HomeMy WebLinkAboutResolution 6369 � o�
O �, _ O CITY of ORONO
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A �2ESOLUTION
GRANTING COMMERCIAL SITE PLAN APPROVAL
FOR INSTALLATION OF
AN UNDERGROUND MARINE FUEL STORAGE TANK
AND APPURTENANCES FOR THE PROPERTY
AT 1442-1444 SHORELINE DRIVE
- FILE #14-3647
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted land development regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, per Orono Zoning Code Section 78-142, EOF Investments, LLC
dba Your Boat Club LLC ("the Applicants") have applied for commercial site plan approval for
installation of an underground marine fuel storage tank and appurtenances for the properties
located at 1442-1444 Shoreline Drive within the City of Orono and legally described as:
Exhibit"A" attached, Hennepin County,Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants own and operate a marina providing services to the
public including dock slip rental, boat and marine equipment sales, and a boat club involving
properties addressed as 1440, 1442 and 1444 Shoreline Drive; and
WHEREAS, the Applicants are requesting approval for installation of a below-
ground fuel tank within the parking lot area south of the gazebo on the Brown's Bay side of
County Road 15, which tank would serve a gas dock with fuel dispensing equipment to be
located on the center section of docks at the site; such system being located within the properties
addressed as 1442 and 1444 Shoreline Drive; and
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WHEREAS,the Applicants are concurrently applying to LMCD and MnDNR for
approval to reconfigure the necessary portions of the existing dock system to accommodate the
fueling operation; and
WHEREAS, the sale of marine fuel is a permitted use within the B-2 Lakeshore
Business District in which the Property is located; and
WHEREAS, pursuant to mailed and published public notice, the Orono Planning
Commission held a public hearing on this application for commercial site plan approval on
January 21, 2014, at which time all persons wishing to comment on the proposal were allowed to
comment; and
WHEREAS, on January 21, 2014, the Orono Planning Commission voted 5-0-1
to recommend approval of the commercial site plan; and
WHEREAS, the City Council has considered the application by the Applicants
for commercial site plan approval, and per the evaluation criteria established for approval of a
commercial site plan in Orono Zoning Code Section 78-145, makes the following findings:
(1) The proposed use is compatible with surrounding land uses. The immediately surrounding
land use is commercial in nature. Directly south of the proposed tank location is another
commercial marina. The nearest residence structure (the residentially zoned house at 1442
Shoreline Drive, owned by the applicants) is approximately 170 feet from the tank, with the
nearest neighboring residence approximately 230 feet from the tank and 200+ feet from the
gas dock. Delivery and dispensing of fuel to boats in the water on Brown's Bay is not
likely to be incompatible with surrounding land uses.
(2) The proposed use preserves existing unique and natural features of the site and minimizes
impacts to wetlands, floodplains, and shoreland areas. The proposed tanlc location is on a
portion of the property in an existing hardcover (gravel) parking lot, with an existing land
surface slightly lower than the 931.5' 100-year flood elevation, based on the ALTA survey
on file. The design of the tank installation incorporates measures to address tank buoyancy
and accommodate parking above the tank, and will be fitted with sealed ports to eliminate
surface water inflow. The proposed tank will meet all design standards necessary to avoid
fuel discharges to the environment.
(3) The proposed use creates harmonious relationship of buildings and open space with natural
site features and with existing and future buildings having a visual relationship of the
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deve�opment. The proposed underground tank will result in only very minimal visual
impacts on the site.
(4) The proposed use achieves a safe and efficient vehicular and pedestrian circulation system.
The tank installation will not reduce parking on the site and is not expected to impact
traffic or pedestrian movement. Because the boat club operation is located on the same
side of CR15 as the proposed fueling facilities, pedestrian crossing of CR15 is not expected
to increase due to the fueling operation.
(5) The proposed use will place no excessive demands on services and infrastructure, including
local streets. Because this is a marine fueling station, not intended or allowed to serve other
than boats on the water, vehicular traffic on surrounding streets is not expected to change
due to the fueling operation.
(6) The proposed use conforms to the city's plans for parks, streets, and walkways.
(7) The proposed use conforms to the Orono Community Management Plan (CMP). The
property is guided for commercial use in the CMP. The proposed fueling facilities when
properly installed and operated are not expected to cause negative environmental impacts
nor be in conflict with the CMP.
(8) The proposed use will achieve a maximum of safety and convenience of vehicular and
pedestrian movement. The fueling system will be required to meet all safety requirements
established in City and other agency regulations. In terms of vehicular and pedestrian
movement, location of the fueling system on the same side of CR15 as the primary use it
intends to serve (i.e. the boat club use) will help to minimize pedestrian movement across
CR15.
(9) The proposed use incorporates sufficient landscaping to reasonably screen undesirable
features and to enhance the image of the development. Visual impacts of the proposed
fueling facilities are anticipated to be very minimal and are not expected to require
screening.
(10) The proposed use protects abutting properties and does not create detrimental disturbances
to surrounding properties. The proposed fueling facilities and operation are not anticipated
to disturb surrounding properties.
(11) The proposed use will conform to all requirements of this chapter. The fueling operation is
a permitted use in the B-2 District. All pertinent setback requirements will be met with the
proposed tank location (75' to lake, 30' to street lot line, 10' to side lot line). The tank will
be required to be flood-proofed in accordance with the provisions of Section 78-1121(3)
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O � O CITY of ORONO
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and will be required to be installed in a manner such that it is not subject to flooding, in
order to not fall under the prohibition of Section 78-1121(5) on storage of materials that
are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or
plant life. The tank and fueling system will be required to meet all applicable provisions of
the Minnesota Uniform Fire Code.
(12) The proposed use incorporates efforts to conserve energy whenever practical. The use of a
2,000 gallon tank will reduce the interval betw�en tank refills.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orono does hereby grant commercial site plan approval for installation of an underground
marine fuel storage tank and appurtenances for the properties located at 1442-1444 Shoreline
Drive, subject to the following conditions:
1. Applicants shall combine the southerly two tax parcels (0006 & 0007), and provide
confirmation of an easement over parcel 0005 for the gas line leading to the dock.
2. Prior to issuance of tank installation permit, applicants shall obtain any appropriate
MCWD permits that may be required.
3. Prior to issuance of tank installation permit, applicants shall provide to the City a copy of
LMCD gas dock approval/permit.
4. Installation permit will be subject to review & approval of Orono Building Official and
Long Lake Fire Chief.
5. Installation and operation of fueling system shall meet all City and State requirements.
6. Approval is subject to submittal of any required SWPPP &NPDES permits.
7. The tank and appurtenances installation shall be in conformance with the site plan and
installation plans attached to this resolution as Exhibit B. Any changes in location or
design from the approved plans may be subject to further City review.
8. Authorities granted by this resolution run with the property not with the applicants, but
are permissive only and must be exercised by obtaining a mechanical permit by February
24, 2015 or the approvals will expire on that date.
9. Violation of or non-compliance with any of the terms and conditions of this commercial site
plan approval shall constitute a violation of the zoning code, shall automatically terminate
any authority granted herein, and shall be punishable as a misdemeanor.
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O �,,�� O CITY of ORONO
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10. The undersigned owners have read, understand and hereby agree to the terms of this
resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to
the recording of this resolution in the Chain of Title of the Property.
Adopted by the City Council of Orono this 24th day of February, 2014.
ATTEST:
c.�. �
r�<< : �c (� /�c.,cc��L.._ �_��
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
. �
Applicant
�
/
Applicant (for EOF Investments, LLC)
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O � _ O CITY of ORONO
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��� ����' No. 6 �9
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this I `I day of�_, 2014, L�-� 1e�Cl�a.rd fG�je"'�� dl�»tp.t iof EOF
Investments, LLC personally appeared before me on behalf of EOF Investments, LLC.
gARBARA G.SILUS ���,Q
NO�ARY PUBkIC-IiN��SOTA
py�a,,,,,i�o„E�p;r�t„Mn.�t,�011 Notary Public
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EXHIBIT A
RESOLUTION NO. 6369
Legal Description
The following three parcels in Hennepin County, Minnesota:
1442 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0005:
That part of Government Lot l, Section 11, Township 117, Range 23 described
as follows: Commencing at the meander corner on the North line of said
Government Lot 1; thence South 10 degrees East (assuming the North line of
said Government Lot I as bearing East and West) a distance of 647.23 feet to a
point hereinafter referred to as "Point A"; thence continuing south 10 degrees
East a distance of 117.65 feet to the actual point of beginning; thence South 67
degrees 48 minutes West to the shore of Tanager Lake; thence Northerly along
said shore line to a line bearing South 67 degrees 48 minutes West from said
�Point A"; thence North 67 degrees 48 minutes East to the shore of Lake
Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a
line bearing North 67 degrees 48 minutes East from the actual point of
beginning; thence South 67 degrees 48 minutes West to the actual point of
beginning; except that part of the above described tract which lies
Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the
Northwesterly line and its extensions of the above described tract.
Torrens Property
1444 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0006:
That part of Government Lot 1, Section 11, Township 117, Range 23 described
as commencing at the meander corner on the North line of said Government
Lot 1; thence South 10 degrees East (assuming the North line of said
Government Lot 1 as bearing East and West) a distance of 764.88 feet to the
actual point of beginning; thence North 67 degrees 48 minutes East to the shore
of Lake Minnetonka; thence Southeasterly along said shore to its intersection
with a line bearing North 67 degrees 48 minutes East from a point which is on a
line bearing South 10 degrees East and distant 61.39 feet from the actual point
of beginning; thence South 67 degrees 48 minute West to the shore line of
Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of
Tanager Lake to its intersection with a line bearing South 67 degrees 48
minutes West from the actual point of beginning; thence North 67 degrees 48
minutes East to the actual point of beginning.
Torrens Property
Page 1 of 2
Address Unassigned, Orono, Minnesota, PID 11-117-23-22-0007:
That part of Government Lot 1, Section 11, Township 117, Range 23 described
as commencing at the meander corner on the North. line of said Government Lot
1; thence South 10 degrees East (assuming the North line of said Government
Lot 1 as bearing East and West) a distance of 826.27 feet to the actual point of
beginning; thence North 67 degrees 48 minutes East to the shore of Lake
Minnetonka; thence Southeasterly along said shore 60 feet more or less to an
intersection with a line bearing North 67 degrees 48 minutes East from a point
which is on a line bearing South 10 degrees East and distant 61,39 feet from the
actual point of beginning; thence South 67 degrees 48 minute West to the shore
of Tanager La.ke (formerly Mud Lake); thence Northwesterly along the shore of
Tanager Lake to an intersection with a line bearing South 67 degrees 48
minutes West from the actual point of beginning; thence North 67 degrees 48
minutes East to the actual point of beginning.
Torrens property
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Resolution
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� � fl NOTES:
t0 = M � o� � � � 1-ALL PIPING AND ELECTRICAL INSTALLATIONS MUST
� x , . O , � _ _ � CONFORM TO ALL APPLICABLE REGULATIONS INCLUDING
� W � NFPA30,FLAMMABLE&COMBUSTIBLE LIQUIDS CODE;
NFPA30A,AUTOMOTIVE&MARINE SERVICE STATION
�� � � • • � CODE;NFPA70,NATIONAL ELETRICAL CODE.
a �� � �
' 2-PIPING FROM TANK TO DISPENSER SHOULD SLOPE
UPWARDS,AVOIDING AIR OR IIQUID TRAPS.
u n i� i
�� �� � � 3-U5E UNIVERSAL JOINTS AT DISPENSERS TO ALLOW
II II � I a I FOR GROUND MOVEMENT.
e
° ° � � 4-CONDUIT TAPS SHOWN ARE PROVIDED.ANY OR ALL
d �� � �
N II I I MAY BE USE TO MAKE ELECTRICAL CONNECTIONS
JUNCTION90X „ „ � � TO DISPENSER.
I� 5-FIRMLY MOUNT THE DISPENSER TO TH�ISLAND USING
YA_ _ II �A I I THE ANCHOR BOLT LOCATIONS PROVIDED.
Y - IY 1 1
" � �� � � 6-EMERGENCY SHUTOFF VALVES AND BREAKAWAY
DEVICES ARE EXAMPLES OF REQUIREMENTS STATED
II _ I I IN THE NFPA30A,AUTOMOTIVE&MARINE SERVICE
n II � 11 YI 1 1
°'� ; , . ' N ' ' '' STATION CODE. THESE,AS WELL A5 ANY OTHER SAFETY
DEVICES REQUIRED BY NFPA30&30A,MUST BE INSTALLED
' AND,MAINTAINED PER THE MANUFACTURER'S
ivruaTiN�TUNiorr�i C� INSTRUCTIONS.
EMERGENCY V/�LVE(1X
� 1 11Y"SCHED AO GILLVHNIZEO PIPE
i0 S70MGE TANK
m m
UNIVENS�L JOIN�I%
m
3l4"%1 1l7 SLOTS FOR ANCHOR BOLTS(D( 1 1/2'NPf INLET UNION(1X)
m 72 3•'
9 5'
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21
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f°� ' � fn
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1 TOP OF ISLAND
3�• ct 0 q
1^NPT CONDWT TAPS 13%1
JUNLTION BO%EXPLOSION Pf300P
MA(1 E) m
OMYAWp1E YIA1NEOfY45p1
BASE DIMENSIONS 3/G2221D-3/G2227D/R MODEL-3/G2221 D-SHOWN —� """ "'°"`
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sixcracna �:;;�;,,�I�r ���i o3-305700-OWG A
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on February 24, 2014, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the
City this_��day of '' ��j / , 2014.
L'�Cr � d�—�- (� �c�z � -
City Clerk