05-11-1999 Council Minutes Special City Council Meeting

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ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 Page 2 • be obtained by the Club in order to retain the work that had been completed and for the access to Woodhill Avenue to be used. The City subsequently has held a number of public and non- public meetings between and among Club representatives, City Council, City Staff, and the immediate neighbors potentially affected by the reopening of the access. The City refused to permit Woodhill's use of Woodhill Avenue without the proper conditional use review process. Woodhill refused to make such an application and in July of 1998, the Club filed a lawsuit against the City claiming that Woodhill has the right to open and use the Woodhill Avenue access without City approval. Gaffron stated Woodhill proposed a settlement procedure in which Woodhill would apply to the City for a conditional use permit to allow opening and use of the Woodhill access on a limited basis. Woodhill is requesting an amendment to their 1968 conditional use permit to acknowledge the following vehicular access rights: 1, the right to maintain unbarricaded access to Woodhill Avenue; 2, install a gate and maintain control of said entrance; 3, have access available at all times for emergency vehicles; 4, have access available from 7:00 a.m. to 8:00 p.m., for Woodhill members and invited guests during days the Club is open; 5, have access available for transporting tractors to Long Lake for repair; 6, have access available for general access if County Road 15 access is temporarily blocked subject to notification of City and neighbors; and 7; have access available per the 1987 easement, which grants access to Lot 3, Block 1, Woodhill Ridge over Woodhill property to Woodhill Avenue if County Road 15 access is closed or otherwise denied. Woodhill Country Club is requesting of the City that the above rights not be revocable, nor for a limited period of time, nor be subject to further review by the City except as provided for in Orono's • Zoning Code Section 10.09, Subdivision 11, which talks about a petition involving 75 percent of the adjacent property owners. Woodhill's application also requests that the 1968 conditional use permit be amended to include the following triggers that will require further City review or further amendment of their conditional use permit: 1, conversion of Woodhill Avenue access into the main permanent Club access; 2, use of Woodhill Avenue as an access for delivery, taxi, service or other commercial vehicles; 3, use of Woodhill Avenue as a general public access; 4, use of Woodhill Avenue access at times other than allowed in #1 above; 5, expansion of Woodhill's driveway between the maintenance building and Woodhill Avenue; 6, paving of the driveway abutting Woodhill Avenue; and 7, signage, identification or directional signage, concerning Woodhill on Orono Orchard Road. Gaffron stated in addition Woodhill Country Club is requesting that the City confirms by conditional use permit amendment or by City Council resolution that Woodhill's right of access to Woodhill Avenue exists independent of any conditional use permit process and is not revocable through a conditional use process in regards to the 1987 easement agreement and in the event of permanent blockage of access to County Road 15 as a result of improvements to that road or resulting from closure actions related to the railroad right -of -way. City Staff is assuming that use of the Woodhill access for Club maintenance vehicles other than tractors and Club employees, except in relation to tractor servicing, are not being requested. Gaffron stated there may be additional items, uses or improvements which have not been identified. Gaffron stated under Orono's City Codes and Comprehensive Plan, since 1968 golf courses and country clubs have been an allowed use in the RR -1B single family residential zoning district. In 1968, the Club was issued a conditional use permit which was identified as a non - conforming • conditional use permit, but current City Staff is of the opinion that that was a misnomer and that Page 2