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 • the Club in actuality was issued is a conditional use permit for a conforming use. Historically the City has required a new conditional use permit for any new physical improvements, i.e., new buildings, grading work, to an existing conditional use. This requirement has been applied across the board for all conditional use permits that have been issued by the City. Conditional uses includes those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The City Council does have the authority to grant or deny conditional use permits and to impose reasonable conditions on them. Gaffron stated with regard to Woodhill's request, it is the City's position that the re- opening of an access to Woodhill Avenue after a nearly 20 year closure requires a new conditional use permit or an amendment to the existing conditional use permit for the following reasons: 1, the 1968 conditional use permit was issued based on a given set of circumstances that existed at the time; 2, it can be reasonably argued that the 1968 conditional use permit to allow the Club to operate has not lapsed. It might also be reasonably argued that the lack of use of Woodhill Avenue as a secondary access to the Club for nearly two decades or more might be considered as a lapse in that specific aspect of the conditional use permit; 3, the conditions that applied when the 1988 maintenance building conditional use permit was granted have also changed; and 4, the proposed use of Woodhill Avenue by a non - residential user raises concerns of health, safety and welfare that the City is responsible for addressing, and which are properly raised within the format of a public review process when a conditional use is involved. Gaffron commented that one of the permits required is a permit for work in the public right -of -way is for construction or reconstruction of this driveway approach per City Codes. City Code currently only permits one business driveway per development unless approved by the City, the driveway must be paved within the right -of -way, the driveway approach must be located at least 100 feet from a corner in a residential district, and the driveway must be ten feet from the side lot line. A land alteration permit is also required if the volume of land alteration is under 500 cubic yards, and if over 500 cubic yards, a conditional use permit is required. If City Staff concludes that the work may create negative impacts or are not in keeping with the goals and policies of the Comprehensive Plan, City Staff is authorized to refer land alteration permit requests to the City Council for volumes less than 500 cubic yards. It is the opinion of City Staff that while the volume of grading in conjunction with this access work is significantly less than 500 cubic yards, the proposal does potentially create negative impacts specifically related to drainage, noise, odors, visual impacts and public safety, all of which should be reviewed by the Council given the neighborhood concerns that have been expressed. Gaffron remarked that Orono's Community Management Plan does encourage the retention and continued operation of private golf courses in that they provide aesthetic open space and natural vistas to the benefit of adjacent landowners and the general public. Gaffron noted that the City is in favor of the golf course existing at that location. The Rural Transportation Policies state that driveway locations and rural street or private road intersections will be limited for traffic safety, with the intent being to consolidate access points onto major roads. The City's Urban Land Use Policy states that commerical and industrial development will not be permitted to adversely affect neighboring residential property. While Woodhill is not strictly a commercial or industrial use, certain aspects of its operation may have impacts that are not strictly residential in nature, and that is why private golf courses are a conditional use rather than a permitted use. Gaffron stated that the City of Orono does acknowledge that Woodhill Avenue served as a is secondary access to Woodhill Country Club for many decades prior to the issuance of the 1968 Page 3