HomeMy WebLinkAboutRes 4305 - driveway .,, , .
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
TO WOODHILL COUNTRY CLUB
FOR A DRIVEWAY ACCESS TO WOODHILL AVENUE
FILE #2484
WHEREAS, the City of Orono(hereinafter"the City")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 has adopted zoning and other
regulations for the orderly, economic and safe development of land within the City; and
WHEREAS, Woodhill Country Club(hereinafter "applicant" or "the Club"), a Minnesota
non-profit corporation,is owner of the property addressed as 200 Woodhill Road, a portion of which
is located within the City of Orono, such portion being legally described in Exhibit A attached and
referred to hereinafter as "the Property"; and
WHEREAS,the applicant has made application to the City for an amendment of its 1968
conditional use permit(CUP) per Municipal Zoning Code Section 10.28 Subd. 3, to:
a) acknowledge certain basic rights of access to Woodhill Avenue; and
b) impose certain new restrictions and conditions on Woodhill's access to Woodhill Avenue;
and
WHEREAS, litigation concerning the access is pending, and this application has been
tendered by the applicant in an effort to resolve the litigation; and
WHEREAS,on May 11, 1999 after due published and mailed notice,the City Council held
a public hearing on this application and received information and comments from the applicant and
applicant's consultants, from the City staff and the City's consultants,and from the public including
residents and representatives of the Woodhill Avenue neighborhood.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota:
FINDINGS
1. This application was reviewed as zoning file No. 2484.
2. The property is located within the RR-1B Single Family Rural Residential
Zoning District.
3. Within the RR-1B zoning district, golf courses and country clubs are a permitted
use via conditional use permit (CUP). Woodhill Country Club operates under a
CUP granted by the City on September 13, 1968.
4. The text of the 1968 CUP does not expressly address (either by way of limitation or
authorization) the use or location of any driveway on or access to the Property.
5. Subsequent CUP approvals have been granted to Woodhill Country Club for
construction of tennis courts in 1973,construction of a maintenance facility in 1988,
and construction of a pumphouse in 1998.
6. The western driveway of the Woodhill Country Club abuts the platted right-of-way
of Woodhill Avenue.
7. The Club's main entrance is on Woodhill Road. Woodhill Road serves an existing
neighborhood of eleven private homes. Traffic from Woodhill Road crosses the
railroad tracks and enters onto County Road 15.
8. Development of the Woodhill Ridge subdivision occurred in the late 1980's and the
Woodhill Avenue access was not used for regular vehicular use during or since that
development occurred.
9. The traffic levels on County Road 15 make access to the Club difficult, particularly
from the west and north, due to the need to make left turns across heavy traffic onto
County Road 15 and from County Road 15 to Woodhill Road.
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10. The Club wishes to use Woodhill Avenue as a secondary access for vehicular traffic
to the Property. The use of Woodhill Avenue as an access for regular vehicular traffic
to Woodhill Country Club will be a change from the traffic pattern in place since
1980 and may change the current character of Woodhill Avenue, which has
functioned as a dead-end street since 1980.
11. The City Council finds that the Club's use of Woodhill Avenue as an access road
may create certain negative impacts to the existing Woodhill Avenue neighborhood
unless some limitations on the Club's use of the access are established. The City
Council desires to place limitations on Woodhill Country Club's use of Woodhill
Avenue as a secondary access in order to ensure that the health, safety and welfare
of the existing residential neighborhoods served by Woodhill Avenue is adequately
protected, and that any negative impacts which might be created by the Club's use of
Woodhill Avenue are minimized or avoided.
12. The City Council finds that granting this Conditional Use Permit to allow use of
Woodhill Avenue as a secondary access on the terms set forth in this permit will not
be detrimental to the health, safety, or general welfare of the public, would not
adversely affect light, air,nor pose other dangers to neighboring properties, nor will
it be materially injurious to property or improvements in the vicinity and that the
proposed location of the use of the access will be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings,the City Council of Orono,Minnesota hereby grants
to Woodhill Country Club an amendment to its 1968 Conditional Use Permit to allow limited access
via Woodhill Avenue subject to the following conditions:
1. The right of the Club to the reasonable use of the Woodhill Avenue access is hereby
acknowledged and granted, subject to the the right and authority of the City to place
restrictions on the use of the access as necessary to protect the public health, safety and
welfare, and subject to the conditions of this permit. The City does not reserve the right to
completely close the Woodhill Avenue access under the CUP process.
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2. The Club shall pave the road(to be hereinafter referred to as "the Woodhill Avenue access")
within the dedicated right-of-way of Woodhill Avenue extending from the easterly end of
the currently paved portion of Woodhill Avenue,to the easterly end of the dedicated right-of-
way. The Club may improve the gravel driveway within the Property to connect the Club's
interior driveway system to the Woodhill Avenue access. An after-the-fact staff-administered
land alteration permit as well as an after-the-fact permit from the Public Services Director
for work within the right-of-way shall be issued with the CUP for such work, prior to
recommencement of construction on the Woodhill Avenue access.
3. The Club shall install a gate across its private driveway within 30 feet of the western
boundary of the Property, which gate shall be locked at all times except when used
as follows:
A. Use of the Woodhill Avenue access by emergency vehicles (police, fire, ambulance
and utility).
B. Use of the Woodhill Avenue access for transporting Club tractors to and from Long
Lake for repair.
C. Use of the Woodhill Avenue access for general access to the Property if the
Woodhill Road access to County Road 15 is temporarily blocked (subject to
reasonable notification to the City and affected neighbors),but only during the period
of such temporary blockage.
D. Use of the Woodhill Avenue access under the terms of that certain Easement
Agreement, dated October 5, 1987 between the City, the Club, and MSM, which
benefits one residential lot if County Road 15 access is blocked.
E. Use of the Woodhill Avenue access as an entrance only(i.e. one way, from west to
east) for private passenger vehicles between the hours of 7:00 a.m. and 8:00 p.m.
during those days that the Club is open.
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4. The following uses are not approved at this time, and would require further review and an
amendment to this CUP:
A. Conversion of the Woodhill Avenue access into the main entrance to the Club on a
permanent basis.
B. The authorized use of the Woodhill Avenue access as an entrance or exit by
delivery, taxi, service, or other commercial vehicles.
C. Use of the Woodhill Avenue access as an entrance or exit by the general public.
D. Use of the Woodhill Avenue access at time periods other than as provided for in
Condition 3 above.
E. Expansion of the Club's westerly interior driveway between the maintenance building
and the Woodhill Avenue access.
F. Placement on Orono Orchard Road of any identification or directional signage
concerning the Club.
5. City staff shall monitor use of the Woodhill Avenue access during its first season of
operation and shall report to the Council any problems or concerns that are encountered.
The City may periodically meter the amount of traffic using the Woodhill Avenue access.
6. In addition to the review provided for in Orono Zoning Code Section 10.09, Subdivision 11,
the Council reserves the right, subject to Condition 1, to review and amend the terms and
conditions of this permit pursuant to Section 10.09, Subdivision 6B. The City may review
and amend the conditions of this CUP after the first golf season of operation under this CUP,
or if the peak daily traffic count exceeds 100 trips per day at any time. The City will not
review or amend the basic right of access as set forth in Condition 1 of this Conditional Use
Permit.
7. The Club shall make or be responsible for the following improvements in conjunction with
its construction of the Woodhill Avenue access, and these improvements shall be completed
before the access is opened:
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A. Installation of eastbound and northbound stop signs at the intersection of the public
portions of Woodhill Avenue and the private road serving the Woodhill Ridge
development (See Exhibit B).
B. Installation of eastbound "10 MPH" speed limit sign on the private access drive at
the Club's west property line.
C. Installation of westbound"Do Not Enter" signage at the Club's interior driveway near
the maintenance building, and at a location on Woodhill Avenue approximately 20
feet west of the Club's west property line.
D. Installation of at least two sets of speed bumps along Woodhill Avenue at locations
approved by the City Engineer.
E. Paving of the Woodhill Avenue access from the eastern end of the currently paved
roadway to the Club property line.
F. Removal of vegetation within the right-of-way of Woodhill Avenue or Orono Orchard
Road that may impede adequate sight distance, as requested by the Public Services
Director subject to notification of the property owner abutting the vegetation to be
removed.
G. Installation of stormwater facilities and other construction per Coffin & Gronberg
engineering plan dated April 23, 1999 subject to provision of any other information
requested by the City Engineer per his letter dated April 30, 1999.
8. If all access from the Club to County Road 15 is permanently blocked as a result of either
County Road 15 alteration or improvement, or as a result of closure of the Woodhill Road
access by the owner of the railroad right-of-way, the City recognizes the Club's right of
reasonable access, but reserves the right and authority to determine via the conditional use
permit process whether such permanent access should be provided by allowing a full access
to Woodhill Avenue, or via some other method or location, and what conditions must be
imposed on that access to protect the health, safety and welfare of all citizens in the area and
the users of the roads, including Woodhill members, guests and employees.
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9. Authorities granted by this conditional use permit run with the property not with the
applicant.
10. Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the Zoning Code per Section 10.09, Subdivision 12 and Section
10.99, and may terminate any authority granted herein, after review by the Council.
11. The undersigned applicant has read and understood the terms of this resolution, hereby
agrees to Conditions 1-10, and on behalf of itself, its heirs, successors and assigns, hereby
agrees to the recording of this resolution in the Chain of Title of the Property.
12. The applicant asserts that its agreement to the conditions of this Resolution is made solely
on the condition that it does not waive and is without prejudice to applicant's claim of right
to use the Woodhill Avenue access without limitation and without further amendment of its
1968 CUP, which claim of right the City denies.
13. The City will consent to a dismissal without prejudice of the litigation concerning the access.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 14th day of June, 1999.
ATTEST:
Linda S. Vee, City Clerk Gabriel . .bour, Mayor
APPLICANT ACCEPTANCE:
'- ‘(\ o‘ c4 . N.,,,.5:4---
A.,
Authorized Representative of
Woodhill Country Club
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of June,
1999 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
V7GV (6�• MARY ANN JOHNSON �► ,i/ / '
• NOTARY PUBLIC-MINNESOTA (� Notary Pu
i, °-,,,,,/ My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /3 ?LA day of J c /)l , 1999 before me a Notary Public
within and for said county, personally appeared/I/,STK,¢. , /6,p e c/r t 4 a fh o if%Z e d ,eee e e seofQ--i r e_
known to me to be the person(s) described in and who executed the foregoing instrument, and o
acknowledged that he(they) executed the same as his (their) free act and deed. Wood)); /1
C 0 14. h f,ey
MARY ANN JOHNSON NOTARY Y 4'UBLIC
.- NOTARY PUBLIC-MINNESOTA
'•...„ • My Commission �r '
Exp'eS Jan.31,2000 €
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EXHIBIT A
RESOLUTION NO. 4305
LEGAL DESCRIPTION
1. The Northeast Quarter of Section 2, Township 117 North, Range 23 West,
Hennepin County, Minnesota, except that part of said section 2 embraced within
Woodhill Ridge, Woodhill Ridge 2nd Add., Edgewood Place, RLS #1596, RLS
#1098, Dakota Rail right-of-way and Burlington Northern right-of-way.
2. Part of the Northwest Quarter (NW 1/4) of Section 1, Township 117 North,
Range 23 West, Hennepin County, lying south of Burlington Northern right-of-
way and north of Dakota Rail right-of-way.
3. All that part of Lot Thirty-four (34) in Auditor's Subdivision #45 lying South of
Burlington Northern right-of-way and north of the Dakota Rail right-of-way.
EXHIBIT B
RESOLUTION NO. 4305
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'DO NOT ENTER'SIGN
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'DO NOT ENTER' SIGN a �,` GATE
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STOP SIGN
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