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HomeMy WebLinkAbout06-08-2004 Council Work Sessionryir Council Work Session 5:30 p.m., Tuesday, June 8,2004 Orono City Council Chambers AGENDA 1 . Police Department Update A. Revised Police Reserve Program B. Joint Drug Task Force Update C. Other 2. Background Information Related to the Woodhill Country Club CUP Application 3. Big Island Vets Camp Update 4. Review of Areas Re-guided for Higher Density Residential Development 5. Other Oroiio Police Department Memo Dale; 6/IAS »► ) I ► To:Mr.Moorto From: Chief Stephany Good A.J. Chaimard a.. On Monday May 24. 2004. AJ. Chaunard of 1975 Central Avenue. l.onR l ake made some statements during public comments at the Orono Council Meeting that require clarification from the police department. Mr. Chaunard called and left a lengthy voice mail message on my telephone answering machine on Tuesday alteriuHin May 20'^*. He said that the l-ong I,akc Council told him to see me. lie had multiple complaints including stop sign violations and violations of road closed signs and bringing in revenue, lie complained about people ignoring the "Road Closed” signs on Daniels Street in Long Lake and suggested that the police department post patrol officers at each end of the closure to "catch” people who ignored the sign.s. He said two officers could hide in the bushes to catch offenders. I referred the call to Sgt. hrickstm At no time did Chaunard mention anything about a 91 1 call or that olticcrs failed to respond. (The voice mail message was saved and copied to Mr. M(H)ise on 0/V04 ) On Weds. May 21, Sgt. Hrickson returned the call to Mr. Chaunard. Sgt Lrick.son s|)ent over 45 minutes with Chaunard at that time, and answered hts many complaints and concerns At no time did C'hauiuid mention to Sgt. Eiickson anything about his making a 911 call. On Weds May 26,1 had my weekly meeting with Mr Mo<irsc at which time he asked me if the piilicc department had received a 91 1 call from Chaunard to which no one resp<mded I mformeil him that was the first 1 had heard ot this and this was something that would cause concern as I had previously pul a p«4icy in place that rec{uiies otiicers to take rc|x>rl.s m j>crstin unless it is not |H>ssib1c. lie inloimed me tha* Chaunard had also made multiple complaints to ihe I tmg I akc City Council at their last meeting While in Mr. Minirsc ’s office. I used the Nextel ami s|K)kr with Sgt. hrickson Sgt. Liickson said that Chaunard had not s|K)kcn to him about making a 911 call Out of all of the comtilaints by Chaunard. failure of (xilicc to respond to a 911 call is the one that causes the most concern and is something I can address. Sgt Erickson found a CAD history of a 9| 1 call made to the Hennepin County Dispatch from an apartment building in Long Lake An Orono officer was informed by dispatch that the reporting person wanted to report a theft of a lamp, and wanted a call back The officer stated that he tried to call back several limes but the line was busy. He said he passed informatu>n on to his replacement in case the reporting |>ersi)n called again He said that in the past people who asked for phone calls did I'■ % not want a marked squad to show up at their residence and he did not want to unintentiona'^y anger the person by going to the apartment. We will be looking at the police procedures on this call. Mr. Chaunard should be advised that there are generally only two officers on duty and that we would be remiss with our overall coverage if we were to assign two officers to enforce the Daniels Street *'Road Closed** signs. It dues appear (hat the Daniels street business community wants people to have access to the businesses in the area during construction. If the City of Lxmg Lake determines that it would like enforcement* in this area, it will require two additional officers for which the City would be required to hire on an off-duty basis. It is doubtful that enough revenue would be generated from citations after overtime and court costs are paid. Since I received no direction from the City of Long Lake regarding this complaint, I am reluctant to take any other enforcement action at this time. 1/14^ * I# • TO: FROM: DATE: Mayor Peterson and Council Members Ron Moorsc, City Atlministrator June 3, 2001 SUBJECT: Background Information Regarding the Woodhill Country Club CUP Application In 1998, the Woodhill Countr>' Club decided tn open np a connection from the Country Club to Woodhill Avenue to provide an alternate access to the Club. The purpose was to enable members to avoid the heavy traffic on County Road IS. Providing the alternate access on Woodhill Avenue meant opening up a roadway that had been a cul de sac for many years. The residents along Woodhill Avenue, and on a small cul de sac connected to Woodhill Avenue, objected to the change from a cul de sac to an access to the Club. 1 he initial issue concerning the connection was a legal issue regarding whether the Club had the right to connect to a public road without authorization by the City. The City and the Club were involved in a legal dispute regarding this issue. This legal dispute was set aside when the Club made an application for a CUP to enable the use of the access. The result of the CUP application process was the approval of the u.se of the access as a one-way access in to the Club, within a set of conditions. The Woodhill Country Club has now made an application to amend the CUP to allow the connection from Woodhill Drive to be a two-way connection. It is important that the Council has an understanding of the initial application as it considers the current application. Attached to this memo is a set of materials related to the initial CUP application. The materials include the following: ■ Resolution #4305 granting the CUP for driveway access to Woodhill Avenue ■ The staff report regarding the CUP application ■ The minutes of Ute special Council meeting at which the CUP application was heard ■ A letter from Bruce Malkerson, the attorney representing a number of residents who lived along Woodhill Avenue ■ A cover letter from James McCarthy, the attorney representing the Club, and the narrative titled Application of Woodhill Country Club ■ A letter from Parsons Brinkerhoff, the traffic engineer hired by the Club, regarding a traffic study conducted to analyze the traffic impacts of opening the connection from the Club to Woodhill Avenue. HINSHAW & CULBERTSON AFFLETON.WISCOWSTN itLLfVIUE. ILLINOIS BLOOMINGTON. ILLINOIS BROOK/1SLO. WISCONSIN CMAMFAJGN. ILLINOIS CNICAOO. lUINOIS CIIYSTAL LAKL. ILLINOIS FT LAUDLJIDALE, FLORTOA JACKSOKVOLE. FLORJOA lOLirr. ILLINOIS LAK£ OENIV a . WIKONSIN LISLE. ILLINOIS fIFERMFnUVTOWtIl SUITE 1100 ::: south ninth steeft MINNEAfOUS. MINNESOTA 3)402 0l2jm434 TELEFAX 612 293 0191 Nancy Chadwick Direct: 612,295.0660 nchadwick(o<onrainpinc net January 17, 2000 C * • • 'w , MIAMI. rX)IUDA MILWAUKEE. WISCONSIN MUNSTER. INDUNA PEORIA. ILLINOIS PHOENIX AR120NA *. ROCKFORD ILLINOIS ST LOUIS. MISSOURI SAN FRANOSCO CALIFORNIA SPIUNGFIELD. ILLINOIS TAMPA. FLORIDA WAUKEGAN. ILLINOIS Carole A. Haseman, Deputy City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Recorded Resolutions Our File No. 752031 Dear Carole: Enclosed please find certified copy of Resolution No. 2484 (City File No. 2484) recorded on November 19, 1999, in the office of the Hennepin County Recorder as Document No. 7218146; and certified copies of the following resolutions that were recorded on December 2, 1999, in the office of the Hennepin County Recorder: 1. Resolution No. 4366 (City File No. 2519) recorded as Document No 7223037; 2. Resolution No. 4368 (City File No. 2538) recorded as Document No. 7223038; 3. Resolution No. 4343 (City File No. 2511) recorded as Document No. 7223039; 4. Resolution No. 4364 (City File No. 2523) rcco"’ded as Document No. 7223040; 5. Resolution No. 4365 (City File No. 2524) recorded as Document No. 7223041; and 6. Resolution No. 4183 (City File No. 2427) recorded as Document No. 7223220. I have also enclosed an attested copies of the following Resolutions that were recorded December 2, 1999, in the office of the Hennepin County Registrar of Titles: 1. Resolution No. 4355 (City File No. 2520) recorded as Document No. 3230198; 2. Resolution No. 4374 (City File No. 2528) recorded as Document No. 3230199; and 3. Resolution No. 4179 (City File No. 2418) recorded as Document No. 3230201. In addition, although I do not have a document No. for it, a certified copy of Resolution No. 4387 (City File No. 2542) was recorded in the office of the Hennepin County Registrar of Titles on January 5, 2000. An attested copy of this resolution is enclosed for the City’s records. i / 1 . < Carole Haaeman January 17,2000 Page 2 Upon your receipt of the enclosed, recorded documents please do not hesitate to call me if you have any questions. Very truly yours. Nancy L. Chadwick Paralegal Enclosure cc: Thomas J. Barrett, Esq. mim 'k I : . ( ./H' •?.' * ' -e '• -='A‘ • •*• .* " •* f • » 1 1,' V •''• I V ^ . 1 ' ’ ^ • "r • • ^f; ‘••iiM..‘iTA 7218146 r** • »!*•:: fl? hi 12:1^5 t "^7218146 • CO.REC. RESOLUTION # i4^' STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) <t K'//^ r: * M 7• ? :< -7 ? • / I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on_____June 14.1999 _____ and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this June________, 19 99 . 24th day of •/ Linda S. Vee, City Clerk ' ♦ t (SEAI^) 1 r. i i i i 1 ■; ] ■ i l^Mii 4 CITY of ORONO myiRr ^//1^1 ^ VV RESOLUTION OF THE CITY COUNCIL 4 ?= ‘■»-NO. 24Mrf«.7a A RESOLUTION GRANTINC; A CONDITIONAL USE PERMIT TO WOODHILL COUNTRY CLUB FOR A DRIVEWAY ACCESS TO WOODHILL AVENUE FILE 1^2484 WHEREAS, the City ofOrono (hereinafter "tlie 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 at'ached 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 pennit (CUP) per Municipal Zoning Code Section 10.28 Subd. 3, to: a) acknow ledge certain basic rights of access to Woodhill Avenue; and b) impose certain new restrictions and conditions oji Woodhill's access to Woodhill Avenue; and W’lIEREAS, litigation concerning the access is pending, and this application has been tendered by the apj)licant in an effort to resolve the litigation; and W’HEREAS, on May 11.1999 after due published and mailed notice, the City Council held a public hearing on tlris application and received infomiation and comments from the applicant and applicant's consultants, from the City staff and tlie City's consultants, and from the public including residents and representatives of the Woodhill Avenue ncighborhotid. Page 1 of 8 o kill GITYofORONO RESOLUTION OF THE CITY COUNCIL NO.4 s 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-IB Single Family Rural Residential Zoning District. 3. Within the RR-IB zoning district, golf courses and country clubs arc a permitted use via conditional use permit (CUP). Woodhill Country Club operates under a CUP granted by the City on September 13,1968. 4. 5. 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. Subsequent CUP approvals have been granted to Woodhill Country Club for con.struction 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. 8. 9. Ihc 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 1 *>. 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. The tralTic levels on Count)' Road 15 make access to the Club difficult, particularly from the west and north, due tc the need to make left turns across heavy tralfic onto County Road 15 and from County Road 15 to Woodhill Road. Pace 2 of 8 oT o\CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.‘ 4 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 V/oodhill Country Club will be a change fron» 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 propert>’ or improvements in the vicinity and that the proposed location of the use of the access will be in keeping w ith 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 resen e the right to completely close the Woodhill Avenue access under the CUP process. Page 3 of 8 A ' & CITY of ORONO RESOLUTION OF THE CITY COUNCIL ns:NO./:. ■': *’ 2. 3. The Club sh2.1I pave the road (to be hereinafter refered to as "the Woodhill .Avenue access") within the dedicated ri<-ht-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. 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). D.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 genera! 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 entrat.ee only (i.e or e 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. Page 4 of 8 I ... _.. .1 o\ !l CITY of OROXO 4. 5. 6. 7. msm ^ A, RESOLUTION OF THE CITY COUNCIL NO.> :? The following uses arc 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 deliver>’, taxi, service, or other commercial vehicles. C. D. Use of the Woodhill Avenue acce.ss as an entrance or exit by the general public. Use of the Woodhill Avenue access at time periods other than as provided for in Condition 3 above. E.Expiuision of the Club’s westerly interior driveway between the maintenance building and the Woodhill Avenue access. F.Placement on Orono Orchard Road of any ideptiHcation or directional signage concerning the Club. 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 arc encountered. The City may periodically meter the amount of traffic using the Woodhill Avenue access. 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. The Club shall make or be re.sponsible 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: Page 5 of 8 : i i k I •4. Mwmb. >;!j GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO./ •■' '••• ", «•> 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. n. Paving of the Woodhill Avenue access from the eastern end of the cunently 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 13 alteration or improvement, or as a result of closure of the Woodhill Road access by tiie owner of the railroad right-of-way, the City recognizes the Club’s right of reasonable access, but reserv es the right and authoritv' 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 emp’cyee.< Page 6 of 8 Ok 0\\ mM d«r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.'‘•r ^ ^ 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 tenns 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: • f / ■' Linda S. Vee, City Clerk Gabriel labour. Mayor N APPLICANT ACCEPTANCE: Authorized Representative of Woodhill Country Club Page 7 of8 0\ ’ 0 GITYofORONO RESOLUTION OF THE CITY COUNCIL 4:r- STATE OF MINNESOTA COinMTY OF HENNEPIN ) ) ss, ) T^e foregoing instniment 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. tzsz MARYANNJOHNSON NOTARY PU8UC4«INNES0TA My Commission Expues Jan. 31.2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary^Pul^ ''' ^ On this f /day of ~J ‘t /y^1999 before me a Notary Public within and for said county, personally appeared A A/6^eeJ,i-. or known to me to be the pcrson(s) described in and who executed the foregoing instrument, and iOcediht' acknowledged that he(they) executed the same as his (their) free act and deed. Co^Jn ’ < MARY ANN JOHNSON„ JJOIarypubuc -minnesota / M|rConnisiionExpi(e}Jan.31.2000 —^— ............. |i Qy\U i NOTARY Pl^&IC ^ Page 8 of 8 1. 2. 3. EXHIBIT A RESOLUTION NO. 4305 LEGAL DESCRIPTION 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 #1096, Dakota Rail right-of-way and Burlington Northern right-of-way. 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. 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. Date Application Submitted: 4-14-99 Date Application Considered Substantially Complete: 4-30-99 60-0ay Review Period Ends: 6-29-99 REQUEST FOR COUNCIL ACTION Date; May 5,1999 Item No. Department Approval:Administrator Approval: A Name: Michael P. Gaffron Agenda Section: Zoning Title: Senior Planning Coordinator Item Description: #2484 Woodhill Country Club, 200 WoodhIII Road - Conditional Use Permit - Public Hearing Zoning District: RR-1B, Single Family Rural Residential Zoning Status:Golf courses, country^ clubs and tennis clubs arc allowed as a Conditional Use within the RR-IB zoning district. Woodhill Country Club is authorized to operate a golf course and related country club activities \ ia a Conditional Use Permit issued by the City Council in 1968. Tlie Club has obtained a number of additional conditional use permits for various improvements since 1968. Brief Summary of Request Woodhill Country Club requests that its 1968 Conditional Use Permit be amended 1) to acknowledge certain basic rights of access to Woodhill Avenue; and 2) to impose certain new restrictions and conditions on Woodhill's access to Woodhill Avenue. The Club cleared and re­ graded a former access from Woodhill Avenue to the Club propert)’ in May 1998 w ithout obtaining City approval. The Club now seeks approval to use this access on a limited basis, requiring a CUP application and review process for this proposed change in use. #2484 - Woodhill CC Mays, 1999 Page 2 List of Exhibits Submitted Wednesday April 14 bv Mark Albrecht: A. General land use application form, signed by Mark Albrecht, and $250 fee B. Plat map from Hennepin County used for defining areas to be notified C. 350' Property owners' list from Hennepin County D. List of property ID numbers (PINS numbers) for Club properties in Orono and Wayzata E. List of Board of Trustces/Officers/Members F. List of persons to be notified regarding application correspondence Submitted hv Fax Thursday April 15: G. Legal Description Submitted Friday April 16 bv messenger from Lindquist and Vennum: H. Letter of transmittal by Jim McCailhy I. 9-page document detailing the request J. Copy of 1968 CUP application and City summar>’ sheet K. 8-31 -98 Sathre-Bergquist survey of gravel driveway area L. 9-26-88 Maintenance facility survey by Sathre-Bergquist M. Half section map from Henepin County N. Excerpt of half-section map with sketched site plan showing roads and buildings O. Plat of Woodhill Ridge Submitted Monday April 26 bv Surveyor Mark Gronberg : P. Existing driveway design/grading/drainage plan dated 4-23-99 (Plan "A") Q. Alternate driveway design/grading/drainage plan dated 4-23-99 (Plan "B") Submitted Thursday April 29 bv Surveyor Mark Gronberg : R. Drainage area map and calculations Submitted Friday April 30 bv fax from Jim McCarthy : S. Cover letter by McCarthy and traffic study by Parsons-BrinckcrholTdated 4-30-99 Additional Exhibits Added bv City Staff T. Referenced Municipal Code Excerpts; 6.01 Subd. 1(E,F); 6.05 Subds. 2,10; 10.03 Subd. 19-21; 10.09; 10.20 Subd. 3C CMP pp. 8-12. 7-13,4-18 U. Letters and Comments received from Public as of 5/5/99 1. 5/3/99 Letter from Jerry & Shelly Storch 2. 5/2/99 Letter from Charles & Maria Maille 3. 5/3/99 Letter from Michael & Judy Wood 4. 5/4/99 Letter and Petition from Jane Delaney 5. 5/4'99 Letter from Bruce Malkerson including Benshoof letter of 5/4/99 V. Public Hearing Notice W. City Engineer Tom Kellogg's Comments 4/30.-99 X. City Engineer's Draft CSAH 15 Traffic Management Study «2484 - Woodhill CC May 5, 1999 Page 3 Public Hearing Notificalion Notice of the Public Hearing was published in The Pioneer and The Laker on April 24. 1999 and May 1. 1999. Written notice to all properly owners within 350' of the properly boundaries and within 350’ of Woodhill Avenue was mailed on Tliursday. April 29, 1099. Additional Permits and/or NotiflcationsWhich May Re Required Other permits which may be required in conjunction with the proposed driveway access include: a) permit for work in right-of-way; b) permit for land alteration; and c) CUP for land alteration exceeding 500 cubic yards The above permits will be held in abeyance pending the result of this land use C'l IP apjilieation. d) Minnesota Statutes require notification of fee holders when trees arc to be cut within dedicated right-of-way. Application Rackgroimd In May 1908 Woodhill Country Club did grading work within the Club property and within the deilieated right-of-way of Woodhill Avenue to re-*>pen a driveway access frt)in the Club property to Woodhill Avenue, which access had been closed by the Club since approximately 1980. riic City stopiK ’d the work upon being advised it had occurred, and indicated to Club rcprcsentali /es that certain permits and approvals would have to be obtained by the Club in order U> leiain the • cork that had been ei>inpleted and for the access to Woodhill Avenue to be used. Subsequently a number of public ami lUMi-public meetings (»ccurred between and among Club representatives, the City Council, stall, and the immeiliate neighbors potcntiall) affected by the re­ opening of the access. The City refused tt> sanction Wcrodlull's use of Woodhill AN cnue without the proper (T IP public review priKess. Woik H u H refused to make such an application. In July 1998 the Club filed suit again.st Orono. claiming that Woodhill has a right to open and u.se the Woodhill Avenue access without City approval. The lawsuit proceeded with discovery through March 190U. in April 1999 Woodhill proposed a settlement procedure by which Woodhill would apply to the City for a CUP to allow opening and use of the Woodhill access on a limited basis. Woodhill filed the current applicatiim on April 14. 1999. I his application was deemed by stall to be substantially complete as ol April 30. 1999 upon receipt of the trafllc study by Parsons RrinckerholT. • i #2484 Woodhill CC Mays, 1999 Page 4 Summary of Woodhill's Request Woodhill's request is detailed on pages 1 and 2 of Exhibit I, and is summarized as follows: 1. 3. 4. Requests amendment of 1 968 CUP to acknowledge the following vehicular access rights, i.e. the rights to: a) maintain unbarricadcd access to Woodhill Avenue b) gate and maintain control of said entrance c) have access available at all times for Emergency Vehicles d) have access available from 7:00 am to 8:00 pm for Woodhill members and invited guests during days the Club is open (Tuesday thru Sunday, plus Monday public Holidays, closed in March) e) have access available for transporting tractors to Long Lake for repair 0 have access available for general access if Co. Rd. 1 5 access is temporarily blocked (subject to notification of City and neighbors) g) have access available per 1987 easement, which grants access to Lot 3, Block 1, Woodhill Ridge over Woodhill proijerty to Woodhill Avenue if County Road 1 S access is closed or otherwise denied 2. Requests City agreement that the above rights shall not be revocable, nor for a limited period, nor be subject to further review except as provided for in Orono Zoning Code Section 10.09 Subd. 11 . Requests that 1968 CUP be amended to include the following 'triggers' that will require further City review or further amendment of the Woodhill CUP: a) Conversion of Woodhill Avenue access into the main permanent Club access b) Use of Woodhill Avenue as an access for delivery, taxi, ser\ice or other commercial vehicles e) Use of Woodhill Avenue as a general public access d) Use of Woodhill Avenue access at times other than allowed in 1. above e) Expansion of Woodhill's driveway between the maintenance building and Woodhill Avenue f) Paving of the driveway abutting Woodhill Avenue g) Signage concerning Woodhill on Orono Orchard Road (identification or directional signage) Requests City confirmation by CUP amendment or Council Resolution thatWoodhill's right of access to Woodhill Avenue exists independent of any CUP process and is not revocable through CUP process in regards to: a) 1987 easement agreement; and b) In the event of permanent blockage of access to Co. Rd. 15 as a result of Co. Rd. 1 5 alteration/improvement or resulting from closure actions related to the railroad right-of-way. (Is this a conflict with request 3a above?) #2484 - Woodhill CC May 5,1999 Page 5 What Woodhill is implicitly not requesting. Staff assumes the following activities, uses or improvements, by omission, are implicitly not being requested: 1. Use of the Woodhill Avenue access for Club maintenance vehicles other than tractors. 2. Use of the Woodhill Avenue access by Club employees except in relation to tractor senicing. 3. (There may be additional activities, uses or improvements which should be noted here) Staff Review and Summary of Issues A. Pertinent Sections of City Code and Comprehensive Plan CUP for Country Club Use. Woodhill Countrj'Club is in Orono's RR-IB Single Family Rural Residential zoning district, the standards for which appear in Zoning Code Section 10.28. Section 10.28 references the R-IA district standards for conditional uses. Section 10.20 Subd. 3. The pertinent subsection which addresses country clubs as a conditional use, reads as follows: "Subd. 3. Conditional Uses. iVithin any R-IA One Family Residential District, no structure or land .shall be used for the following u.ses except by conditional use permit: ...C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools sers'ing more than one family, scout camps, YMCA camps. WC/I camps, church camps, or private non-profit parks, playgrounds and other similar uses. The principal structure for any of the above listed uses shall be 100' or more from any abutting lot in an "R" district, and accessory structures shall he a minimum offifty feet from any lot line." Tliis is identical to the language in effect at the time the 1968 CUP was applied for and issued. The City has historically required a new CUP for any new physical improvements (new buildings, extensive grading work, etc.) to an existing conditional use. The Cit>' has also required such a review when a new use or activity is proposed b>' an existing conditional use, and such review is especially appropriate in the context of the CUP process, when such use will have potential negative impacts on the surrounding neighborhood. Zoning Code Section 10.09, Subd.l, states in part that "...Conditional uses include 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 is empowered to grant or deny conditional use permits and to impose reasonable conditions on them. i #2484. Woodhill CC May 5, 1999 Page 6 With regards to the Woodhill 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 CUP (or an amendment of the existing CUP) for the following reasons: 1. The 1968 CUP was issued based on a given set of circumstances prevalent at that time. The conditions that applied when the 1968 CUP was granted have changed, i.e. there is now an adjacent neighborhood in whose creation the Club participated after the original CUP was granted, and which may be impacted by this change in use. 2. It can reasonably be argued that the 1968 CUP 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 secondar>' access to the Club for nearly tw'o decades or more, might be considered as a lapse in that specific aspect of the conditional use (if in fi>et the Woodhill Avenue access was even covered under the 1968 CUP) as contemplated in zoning code Section 10.09, Subd. 9. 3. The conditions that applied when the 1988 maintenance building CUP was granted have also changed. Tlie access was not proposed to be used at that time, yet neighborhood concerns were raised related to the location and use of the building even without use of the access. Additional concerns would likely have been raised if the road access had been proposed. 4. Tlie proposed use of Woodhill Avenue by a non-residential user raises concerns of health, safety and welfare that the City is responsibile for addressing, and which are properly raised within the format of a public review process when a conditional use is involved. Permit for Work in Public Right-of-Wav. The proposed driveway within the dedicated right-of-way of Woodhill Avenue is defined in the zoning code as a "Business Driveway Approach" (Chapter 6, Sec. 6.01 Subd. IE, F). A permit from the City is required for construction or reconstruction of this driveway approach per Sec. 6.05, Subd. 2. Such permits are administered by the Public Works Director, who has the authority to approve or deny such permits. Additional sections in Chapter 6 regulate and provide standards lor work and activities within the public right-of-way. : #2484 - Woodhill CC May 5,1999 Page 7 Driveway Standards. The proposed driveway is subject to the driveway standards of Municipal Code Section 6.05, Subdivision 10 "Business Driveways, Approaches and Turnarounds". Those standards which may be applicable to the current request include: Only one business driveway is allowed per development unless approved by City - Must be paved (bituminous) within the right-of-way - Driveway approach to be at least 100' from a comer in a residential district Must be 10’ from side lot line The proposed driveway is a second driveway to the Club. The proposed driveway is gravel, not paved. The standard for a driveway approach being 100’ from a comer has, at best, dubious applicability in this case due to the linear nature of the road and driveway layout. The proposed driveway is e.xactly 10’ from the lot line abutting the property to the immediate south, and more than 10’ from the property to the north. Land Alteration Permit. Land alteration in excess of that authorized by a driveway permit or when not authorized in conjunction with a building pemiit, requires, at a minimum, a staff administered land alteration permit per Section 10.03, Subd. 19-21. When the volume of land alteration exceeds 500 cubic yards, a Conditional Use Permit is required. Staff is authorized to refer land alteration permit requests to Council for volumes less than 500 c.y. if staff concludes the work may create negative impacts or be not in keeping with the goals and policies of the Comprehensive Plan. While from all information gathered to date it appear.^ the volume of grading in conjunction with this access work was significantly less than 500 c.y., the proposal does "potentially create negative impacts" in the opinion of staff, specificall) related to drainage, noise, odors, visual impacts and public safety, all of which should be reviewed by the Council given the neighborhood concerns. Conformity with Community Management Plan. The CMP encourages retention and continued operation of the private golf courses (Rural Park and Open Space Policy #8 on page CMP 8-12) because they provide aesthetic open space and natural vistas to the benefit of adjacent landowners and the general public. In regards to Rural Transportation Policies, the CMP in Policy ^1 on page CMP 7-13 states that "Driveway locations and rural street or private road intersections will be limited for traffic safety...", the intent being to consolidate access points onto major roads. Urban Land Use Policy #6 on page CMP 4-18. states that "Commercial 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 wh>' private golf courses are a conditional use ratlier than a permitted use. #2484 - Woodhill CC May 5,1999 Page 8 B. Past Use of Woodhill Avenue for Club Access 1968 CI JP. There is no question that Woodhill Avenue served as a secondary access to Woodhill Country Club for many decades prior to issuance of the 1968 CUP. The 1968 CUP was not detailed, however, and does not lead to any conclusions regarding the continuing use of, or level of use of, the Woodhill Avenue access. It was unquestioned in the 1968 CUP that County Road 15 was ihfi aceess to the Country Club. The 1968 CUP document identifies a request for a "Non-Conforming (sic) Use Permit for golf course", and its approval on 9-13-68 included the following minimal 'conditions' of use: "Approximately 150 acres in Orono. Club house and various buildings for entertainment. Private club." The sketch which accompanied the 1968 CUP request shows an access to County Road 15, depicts interior driveways and buildings, and shows a driveway leading to the edge of the map but not identified as a connection to Woodhill Avenue. 1980 Closure. The Club in 1980 closed off it's Woodhill Avenue driveway access to most vehicular traffic, and placed a new chain across the entrance w hich became accessible only if the chain was removed by the Club. The Club infonned the City in writing of its intent to voluntarily close the driveway, and stated that the Club reserved the right to use the entrance should it choose to do so in the future. 1987 Subdivision and Easement. In 1987 the Club, in conjunction with a private developer, subdivided the property south of Woodhill Avenue and created the 5-lot residential plat of Woodhill ^ idge. The subdivision resulted in the follow ing actions which arc pertinent to this review: 1.Created a new private road to serve Lots 1,2,4 and 5, extending southward from near the east end of existing Woodhill Avenue. 'y •Resulted in expansion of the dedicated right-of-way at the east end of Woodhill Avenue, apparently to incorporate the unused driveway leading from \\^o<idhill Avenue into the Club property, so that said driveway would be within a public right-of-way rather than within one of the private residential lots. 3.Resulted in upgrading of existing Woodhill Avenue from Orono Orchard Road to a point just past the intersection with the new private road serving Woodhill Ridge, ending approximately 65’ west of the Club’s pioperty boundaiy but apparently to provide a coimcction to the old chained-off driveway. #2484 - Woodhill CC May 5, 1999 Page 9 4.Resulted in the Club's granting an access easement in favor of Lot 3, Woodhill Ridge (the lot which is not served by the private road) over Club property to Woodhill Avenue in the event the Co. Rd. 15 access is blocked. 1988 Maintenance Building CUP. In 1988 Woodhill applied for and was issued variances and a CUP for a new maintenance building to be located approximately 160' east of the Woodhill Ridge subdivision, and adjacent to the old driveway connecting to Woodhill Avenue. A portion of the old driveway bed was filled near the northwest comer of the maintenance building, in conjunction with the site grading for that building. The CUP/variance resolution does not address future use of the driveway connection to Woodhill Avenue. The only reference in the Planning Commission and Council minutes as to use of the old driveway was a negative response from the Club's sur\'eyor to Jeanne Mabusth's question whether the Woodhill Avenue connection would have to be opened during maintenance building construction. During the 1988 review process the concerns of the neighborhood were addressed, resulting in a relocation of the original proposed building site (north side of old driveway, 50' from west lot line) to the final location 160 ’ from the west lot line and on the south side of the old driveway. This placed it approximately 350’ from the actual house sites of each of the two nearest residential lots, and allowed for the saving of several trees, a screening barrier to the surrounding residential properties. The review process also resulted in a CUP approval condition that future complaints from adjacent residents about increased noise from the maintenance operation would allow the City to re-open the CUP for further review. C. Why is a Secondary Access Needed? For Whom? When? The Club was advised to define the concerns that have resulted in this request. The Club addresses this topic on pages 6-8 of Exhibit I (PLEASE READ!). In brief, the following topics are addressed: Increased traffic volume and speed on Co. Rd. 15 Temporar)' problems during Co. Rd. 15 improvements construction Expected greater volumes and speeds on Co. Rd. 15 once the improvements are completed - Raised elevation of Co. Rd. 15 - Left turns difficult and dangerous for member access from west Potential to reduce access to 15, making 15 safer - No other access points available to Club without acquisition - Other potential access locations which might be acquired/deveioped would have greater impacts on other neighborhoods. ;1 #2484 . Woodhill CC May 5. 1999 Page 11 Drainage and Erosion Impacts Portions of the proposed gravel driveway have a relatively steep grade and therefore are subject to possible erosion. The easterly portion of the driveway, primarily that portion within the Club property, could be directed to drain to an existing depression north of the driveway. The existing drainage pattern generally is eastward toward Woodhill Avenue, discharging under the private portion of Woodhill Avenue through an existing culvert. The rates and volumes of stormwater runoff generated by this access driveway do not warrant a NURP pond nor other extensive stormwater management facilities. Improvements of the ditches adjacent to the driveway will be needed to ensure no stormwater impacts to the driving surface of Woodhill Avenue. A paved driveway W'ould be less susceptible to erosion and sedimentation. Because this is a business driveway, all portions of the driveway in the right-of-way are required to be paved with bituminous material per Section 6.05 Subd. I OB. It is staffs understanding that the Club has proposed a gravel driveway rather tlian pavement for a number of reasons, ineluding visual impact, traffic speed reduction, to create a public perception that it is a driveway rather than a road. etc. 1 lowever. paving would decrease the potential for sedimentation; would ne a quieter driving surface; and would result in avoiding the maintenance concerns of maintaining a clean transition area between the gravel and pa\ ed surfaces, i.c. avoiding loose gra\ el on the paved surface at an intersection, which can cause noise problems, loss of traction, etc. F. Other Potential Neighborhood Impacts I. Dust . The propo.sed gravel driveway will have a potential to create a dust problem during periods of dr> weather. Limiting the traffic speed to 10 mph as proposed will help to limit the dust to a great extent. Periodic watering or calcium chloride treatments could also be used. Any dust problem would be eliminated by paving the access driveway. 2. Noise. ITic additional traffic generated by this access wall have little noise impact on the neighK>rhcH>d. Tlie gravel surface w ill likely generate more tire noise than would a bituminous paved surface. Vegetation that had grown up in and around the old roadl>cd prior to its 1998 reconstruction may have provided some small degree of noise buffering to the neighborhood from the maintcnace facility. That buffer will no longer be in place; however, no homes appear to be directly alTected by this loss of vegetation. F #2484 WoodhillCC May 5, 1999 Page 12 3. Odors. The proposed low level of traffic and prohibition on service a id delivery vehicles will likely result in no significant odors generated due to this access. 4. Lights. There is currently no streetlight at the intersection of Woodhill Avenue and the Woodhill Ridge private road, and none is proposed. Headlights from vehicles entering and exiting at the new access will not shine directly at any neighboring homes. The proposed limitation on hours of access availability of 7:00 a.m. to 8:00 p.m., and the limited usage during months where darkness occurs earlier in the evening, will also result in minimal headlight impact in the neighborhood. Any existing or proposed lighting at cr near the maintenance building whose source may be more visible when the access is in place, would have to be redirected or shielded. 5. Visual Impacts. Opening of the access to Woodhill Avenue results in the loss of some vegetation w hich in the past acted to screen the maintenance building from users of Woodhill Avenue. The maintenance building will be somewhat more visible in the winter months with the road being open. The additional proposed traffic signage and the proposed level of traffic w ill result in minimal if any negative visual impact on the neighborhood. 6. Seeuritv. iTic Club does not propose to install a gaiehouse, but does propose to have a gate or chain that would have to be opened at 7 a.m. and closed at 8 p.m. The Club closed this access in 1980 due to security issues, i.e. unwanted traffic, etc. At least one neighborhood resident has expressed concerns regarding security. The lack of a gatehouse or other monitoring at this access location is a topic for further discussion. City Engineer’s Comments re: Proposed Driveway Design file comments of the City Lngineer appear in Exhibit W and are summarized as follow s: 1. Proposed drixeway slope in some locations is 14%, slightly exceeding recommended driveway maximum of 10%; private road maximum slope by code is 12%. 2. Erosion is a concern, needs erosion controls during/aftcr construction. Need vegetation established in ditches. Reeommending typical street section for a private road; if remaining as gravel surface, dust control measures may be needed. Drainage calculations acceptable. Could di\ ert mnoff from upper driveway to small existing pond north of dri\eway. Need a retaining wall design for area near N W comer of maintenance building. 3. 4. 5. #2484 WoodhillCC May 5,1999 Page 13 City Engineer's County Road 15 Traffic Study Bonestroo and Associates is nearing completion of a Traffic Management Study for the segment of eSAH 15 (Shoreline Drive) from CSAH 51 (North Shore Drive) to Femdale Road West. This study is for the purpose of analyzing; traffic movement and access from cross streets metliods to improve cast-west traffic movement that could provide some relief to Co. Rd. 1 5 the feasibility of providing a frontage road on the north side of 1 5 between Woodhill Road and Orono Orchard Road the feasibility of signalizing County 15 at North Sho»-e Drive and at Orono Orchard Road One of the conclusions of the draft study is that access to V'oodhill Country Club would be vastly improved with the provision of a traffic signal at Orono Orchard Road and the provision of a connection from Orono Orchard Road to the Club. Four concepts for making such a connection were reviewed: a. Frontage road north of railroad tracks, connecting Woodhill Road to Fox Street. Would allow closure of Russell Avenue and Woodhill Road accesses to 15. A successful solution if Orono Orchard /1 5 is signalized; but downsides arc high cost and wetland impacts. Connect from Woodhill Road to Dickenson Street. Likely high cost due to topography, plus necessary improvement to Dickenson Street. Requires signal at 1 5/Orono Orchard. Woodhill Road private road connection to Dickenson . This would ccnncci Dickenson directly to the east-west branch of Woodhill Road that serves a number of private homes. Requires signal at orono Orchard/1 5. Re-open Woodhill Avenue access to Club. This alternative would not allow closure of the existing accesses to 1 5, but may be least costly of alternatives. Would benefit by signal at Orono Orchard/15. This study also analyzes and recommends various improvements to Co. Rd. 1 5 that would assist in making 15 less hazardous. Please review the excerpts from this study, Exhibit X. b. c. d. Parsons-BrinckerhofT Traffic Study The traffic study submitted by Woodhill is briefly summarized as follows: 1.Traffic control improvements should be implemented including: a. 20-22 ’ gravel driveway east of existing pavement. b. A gate at west end of Club property to be closed when access not available. c. 10 mph speed limit along access driveway, both ways. d. "No Left Turn" sign for traffic exiting Club driveway onto Woodhill Ave. e. Westbound stop sign " " " " " " " " #2484 WoodhillCC May 5,1999 Page 14 3. 4. 5. 6. f. Eastbound stop sign on Woodhill Avenue at Woodhill Ridge road intersection. g. Stop sign for outbound traffic at north comer of Woodhill Avenue and Orono Orchard h. Painted bar line and painted lane dividing line at west end of Woodhill Avenue i. Vegetation clearing along east side of Orono Orchard Road south of Woodhill Ave. Proposed restrictions on use of Woodhill Avenue access driveway: a. Open only 7 a.m. - 8 p.m. b. No commercial, delivery, taxi or scr\ ice vehicles allowed c. Only members and invited guests may use access d. Emergency vehicle access allowed at all times e. Full general use allowed when Co. Rd. 15 access is blocked Traffic sources: a. 50% of current Woodhill Road trips arc staff / visitors / ser\ice vehicles which won't use Woodhill Avenue Less than 25% of members live west of Club 60 vehicles per day is estimated Club use of Woodhill Avenue access b. c. a. Woodhill Avenue capacity: Expected increase from 50-60 neighborhood vehicles per day to combined neighborhood / Club use of 100-120 vehicles per day is well within the defined capacity for this type/naturc of residential road b. Intersection capacities: a. Woodhill Ave at Woodhill Ridge: - Apparent proposed stop sign for outbound Woodhill Ridge traffic? - Level of Service "A" , i.e. no delays Woodhill Ave at Orono Orchard Rd: - No capacity constraints • No sight distance constraints - No added traffic to Orono Orchard Road Co. 15 at Orono Orchard: - Slight (30 vehicles per day) decrease in traffic and reduction in cross movements - Greater traffic safety Co. 15 at Woodhill Road: - Same comments as for Co. 15 at Orono Orchard c. d. Road design: a. 11% slope on gravel driveway is not a problem for tralfic movement ^ • 1 f ft ft ft % ft • ft ^ ^ » ft* # W / A f fb. c. d. Woodhill Avenue is wider than Woodhill Road Woodhill Avenue has sufficient capacity, better than Woodhill Road The Orono Orchard / Woodhill Ave intersection will have sufficient capeity and sight distance when the recommended signage, etc. are in place w #2484 WoodhillCC May 5,1999 Page 15 7.Alternate Solutions a. Police traffic personnel or a semaphore at Woodhill Road / Co. 15 are not feasible b. Turn lanes on 15 at Woodhill Road do not solve high speed, limited sight distance, or "critical gap" problems c. There are no other locations where the Club owns land that abuts a public street that could be used as an access. Neighborhood Comments The City has received letters from a number of property owners in the neighborhood. Those letters are included as Exhibits U. They include a petition opposing the Club's request. Please review these submittals. Malkcrson Letter and Benshoof Traffic Study Also included in tlic attaclimcnts arc a traffic study by Benshoof & Associates, Inc. and a letter from Bruce Malkerson on behalf certain homeowners in the neighborhood. Please review these documents included within Exhibits U. Issues for Discussion Council should consider the following questions in determining a course of action on the Woodhill request: 1.Hus Woodhill CC provided suflkicnt justification to warrant consideration of a second access to the property? 2.Has Woodhill CC adequately demonstrated that other secondar>' access options arc either not feasible or arc inferior to the proposed Woodhill avenue access? Do public health, safety and welfare concerns suggest that tlic benefits of allowing Woodhill CC an access to Woodhill Avenue outweigh the potential negative impacts to the neighborhood? Are the Club-propt>sed limitations on use of the access sulficent to alleviate most or all of the concerns expressed by the neighborhood? If not, what additional limitations should be attached to City appro% al of the access? #2484 WoodhillCC May 5,1999 Page 16 5. Does Council accept the Club's premise that the Club has access rights which should be formally and permanently acknowledged? Does Council accept the Club's request that once established formally, these access rights will not be subject to future review- except by neighborhood petition per the zoning code? Given the large size of the Club property, should some modifier be established so that factors other than "petition of 75% of all property owners w-ithin 1000' of the property" would trigger a future CUP review? 6. Does Council agree that Club rights regarding the 1987 easement for Lot 3 and regarding blockage or involuntary closure of theWoodhill Road access to 15, must be independent of any CUP process or review? 7. Does Council agree with the 7 "triggers" proposed by Woodhill CC that will require further City review or further amendment of the CUP? 8. Does Council agree with staff tliat this application does not and will not address the historical ongoing country' club use, but merely deals w-ith this secondary access issue? 9. Should the Club be required to pave the portion of the driveway within the right-of-way of Woodhill Avenue? Staff Recommendation Council must weigh the needs and the rights of botli the Club and the neighborhood, against tlic public health, safety and welfare concerns that surround this issue. In the event that Council determines that some limited use of the access is appropriate, staff w ould recommend, as a starting point, that the following minimum conditions be attached to such approval: 1 . If the Club's access to County Road 1 5 is closed for whatever reason for an extended period other than a short term emergency situation, the City must have the right to reconsider the Club's Woodhill Avenue access CUP to allow consideration of all alternatives for provision of proper and adequate access for the Club and other potential access users, and consideration of the impacts of those alternatives. 2. The City should establish triggers which will allow- review of the Woodhill Avenue access CUP, including but not limited to: - those proposed by the Club; - a review based on the amount of actual traffic using the access; a review after some given time period. If Council concludes that approval of the access is appropriate. Council should direct staff to draft a CUP approval resolution with appropriate findings and conditions, for consideration at the May 24 Council meeting. CITY OF ORONO y MINUTES OF THE SPECIAL CITY COUNCIL MEETING u TUESDAY, MAY 11,1999 ROLL CALL The Orono City Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, City Council Members Barbara Peterson. Charles Kelley, Bob Sansevere, and Richard Flint. Representing City Staff were City Attorney Tom Barrett. City Administrator Ron Moorse, Zoning Administrator Michael Gaffron, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recording Secretary Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA 1. Approve/Amend Flint moved, Kelley seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 6, Nays 0. ZONING ADMINISTRATOR’S REPORT 2. #2484 Woodhill Country Club, 200 Woodhill Road • Conditional Use Permit A. Presentation by Staff Mayor Jabbour noted that everyone in attendance at tonight's meeting will have an opportunity to speak, and requested that the people in attendance adhere to the agenda. (Council Member Kelley excused himself from the Council at 7:05 p.m.) Gaffron reviewed his May 5,1999 Zoning Administrator Report regarding an application by the Woodhill Country Club located at 200 Woodhill Road for an amendment to its 1968 conditional use permit to acknowledge certain basic rights of access to Woodhill Avenue and to impose certain new restrictions and conditions on Woodhill's access to Woodhill Avenue. This property is located in the RR-1B. Single Family Rural Residential, which permits golf courses, country clubs and tennis clubs as a conditional use within this district. Woodhill Country Club Is authorized to operate a golf course and related country club activities via a conditional use permit issued by the City Council in 1968. The Club has obtained a number of additional conditional use permits for various improvements since 1968. Gaffron remarked that Woodhill Country Club back in May. 1998. did some grading work within the Club property and within the dedicated right-of-way of Woodhill Avenue to reopen a driveway access from the Club property to Woodhill Avenue, which access had been closed by the Club since approximately 1980. The City stopped the work upon being advised by local residents that it had occurred, and Woodhill Country Club was advised that certain permits and approvals would have to ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OFNUYIl.WW be obtained by the Club in order to retain the work that had been completed and for the access to Woodhili 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 Woodhili's use of Woodhili Avenue without the proper conditional use review process. Woodhili refused to make such an application and in July of 1998, the Club filed a lawsuit against the City claiming that Woodhili has the right to open and use the Woodhili Avenue access without City approval. Gaffron stated Woodhili proposed a settlement procedure in which Woodhili would apply to the City for a conditional use permit to allow opening and use of the Woodhili access on a limited basis. Woodhili is requesting an amendment to their 1S5S conditional use permit to acknowledge the following vehicular access rights: 1, the right to maintain unbarricaded access to Woodhili 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 Woodhili 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 IS 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, Woodhili Ridge over Woodhili property to Woodhili Avenue if County Road 15 access is closed or otherwise denied. Woodhili 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, v/hich talks about a petition involving 75 percent of the adjacent property owners. Woodhili'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 Woodhili Avenue access into the main permanent Club access; 2, use of Woodhili Avenue as an access for delivery, taxi, service or other commercial vehicles; 3, use of Woodhili Avenue as a general public access; 4, use of Woodhili Avenue access at times other than allowed in #1 above; 5, expansion of Woodhili's driveway between the maintenance building and Woodhili Avenue; 6, paving of the driveway abutting Woodhili Avenue; and 7, signage, identification or directional signage, concerning Woodhili on Orono Orchard Road. Gaffron stated in addition Woodhili Country Club is requesting that the City confirms by conditional use permit amendment or by City Council resolution that Woodhili's right of access to Woodhili 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. CHy Staff Is assuming that use of the Woodhili 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 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 nave oeen issued oy tne 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, H 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 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 comer 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 white 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 secondary access to Woodhill Country Club for many decades prior to the issuance of the 1968 Page 3 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 conditional use permit. The 1968 conditions, use permit, however, did not specify whether Woodhill Avenue would continue to be used as a secondary access, and it was unquestioned that County Road 15 was to be the access to the Country Club. Gaffron commented that the 1968 conditional use pennit contains the following language: "Approximately 150 acres in Orono. Club house and various buildings for entertainment. Private club." In 1980, Woodhill Country Club closed off its Woodhill Avenue driveway access to most vehicular traffic and placed a chain across the entrance which became accessible only if the chain was removed by the Club. The Club informed the City in writing of its intent to voluntarily close the driveway, and stated that the Club reserved the right to use the entrance should it choose to do so in the future. in 1987, Woodhili Country Club, in conjunction with a private developer, subdivided the properly south of Woodhill Avenue and created the five lot residential plat of Woodhill Ridge. The subdivision resulted In the following actions which are pertinent to this review: 1, created a new private road to serve Lots 1,2,4, and 5, extending southward from near the east end of existing Woodhill Avenue; 2, resulted in expansion of the dedicated right-of-way at the east end of Woodhill Avenue, apparently to incorporate the unused driveway leading from Woodhill Avenue Into the Club property, so that said driveway would be within a public right-of-way rather than within one of the private residential lots; 3, resulted in upgrading of the existing Woodhill Avenue from Orono Orchard Road to a point just past the intersection with the new private road serving Woodhill Ridge, ending approximately 65 feet west of the Club's p.'operty boundary, but apparently to provide a connection to the old chained-off driveway; and 4, resulted in the City’s granting an access easement in favor of Lot 3. Woodhill Ridge over Club property to Woodhill Avenue in the event that County Road 15 access is blocked. In 1988, Woodhill Country Club applied for and was issued variances and a conditional use permit for a new maintenance building to be located approximately 160 feet east of the Woodhill Ridge subdivision and adjacent to the old driveway connecting to Woodhill Avenue. The only reference In the Planning Commission and Council minutes as to use of the old driveway was a negative response from the Club's surveyor to Zoning Administrator Mabusth's question whether the WoodhitI Avenue connection would have to be opened during maintenance building construction. Gaffron stated he will let Mr. McCarthy and the Club representatives address the reasons why a secondary access is needed, and the traffic impact to County Road 15 and the secondary access. City Staff has identified some potential drainage and grading issues, and portions of the proposed gravel driveway have a relatively steep grade and therefoie are subject to possible erosion. The rates and volumes of stormwater runoff generated by this access driveway do not warrant a storm drainage pond nor other extensive stormwater management facilities City Staff is recommending a paved driveway in that it would be less susceptible to erosion and sedimentation. City Code requires, since this is a business driveway, that all portions of the driveway in the right-of-way are required to be paved with bituminous material. Other potential neighborhood impacts identified by City Staff include dust from the proposed gravel driveway. A resolution to this problem may be to limit the traffic speed to ten mites per hour as proposed and periodic watering or calcium chloride treatments could also be utilized. Staff feels the additional traffic generated by this access will have little noise impact on the Page 4 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETLNG OF MAY 11,1999 neighborhood and would be reduced if the driveway was paved. Odors are a minor issue and should not pose any problem. There is no street lighting being proposed at this street intersection and headlights from vehicles entering and exiting at the new access will not shine directly at any neighboring homes. There also will be a minimal viciai impact to the neighborhood by opening this access. Gaffron commented that Woodhill Country Club does not propose to install a gatehouse, but the Club is proposing to have a gate or chain across the access that would be opened at 7:00 a.m. and closed at 8:00 p.m. The Club closed this access in 1980 due to security issues, and at least one neighborhood resident has expressed concerns regarding security. The City, independent of this proposal and this application, authorized a traffic management study for the segment of County Road 15 from North Shore Drive to Femdale Road West for the purpose of analyzing traffic movement and access from cross streets, to look at methods to improve east-west traffic movement that could provide some relief to County Road 15, to look at the feasibility of providing a frontage road on the north side of 15 between Woodhill Road and Orono Orchard Road, and to look at the feasibility of installing a stoplight at North Shore Drive and at Orono Orchard Road. One of the conclusions of the study was that access to Woodhill Country Club would be vastly improved with the provision of a traffic signal at Orono Orchard Road. Gaffron noted that the City has received numerous letters from the neighborhood residents regarding this application and that those have been included as an exhibit in the City Council's packet for their review. In addition, included is a traffic study by Benshoof & Associates on behalf of the neighborhood residents as well as a letter from Attorney Bruce Malkerson on behalf of certain homeowners in the neighborhood. Gaffron stated the City should consider whether Woodhill Country Club has provided sufficient justification to warrant consideration of a second access to the property and whether Woodhill Country Club has adequately demonstrated that other secondary access options are either not feasible or are inferior to the proposed Woodhill Avenue access. The members of the City Council should also consider whether the potential public health, safety and welfare concerns do not outweigh the benefits of allowing Woodhill Country Club an access to Woodhill Avenue. City Council should also address the other questions on pages 15 and 16 of the May 5. 1999 Zoning Administrator's report in reaching an opinion on whether an amendment to the conditional use permit should be approved. City Staff is recommending that if the City Council determines that some limited use of the access is appropriate, some minimum conditions be attached to such approval. First, if the Club's access to County Road 15 is closed for whatever reason for an extended period other than a short-term emergency situation, the City must have the right to reconsider the Club's Wcodhii: access conditional use permit to aiion coiisideration o' ail alternatives fer provision of proper and adequate access for the Club and other potential access users, and consideration of the impacts of those alternatives. Secondly, the City should establish triggers which will allow review of the Woodhill Avenue access conditional use permit, including but not limited to those proposed by the Club, a review based on the amount of actual traffic using the access, and a review after some given time period of the situation. Gaffron suggested that if the City Council concludes that approval of the access is appropriate. Council should direct City Slaff to draft a conditional use permit approval resolution with appropriate findings and conditions for consideration at the May 24Ih Council meeting. B. Council Questions of Staff Pages ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 There were no questions by the City Council Members of City Staff. C. Presentation by Applicants Edge Jackson, President of Woodhill Country Club, stated he is a resident of Orono and resides on Woodhill Road. Jackson commented that he has requested that the members of the Country Club refrain from contacting the City Council members regarding this application. Jackson stated due to safety concerns that the Club had regarding the use of County Road 15, the Club had decided to reopen the access to Woodhill Road, which the Club felt was within its legal rights. But the Club's position resuited, however, in lengthy and expensive litigation with the City. Woodhill Country Club subsequently drafted a settlement proposal, which was presented to the City, and the Country Club elected to apply for a conditional use permit to reopen the access. Jackson remarked that the Club's proposal to the City takes into account the various safety concerns that have arisen with the high traffic volume on County Road 15 and the dangerous left hand turns onto County Road 15 from Orono Orchard Road and into the Country Club. If access to Woodhill Road is granted, it is the Club's opinion that there will be a minimum impact to the traffic 'evels currentiy experienced on Woodhill Avenue. Given the new environment that now exists in that area, it is Woodhill Country Club's view that this proposal is the best solution for all parties involved as well as the general public that currently uses County Road 15. Jim McCarthy, Attorney-at-Law with Lindquist & Vennum, reviewed his May 11,1999 letter regarding Woodhill Country Club's application for amendment to the 19G8 conditional use permit. The Traffic Management Study by the City's engineering firm illustrates the dangerous traffic safety problem faced by Woodhill Country Club members and the general public on Highway 15 in front of Woodhiii Country Club and at Orono Orchard Road. The average daily traffic count in June of 1998, was approximately 22,000 vehicles, which is estimated to increase to 27,000 near Orono Orchard Road in future years. McCarthy stated Woodhill is requesting that access be granted off of Woodhill Avenue to Club members from 7:00 a.m. to 8:00 p.m., which will be secured at night by a security gate. Commercial traffic will not be allowed to access the Country Club through this road. The access is intended to help members to the west and north of the Club by providing an alternate traffic route. McCarthy remarked that the Zoning Administrator's report do not identify any significant safety issues with the Club's application related to traffic impacts on Woodhill Avenue; noting that the Club is wiiling to deal with any outstanding issues that stili remain. McCarthy noted that the residents in the neighborhood prefer that the road not be paved, which is aiso the desire of the County Club, but if the City requires a paved read, the Country Club is willing to abide by that condition. McCarthy commented that it is not the Club's intent to make this access look too desirable to avoid attracting higher levels of traffic than what i > desired. McCarthy stated that the road was not regraded but a new load of gravel was spread over the road, noting that the grade of the road has remained the same for approximately 100 years, but that the Country Club is willing to work with City Staff if need be to alter the grade jf the road. McCarthy remarked that Woodhill Country Club's existing conditional use permit does not have any review triggers or provisions for annual reviews, and it would be the Club's rec,uest that this issue be discussed in further detail, noting that the Club at this time would sironglv oppose that Page 6 [ ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 condition. Since approximately 1917, Woodhill Avenue has served as the secondary access to the country club. The primary traveled access is from Woodhill Road to County Road 15. From 1917 until 1980, Woodhill Avenue was used regularly by club members, guests, employees, and service and delivery vehicles. Since 1980, the Country Club has voluntarily limited access to pedestrians, bicyclists, and very limited vehicular traffic, and Indicated to the City In a letter written by the then president of Woodhill Country Club, that by taking that action the Club did not. in any way, want to limn its right to use the back entrance, should future circumstances warrant a change in the Club's decision. Woodhill maintains the position that use of this road has never iapsed and continues to be used today. McCarthy remarked that there is nothing in Orono’s City Codes that requires an access be utilized at a certain frequency in order to keep that access open. McCarthy commented that the traffic volumes on County Road 15 need to be addressed by the City, noting that this proposed access is beneficial but will not greatly reduce the traffc volumes currently experienced on that road. However, this secondary access to Woodhill will provide a safe route of travel for those members of the Club that live to the west and north and is consistent with the City of Orono’s Comprehensive Plan, One of the goals of the Comprehensive Plan is to provide for the safety of all Orono residents, and Woodhill Country Club feels this proposal meets that goal. McCarthy noted that the golf course is considered to be recreational and open space and not commercial, and Woodhill's proposal to the City maintains that the golf course is recreational and is compatible with the rest of the neighborhood. Regarding the impact to the neighborhood, McCarthy commented that the City Council should look at the whole picture, noting tnat this access is considered to be a secondary access by Woodhill and wiH have a minimal impact on the current traffic patterns already being experienced In the area. McCarthy stated that it is the opinion of the Country Club that Woodhill Avenue is the best road to accommodate this secondary access due to the wider street and better sight lines that exist. McCarthy remarked that if the City Council reads the Benshoof report, there are only three negative impacts that WoodhiH's proposal would create. First, the two residences located at the intersection of Orono Orchard Road and Woodhill Avenue have a limited impact from the restoration of the Woodhill Avenue access. The driveways for these two homes are located on Woodhill Avenue and their ability to use these driveways would be impacted by the motorists traveling to and from the Country Club. It would also be more difficult for them to walk or ride a bicycle along Woodhill Avenue. Secondly, the entrance from the Woodhill Ridge private road onto Woodhill Avenue does pose a significant traffic hazard due to extensive trees and brush that obstruct the sight distance. The owner of that property has agreed to trim or remove the bushes if iieeueu to impiuve the sight lines. Thirdly, the Benshoof report states that Woodhill Avenue is not wide enough to accommodate a motorist traveling In each direction plus a pedestrian or bicyclist traveling in one direction. McCarthy stated this road is 24 feet wide and is certainly capable of handling that traffic. McCarthy commented that Ed Axt of Parsons, Brinckerhoff is present tonight to answer any questions relating to their traffic study. Ed Axt. Senior Transportation Engineer with the firm of Parsons. Brinckerhoff, stated that Woodhill Country Club's cond<-ional use permit amendment proposal will have a minimal impact on Woodhill Page? ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 McCarthy replied that the Club Is not proposing that its emp'oyees utilize this access, noting that most ot its employees arrive at 6:00 a.m., before traffic becomes a problem on County Road 15. Jackson commented that the Club would like the hours of access to remain consistent *o avoid traffic traveling down that road when the access is not open and will eliminate any confusion that might be caused if the hours varied. Jackson stated that the Club is also not interested in installing a sign at Orono Orchard Road in an effort to keep this road low profile. E. Open Public Hearing i) Public Questions Bruce Malkerson, Attomey-at-Law, inquired what the actual acreage of the club is, noting that the application says 214 acres and the 1968 conditional t ;e permit lists 150 acres. McCarlhy stated that the 150 acres is what lies within the City of Orono and the rest is in Wayzata. McCarthy commented that he does not know what the history of the acreage has been over the years. Malkerson remarked that the traffic study presupposes that 30 trips in and 30 trips out will be made on this road. Malkerson inquired how that number will be controlled and monitored. Mayor Jabbour questioned on what basis that number was arrived at and whether that number is accurate. McCarlhy replied that the Club has set limits on the hours that the access will be opened and have estimated those numbers based on a review of the membership and where those members live. Malkerson Inquired why the Club was not willing to put a limit on the number of cars that would utilize this access. Malkerson suggested that routine traffic counts could be conducted as one possible means of monitoring the traffic flow in and out of this access. McCarthy stated that the engineer worked on averages and that the Club is not in a position to guarantee the number of trips. McCarthy commented that the Club has no reason to believe that those numbers are grossly inaccurate. Jane Delaney, 1350 Woodhill, inquired whether the Club determi.' od how many members out of the 400 families that belong to tne Club actually drive. McCarthy stated that some of the 400 familes are inactive. Traffic counts have shown that there Is approximately 500 trips daily to the Country Club. Shelly Storch, 1245 Woodhill Avenue, inquired v.hethei ;t would be possible to monitor the traffic on a Saturday. Ed Axt. Senior Traffic Engineer, staled that the City of Orono conducted two traffic counts in August, noting that on one of those days the Club was hosting a wedding reception, which elevated the traffic count by 150 cars in addition to the traffic normally experienced. The counts showed that approximately 500 cars per day. 250 in and 250 out, traveled to the Country Club. Axt stated that the City's numbers were then incorporated within their traffic study. Shelly Storch inquired whether the Country Club has any figures showing the number of people who drink alcohol at the Club and also drive. Page 9 ORONO CITY COUNCIL *. ’NUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 Jackson commented that Woodhill Country Club is a family club and only has a small bar. Jackson >1ated that their members normally do not gather at the bar and drink, and that the atmosphere of the club is more of a family gathering. Woodhill Country Club at this time does not have specific numbers regarding the number of members who orink. Jerry Storch, 1245 Woodhill Avenue, inquired whether the traffic count distinguished in any way the 25 percent of the membership that live to the west and north. McCarthy stated that the tralhc count was not broken out to reflect those numbers. ii) Public Comments Jane Delaney, 1315 Woodhill Avenue, commented that their petition is representative of 45 households that are in opposition to this application, noting that the only ones who were in support of the application were members of the Country Club. Delaney stated that the residents were questioning why public hearings were not held before this time regarding this proposal. Delaney also stated that she used to walk in the area where the secondary access is proposed and in her opinion that road is more of a footpath and has not been maintained. Delaney also expressed concern that her driveway is located by the access, which v«ll make it more difficult for her to exit her driveway due to the traffic going in and out of the Country Club. Brian Palmer, 1190 Lyman Avenue, spoke in favor of the application, noting that his family has used that secondary access when traveling on foot or bike for approximately 14 years. Palmer stated that the left-hand turn that is required off of Orono Orchard Road is dangerous and that this secondary access will provide a safer route of traffic to and from the Club for his I'amily. Palmer commented that people need to be responsible drivers and to watch out for pedestrians and other vehicles on the road, but that this proposal will help improve the present traffic condition on County Road 15. Charles Maile, 1260 Woodhill Avenue, expressed his thanks to the City Council and City Staff for all their hard work regarding this issue. Maile commented that in his opinion annual reviews of this situation should be required as part of the conditional use oermit due to the safety concerns that have been raised by the neighbors. Maile remarked that this access will increase traffic on Woodhill Avenue and would directly impact his family. Maile also raised concerns about the consumption of alcohol at the Country Club and the Woodhill Bam. noting that alcohol is being served within a short distance from his residence. Maile also commenteo that this application is proposing to put commercial and business traffic on a residential street, and encouraged the City Council to vote in opposition to this application. David Luther, 9900 Bren Road East, Minnetonka, stated they were in favor of this application, noting that they are the owners of the property located at 1250 Woodhill Avenue and would not be opposed to removing the vegetation and brush that exists on the corner if deemed necessary. Shelly Storch thanked the City Council members for all their efforts regarding this application, noting that she Is strongly opposed to approval of this application due to the safety and equity concerns that have been raised surrounding this issue. Storch stated that Woodhill Country Club is a business that sells liquor and their proposal will bring that traffic through their residential neighborhood. Storch remarked that the Country Club should choose between selling liquor and having this access through a residential neighborhood. Page 10 i (■ ORONO CITY COUNCIL MDS’UTES OF THE SPECIAL CITY COUNCIL MEETLNC OF MAY 11,1999 Storch remarked that this secondary access will not help eliminate the traffic problems currently being experienced on County Road 15 but will have a great impact on their neighborhood. Storch presented a picture of Woodhill Avenue at the section where it curves, noting that a puddle routinely forms at that location and becomes an ice slick in the winter which causes a safety concern. Storch stated that this secondary access was not brought up by Woodhill Country Club at the time this area was developed, noting that they may not have purchased this land if this access was being contemplated. Storch commented that she has not seen vehicles using this access in the past, noting that this area is overgrown. Storch further remarked that at the time Woodhill Country Club was constructing this access, they were informed that this would be a temporary access, noting that the City was not initially informed that the Country Club was going to reopen this access. Jerry Storch, 1245 Woodhill Avenue, commented that being a citizen of America, individual rights should be recognized and not pushed aside when those rights are being challenged by a business or corporation. Storch stated that the issue that the City Council should consider is whether this application is right or wrong, noting that the City currently does not allow other businesses to have a secondary backdoor entrance through a residential neighborhood. Storch stated he has a concern with the house that is located at the end of Woodhill Avenue, noting that this house has been sold approximately a year ago and remains vacant to this day. Storch remarked that the conditions that arc being requested are not very enforceable in his opinion and the Country Ciub should be required to install a card system to insure that only members of the Country Club utilize this access. Storch indicated that currently a semi-tractor truck makes deliveries to the Club on a regular basis, and requested that commercial traffic not be allowed to utilize this access. Storch commented that the main issue here is the number of cars that will be utilizing this access, noting that this proposal will not greatly reduce the number of cars on County Road 15 but will greatly impact traffic on Woodhill Avenue. Storch remarked that in his opinion he has a hard time believing that Woodhill Country Club will respect the neighborhood based on their previous attempts to construct the access without informing the City or the local residents. Storch indicated that it has been the neighbors' position that they will abide by the decision of the City Council, noting that they were not the initiators of this lawsuit against the City and have endured inflammatory remarks by people who support this application. Storch indicated that he hopes all parlies involved in this matter will be able to put those differences aside once this issue is resolved and become friends once again. Bruce Malkerson. Attorney-at-Law, reviewed his May 4.1999 letter regarding the application by Woodhill Country Club, noting that pages 12 and 13 outline the standards and reasons why this application does not meet the City's standards and should be denied. If access is granted, then access should be limited by installing a security gate which is locked at all times and can only be accessed by Club members. Further, the access should be limited as outlined on page 9, Items A, B, C, and D, and should be designated as one-way to permit traffic into the Club. Malkerson suggested that speed bumps also be installed along Woodhill Avenue to reduce the speed of the vehicles that will be traveling down that road as a result of the secondary access. Malkerson remarked that it is within the City's authority to deny this application, and commented that if access from County Road 15 is cut off, then that is a different situation and should be reviewed. Malkerson requested that some type of review system be incorporated into the conditional Page 11 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 use permit to guarantee some control by the City over this property. Malkerson thanked WoodhitI Country Club for electing to submit an application. F. Close Public Hearing The Public Hearing portion of this application was closed at 9:58 p.m. (Recess taken from 9:58 p.m. to 10:07 p.m.) G. Council Deliberation Mayor Jabbour thanked Woodhill Country Club for submitting an application for a conditional use permit, noting that the City was informed by the local residents that something was occurring in that area and the City had no information regarding what was happening. Jabbour noted that the members of the City Council have not taken any position on this issue other than requesting that an application for a conditional use permit be filed to allow the proper procedures to be followed. City Administrator Ron Moorse read a letter from William and Nadine McQuire of 315 Woodhill Road indicating their support for this application. Malkerson inquired since this let.er was read after the public hearing was closed, could the members of the public comment on its content. Mayor Jabbour indicated he would reopen the public hearing for the sole purpose of commenting on the letter that was read. (Public Hearing reopened at 10:12 p.m.) Jerry Storch stated he has difficulty with the letter because that house has been sitting vacant for approximately a year and it is a matter of speculation as to what is going on there. (Public Hearing closed at 10:13 p.m.) Mayor Jabbour stated that it is up to the City Council to determine whether this application is appropriate, and if approved, what conditions should be imposed on the conditional use permit. Peterson indicated that she was disappointed in the fact that this process has become so difficult, noting that this is a matter that has not been taken lightly. Peterson stated that in her view this secondary access should be allowed based on the information that has been provided and that Woodhill Country Club does have a legal right to have this secondary access. Peterson commented that she would like to see some conditions placed on the conditional use permit. Flint indicated that this has been a difficult situation, noting that it he lived in that neighborhood he also would not want the additional traffic on that road, but that Woodhill Country Club does have a legal right to that access and he would vote in favor of their use of the access. Flint commented that he would like to see some restrictions placed on the conditional use permit and would like to have this situation reviewed periodically by the City. Flint remarked that pemaps one-way traffic is the best answer to this issue, noting that adjustments can be made if it is deemed that there is a problem. Flint Indicated that he also is in favor of a stoplight at the intersection of Orono Orchard Road and Page 12 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 County Road 15 as a way to alleviate the tratnc concerns in that area. Sansevere indicated that he does not have the full history regarding this matter, but is looking at what is fair and equitable to all parties Involved. Sansevere commented that this access will not greatly reduce traffic on County Road IS. but will make travel safer for a percentage of the Club's members. Sansevere noted that the Club is not requesting full access and that some conditions are being proposed. Sansevere commented that he would like the Country Club to consider some type of card access system to restrict the use. Mayor Jabbour stated in his view Woodhill Country Club is entitled to use of this road, but that some restrictions need to be placed on the conditional use permit to allow the City to have some control over what occurs on this property. Jabbour commented that Woodhill is attempting to limit the number of people who can gain access through Woodhill Avenue by its proposal. Jackson commented that he understands what the members of the City Council are saying, noting that the Country Club's Board of Directors is in attendance at tonight's meeting to gain a better understanding of all the positions involved. Jackson indicated that he does not have the authority to make substantial changes to the proposal without r.rst holding a board meeting, but would like to be informed what the City Council is proposing as far as restrictions. Jackson remarked that Woodhill Country Club has come to the conclusion that this is the proper method for handling this issue. Mayor Jabbour stated that the City is not requesting that Woodhill Country Club settle this issue tonight but is attempting to come up with some conditions that should be placed on the conditional use permit that all parties can live with. Jabbour indicated that the City has issued numerous conditional use permits where the right to review the permit has been reserved by the City. Gaffron commented that the City does have the right to incorporate that condition into the conditional use permit. Mayor Jabbour commented that the City does need to protect the rights of its citizens as welt as the rights of the City. Sansevere suggested that this application be reviewed in approximately six months, noting that their busiest season will have ended. McCarthy commented that he does not feel this Issue should be reviewed every year, and suggested that the City wait until County Road 15 is completed before a review is conducted. Peterson commented that, under the Club's proposal, the residents of Woodhill Avenue would need to adjust their lifestyles during the majority of the daytime hours, noting that she would be in favor of limiting the number of hours that the access is open. Flint stated that if the Country Club has the right to dismiss its lawsuit without prejudice and bring it back before the Court if they feel that they are being treated inappropriately by the City. Malkerson inquired whether the people in opposition to this application will have an opportunity to speak to these different points if the Applicant is able to comment on them. Mayor Jabbour stated that they are not going to reopen the public hearing section of this meeting, but that the comments by the Applicant will be limited to questions thai the City Council may have regarding various items in their proposal. Mayor Jabbour commented that he would not be in favor of a card access system, noting that Page 13 r ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11,1999 they are expensive and experience mechanical problems. Jabbour stated that a one-way driveway is probably the best solution to limit the amount of traffic and to alleviate the safety concerns raised by having to make two left-hand turns. Jabbour remarked that this issue could perhaps be revisited in one to two years. Sansevere stated that he would like to see some type of guarantee that this road is only being accessed by Club members and not guests of a wedding party, for example, or othc' major social event that is held at the Club. McCarthy noted that the Club does not host very many weddings and that their proposal will not cause a major influx of people on this road. Mayor Jabbour noted that the original proposal from Woodhill Country Club did propose a one-way system. riint suggested that a coriceptua! motiori be made outlining the various conditions that the City is proposing to impose and then Woodhill Country Club will have an opportunity to review that motion before the next City Council meeting. Flint moved to conceptually approve Application #2484, Woodhill Country Club, 200 Woodhill Road, and to authorize City Staff to draft a resolution for City Council consideration at their May 24,1999 meeting, subject to the following items that are outlined in Bruce Malkerson's May 4,1999 letter to the City Council: Item 6, The Club shall install a gate across the road which shall be locked at all times (this is Club's request numbers 1 and 2 with a clarification), except when used as follows: A. Use of the road by emergency vehicles (police, fire, ambulance and utility). (This is Club's request number 3, page 1. B. Use of the road for transporting Club tractors to and from Long Lake for repair. (This is Club's request number 5, page 1). C.Use of the road for general access if Woodhill Road access to County Road 15 is temporarily blocked (subject to reasonable notification to the City and the affected neighbors), but only during the period of such temporary blockage. (This is Club's request number 6. page 1). D.Use of the road 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 IS access is blocked. (This is Club's request number 7, page 1). E. Usage of this access road is to be limited to the hours of 7:00 a.m., to 8:00 p.m. The above approved uses would be called "Basic Rights," a tenn used by the Club. The City would reserve the right to review the permit periodically to determine what problems there were in the prior years and the City would maintain a right to modify the permit or add conditions, as allowed by Section 10.09, Subdivision 6,B. On page 2 of the application, the Club stated the City can delete the following uses from the 1968 conditional use permit. The following uses however, are not part of the 1968 Page 14 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11.1999 conditional use permit. In any event the Club can alvrays apply for an amended conditional use permit in the future to include these ms the Club agrees should not be part of any conditional use permit at this time. 1. Conversion of the Woodhill Avenue access into the main entrance for woodniii on a permanent basis. 2. Woodhill Avenue as an entrance or exit by delivery, taxi, service, or other commercial vehicles. 3. Woodhill Avenue as an entrance or dxit by the general public. 4. Woodhill Avenue as an access at time periods other than those allowed in the Basic Rights defined above. 5. Expansion of Woodhill's west driveway between the maintenance building and Woodhill Avenue. 6. Bituminous paving of the driveway abutting Woodhill Avenue. 7. Signage concerning Woodhill on Orono Orchard Road. The right of access to the Woodhill property exists independent of any conditional use permit process under the terms of the Easement Agreement. If all access from Woodhill to County Road 15 is permanently blocked as a result of either Highway IS alteration or improvement or because of the railroad right-of-way, the Club must apply for a conditional use permit so the City can decide if such use is warranted and if so, what conditions must be imposed in order to protect the health, safety and welfare of the citizens in the area and the users of the roads. Item H: 1. Access on the Club’s driveway will be for members only, and only on the basis of one way, from west to east. 2. The City will monitor periodically and will have the right to modify if peak usage exceeds 100 trips per day. 3. The Club should install two-way stop signs at the intersection of Woodhill Avenue and Woodhill Ridge Road. 4. The Club will need to install speed bumps as determined by City Staff. 6. The access road should be bituminous within the public right-of-way. The City will review the permit after one year to determine what problems there were, and the City will maintain a right to modify the permit or impose additional cond' ms, as allowed by Section 10.09, Subd. 6, B. Second by Sansevere. Page IS J ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OFMAY11.1999 Malkerson commented that there is no way to prevent any person from utilizing this access when the road is opened, and recommended that a card system be required. Mayor Jabbour stated that he is not in favor of a card system due to malfunctions. Jabbour noted that the CHy will do periodic traffic counts and can review this conditional use permit if the trafric counts exceed the allowable limit. Malkerson stated he would like an opportunity to comment on these issues after the resolution is drafted. Mayor Jabbour commented this motion puts the burden on the Country Club not to encourage use of this road by all visitors to the Country Club. Mayor Jabbour noted that it is bad public policy to prohibit the general public from using a public road and that any member of the public should be entitled to traverse down Woodhill Avenue but not all members of the public should have the right to gain access to Woodhill Country Club. Malkerson inquired whether commercial trucks would be limited. Flint answered yes. VOTE ON ABOVE MOTION: Ayes: 4. Nays 0. CITY ADMINISTRATOR'S REPORT *(#3) Declaration of Excess/Surplus Property Flint moved, Kelley seconded, to declare Excess/Surplus Property: the wzte.'* p.^essure tank from the Highway 12 water plant, and three used police squads; #170 1993 Crown Victoria, #1751996 Crown Victoria, and #1761996 Crown Victoria. VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson moved, Sansevere seconded, to adjourn the meeting at 11:43 p.m. VOTE: Ayes 4, Nays 0. Page 16 ----- Malkerson Gilliland Martin llp ••• * ••»€«*«•• M • Suite i50 0 at &t Tower 901 Marquette Avenue Minneapolis , Minnesota 5 5R02-3209 Telephone ©i2-344«iiii Facsimile 6I2-344.|4I4 Bruce D Malkerson, Esq Direct Dial (612)344-1699 May 4, 1999 Mayor and City Council City of Orono P.O. Box 66 Crystal Bay. MK 55323-0066 Re: Woodhill Country Club -- Residents on Woodhill Avenue To be Heard on May 11.1999 Dear Mayor Jabbour and City Council: A. Introduction . I represent Shelly and Jerry Storch, Jane Delaney. Reed Larson, and Charles and Marla Maile. They are Orono residents who live on Woodhill Avenue who would be directly and adversely impacted by any temporary or permanent use of a proposed newly constructed access road by Woodhill Country' Club (the “Club") which exits upon the quiet, dead-end residential street that provides the only access to their homes. Tlie purpose of this letter is to provide an overview of the relevant facts and applicable law related to the issues presented by the Club's application for a conditional use permit for the proposed use of this proposed access road. Before proceeding, my clients asked that I thank you for having required last year that any proposal for access by the Club should be addressed in the context of an application by the Club for an amendment to the Club’s existing conditional use permit (issued in 1968). As we know, at the Council meeting on May 26.1998, Mr. Dayton, as President of the Club, slated that he could sec the direction that this matter was going and asked that the City Council take no further action. He stated that the Club would proceed to try other traffic control measures at the intersection of County Road 15 and Woodhill Road, which is the access to the Club, and return to the Council at a later date. The Mayor and City Council also stated that the Club could hire an off-duty police officer at the Orono rate for other cities, which is approximately $39 per hour. Mr. Dayton stated that 26025 Mayor and City Council May 4,1999 Page 2 the Club would proceed with the hiring of an off-duty policy officer during the rush hour period, if needed. 1 do not believe the Club ever did so. Instead, unfortunately, the Club chose to serve a Complaint and Petition for Alternative Writ of Mandamus against the City on July 1. 1998, and sought a Court decision that the Club need not obtain any permits of any kind from the City to build the access road and to use it as the Club deemed appropriate. Fortunately for my clients and many others who would be adversely affected if the Club prevailed, the City vigorously defended its right to require the Club to use the conditional use permit process to see if access of some type should be allowed. The Club has finally submitted an application while still claiming it has a right to do whatever it wan*.s as outlined in its allegations in the Complaint. It is unfortunate that this application must now be reviewed and acted upon while the litigation is still pending, albeit temporarily on hold by the Club. In most other cities. I would be afraid that in such a situation, the City would capitulate to the demands of a litigant in its subsequent deliberations. I have no such fear in this case. Additionally, since my clients have personal and business relationships with members of the Club, no one wants to be in this situation. I am sure all parties wish they could turn back the clock of time to a date before May 5. 1998 (when the Club built the access road) and start the process over in a different way. However, my clients have no choice now, as was the case last May, but to try to protect their children, themselves and the neighborhood from the proposed use of the quiet, narrow, poorly paved road serving their homes, by numerous vehicles coming to and from the Club. B. Preliminary Review of the Facts. 1 The Club was built in approximately 19.5 to 1917. 2. The main access to the Club was provided by a road (Woodhill Road ) constructed to County Road 15. j.That road has adequately ser\*ed the Club since then. 4. I do not know what the zoning was for the Club’s property at the time of construction. For now 1 will assume that there was no zoning ordinance then or that the zonina ordinance permitted construction of the Club. 5. At some point, a narrow dirt way was established by the Club which led to Woodhill Avenue. No one seems to know when it was first used by the Club or whether the necessary- zoning permits were obtained. The way was used rarely through the vears. 6. On May 23,1968 the Trustees of the Club indicated that the Club decided to bar 26025 i Mayor and City Council May 4. 1999 Page 3 vehicular access to its property from Woodhill Avenue (see Response No 17 by the Cit> to the Club’s Request for Admissions). The Club then applied for a conditional use permit on May 31 1968. On September 9, 1968, the Village of Orono approved a conditional use permit for non- conforming uses for 150 acres of the Club and the conditional use permit was issued on September 13, !968. The hand drawn map attached thereto does not show any proposed use of Woodhill Avenue. This lack of connection is confirmed by Response No. 15 by the City to the Club’s Request for Admissions. 7. Apparently at some point the zoning ordinance was amended to allow golf courses as a conditional use permit in this district. However, the Club has never applied for a conditional use permit for the entire 214 acre site, including use of any proposed access road to Woodhill Avenue. 8. The Club has from time to time applied for conditional use permits for specific new buildings and/or uses on the property which were processed as conditional use permits by the City. However, the Club has not sought a conditional use permit for the property as a wh.ole (214 acres) or for this proposed access road. The Club is now seeking a conditional use permit for the proposed access road to service the entire 2 14 acre site. 9. Prior to 1978 the Club had closed and not used the way mentioned above. In May. 1978. the Club opened the gate to that way and there were numerous problems in m\ clients’ neighborhood relating to speeding cars, noise and safety. The City Council review'cd the issues on November 14. 1978. The Club thereafter locked off the way from further vehicular use in the fall of 1978. In 1980, the Club decided to keep the way closed and it has been closed since 1980 other than possibly to drive a tractor down it in 1990 and again in 1997. so the tractor could be driven to Long Lake for repairs (see deposition of Richard Fredrickson, the golf course Club s superintendent from 1989 to the present). From 1980 until presently, the pathway wa.s used otherwise only for bicycles and pedestrians. 10. In 1988, the Club applied for and was granted a conditional use permit for a maintenance building on top of the hill overlooking Woodhill Avenue. At that time representatives of the Club represented to the City staff that the way to the west to Woodhill Avenue would not be opened. Jeanne Mebusth stated in her deposition on page 95; Part of my review would have to know if they ’re going to use Woodhill Avenue for access to that maintenance facility. That would be very crucial thing. They told me no. All access would come from the east from the existing road system they have. I said fine, Now I wanted to get into the temporary uses. So, was it going to be used during construction. No. 2602S i Mayor and City Council May 4,1999 Page 4 11. In early May, 1998. the Club expanded the way into a wider gravel road, removing numerous trees and vegetation and graveling the area. No pennits were sought by the Club prior to the work. The Club did not apply for a conditional use pemiit for the construction of the gravel road or a permit to extend the gravel road onto a public street. C. Discussion of Relevant Parts of the Club’s Application. The Club, in its application, provides its version of the history of the ownership of property, permits for the Club, special assessments, and historical use of the w ay to Woodhill Avenue. A review of the depositions in this case and the City's Responses to Request for Admissions and Answers to the Club’s Interrogatories shows that the City and Club do rot agree on the relevance and veracity of many of “facts” alleged by the Club in the application. The Club can debate what are the facts for some time. However, what is not debatable is that the Club must obtain a conditional use permit and other permits to construct and use a access road to Woodhill Avenue, for one of several different reasons: 1. The 1968 conditional use permit did not show a connection to W’oodhill Avenue and it did not indicate the public would be using Woodhill Avenue. 2. If it is found that the Club did obtain some sort of approval for access to Woodhill Avenue, the Club lost that use due to the non use of the way to Woodhill Avenue for at least the period from 1980 to the present (if not before 1980). The City Code states in Section 10.09: “Subd. 9. Conditional Uses: Lapse of Use. Should a conditional use permit lapse or cease for a period of six (6) months, future use shall be in conformance with the terms of the Zoning Chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war.” This purposeful lapse of use was repeatedly reinforced b\ the Club, including the representations made by the Club to Ms. .Mebusth in 1988 related to the conditional use for the maintenance building. 3. In any event, the proposal now by the Club for permanent vehicular use of this proposed access road for the entire Club area of 214 acres is a dramatic expansion over the very limited prior use and represents the very' reason why such uses need to be treated as conditional use permits. Instead of focusing on disputed history, the City correctly is focusing on the standards in its ordinances. There are two real but unspoken reasons for the Club’s desire to open the 26025 <0 I VI Mayor and City Council May 4.1999 Page 5 vehicular access to Woodhill Avenue for its members and guests. First, the Club belie\ es Woodhill Avenue would be more convenient for some of its members and guests. The members and guests may be able to save a minute or two during rush hour traffic times on County Road 15. However, convenience is not a test under the City's ordinances. Secondly, the Club by engaging in this access fight in Court has painted itself, it thinks, into a comer. If at some point the Club loses the access onto County Road 15. on a temporary or permanent basis, the Club wants to make sure that the Club’s actions now will not limit the possibility of the City ’s approving full vehicular access onto Woodhill Avenue in the future. The Club’s fears are unfounded since the City always retains the right to grant permission to access a public road under appiopriate conditions. Indeed, if the Club lost all access to County Road 15 at seme time in the future (which is highly unlikely), the City would want to provide a new replacement access to the Club Such a new replacement access may be legally retjuired. Howc\ er, that is not the issue before the City presently. To provide comfort to the Club, the City Council need only reserve the right to revisit the access to Woodhill Avenue in the future if conditions warrant it. D- The Standards for issuing a Conditional Use Permit. 1'hc approval of any application for a conditionai use permit or amendment thereto must meet the standards of the City Code. The Club has not and can not show that it meets the applicable tests TesLL "That the proposed location of the conditional use is in accord with the objectives in the Zoning Chapter and the purpose of the district in which the site is located and Comprehensive Municipal Plan ” Section 10.09. Subd. 6. A. I The Club and the area adjacent to Woodhill Avenue which will be impacted are zoned RR-1U. The objectives of the RR-1B /one are as follows: "Subd. I. Purpose. I he "RR-1B” One Family Rural Residential District is intended to piovidc a district which will allow a combination oflow density residential development and limited agricultural activity.” Although golf courses are a conditional use permit in this district, the use of a residential road such as Woodhill Avenue for commercial purposes as proposed by the Club obviously does not fit with low density residential uses or agricultural use. Any application for any after the fact pcnniis by the Club for permits to use this newly 26025 Ml r'r Mayor and City Council May 4, 1 999 Page 6 built access way needs also to be analyzed as it relates to the City ’s Comprehensive Plan. The City ’s 1980 Comprehensive Management Plan (CMP) Prohibits a Temporary or Permanent Commercial Access Road to Woodhill Avenue. 1. 2. 26025 i V-*# «• ^ The Woodhill Avenue area is in the rural residential area (see E.xhibit D). Page 2-7 states: Rural neighborhoods will be reserved for low-density residential uses No new' commercial ... activities will be permitted ... 3. Page 4-12 states a land use goal is: 4.to protect neighborhoods from encroacliment of incompatible land uses. 4. Page 4-20 states as to rural areas; Urban services are not compatibl '* ith rural land use. ... e.xtensive public road maintenance ... carmot be economically justified or easily provided Page 5-13 states: No new development will be permitted to conflict with or adversely affect the established neighborhood character. Page 7-2 states: ...a street system must be provided for safe access to ail developed properties with sufTicient capacity to accommodate the expected number of trips generated by the planned land use. 7. Page 7-16 states: Local streets are public streets that function to provide direct access to abutting properties. Local streets cany traffic within neighborhoods rather than through traffic between neighborhoods. 8. Page 7-17 states: • • r r *” * m Mayor and City Council May 4, 1999 Page 7 Private driveways shall be subject to access permits according to the classification of the abutting street. Ma.xinui:n service: 1 residence typical 9. Orono Orchard Road, which services Woodhill Avenue, is a scenic parkvvay Page 7-16 states: High volume through traffic and commercial traffic is not appropriate on scenic parkways ... Test 2 “That the propo.scd location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to tlie public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.” Section 10.09, Subd. 6, A. 2. The increased commercial traffic on Woodhill Avenue, a residential street, will obviously be detrimental to the public health, safety and welfare of those living in the area and their guests*, including but not limited to the five children living there. The enclosed report by Mr Benshoof. a traffic consultant, confirms that conclusion. Summary The above sections of the C.MP and City ordinance clearly do not support, and in fact oppose, any temporary or permanent use of Woodhill Avenue to provide access to the Club A recent change in state law makes it illegal for a city to grant any permits for a use tha is contrary to a city ’s comprehensive municipal plan. 1 understand the City Council last year denied an access to a residential street for another golf course for similar reasons. E. Other Applicable Citx’ Ordinances 1. The Club must also obtain a permit from the City before it can construct or LQCOMlnici any driveway, or any driveway approaches, or curb cuts (Section 6.05). To do so without a permit is a misdemeanor, 'fhe Club has proceeded to do so without such a permit. The ordinance provides that a permit may be issued if the resulting use w ould not impose an unreasonable hazard to the public and if the other requirements arc met. The Club is clearly a business. Section 6.05, Subd. lOA states: 2602 J e Mayor and City Council May 4,1999 Page 8 Only one business driveway shall be allowed per development unless a greater number of driveways are approved by the City, or approved as part of the site plan review. Paragraph D states: No portion of a driveway approach ... shall be constructed ... within 100 feet of a corner in a residential district. My clients believe that any temporaiy use or permanent use of Woodhill Avenue b\ commercial traffic liom the Club would create such a hazard and vvor.ld not comply with tlic above standards. I understand that the City of Orono issues a liquor license to the Club annually for activities at the "Bam". My clients ask that when the liquor license is up for renewal that the review of the license take into effect the vehicular access, if any is approved, to Woodhill Avenue. There may be other applicable ordinances of which we arc unaware. Th.e.pactual Reasons for Denving the Temporary or Pcrm.ricnt Use of Woodhill Avenue I. Woodhill Avenue is unlighted, narrow', poorly maintained, with blind intersections. It is not suitable for commercial traffic. There is no sidewalk or pedestrian walkway or bikeway. All pedestrians and bikes must use the street. 2. The use of the road by commercial tratfic will end.uiger the children, homeowners and their invitees in the area. 3 . I he commercial traillc will include some patrons of the Club who have been con.suming liquor before using the road 4. Any traffic in the evening will be more hazaidous because Woodhill Avenue is not lighted. 5. Orono Orchard Road, a scenic parkway, is not constructed or maintained to handle more commercial traffic. 2o02S • J ! k Mayor and City Council May 4,1999 Page 9 6. The intersection at Orono Orchard Road and Counn.' Road 1 5 is already• •> dangerous, and will become more dangerous with more traffic from the Club, because of the curve in the road to the west. limiting visibility. 7. The Club’s access onto County Road 15 is safer than the use of VVoodhill A\ enue and/or the intersection of Orono Orchard Road and County Road 15 because; A. The Club members are familiar with its use. B. County Road 15 at that location is straight and there is better visibility C. There are no children in the immediate area or homes facing upon that intersection. D. At County Road 15, there is an existing eastbound left turn lane into the Club and there will be westbound right turn lane into the Club. E. Woodhill Avenue is inadequate for such use for reasons discussed above. 8. Any perceived problem at County Road 15 for the Club members or others using County Road 15 can be addressed in several ways, including but not limited to: A. Moving the temporary' visual barriers; B. Lowering speed limit on County Road 15 during construction; C. Club's hiring of a flag person or off-duty policy officer during peak traffic hours, if ever needed; Members learning to access Club during non-rush hour. E. Adding cautionary signage. G. In the event the City Council derides to anprove the Vehicular Access then the Council should limit the Use as follows: The Club shall install a gate across the road which shall be locked at all times (this is Club’s request numbers 1 and 2 with a clarification), except when used as follows; A. Use of the road by emergency vehicles (police, fire, .ambulance and utility). (This is Club’s request number 3, page 1). 26025 I Mayor and City Council May 4.1999 Page 10 B. Use of the road for transporting Club tractors to and from Long Lake for repair. (This is Club's request number 5, page 1). C. Use of ihc road for general access if WoodhMl 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. (This is Club’s request number 6, page 1). D. Use of the road 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. (This is Club’s request number 7. page 1 ). The only request of the Club which must not be approved is number 4 that states: “Woodhill Avenue access shall be a.-ailable for entrance and e.sit by Woodhill members and invited guests between 7:00 a.m. and 8:00 p.m. during the days that Woodhill is open. The above approved uses would be called “Basic Rights.” a term u.sed by the Club. The City should limit the permit for one year to detennine what problems there were in the prior year and the City should maintain a right to revoke the permit or add conditions, as allowed by Section 10.09. Subd. 6. B. On page 2 of the application, tl.; Club stated the City can delete the follow ing uses from the 1968 conditional use permit. The following uses however, are not pan of the 1968 conditional use permit. In any event the Club can always apply for an amended conditional use permit in the future to include these items the Club agrees should not be pan of any conditional use permit at this time. 1 . Conversion of the Woodhill Avenue access into the main entrance for Woohill on a permanent basis. 2. Woodhill Avenue as an entrance or exit by delivery, taxi. ser\ ice. or other commercial vehicles. 3. Woodhill Avenue as an entrance or exit by the general public. 4. Woodhill Avenue as an access at lime periods other than those allowed in the Basic Rights defined above. :<>o:3 1 j I:- .1 li Mayor and City Courcil May 4,1999 Page 11 5. Expansion of Woodhill ’s west driveway between the maintenance building and Woodhill Avenue. 6. Bituminous paving of the driveway abutting WoodhiU Avenue 7. Signage concerning Woodhill on Orono Orchard Road. The Club fuither requests cither amendment to the 1968 conditional use permit or acknowledgment by resolution that the right of access to the Woodhill property exists independent of any conditional use permit process in the following two citcumstances: “1. Under the temis of the Easement Agreement." That agreement, and the duties of parties thereunder, speaks for itself and need not be part of any conditional use pcnnit at this time but since it benefits onlv one lot it has a minimum effect on safetv. “2.!f all access from Woodhill to County Road 15 is permanently blocked as a result of either Highway 15 alteration or improvement or because of the railroad right- of-way, the right of reasonable access to the Woodhill Property is required and is not subject to revocation through the conditional use permit process." If that situation ever develops, the Club must apply for a conditional use permit so the City can decide if such use is warranted and if so. what conditions must be imposed in order to protect the health, safety and welfare of the citizens in the area and the users of the roads Moreover, there may be other solutions to such a theoretical future problem as to access onto County Road 15. For example, if the railroad ever lawfiilly closes the access to County Road 15. the City could condemn the access as a public road to a point where the road enters upon the Club’s property. H. If the City decides that Ac. css should be allowed onto Woodhill Avenue now, in addition to the Access set foilh in Section G above, the City should require the followimt : I. Access on the Club’s driveway will be for members only, and only on the basis of one way, from west to east. The Club claims it needs access for the convenience of its members who live to the west and northwest of the Club. However those members who leave the Club on Woodhill Road at County Road 15 have an easy right turn on County Road 15. then an easy right turn on Orono Orchard Road, which then passes Woodhill Avenue. There is no need to use Woodhill Avenue. When those members approach from the northwest or west, without access to Woodhill Avenue, they take a left from Orono Orchard Road onto County Road 15 and then a left (on a left turn lane) into the Club. That is a ve'y good w’ay of access. However, if the 2602S - i Mayor and City Council May 4. 1999 Page 12 Council believes that those members need a more convenient access, then limit that access to a one way up the access road, since the exiting to the west from the Club on Woodhill Avenue at County Road 15 is an easy exit and there is no need to use Woodhill Avenue. 2. The gate at the access road should be a card access gate so only Club members can use it, and so the Club’s records of the use can show the extent of such a use and by whom, and the gate reduces speed. 3. The use should be limited to 20-30 car trips per weekday (Club’s estimate) and 50 car trips per weekend day (Club estimates 50-60). This is also the estimate provided by the Club’s traffic consultant and is the basis for the consultant ’s statement that such use would not be harmful. 4. The Club should install tltree way stop signs at the intersection of Woodhill Avenue where it extends to the south. 5. The Club should install three speed bumps along the Woodhill A\ enue. These are used effectively in Minneapolis in residential areas. Snow plows ha\ e no problems plowing over them. Posted speed signs are ineffective. 6. The access road should remain gravel to assist in slov. ing cars down. The City should limit the permit for one year to determine what problems there were in the prior years and the City should maintain a right to revoke the permit or impose additional conditions, as allowed by Section 10.09, Subd. 6, B. I. If the City decides to allow Access in both directions to a greater degree, then the Citv should do so only as follows : 1. Access only between 4:00 p.m. and 6:00 p.m. on weekdays in the summer since that is the rush hour time period on County Road 15. Few members access the Club during morning rush hour. Even in that situation, there is a left turn lane when heading east at the entrance to the Club at County Road 15, and there is little oncoming traffic from the east. “, . access from the east is always an easy right turn. 2. The gate at the access road should be a card access gate so only Club members can use it, and so the Club’s records of the use can show the extent of such a use and by whom. 3. The use should be limited to 30 cars per day (one trip in, one trip out per car = 60 trips). The Club’s traffic consultant assumed that is the maximum use. IS 26023 Mayor and City Council May 4. 1999 Page 13 4, The Club should install three way stop signs at the intersection of Woodhill Avenue where it extends to the south. 5. The Club should install three speed bumps along the Woodhill Avenue. These are used effectively in Minneapolis in residential areas. Snow plows have no problems plowing c' er them. Posted speed signs are ineffective. 6. The access road should remain gravel to assist in slowing cars down. The City should limit the permit for one year to determine what problems there were in the prior years and the City should maintain a right to revoke the permit or impo.se additional conditions, as allowed by Section 10.09. Subd. 6. B. Conclusion All parties should be afforded procedural due process by having enough time to analyze the issues presented. If the Club submits evidence other than in its application on file with the City, we ask the City Council to continue this matter until all of the new evidence can be analyzed and addressed. Only then should the City Council mal;e a decision. For example, the Club filed its application on April 21, but the Club did not file the traffic consultant's report until Monday, May 3, leaving City staff and my clients and their traffic consultant little time to review and respond to it. Thank you for this opportunity to comment on this very important issue. Please call me or my clients with any questions or if you need any additional information. If you can, please inspect Woodhill Avenue prior to the meeting. Very truly yours. Bruce D. Malkcrson Enclosures cc; Ronald Moorse. City A Iministrator Mike GaiTron Gary Cheswick, Chief of Police Tom Barrett, City Attorney Shelly and Jerry Storch (476-1273) Jane Delaney (473-4666) Reed Larson (473-1696) Charles and Marla Maile (475-1885) 26021 LINDQUIST & VENNUM p.l l.p *} . *--1 4200 IDS Cekter In Denver ‘ • 60 SCJ^HE ighthS'^REET LfROOUSI V ennu M&C hristensen Rw LP Minneapou S. Minnesota 55402-2205 600 1 7th Street . Su^E 2125 TE.EPHCPiE 612-371-3211 DENVER. COLORADO 60202-5401 FAX 612-371-3207 TELEPHONE 303-573-5900 A ttorneys A t Law iames P. McCarthy (612)371-3238 jmccanhy^ lifuJquist com April 16.1999 DELIVERY VIA MESSENGER Mr. Michael Gaffron Senior Planning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 WOODHILL COUNTRY CLUB Dear Mike: I am enclosing several items to supplement the Application of Woodhill Country Club to amend its 1968 Conditional Use Permit. Enclosed is a description of the amendment request and following surveys and maps: 1. 2. 3. 4. Surve ’ Df Woodhill Avenue access as of August. 1998 (three (3) large and fi. ;en (15) small copies); Maintenance Facility Plan, dated September 26. 1988, showing maintenance facility and surrounding road (three (3) large and fifteen (15) small copies); Survey of the north half of Section 2 showing entire Woodhill Country Club area prepared by Hennepin County General Services Department (three (3) large and fifteen (15) small copies); Section map of Woodhill Country Club area with drawing to show approximate location of internal driveways and buildings. The application and supplemental materials have been submitted, although I have not yet received a signed agreement with Cliff Greene concerning the agreed terms on which the trial was postponed. Cliff has. however, made a verbal assurance that the terms are acceptable. The application and supporting materials are submitted subject to the receipt of the signed agreement concerning the postponement of the trial in the lawsuit. Ooc(nil3200M Vj LINDQUIST & VENNUM p.l l p. Mr. Michael Gaffron April 16.1999 Page 2 If you should have any questions, please feel free to contact me at 371-3238. Very truly yours. LINDQUIST & VENNUM p.l.l.p.? 'James K McCarthy JPMc/klb Enclosures cc; Mark Albrecht Edge Jackson Larry Ackman 1 APPLICATION OF WOODHILL COUNTRY CLUB This application is submitted in an effort to resolve the lawsuit between Woodhill Country Club and the City of Orono. Woodhill has agreed to submit this request for an amendment to its 1968 Conditional Use Permit without prejudice to Woodhill ’s position in the pending lawsuit. Pursuant to this understrnding, Woodhill Country Club requests a reaffirmation of its 1968 Conditional Use Permit to use its property as a golf course and country club with a primary and secondary access to public streets. In a good faith attempt to resolve the current lawsuit, Woodhill will agree to and request that its 1968 CUP be amended (i) to acknowledge certain basic rights of access to Woodhill Avenue, and (ii) to impose certain new restrictions and conditions on Woodhill's access to Woodhill Avenue. REQUEST FOR AMENDMENT OF 1968 CUP Woodhill requests that its 1968 Conditional Use Permit be amended to acknowledge expressly Woodhill's following rights of vehicular access to Woodhill Avenue: 1. 2. 3. 4. 5. 6. 7. Woodhill can maintain an unbarricaded access to Woodhill Avenue. Wcodhill can gate and maintain control of the entrance to the Woodhill property at Woodhill Avenue. Woodhill Avenue access shall be available at all times to Emergency Vehicles (police, fire, ambulance, and utility). Woodhill Avenue access shall be available for entrance and exit by Woodhill members and invited guests between 7:00 a m. and 8:00 p.m. during the days that Woodhill is open. (Woodhill is closed during the month of March and on Mondays, unless Monday is a public holiday, in which case the club closes on Tuesday.) Woodhill Avenue access shall be available for transporting Woodhill tractors to and from Long Lake for repair. Woodhill Avenue access shall be available for general access if the Woodhill Road access to Country Road 15 is temporarily blocked (subject to reasonable notification to the City of Orono and affected neighbors). Woodhill Avenue shall be available for access under the terms of that certain Easement Agreement, dated October 5. 1987 between the City of Orono, Woodhill Country Club and MSM Associates (“Easement Agreement"). Consistent with the other rights under the 1968 CUP. the basic rights of access listed above shall not be either revocable, for a limited time or subject to further review for the purpose of change or revision except as permitted in Orono Code §10.09, subd. 11. Uoc* 11131021 i L As part of its agreement that the following types of access to Woodhill Avenue can be deleted from the 1968 CUP, Woodhill requests that Its 1968 CUP be amended to require further review by the City of Orono or further amendment of Woodhill’s conditional use permit in the following instances: 1. 2. 3. 4. 5. 6. 7. Conversion of the Woodhill Avenue access into the main entrance for Woodhill on a permanent basis. Woodhill Avenue as an entrance or exit by delivery, taxi, service or other commercial vehicles. Woodhill Avenue as an entrance or exit by the general public. Woodhill Avenue as an access at time periods other than those allowed in the Basic Rights defined above. Expansion of Woodhili's west driveway between the maintenance building and Woodhill Avenue. Bituminous paving of the driveway abutting Woodhill Avenue. Signage concerning Woodhill on Orono Orchard Road. Woodhill further requests either amendment to the 1968 CUP or acknowledgment by resolution that the right of access to the Woodhill property exists independent of any CUP process in the following two circumstances. 1. 2. Under the terms of the Easement Agreement. If all access from Woodhill to County Road 15 is permanently blocked as a result of either Highway 15 alteration or improvement or because of the railroad right-of-way, the right of reasonable access to the Woodhill Property is required and is not subject to revocation through the CUP process. DESCRIPTION OF DRIVEWAY. GATE AND SIGNAGE A gravel road bed from the end of the current bituminous paving on Woodhiil Avenue to the Woodhill maintenance building has been in existence for over 100 years. Between the Woodhill property line and the current asphalt, the road bed is approximately 60 feet long. The road bed has been refreshed with gravel and bladed with varying degrees of frequency over the past 100 years. Last May, Woodhill refreshed the entire west driveway and gravel portion of Woodhill Avenue with two to four inches of Class V gravel. The gravel was placed only on top of the pre-existing road bed. Two chain posts were removed and the road was cleared of vegetation and overhanging branches. Minimum sight lines were cleared. Woodhill did not change the grade level or location of the 100 year old gravel road bed. Doc<* 1113102'! The following safety measures have been, or will be, implemented: 1. Stop Sign - Westbound 2. 10 Mile-Per Hour Speed Limit • Signs In Both Directions 3. No Left-Turn Sign - Westbound Signs 4. Gravel Paving 5. New Gate 6. Sight Lines 7. Landscaping 8. Uniform Hours A stop sign is placed on the westbound lane at the point where the gravel portion of Wocdhill Avenue meets the bituminous portion of Woodhill Avenue. A no-left turn sign was placed to indicate no turns onto the private road of the Woodhill Ridge development. A 10 mile per hour speed limit sign will be posted in both directions. Woodhill believes that the reduced speed limit is an appropriate safety measure, as are the stop signs and no-left turn signs. Similarly, the gravel paving will also serve to slow traffic and to attract less use. The gravel will be maintained on a regular basis and will provide adequate road structure for the limited amount of traffic anticipated for this access point. This type of gravel paving has been utilized at this exact location for equal or greater levels of traffic for many decades. A new gate will be constructed for Woodhill Country Club. This gate will be located on the Woodhill property ten to fifteen feet east of the Woodhill property line. The gate will be dual swinging and will be locked in the center. The lock device can be utilized by emergency vehicles. Both the post and the gate will be ccnctructed of a sturdy material to provide adequate security. Covering materials for the gate will be chosen to blend in with the surroundings. Sight Line Cleaning and Landscaping will be undertaken as necessary, but not In a way to attract increased use of the back entrance. Since after-dark use is not contemplated, no additional lighting of the area is proposed. Woodhill proposes that the access be open during uniform daytime hours . Regular daytime hours will promote safety by creating uniform expectations for neighbors and members. Such hours will minimize turnarounds. They will not require neighbors or residents to consult watches and calendars when using Woodhill Avenue. If the City believes it desirable to have different or additional signage, different paving of Woodhill Avenue, or different paving of the west driveway between the Woodhill maintenance building and Woodhill Avenue. Woodhill is willing to discuss such alterations to the existing driveway and street. DucVIIIJIOM 3 ZONING STATUS Woodhill Property currently zoned an RR-1B and was formerly zoned R-1BB. Ever since the adoption of the current zoning district system in the City of Orono. golf courses and country clubs have been conditional uses in the RR-1B (formerly R-1BB) districts. On adoption of the new zoning system, Woodhill applied for and obtained a conditional use permit in 1968. The 1968 CUP is attached as Exhibit 1. The 1968 CUP Diaced no time period and imposed no conditions other than operation as a golf course and country club. All current and former city staff and the council member who moved the 1968 CUP agree that the Woodhill permit was for a permitted conditional use. not a non-conforming use. The CUP permit shows both the Woodhill Road access to County Road 15 and the west driveway access to Woodhill Road. (Robert Searles, the Orono council member who moved to grant the 1968 CUP, testified that he knew and used Woodhill Avenue, believed that Woodhill Avenue access to be part of Woodhill's CUP application and intended the CUP to allow unrestricted use of the Woodhill Avenue access.) The 1968 CUP to operate Woodhill Country Club as a golf course places no limitation on the use of the west access to Woodhill Avenue. The “use" authorized by the 1968 CUP - golf course and country club - has never Icpsed and the 1968 CUP remains in full force and effect. Various levels of pedestrian, bicycle, and vehicular traffic on Woodhill's primary and secondary access have not caused the 1968 CUP to lapse. Neither the 1968 CUP nor any Orono ordinance places any minimum level or frequency of pedestrian, bicycle, or vehicular traffic necessary to retain the right of access recognized in the 1968 CUP. Since 1968, Woodhill has obtained additional conditional use permits for the construction of three new structures (tennis courts, maintenance building, and a pump house) that were not shown or included on the 1968 CUP application (unlike the Woodhill Avenue access) and a land alteration permit in connection with wori^ on a driving range. The driveway on the Woodhill property that runs west from tne maintenance building to the western properly line of Woodhill Country Club is not a “private road" under the Orono ordinance. It is simply a driveway located on Woodhill ’s property. The driveway abuts a public street. DucftlUIOri WOODHiLL AVENUE: A PLATTED AND OPENED PUBLIC STREET FROM ORONO ORCHARD ROAD UP TO THE WOODHILL COUNTRY CLUB PROPERTY LINE. This street was initially platted and opened as a public street in 1887. The eastern 150 feet of Woodhill Avenue has always curved to the south outside of the 1887 platted right-of-way to avoid a steep hill. Although not in the 1887 plat, this portion of Woodhill Avenue has been a dedicated and open public street since it was dedicated by comrnon law by the prior owners of the property. John Pillsbury and Alfred Crosby. (Affidavit of John Pillsbury.) Once the street was dedicated and used, it became an opened public street that can be closed only by public vacation proceedings which have never occurred. To the contrary, in 1987, this common law dedication of the last 150 feet of Woodhill Avenue was incorporated into a formal plat, extending in a triangle line from the original 1887 plat up to the Woodhill Country Club property line. The City of Orono has a duty to maintain a platted and opened public street and abutting land owners have a property right of access. In 1988, Woodhill Avenue was widened and paved. The parcel of Woodhill Country . Club abutting Woodhill Avenue (PID No. 02-117-2312-0001) was specially assessed $9,464.70 by the City of Orono for the improvement and the bituminous paving of Woodhill Avenue. Since state law flatly prohibits Ihe imposition of special assessments on parcels of land that are not benefitted by improvements, the Woodhill property is deemed by law to be benefitted by the Woodhill Avenue paving. HISTORICAL USE OF WOODHILL AVENUE ACCESS For many years Woodhill Avenue, formerly "Hamlet Street," was the only public street access to the farm property now utilized by Woodhill (the original farmhouse and barns were located in the general vicinity of the current barn and maintenance building). Since approximately 1917, Woodhill Avenue has served as the secondary access to the country club. The primary traveled access is from Woodhill Road to County Road 15. From 1917 until 1980, Woodhill Avenue was used regularly by club members, guests, employees, and service and delivery vehicles. Over the years, Woodhill has had various types of gates on its west driveway, which have been opened and closed at various times. Since 1980. WCC has voluntarily limited access to pedestrians, bicyclists, and very limited vehicular traffic (maintenance staff and maintenance equipment). In 1980, a new chain was run between new concrete posts which were placed to allow vehicles to pass if the chain was removed. When Woodhill voluntarily imposed the limitations on vehicular traffic in 1980, the President of Woodhill wrote to the City of Orono as follows; l>(K« III.MOM As you know, by taking this action we do not , in any way. want to limit our right to use the back entrance, should future circumstances warrant a change in this decision, (emphasi. added) In 1987. the Orono City Administrator wrote to the Orono City Council staling: It is our present understanding that Woodhill could begin utilization of this access at any time they choose . Pedestrian and bicycle use has increased in the past years with the increased popularity of both bicycling and exercising. Since 1980. the driveway has been used only for the vehicles of the maintenance staff and certain maintenance equipment, when it is brought to Long Lake for repair. On at least two occasions since 1980, the Woodhill Avenue access was used as the general entrance to Woodhill because train derailment and track construction temporarily blocked any access to County Road 15. CURRENT AND FUTURE TRAFFIC AND SAFETY CONCERNS THAT REQUIRE FULL RESTORATION OF DUAL ACCESS TO WOODHILL COUNTRY CLUB Woodhill Country Club has had a dual access to its property since 1917. Woodhill Avenue has always been the secondary access, except on those occasions when County Road 15 access has been temporarily blocked. Since 1980, the traffic and safety concerns surrounding Woodhill Country Club has changed dramatically. Traffic on County Road 15 has increased greatly in both volume and speed. Daily traffic counts increased from approximately 5,000 cars per day to over 20,000 currently. The construction on Highway 15 last summer (1998) and this summer (1999) have raised special problems for use of Woodhill Road. Sight lines have been blocked and access has been very difficult. After construction is done, the improvements to County Road 15 will only foster increased traffic and increased speeds on the highway. The raised elevation of the highway has made the approach from Woodhill Road steeper and more difficult to traverse In winter conditions. Woodhill members who live to the west and north of the Club (e g. Lyman Avenue. Long Lake. Medina) currently drive down Orono Orchard Road, take a left on Highway 15 going east, and then another left, across oncoming cross-traffic to enter on Woodhill Road. These turns can be dangerous at any time of the day. They are particularly dangerous and difficult during heavy traffic periods. The turns pose dangers to children being transported to the club aii(t teenage and elderly member drivers. The turns are completely unnecessary if those members were able to utilize the Woodhill Avenue access to the country club. Any reduction of cross-traffic turns on Highway 15 will improve safety, not only for Woodhill families but also for all Orono citizens and for the general public traveling on Highway 15. IVv* 111 MOM There are no reasonable alternatives to addressing these safety concerns, other than through the long-used secondary access at Woodhill Avenue. The dangers associated with Highway 15 arise not just from the construction activity, but will continue after the road is improved. The improved road will attract more traffic which travels at a higher rate of speed. In terms of secondary access to a public street, Woodhill Avenue is the only available access. On the east, north, and south, the Club is land-locked by railroad tracks and highways. On the southwest and west sides, Woodhill Avenue is the only point where the Club owns property that abuts a public street. There is no other location that Woodhill could use without having to acquire propedy rights and build a road. In contrast. Woodhill Avenue is a century-old road that abuts the Woodhill property. Given the historical use of the road, Woodhill has a constitutionally protected property right of access to Woodhill Avenue. The driveway on the Woodhill property and the public street abutting the property can be used without any purchase of additional property. Woodhill Avenue also provides the shortest connection to any public street. Acquisition of property and construction of a new road through a different neighborhood would disrupt more homes and create greater construction problems than the removal of the chain on the century-old access at Woodhill Avenue. The membership size and activity level at Woodhill Country Club have not changed greatly since the issuance of the 1968 CUP. Family memberships are kept at 400. which was the approximate membership size in the 1960's. Many members do not actively use the club facilities. The popularity of golf has increased, however, there is a decrease in tennis activity. Horse-riding and skeet shooting have been eliminated at the club. Social activities remain approximately the same. Woodhill has fairly limited social use of the club facilities in comparison to other country clubs. For example, parties including non-member invited guests are currently scheduled on only 14 of the 153 days In the five-month period between May 1 and September 30.1999. Use of the Woodhill Avenue access will be made almost exclusively by those members whose homes are geographically located to the west and north of the club. With the westward expansion of the suburbs, moro members now live to the west and north of the Club than in previous decades. The maximum number of active members who live in this limited area would utilize it on any given day is unlikely to ever exceed 50. Most days, the number of active users is more limited Woodhill estimates that traffic will be in the range of 20 to 30 trips per day on weekdays, and possibly 60 on weekend days in the summer months of June and July. This number will be reduced in May, August, and September and will be greatly reduced during the periods of October through April. The Club is closed during the month of March. The restoration of dual access for vehicles to the Club will improve overall safety for Woodhill Country Club members, their guests, residents surrounding the Club, and the general public. Currently, all traffic from the country club (members, guests, employees, and service and delivery vehicles) is routed along Woodhill Road which Doc*m3102\I 7 also serves 11 families (compared to 6 homes on Woodhill Avenue). It will improve traffic safety for everyone on County Road 15. It will also greatly increase traffic safety for those members who live to the west and north of the Club. As discussed below, it will not create any substantial traffic impact on Woodhill Avenue. WOODHILL AVENUE CAN SAFELY HANDLE THE LIMITED TRAFFIC FROM WOODHILL COUNTRY CLUB The anticipated level of traffic on Woodhill Avenue will be less than the traffic during the many decades Woodhill Avenue was a gravel road. During those decades, there was no hour limitation and no limitation on commercial or delivery traffic. It was used by members, guests, and employee families who lived in two homes on the Woodhill property near Woodhill Avenue, and their guests, as well as by numerous delivery and service vehicles, including large oil delivery trucks, food trucks, and septic tank trucks. The conditions proposed in this application severely limit the scope of the access. The 22* wide bituminous paved Woodhill Avenue is more than adequate to handle an additional 20 to 60 trips per day. Woodhill Avenue is wider than and paved as well as Woodhill Road that currently carries all club vehicular traffic. The anticipated traffic from the country club on Woodhill Avenue is not appreciably greater than the traffic on Woodhill Avenue at the time the three houses with driveways directly onto Woodhill Avenue were built. Indeed, there was probably more traffic at that time from the bam. horse stable, skeet range, and employee houses. This is particularly true of the Wood ’s residence, which was built in the late 1950’s. The two residences located at the intersection of Orono Orchard Road and Woodhill Avenue have a limited impact from the restoration of the Woodhill Avenue access. Approximately the same number of cars would pass by these residences since the persons who will use the Woodhill Avenue access currently pass by those two houses on Orono Orchard Road to and from County Road 15. There are currently three homes located in the Woodhill Ridge development that have driveways that access the private road, which in turn intersects Woodhill Avenue. The distance from the garage of the cul-de-sac (Mailie residence) to the Woodhill Avenue intersection of the Woodhill property line is only slightly less than the distance from Orono Orchard Road to the Woodhill property line. Given the large lots and long driveways of the three homes in the Woodhill Ridge development, these houses will have no club traffic directly in front of their houses. Given the location, width, and length of their private road, there is more than adequate distance to enter and exit their driveways safely without encountering any traffic from Woodhill Country Club. The no ­ left turn sign currently placed on Woodhill Avenue and the natural flow to Orono Orchard Road should prevent any use of the private road by Woodhill members. DQC«III3t02M 8 Furthermore, Woodhill will provide periodic reminders to club members concerning the traffic rules and safety concerning the Woodhill Avenue access. The entrance from the Woodhill Ridge private road onto Woodhill Avenue does not pose any significant traffic hazard. The 10 mile per hour speed limit, gravel paving, and stop sign will slow and then stop all traffic exKing from the country club. These three homes would yield extremely limited number of trips per day from the private road onto Woodhill Avenue. If the Woodhill Ridge owners desire, the intersection could be turned into a three-way stop sign, although it is unclear that additional stop signs are desirable. Two neighbors have voiced concern about their school-age children. The large lot size, long driveways, and the long private road place an adequate distance between any Woodhill Country Club traffic and the children in the immediate vicinity of their homes. When children proceed down their driveways and private road to the intersection witf. the public street, the stop sign, reduced speed limit, and no-left turn provide greater protection than found in most intersections of driveways or private roads with public streets. While pedestrian or bicycle use by children of the public street will expose the children to a greater level of traffic on Wo(^hill Avenue than is present today, the level of traffic is substantially less than the level of traffic usually encountered on residential public streets in Orono and elsewhere. Traffic levels are not greater than the historical levels of Woodhill Avenue prior to the 1980 limitations on vehicular use of the access. While the anticipated levels are greater than they had been during the more recent years, the projected traffic level does not constitute a high level of traffic for a residential, public street. The opening of the access should have no effect on the level of traffic on Orono Orchard Road. Most of the anticipated usage the Woodhill Avenue access will have will come from members who would othenwise drive on Orono Orchard Road to and from County Road 15. Doc» III3I02M C * w- M%it ■%«rfii€ft#f^ir 510 First Aver^ue North Suite 550 Minneapolis, MN 55403 612 371-0443 Fdx 612-371-4410 April 30. 1999 f.; .V 1» 3 Mr James McCarthy Lindauist & Vennum 4200 IDS Center 80 South Fight Street Minneapolis. MN 55402-2205 V.»» fc i C • N... I . . Re Woodhill County Club Tratlic Access Dear Mr McCarthy. Parsons Brinckerholl. Inc is pleased to present a tralfic study examining the impact on trallic patterns and traffic safety by Woodhill County Club's proposal to restore reguia'’ vehicular access to Woodhill Avenue The information contained m the traffic study was cbtamed <rorr on- Site observations, the City of Orono. Hennepin County. Minnesota Department of Transportation. Woodhill s proposed amendments to its 1968 Conditional Use Permit. Woodhill's By-Laws. Coffin & Gronberg Inc engineering plan dated 4/23/99. and accepted principles of traffic engineering Our report provides a review and summary ol the • Existing Access Description and Issues • Woodhiil' s Proposed Use of ;ts Secondary Access to Woodhill Avenue Tralfic and Safety Impacts of Proposed CUP Amendmert SUMMARY OF CONCLUSIONS Woodhill County Club s CUP amendment proposal will have a minimal impact on Woodhill Avenue and fne Woodhill Ridge development it will improve safety for Woodhill families and overall improve traffic safety in Orono. on Woodhill Road. Woodhill Avenue. CR 15. and Orono Orchard Road EXISTING ACCESS DESCRIPTION AND ISSUES The Woodhill Country Club is served by two access penis The scutn access (Woodhill Road) IS the mam ent^nce to the c'ub The west access (Woodnili Avenue) has been a secondary access since the club was buiit in 1915-19" 7 A h story of the club s use is contained m Woodhill s CUP application The access has not been used for regu'ar vehicular traffic since 1980 Unlike most county clubs WooahiH has a very defined set of rules on membership sve and use of the club outside of family social occasions Family memberships have been limited to about 4(30 for decades, resulting m less daily activ ty and special socia' activities than most clubs As described m this section, the duo olaces s gi’uftcart constrair'its on members using the dub for any political or business entertainment purposes These limitations result in relatively lower levels of traffic m and out of the club O^raCentwyof Mn§Iueorli9$ MMOmlhneB m -3 Woodhill Road (isometrics Woodhill Road is a local residential roadway connecting Woodhill Country Club and CR 15 over a distance ol approximately 1200 feet Woodhill Road serves eleven lesidentidl homes and is the mam entrar>ce to the Woodhill Country Club The roadway is paved, curvilinear in nature wth a width varying from 18 4" t o 21 ' 6 " TraMic Volumes Woodhill Road traffic volume counts were taken by the City of Orono on Friday September 25th thmugh Sunday September 27"'. Tuesday September 29’"' thrc-gh Wednesday September ao'”, and Thursday October 1“ through Friday October 2''^, 1998 The traffic counts indicate an average weekday traffic volume of 20 to 40 vehicles per hour on the roadway During the weekend, traffic averages around 25 vehicles per hour The exceptions were a short spike on Thursday night when 160 vehicles used the roadway m one hour (6 00-7 00PM). and on Saturday night when 65 vehicles in one hour (7 30-8 30PM) useo the roadway This increase in traMic correlated to a wedding reception being held at the club We have been informed that tne club s 1999 social event calendar indicates this type of event will occur approximatelv 15 times between May 1 and September 30 The club s bylaws oiaco unusual limitations on usage for business and c vic purposes Business and political entertaining is prohibited and civic and r.on-prolit functions require executive committee approval Policy 01 . The Club prohibits the use ol its laciUhes lot commercial or political purposes. Policy 02 With prior approval ol the Executive Commi'tee. a civic or non-profit organization may on occasion use the Club laciiiiies lor social purposes if sponsored by a Family Member Even including these higher usage periods, average weekday traffic on Woodmil Road was approximately 400 vehicles, and average weekend traffic was approximately 500 vehicles This number will be greatly reduced during the wintei months of Ocicber through April, with the club being closed in March Intersection wth CR 15 Woodhill Road s intersection with CR ib is located on a generally level segment of CR 15 Hennepin County is in the process of upgrading CR 15 from a two-lane roadway to a two-lane roadway with a two way center left-turn lane and right-turning lanes at driveways and roadways In addition to the widening CR 15 iS being redesigned witfi sufier-eievation around the slight curve near Woodhill Road (source Hennepm County DRW) As a 'osult Woodhill Road IS be.ng raised by approx.mateiy one loot Because of tr c ad)acent c'ossmg of the railroad tracks, which fixes the roadway elevation, the comptnai on of widening ana raising CR 15 increases the slope ol Woodhill Road at its apprciach to CR t5 Tins creates the non-optimum situation where the vehicle must wait lor a gap m traf* c on the Ov0' a Canrury af Snfi.tai rtiif Sjraailatief iTC’f* *'W * ill® t-i.-arrj:—sr*. "1== --------------00 f 4 upgrade of a hill. The situation restricts the exiting vehicle's line ol sight due to the incline of the vehicle and may restrict acceleration during snow and ice conditions RmeigGncv Access lasues Woodhiii Road also serves as the only access point to the 11 residential homes and Woodhiil County Club for emergency vehicles This results m several safety problems unioue to Woodhiil Road • Woodhiil Road is crossed by railroad tracks which are occasionally blocked by slow- moving (10 mph) trains twice a day. eliminating any emergency response possibilities until the tram passes Trains using the railroad tracks have occasionally detailed and blocked access Any derailment can block access to the eleven homes and county ciub lor several days Emergency vehicle access to the Country Club could be cut off by an accident along Woodhiil Road The distance from CR 15 to the areas most likely to have a need lor emergency medical care or fire suppression would be difficult to reach effectively in a blocked conditmn While Woodhiil Road meets AASHTO A Policy on Geometric Design nl Higlmavs and S/reef minimum residential street guidelines ol 18 , the roadway s a dth (sections of 9 ‘ lane width) could block emergency vehicle access to the Counliy Club in a stalled vehicle situation, particularly in winter snow storage conditions Woodhiil County Club is served by Long l ake Fire Department and Ambulance, located nortt.west of the club at the intersection of TH 12 and Brown Road Emergency vehicles do not currently have any alternative access Woodhiil Awonuo Woodhiil Avenue has been a secondary access since the club was built m 1915 1917 Since 1980, the access has been used lor transportation of club ma ntenance equipment to long lake, but has not been used lor regular vehicular traliic Pedestrian and bicycle access has always been maintained GcQLWtncf Woodhiil Avenue ts approximately 075 feet m length and serves as a local public street to s<x residt'nces and the western access to the Woodh'li Country Club The roadway is generally level and straight in natu'o, with a si'ght bend in nghl-ot-way alignment approximately 200 feel (rom its eastern terminus at ir.e Woodnili County Club property line A private residential roadway to the south joms Woooi'i'l Avenue approximately 90 leel west of the Woodhiil property line For a ma;onty of ils length the roadw-ay traverses a wetland, and no driveways exist or are poss bio Woodhiil Avenue is approximately 24'9 " in w.dth throughout its length Near the intersection with Orono Orchard Road the roadway widens to 25' 2 ‘ beforr; lianng into the inleisection Woodhiil Avenue is 3 ' to 5' wider than Woodhiil Road (18 ’ 4 - 21 ■ 6 ") and approximately the same width as Orono Orchard Road (25 2 “) between CR 15 and Woodhiil Avenue Ciifra tjiiiu-i'y cf MKatUeiwv 3 ■::S Woodhill Avenue was substantially irnprovecJ in 1988 when the VVoodhill Ridge development was built Woodhill Avenue was widened <rom a '20 foot graded and 16 fool bituminous surface " (1987BonesUoo Rosene Report on Woodhill Avenue Street Improvement) to 25 ’ in width and an asphalt base Traffic Volumes Woodhill Avenue serves approximately 60 vehicles a oay (based on national averages of 10 trips/household) The City of Orono performed a traffic count on Decemoer 12 1998. indicating an ADT of n? vehicles, confirm ng the general traffic vo'umes on the roadway Hennepin County traffic mapping indicates Orono Orchard Road has a traffic volume of approximately 1800 vehicles a day Intersection with Orono Orchard Road The ‘T ■■ intersection is slop-sign controlled for Woodhill Avenue only The stop sign is located on the left side of the aporoach to enhance .ts visibility to approaching vehicles To conform to Manual on Uniform Traffic Control Device (MUTCD) guidel nes Woodhill' s CUP amendment recommends a second stop sign on the right s de of the roadway Orono Orchard Road is s ned for 30 mpfi and follows a generally curving alignment Orono Orchard Road is 25 2 " wide south of the intersection, widens to 'tO 3 ' north of the intersection, and located on a 66 foot of right-of-way To the north of the intersection there is a clear distance of approxiT.ately 400 feet and to the south there is a clear distance of approximately 200 feet The 200 feel can oe enhanced to 300 feel by removing live feet of overgrown vegotaticn in the puD'ic. right- of-way These J stances are wiltun the requ red stopping signi distance as contained m the Policy on Geometric Design of Highway end Street published by the American Association of State Highway and Transportation Officials for 30 mph and roadways with a 5% downgrade To produce conservative estimates, the calculated distances assum.e a wet roaoway surface arid a vehicle w.th worn tires Ttie stopping s ghl distance allows a vehicle on Orono Orchard Roao to slop pner to Woodhill Avenue Count if Road IS CR 15 serves as the area s primary esntWvest roadway and connects communities along the north shore of Lake tytmnetonka and further west to TH 12.1-394 and the Twm Cities to the east The speed nmit is 50 mph at Woodfuii Roao Geomet'ics The roaoway is presently under construction, and will be expanded from a two-iano roadway to a two-lane pius two way center turning lane roadway In the westbound d rection. right-tum lanes will be added at Woodhill Road Russel Avenue, and Orono Orchard Road Following construction, the roadway will be signed for 50 rripli at Woodhill Road and transition to 35 mph at Orono Orchard Road Traffic Volumes Average daily traffic volumes on CR 15 have increased from 13 000 vehicles in 1978 to approximately 21.000 vehicles in 1998. an increase of 60% in traffic over the last 20 years or a g'owth rate of approximately 3% a year C¥tr h Ctffitwry €>/ JSkecitcmsr ter Hrsfe- cr ; ira :.v7 Future tratfic volumes on CR 15 east of Orono Orchard Road are predicted in Hennepin County's long-range Transportation System P/an (TSP) to oe approximately 24,500 vehicles by the year 2010. and approximately 27,000 vehicles m the year 2020 The 20 year projection constitutes a 30% increase m traffic over existing volumes Using Mn/DOT State Aid Design Criteria guidelines, roadway between 15.000 to 30.0000 vehicles per day are typically built with four travel lanes To reflect the limited access nature of CR 15 east of Orono Orchard Road, and the environmental constraints, the roadway has been redesigneo as a smgie through lane m each direction, with a center lelt-turn lane, for a three lane cross-section Intersection with Orono Orchard Road The intersection of Orono Orchard Road is difficult 'or vehicles on Orono Orcha'd Roao and dangerous for through traffic on CR 15 because of (1) sight Imes. (2) speed of t'af'ic and (3) traffic volumes The intersection of Orono Orchard Road and County Road 15 has safety limitations because the sight distance between me norm on Orono Orchard Road and the west on County Highway 15 is reouced by me curve on County Roao 15 Hennepin County has recognized the situation py pianmng to sign CR 15 lor 35 mph in this area (source Hennepin County DPW) However, absent constant enforcement, traffic IS likely to exceed the limit based on the 50 mph limit between the 1-394 exit and Woodhill Avenue on the similar CR 15 roadway cross-section, ti e improved paving ol CR 15. and CR 15's proximity to a freeway exit ramp In addition to sight distance restrictions and traffic speed, the 60% increase in traff c along County Road 15 over the past 20 years has resulted in extensive delays for vehicles entering or exiting County Road 15 at Orono Orchard Road, and created a difficult left turn situation The increasing traffic following reconstruction ol CR 15 will tnc'ease veh c e oe'ay between Orono Orchard Road and CR 15 Levels of Service (LOS) fo^ Orono Orchard Road left-turning vehicles are presently at LOS F du'.ng the weekday AV and PM peak hour periods and summer weekends LOS F indicates there am insufficient gaps of suitable size to allow a side street maneuver to safely cross through the CR 15 traffic stream in this case. Orono Orchard Road tra'I'C on average waits over a mmute for a gap in CR 15 t'alfic to turn left As traff'C continues to increase, ano gaps in traffic decrease, drivers will tend to make crossing maneuvers of CR 15 that may com.prom se the "critical gap " safety amount, resulting m CR 15 traffic unexpectedly slowing down by applying their brakes and increasing the chances of accidents Unsignanzed intersection LOS grades are estaoi.shed oy Highway Capacity Manual. produced by the Nationaf Cooperative Highway Research Program and the Federal Highway Aamimstration Grades run Irom "A ” (little or no delay) to F" ( very long delays - demand exceeding capacity) Woodhill Country Club members who live W'est and nortn of the Country Club rmust now' use the Woodhill Road access Under the existing access structure, these members currently take Orono Orchard Road to County Road 15 They then make a left-hand turn on to County Road 15 and another left-hand turn from County Read 15 onto Woodhill Road In exiting the Club, they make a right-hand turn onto County Road i5 foliowed by another nght-hand turn onto Orono Orchard Road The approximately 30 turning maneuvers per day per direction at this intersection resulting from Woodhill members Ov*r k Ckiitury «*' Knaintmnp Mxcrtlknev : f I - ^ tWAUN .......... . rz:r irrx ii :=::s— S’-;. j:rxs '.Orr> •»?add to the dangers and increase delays, both for Woodhill members and for the general public driving on County Road 15 WOODHILL COUNTRY CLUB ’S CUP AMBNDMENT PROPOSAL In Its proposed amendment to its 1968 Conditional Use permit. Woodhill Country Club has proposed reestablishing regular vehicular traffic on its Woodhill Avenue access In connection with this proposal. Woodhill Country Club has proposed tne loi'owmg configuration: 1. A gravel driveway approximately 20-22 ‘ in width from its maintenance building to the existing bituminous pavement on Woodhill Avenue. A gate at the western edge of its property to be closed when access is not available A 10 mile per hour speed limit Signs in both directions A no left-turn sign at the intersection of Woodhill Avenue and the pr.vate road to the Woodhill Ridge development A stop sign for westbound traffic on Woodhill Avenue at the intersection of the Woodhill Ridge development A stop sign for eastbound traffic on Woodhill Avenue at the interseci.on of the Woodhill Ridge private road, with a stop ahead sign placed in advance lor eastbound Woodhill Avenue motorists 7. A stop sign on the north side of Woodhill Avenue at the intersection of Woodhill Avenue and Orono Orchard Road tor westbound motorists 0 A painted bar line on the western end of Woodhill Avenue to ndicate the slopping position at the intersection of Woodhill Avenue and Orono Orchard Road together with lane division lino 50' feet back from the bar line Woodhill proposes the following restrictions on the use of its Woodhill Avenue access 1 The hours ol access will be km ted to 7 a m to 8 p m on the days that Woodhill Country Club is open The Club is open 6 days a week being closed on fvionday (un.ess Monday s a hoi'day m wnicn case it is closed on Tuesday) It is closed dur ng tne month of Ma'cn 2 3 No commercial, delivery, taxi, or service vehic.es w U be permitted access Woodhill will permit use of the Wooohm Avenue access only to members and invited guests during the hours described aoove 4 5 Access by emergency vehic'es will be allowed at ail times General use of the access wiii be permitted f the access to County Road 15 IS temporarily blocked TRAFFIC AND SAFETY IMPACT OF PROPOSED CUP AMENDMENT Traffic Votumas Traffic counts were taken by the City of Orono on Woodhill Road m September and October of 1990 The counts indicated weekday volumes of no more than 400 vehicles, and weekend counts of no more than 500 vehicles t m Ctntvry ol 9ng:rffcrJny ^Keo*hsnoB iTumma •.A r:, n- r£ £Vs.sv .»».« , »lU Based on the existing roadway systeru, and the metropolitan area's population. CR 15 and Woodhili Road would be tne preferred access for a maionty of tne club ? members and visitors Under yvoodhill s proposed CUP anendment, all trucks, service, delivery, taxi and commercial vehicles will remain on Woodhiil Road The club estimates approximately half (50%) of the weekday and weekend vehicle trips are visitor, staff, or service trips that will not use the Woodhiil Avenue access Based on the club's membership list, no more than 25% of Woodhi'l membe's live west and north of the club and would possibly travel to and from home via the Woodh ii Avenue to access the club Of the 250 member related weekend trips, it is iherelore estimated that no more than 60 trips (i e 30 members per aay) would use the Woodniti Avenue access, with no access to Woodh'ii Avenue proposed alter 8PV1 Woodhiil A¥onU0 Romdwmy Capacity Woodhiil A. nue has sufficient roadway capacty to accommooaie ’he increased traffic It IS wider than Woodhiil Road that currently cames ar Woodhiil country Club trail.c and It IS the same paved width (24 +) as Orono Orchard Road mat carnes 1800 vehicles per day While't is not unusual lor two-iane roadways to carry 5 000 or more veh cies per day. residential streets typically are lower volume streets ana are ciassihed on me basis of their access ana daily traffic Historically. Woodhiil Avenue has served as a residential subcollector street serving both residential prooerlies and the club Average daily traffic capacity lor ttiese streets IS defined having 10(X) or less vehicles per day (source Residential Street 2"^ Ed. American Society of Civil Engineers and National Association ot Home Builders ) Presently. Woodhiil Avenue is serving as a residential access street, which, m the hierarchy of residential streets based on traffic volumes, are the lowest-o’der and carry 250 vehicles or less per day on pavement widths between 22 and 24 ' (source Residential Street 2^ Ed. American Society of Civil Engineers and National Association of Home Builders.) Woodhiil Avenue' s potential increase in traffic from 50-60 ven cles per day to approximately 100 to 120 vemcies per day is well within both the roadway s capacity and present classification based on iraff c volumes and roadway width Intarsaetion Capacity Four ’nierseclions will experience slight changes in traffic volumes as a result of the restoration o1 reguiar vehicular access to Wooahill Avenue The first IS the Woodhiil Avenue and Woodhiil Ridge private road intersection, which is presently under unsupervised control The three-iegged intersection is proposed for ati- way stop control to limit speeds and reflect the sight distances restrictions from Woodhiil Ridge Under stop control, the intersection will operate at a LOS A", indicating no vehicle delays or queuing at the intersection Uniform hours of access (7AM to 8PM) are proposed lor the Woodhili access The uniformity of hours will reduce the chances of members inadvertently trying to access the club while the access is closed and will create uniform expectation of usage by Woodhi'i Ridge and Woodhiil Avenue residents The second is at the Woodhiil Avenue and Orono Orchard Road intersection, where approximately 30 vehicles pe' aay will turn left from southpouna Orono Orchard Road and approximately 30 vehicles per day wilt turn right from westbound Woodhiil Avenue. ft •'y of gn§ltt4p0rin$ \ i;.-.lET- ■>: q With the proposed recommendation, no capacity or sight distance constraints were identilied at the intersection. There will be no increase of tratfic on Orono Orchard Road since the vehicles using the Woodhill Avenue access would normally travel Orono Orchard from OR 15 The third intersection is at CR 15 and Orono Orchard Road, which will experience a slight daily Decrease (approximately 30) in both southbound left turning movements and westbound right turning movements The reduction in cross-movements will ncrease safety for both CR lb and Orono Orchard Road vehicles There will be a slight decrease m traffic on Orono Orchard Road from CR 15 to Woodhnl Avenue it will a so greatly increase sa'ety lor Woodhil' members who currently are required to make left- turns onto CR 15 The fourth intersection is at CR 15 and Woodhill Road, where a similar reduction (30 trips per day) in both eastbound left-tuning movements across CR 15 and southbound right-turning movements onto CR 15 will occur The reduced conflicts will improve safety lor CR 15 vehicles, and significantly improve safety for Woodhill members who are currently required to make the turn on and off CR 15 (50 moh) Omommtrie Design Issues Wnndhill Country Club and Woodhill Avenue The design of the driveway on the Woodhill property and of Woodhill Avenue Irom trie Woodhill Country Club property line to the current asphalt pavement does not present any traffic safety or design problem The roadbed's the same g^ade and width as the road in place and used lor many decades The engineering drawing prepared by Coffin and Gronberg shows a gravel surface from the maintenance builoing to the properly line and from ttie property line to the existing asphalt on Woodhill Avenue Gradients on local streets should be less than 12 percent except in unusual conditions (source Residential Street Ed) The grade on the Woodhill Avenue public right of way from the stop sign tc the property line is approximately 3% The grade from the stop sign to 160 feet oast is approximately 5% On the Woodhill property between the maintenance building and the property lino, there is on 50-60 'oot section of the driveway that has an approximate 11-12% grade Given the posted speed limit (10 mph), gravel paving (wnich slows down traff'C) and approximate 160 foot distance from the western end of this driveway section to the stop sign, this grade section does not create any traffic safety concerns at the Woodhill Ridge private road intersection or on the driveway Woodhill Avenue As presented in the Comparison of Access tabfe below, the Country Club s Woodhill Avenue access provides a wider roadway surface, fewer driveway locations along its length, and connects witn a roadway with lower speeds and traffic volumes than toe present Woodhill Road Ovtra C4>ntufp of Knflno0rinf^ SACtllonvm 8 n I g:- -• t? :.-r= — Ily Comparison of Accoss Woodhill Road Woodnill Avenje Roadway Lenpth Roadway Width 2" Number of Private Driveways Existing Weekday and Weekend Traffic Connecting Roadway Name Speed Daily Traffic 1,200 feet 18 ' 4 ” to 2r 6 875 feet 24 • 9 • to 25 • 400 vehicles 500 vehicles 60 vehicles 60 vehicles CR 15 50mph 21.000 vehicles Orono Orchard Road 30 mph 1.800 vehicles All these factors indicate Woodhii; Avenue has snfliceni capacity and design geometries to salely accommodate the anticipated iralfic wiin me CLiP recommendations Orono Orchard Road and Woodhill Avenue As described pieviously. the propor"d intersection modifications (stop signs, stop line) can produce the necessary intersection definition to allow lor sullicicnt sight distance requirements and intersection capacity Allemalive Soldtions to Traffic anil Safety Problem The traffic design and safely problems created by the increased traffic volume and speeds on CR 15 and the safety concerns at the Orono Orchard Road and Woodhill Road intersections identified above can be improved by tne Woodhiii CuP amendment proposal The restoration of regular vehicular traffic (sub,ect to the restrictions contained in the proposal) on the dub s secondary access to Woodhill Avenue will improve the Ira'Iic situation for Woodhiil members who live west and north of ttie ciub and will improve conditions on CR 15 There is no better method of achieving this result The placement of policemen or traffic lights on CR 15 is not feas oie lor a vane’y of reasons Hennepin County would not real'siicaily allow traffic signals at CR 15 and Woodhill Road, due to the low traffic volumes on Woodh il Roao and delay added to CR 15 traffic Use of human personnel is not feasible on a long or short term oasis for the same reason as a t'affic light In addition the high speed of traffic on CH 15 creates safely concerns for both the individual controlling traffic and CR 15 vehicles subject to random periods of access control The turn lanes built into the new CR 15 design do not solve the high speeds, limited Sight distances, and ’critical gap " condition on CR 15 for the reasons discussed r 2v'--ss"r=Lir ' 'SC ^ C A.*f above While CR 15 is being improved, the " new " CR 15 will st:II present the serious problems for club members that can be easily resolved through restoration of tne secondary access Woodhili Country Club owns the property abutting Woodhill Avenue and has an exist ng driveway connected to Woodhill Avenue There is no other point on the Woodhili property where Woodhill owns property abutting a public street Nor is there any location where acquisition of property, even if possible, would result m a better locat on lor a secondary access point Woodhill is bounded by railroad rights of way and highways on the east, north and south Wetlands, existing homes and the golf course limit access points to the west Woodhill Avenue is the shortest length of road and is where the public road access has been located for over 100 years Neither Lyman/Smith Avenues nor Dickenson Street can serve as either realistic or preferable alternative routes CONCLUSION Implementation of Woodhill's CUP amendment proposa' would have a positive impact on traffic design and overall tratf'C safety m the Woodhili Avenue. Woodhili R.dge private Road. Woodhill Road. County Road 15. and Orono Orchard Road area The proposed use of Woodhili Avenue access would enhance traffic safety at Woodhill Road. County Road 15. ana Orono Orchard Road by reducing unnecessary and potentially dangerous traffic turns to and from County Road ''5 The proposal wouio enhance the safety of travel for the families who are members of the Club and live west and north of the Ciub. and the general public on CR "S At the same time the proposal is structured to have minimal impact on Woodhill Avenue and on the Woodhill Rioge private development The proposed type and volume of traffic is well below ihe t'affic capacity that Woodh;'! Avenue can safely accommodate On balance, the traffic impact on the City of Orono is favorable and will ncrease trailic safety m the City and will improve traffic flow The west access wnl also provide a needed alternative access for emergency venicles and will ennance overall saiciy lor families and club members m the area Please feel free to contact me at (612) 677-1205 to further discuss these or otner tratf c issues 'dated to the CUP amendment Sincerely, Parsons Brinckerhoff Quade & Douglas, Inc ^,|ilcc^ ill. Edward W Axt. Jr P E Senior Transportation Engineer Over o iuxeeiUnvt TO: FROM: Mayor Peterson and Council Members Ron Moorse, City Administrator DATE:June 3,2004 SUBJECT: Big Island Vets Camp Update The decision to close the Vets Camp and sell the property has raised both short term and long term issues for the City. The short term issue is preventing activities from occurring on the property that could have negative impacts on the property and on the lake. I have attached the letter sent to Jeff Olson, State Commissioner of Veterans Affairs, expressing the City ’s support for the Vets Camp, and expressing our concerns regarding the need to supervise the property to prevent vandalism and other problems. The long term issue is the preservation of as much of the natural character of the Vets Camp property as possible, and to limit the impact of the use of the property on the lake. There arc three general options for what might occur on the property. 1. Hie Vet's Camp is reopened, or a public entity purchases the property and operates it in a manner very similar to the Vets Camp. This option most closely matches the City ’s goal of preserving the natural character of the property and minimizing the impact on the lake. 2. A public entity acquires the property and operates it with active uses that attract large numbers of people. 3. A private party purchases the property and subdivides it into lots for seasonal residences. The construction of hou.scs on the property would have a substantial impact on the natural character of the land. The impact on the lake would depend on how each of the individual property owners uses the property. It is important that the City make its goals related to the property clear to public entities who may be potential purcliascrs of the property. The Council may also want to consider creating a new “institutional" zoning district that would include all land in the City that is currently in public ownership, llus would provide the City with an additional level of review authority, both in relation to the public use of the property , and when a parcel of public land is sold for private u.se. It is also important that the City clarify its pt^licy regarding the level of City services that will be provided to properties on Big Island, so that potential private purchasers arc clear about what their service expectations simuld lie. i O Oa \x *• > f ' 1 / CITYofORONO MunlcipuJ Offices Strtat Addrait: ?750 Kelley Parkway Orono, MN Sb356 May 5, 2004 Malllfli Address PO Boi 66 Crystal Bay. MN 55323 0066 Mr. Jef f Olson ('ominissioncr of Veterans’ Atlairs Velcran.s* Affairs nepartinent 2"*' Moor Veterans Services lUiiKling 20 West 1 2'*' Street St. Paul, MN 55155-2079 Oear ('oniinissionci ()lson The City «>f ()r<*no has recently been made aware of a substantial change in hmgstanding policy regarding the Hig Island Vets’ C'ainp We understand the decision was made that the ('amp will no longer be operated in the manner it has opcratal for the past three decades, and Uiat the Camp piopcrty is to be st»ld. Our understanding is that, in Uie interim period pri»ir to .selling the property, there is to be no stalling h>r properly maintenance and supervision. I he ('ily has lieen very supportive of the Vets’ Camp, and the opportunities it provides for Veterans We luivc also appreciated the work of your caretaker staff to maintain and super\ ise Ihe property. We are very concerned that, if the Camp continues to be usetl tiuring the intciim period without caietakei stall, theie will Ik* problems w ith maintenance of the piopeity. Also, without stall to .sii|HMvisr the property, tlieie will be a much greater potential for vandalism. N\'c have expeneiiced iiu rease.l vandalism, even on supeiA'i.sed hind. With the limited level of fire service available to the propeily, the luck ol pioperiy .sii|H*rvision could rc.sult in iiiaioi d.iiiiage li» Ihe properly. Trir|th«>M 24V-4MNI • hu t*52) i4$-4AlA www.r|,nrQnoJllll.ui I I 1 We want to facilitate your moving forward with your plans, but the transition needs to be much more gradual. It is very important that an adequate level of property maintenance/supervision staff be retained. We are available to meet to discuss our concerns, and how we can best support your transition process. Sincerely, Ronald J.«f^orse City Administrator I L TO:Mayor Peterson and Council Members FROM: DATE: Ron Moorsc, City Admiiiistraior jy/ /June 3, 2004 SUBJECT: Review of Re-guided Residential Areas Background At the May 18 work session, the Council discussed the two areas that were re-guided from 2-acre residential development to 2-4 units per acre residential development. These areas arc located at the southwest corner of Old Crystal Bay Road and Highway 12, and on the East side of Willow Drive, from the BNSF Railroad to Watertown Road. While some areas of consensus were reached, there arc a number of key areas that require additional discussion. Willow Drive Area At the worksession, the Council first focused on the small area behind the new Long Lake Fire Station off of Willow Drive. The general consensus of the Council was that this area could be developed at a fairly high density, but that the building(s) needed to be of a lower height—lower than 3-stories, preferably one-story. Old Crystal Bay Road Area The Council next focused on the Old Crystal Bay Road/Highway 12 area. There was a general consensus that development at a density of 4 units per acre would not enable the character of development envisioned by the Council for this area, particularly sub.stantial open space as viewed from Highway 12 and Old Crystal Bay Road, and the preservation of a substantial portion of the character of die Dumas Orchard. Traffic approaching this area from the west is pa.ssing open space. Lake Klassen and the Dumas Orchard. 'Hiis area is the first developed intersection. I hc School buildings are set back from Highway 12 behind the park-like setting of play fields and termis courts It was suggested that a substantial portion of this area become a park area to create a gathering place for the community, due to its close proximity to the Orono Schools campus —with such amenities as a band shell and a skating rink. It was also suggested that single-level townhomes at a density that enabled substantial open space directly adjacent to Highway 12 and Old Crystal Bay Road could be done in a way that creates the character envisioned by the Council, Kucs Foi DiM iission ilie key issue Ibr discussion is the Council's nsion for titc Old Crystal Bay RoadHighway 12 area. Questions from the work session related to the Council ’s vision for the area arc: Should a substantial portion of the area become a park? Is the density of 2-4 units per acre, for svluch the area is currently gtiided, too liigli? Hodi of these (|uestions relate luck to uliat the council's goals arc for the area. For example, how can iliis land i)csl serve llic needs ol llie eoinnmnity, i.e. provide a continuation oi (lie natural, open space clmracter ol tlie land to tlie west, provide <imenities to create a community gatlicring place, provide housing options not currently available in Orono? II there is to lx; residential development in tliis inea, what is the character oi'development envisioned-what arc the key characteristics of development envisioned for this area, i.e. open sp.'tce, preservation ol natunil I'ealures, limited building massing and height? NOTICE OF PUBLIC MEETING Notice is hereby given that the Orono City Council will meet in a work session at 5:30 p.m. on Tuesday, June 8,2004, in the Orono City Council Chambers, 2780 Kelley Parkway, Orono, Minnesota. The purpose of the meeting is to discuss a number of issues of current interest, including the following: The revised Police Reserve Program and Policies Drug Enforcement Joint Task Force Update Review of background information regarding the Woodhill Country Club application for an amendment to the C.U.P related to its use of Woodhill Avenue. Big Island Vets Camp Discussion regarding the areas that were re-guided for higher density residential development in the City's updated Comprehensive Plan Proposed amendment to the ordinance regarding the parking of oversized conunercial vehicles on residential property This meeting is open to the public i/. Lin Vee, City Clerk /J