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HomeMy WebLinkAboutResolution 4305 • � r' . �:,�, y�;A ; r ,� /� �11�' �� � � . ��b. - , . CITY of ORONO � ti RESOLUTION OF THE CITY COUNCIL , ti . . � � .��'9kE p4�'G . � �' � NO. � � o � . . � SII i i 2484res.7a � A RESOLU�ION GRANTII�1� A CONDI�'IONA]L USE PERNIIT TO WOODHILL COUNTRY CLUB � j FOR A I)12IVEWA�'ACC�SS �'O�VOODI�dLL AVENUE FILE#2484 � I , � ' i WHEREAS, the City of Orono(hereinafter"the City")is a municipal corporation organized '; and e�sting iander the laws of the State of Minnesota; and WHER�AS, 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 � � �VHEI�AS, Woodhill Country Club(hereinafter"applicant" or "the Club"), a Minnesota non-profit corporation,is owner of the properry addressed as 200 Woodhill Road,a portion of which is located within the City of Orono,such portion being legally described in Ex➢�ibit A attached and referred to hereinafter as "the Property"; and � WI�REAS,the applicant has made application to the City for an amendment of its 1968 conditional use permit(CUP)per Municipal Zoning Code Section 10.28 Subd. 3,to: a) acknowledge certain basic rights of access to Woodhill Avenue; and b) impose certain new restrictions and conditions on Woodhill's access to Woodhill Avenue; and � W�I�REA�, litigation concerning the access is�pending, and this�application has been tendered by the applicant in an effort to resolve the litigation; and ' WgIEREAS,on May 11, 1999 after due published and mailed notice,the City Council held a public hearing on this application and received information and comments from the applicant and applicant's consultants,from the City staff and the City's consultants,and from the public including residents and representatives of the Woodhill Avenue neighborhood. � Page 1 of 8 • . �f . � . � /� � O I • O O ��b. - C ITY of ORONO � � ti �'� G'ti . RESOLUTION OF THE CITY COUNCIL . �`9k'ESI��4�' . � � . . NO. � � O � . � 1e10W,�'�-IEREFO]lt�,BE I�'RESOLVED by the City Council of Orono, Minnesota: FINI)INGS 1. T'his application was reviewed as zoning file No. 2484. � 2. The property is located within the RR-1B Single Family Rural Resideritial Zoning District. � 3. Within the RR-1B zoning district, golf courses'and country clubs are a pernutted � use via conditional use permit (CUP). Woodhill Country Club operates under a CUP granted by the City on September 13, 1968. : 4. . The text of the 1968 CUP does not expressly address (either by way of limitation or authorization)the use or location of any driveway on or access to the Froperty. 5. Subsequent CUP approvals have been granted to Woodhill Country Club for construction of tennis courts in 1973,construction of a maintenance facility in 1988, � and construction of a pumphouse in 1998. 6. The western driveway of the Woodhill Country Club abuts the platted right-of-way . of Woodhill Avenue. 7. The Club's main entrance is on�Woodhill Road: Woodhill Road serves an existing neighborhood of eleven private homes. Traffic from Woodhill Road crosses the � railroad tracks and enters onto County Road 15. � 8. Development of the Woodhill Ridge subdivision occurred in the late 1980's and the Woodhill Avenue access was not used for regular vehicular use during or since that development occurred. 9. The traf£ic levels on County Road 15 make access to the Club difficult,particularly from the west and north,due to the need to make left turns across heavy traffic onto County Road 15 and from County Road 15 to Woodhill Road. � Page 2 of 8 . � �l � O� ' ' � O O � ��b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL . ��'9,kE Hp4Z�'G . . � NO. � � O '��e' � �. � � � S � 10. The Club wishes to use Woodhill Avenue as a secondary access for vehicular tr�c to the Properly. The use of Woodhill Avenue as an access for regular vehicular traffic to Woodhill Country Club will be a change from the tr�c 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 fmds that granting this Conditional Use Pernut 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 welfaze of the public, would not adversely affect light, air,nor pose other dangers to neighboring properties, nor will it be materially injurious to property or improvements in the vicinity and that the . proposed location of the use of the access will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONI)ITIOI�TS 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: l. The right of the Club to the reasonable use of the Woodhill Avenue access is hereby acknowledged and granted, subject to the the right and authority of the City to place restrictions on the use of the access as necessary to protect the public health, safety and welfare,and subject to the conditions of this permit. The City does not reserve the right to • completely close the Woodhill Avenue access under the C�JP process. Page 3 of 8 � �J O� � i � � ��e - CITY of ORONO � � ti �,� t,'� RESOLUTION OF THE CITY COUNCIL �9kESH04��' _ � � � NO. 4 3 � 5 � � : � � � 2. The Club shall pave the road(to be hereinafter referred to as "the Woodhill Avenue access") � within the dedicated right-of-way of Woodhill Avenue extending from the easterly end of , the currently paved portion of Woodhill Avenue,to the easterly end of the dedicated right=of- � way. The Club may improve the gravel driveway within the Property to connect the Club's interior driveway system to the Woodhill Avenue access. An after-the-fact staff-administered � land alteration pernut as well as an after-the-fact permit from the Public Services.Director i for work within the right-of-way sha11 be issued with the CUP for such work, prior to i recomxnencement of construction on the Woodhill Avenue access. i 3. The Club shall install a gate across its private driveway within 30 feet of the western . boundary of the Property, which gate shall be locked at all times except when used • as follows: � � � �. A. Use of the Woodhill Avenue access by emergency vehicles (police, fire, ambulance and utility). B. Use of the Woodhill Avenue access for transporting Club tractors to and from Long Lake for repair. C. Use of the Woodhill Avenue access for general access to the Property if the Woodhill Road access to County Road 15 is temporarily blocked (subject to reasonable notification to the City and affected neighbors),but only during the period of such temporary blockage. . . � .D. Use of the Woodhill Avenue access under the terms of that certain Easement Agreement, dated October 5, 1987 between the City, the Club, and MSM, which benefits one residential lot if County Road 15 access is blocked. E. Use of the Woodhill Avenue access as an entrance only(i.e. one way, from west to ' east) for private passenger vehicles between the hours of 7:00 a.m. and 8:00 p.m. during those days that the Club is open. � . Page 4 of 8 . r, ' �� � O ' Y . o O ��e. - . C ITY of ORONO � F �'� G'� RESOLUTION OF THE CITY COUNCIL � � �`4kESH�4�' . � � NO. . � � � � �� . � � � . � 4. The following uses are not approved at this time, and would require further review and an amendment to this CUP: A. Conversion of the Woodhill Avenue access into the main entrance to the Club on a permanent basis. � . B. The authorized use of the Woodhill Avenue access as an entrance or exit' by delivery,taxi, service, or other commercial vehicles. . C. Use of the Woodhill Avenue access as an entrance or exit by the general public. D. Use of the Woodhill Avenue access at time periods other than as provided for in Conditiori 3 above. ' �� � E. � Expansion of the Club's westerly interior driveway between the maintenance building � and the Woodhill Avenue access. F. Placement on Orono Orchard Road of any identification or directional signage concerning the Club. � 5. City staff shall monitor use of the Woodhill Avenue access during its first season of operation and shall report to the Council any problems or concerns that are encountered. The City may periodically meter the amount of tr�c using the Woodhill Avenue access. 6. In addition to the review provided for in Orono Zoning Code Section 10.09, Subdivision 11, � . the Council reserves the right, subject to Condition 1,to review and amend the terms and . conditions of this permit pursuant to Section 10.09, Subdivision 6B. The City may review . and amend the conditions of this CUP after the first golf season of operation under this CUP, or if the peak daily tr�c count exceeds 100 trips per day at any time. The City will nof review or amend the basic right of access as set forth in Condition 1 of this Conditional Use Pernut. ' 7. The Club shall make or be responsible for the following improvements in conjunction with its construction of the Woodhill Avenue access, and these improvements shall be completed before the access is opened: � � � - Page 5 of 8 � rJ /� �11�' � • � � �6. - CITY of ORONO � � � � ,� G'� RESOLUTION OF THE CITY COUNCIL . � ��kESS��� . . � NO. . '� � O � _ � � . 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 properry line. � C. Installation of westbound"Do Not Enter" signage at the Club's interior driveway near the maintenance building, and at a location on Woodhill Avenue approximately 20 � feet west of the Club's west property line. � D. Installation of at least two sets of speed bumps along Woodhill Avenue at locations • approved by the City Engineer. � � � . E. Paving of the Woodhill Avenue access from the eastern end of the currently paved roadway to the Club property line. ' F. Removal of vegeta.tion 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 conshuction per Coffin & Gronberg engineering plan dated Apri123, 1999 subject to provision of any other information � requested by the City Engineer per his letter dated Apri130, 1999. � . 8. If all access from the Club to County Road 15 is permanently blocked as a result of either County Road 15 alteration or improvement, or as a result of closure of the Woodhill Road access by the owner of the railroad right-of-way, the City recognizes the Club's right of reasonable access,but reserves the right and authority to determine via the conditional use permit process whether such permanent access should be provided by allowing a full access to Woodhill Avenue, or via some other method or location, and what conditions must be imposed on that access to protect the health,safety and welfare of all citizens in the area and � the users of the roads, including Woodhill members, guests and employees. � , - Page 6 of 8 . rJ � � � • O O ��e. - CITY of ORONO � � � �,'� RESOWTION OF THE CITY COUNCIL � � ��kESH�4�' : . . � � . � NO. � � o �� �' . � � . i I 9. Authorities granted by this conditional use permit run with the property not with the ' applicant. � � 10. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation�of the Zoning Code per Section 10.09, Subdivision 12 and Section � 10.99, and may terminate any authority granted herein, after review by the Council. � � I 11. The undersigned applicant has read and understood the terms of this resolution, hereby � agrees to Conditions 1-10, and on behalf of itself,its heirs, successors and assigns,hereby ; agrees to the recording of this resolution in the Chain of Title of the Property. , ; 12. The applicant asserts that its agreement to the conditions of this Resolution is made solely � on the condition that it does not waive and is without prejudice to applicant's claim of right • to use the Woodhill Avenue access without limitation and without further amendment of its 1968 CUP,which claim of right the City denies. 13. The City will consent to a dismissal without prejudice of the litigation concerning the access. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of June, 1999. ATTEST: ' �� �/ . . . Linda S. Vee, CiTy Clerk . � Gabriel Ja our, Mayor . . ..� APPLICANT ACCEPTANCE: � V r � ne��� � Authorized Representative of . . Woodhill Country Club � Page 7 of 8 � . � � O� i � � � � � ��b. - CITY of ORONU � � ti �,� �'ti RESOLUTION OF THE CITY COUNCIL . 'I � �`�kESI304��' � � . NO. � a�i � �5 � ' STATE OF MINNESOTA ) � ) ss. � : COUNTY OF HENNEPIN ) ' The foregoing instrument was acknowledged before me on this 14th day of June, � 1999 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. � .. ,��>--.:,-:�r:;.;� �°:�T'�r�•� MARY ANN JOHNSON � '��� NOTARYPUBLIC-MINNESOTA � Notary Pub �C �::� .- � �,�,�.• My Carmiis5lan Expires Jan.31,2000 STATE OF MINNESOTA ) . . � � . . � ) ss.. � . . . COUNTY OF HENNEPIN ) On this �3 �-�i day of� , 1999 before me a Notary Public within and for said county,personally appeared /YI,¢.,e K ,¢ ,9-/bR e chf �u�i o��ze�f R eo�Re s���Q-f-:y� known to me to be the person(s) described in and who executed the foregoing instnunent, and ��- acknowledged that he(they) executed the same as his (their)free act and deed. (� o ocQ �i I// � a�R f,e� C��t�� o,.�,, '-'' � � o'�`� MARYANNJOHNSON . NOTARY BLIC . � � �. NOTARYPUBLIC-MINNESOTA � �,..�• Mp Cornm(ssion Expires Jan.31,2000 � � • , - Page 8 of 8 • . � EXHIBIT A . . RESOLUTION 1oT0. 4305 � LEGAL DESCRIPTION � .� 1. The Northeast Quart�r of S�Ctian 2, Township 117 North, Range 23 West, F�ennepin Couniy, Minnesot�, except that part of said s�ction � embraced within � Woodh'tll Ridge, Woodh[ll Ridge 2nd Add., Edgewood F'lacs, �i�.5 #159�, RLS : #1098, Dako#a Rail righ�-of-way and Burlington Northern ri�ht-of-way. � �, Part of fihe Nor�hw�st t�uarter �iVW �/4) of Sectian 1, "fownship 117 Nort�, R�nge 23 West, Hertnep3n �ounty, lying south of Burlingtan Northern�right-of- � � . way an�i north of Dakot� R�il right-af�w�y. � �. 3. All that p�,rk of L.o� Thirty-fQUr (34) in AuditQr'� Subdivis+or� #45 lying South of . Buritngton NQr#hern right-of-w�y and narth of the D�ko#2� Ra�1 right=of-w�y. � � � . . ,, . , � . � EXHIBIT B � . � � . . . RESOLUTION�NO. 4305 � � .� � . � � �. . . . . . . � ..�� . � � � . . . . : � : . . , . 1., r . . : . � ,� � � � . �� 'DO NOT ENTER'SIGN—�� ''n. .i� ., ; � � � � . • " . � �� �i, MAINT�NANCE ' '. ' � . : • ' ,t ;�, BUILDING .. 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