Agenda - Planning Commission - 02/07/1995

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Page 4- January 15, 1995 Z.B. , cation. River Park could not ask a federal court for damages based on claimed due process violations when it failed to pursue its rights. Eastlake v. Forest City E~zterprises Inc., 426 U.S. 668 (1976). Conditional Use. Neighbors Say Hospital Helistop Not Allowed in Multifamily Zone Klei~ v. Council of the City of Pittsburgh, 643 A.2d 1107 (Pe~msylvania) 1994 Shadyside Hospitai was in a multifamily residential district in Pittsburgh, Pa. It operated in that district as a conditional use. The hospital wanted to expand its conditional use approval to include a "hetistop" for emergency heli- copter landings. The city zoning ordinance distinguished between heliports and helistops. Heliports had facilities for refueling, maintenance, and aircraft parking. In con- trast, helistops allowed aircraft to stay only up to 10 minutes if their rotors were running, and up to one hour if the rotors were stopped. The hospital applied to the city planning commission for conditional use approval. After holding public hearings, the commission recommended that the Pittsburgh City Council approve the helistop. The city council held two hearings at which the plan was discussed with neighborhood residents. The council then approved a conditional use permit for the helistop. Neighboring property owners sued the city council, claiming the zoning ordinance did not permit hetistops in multifamily districts. They also argued the permit was invalid spot zoning which benefited a sole property owner. The court affirmed the council's action, and the neighbors appealed. DECISION: Affirmed, but modified. The court modified one of the lower court's findings regarding procedural issues, but upheld the decision to permit the helistop as a conditional use. Through a series of cross-references, the zoning ordinance allowed helistops as conditional uses in multifamily districts. Although the language and organi- zation of the ordinance was confusing, the reference was there. The city's ordi- nance was a complicated mass of regulations that relied on many cross-refer- ences because it was impossible to say everything about one item in one place. The ordinance permitting helistops at hospitals applied to six different zon- ing districts. The hospital's permit did not rezone property or single it out for preferential treatment, so it was not illegal spot zoning. Gree~sburg City Pla~mi~g Commission v. Threshold h~c., 315 A.2d 311 (]974). Conditional Use -- Neighbors Challenge Conditional Use Permit for Asphalt Plant Zippel v. Josephine Cotmty, 876 P. 2d 854 (Oregon) 1994 Josephine County, Ore., approved a conditional use permit for an asphalt !~atching plant that would remove and crush rocks on site. Part of the proposed #0