HomeMy WebLinkAbout43461
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ORDINANCE NO. 4 3 4 6
30
L'3 T
CIS
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON,
PROVIDING
FOR A CONDITIONAL USE PERMIT TO ALLOW A PERSONAL USE
HELIPORT ON PROPERTY LOCATED AT 2925 AUBURN WAY
NORTH,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0001-89 dated February 6,
1989, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by TOM MATSON DODGE,
INC., requesting a Conditional Use Permit to allow a
personal use heliport on property located at 2925 Auburn Way
North, within the City of Auburn, Washington, hereinafter
described in Section 2 of the Ordinance; and
WHEREAS, said request above referred to, was referred
to the Hearing Examiner for study and public hearing
thereon; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a public hearing to consider said petition in the
Council Chambers of the Auburn City Hall, on March 20, 1989,
at the conclusion of which the Hearing Examiner recommended
the approval of the issuance of a Conditional Use Permit to
allow a personal use heliport on property located at 2925
Auburn Way North, based upon the followCix}ings of Fa65
and Conclusions to -wit: RECCE F 13.00
CASHSL .***13. GO
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FILED f 6 Besse of . D esf of
NAME
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Ordinance No. 4346
Page 1�
April 13, 1989
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FINDINGS OF FACT
1. The applicant, Tom Matson Dodge Inc., applies for a
Conditional Use Permit for the operation of a private
heliport.
2. The subject site is located at 2925 Auburn Way North
and is currently utilized for a car dealership. The
Comprehensive Plan designates the subject site for
commercial uses and the site is currently zoned C-3
(Heavy Commercial).
3. The Zoning Ordinance at Section 18.30.030(G) permits
heliports in a heavy commercial zone subject to the
establishment of the requirements of a conditional use
permit.
4. The subject property is located east of and adjacent to
the Auburn Municipal Airport. Adjacent land uses in
the vicinity to the north and south include other car
dealers and to the east are commercial uses with
continuing transition to multiple family uses and
finally other residential uses further east.
5. The evidence establishes that the landing pad itself is
contained within a fenced area which is 58 feet X 60
feet. This area lies within 26 feet of the nearest
building and other buildings are between 96 and 156
feet away.
6. The City of Auburn may be required to use the proposed
heliport in the event of an emergency. The evidence
establishes that such infrequent anticipated emergency
uses might include medical flights for critically
injured citizens and other disaster conditions
requiring the use of the landing site.
7. The Zoning Ordinance sets forth a series of criteria
which must be established in order to develop a
heliport at Section 18.48.080. Specifically, the
heliport must meet the requirements of the Federal
Aviation Administration and the evidence in this case
establishes that the proposal has received approval
from the FAA provided that the traffic direction of the
helicopter is the same as fixed wing air traffic using
the Airport. In addition, the FAA recommends that the
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Ordinance No. 4346
Page 2
April 13, 1989
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helicopter be required to avoid the flow of the fixed
wing aircraft and to use the common traffic advisory
frequency for egress and ingress to the Airport.
8. The applicant must further meet the current National
Fire Protection Agency 403 requirements. The evidences
establishes that the City of Auburn has adopted the
National Fire Protection Agency (NFPA) codes and
standards and that the National Fire Protection Agency
recommends a 75 foot diameter landing area. The
existing heliport would have to expand its area by 10
feet in each direction in order to meet this
requirement. At the time of the public hearing, the
applicant's attorney, Bob Smythe, argued that the NFPA
section with respect to the diameter of the landing
area is a recommendation only and asserted that the
size of the heliport currently is adequate to
accommodate helicopter take -off and landings. The
applicant's counsel indicated that the applicant would
prefer to extend the landing pad 10 feet to the east
and north but not 10 feet to the south and west.
However, the applicant indicated that in the event that
it was recommended that the diameter be extended to 75
feet that the applicant would be willing to comply.
9. The heliport must also be consistent with Auburn
Airport requirements. The testimony of the Auburn
Airport Manager establishes that the proposal is
consistent with the requirements of the Auburn Airport.
10. The applicant must also establish that the site of the
landing pad is 1 1/2 times the size of the largest
helicopter to use this site. The testimony establishes
that the length of the helicopter at approximately 39
feet requires a landing pad of 58.5 feet. This landing
pad size would comply with the 75 foot diameter
recommended by the NFPA.
11. The applicant must further establish that the landing
pad is paved and that a source of water is available to
keep the pad clean. In addition, additional fences
and/or screens may also be required to reduce any
flying debris. The evidence establishes that the pad
is both fenced and paved and water can be made
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Ordinance No. 4346
Page 3
April 13, 1989
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available from the adjoining car dealership for the
purpose of keeping the landing pad clean.
12. The applicant must further establish that the location
of the heliport is compatible with adjacent uses and
located away from schools and populated areas. The
location of the heliport is particularly compatible
with adjacent uses considering its proximity to the
existing adjoining Auburn Municipal Airport.
13. Additional requirements may also be assessed with
regard to fences, hours of operation, lighting,
setbacks, or easements. The applicant's counsel
indicated that the applicant anticipates utilizing the
heliport for private purposes only for commuting to and
from the dealership. Depending upon the weather, it is
possible that the applicant would utilize the heliport
five days per week although not probable according to
the applicant's counsel. The evidence established that
the applicant has absolutely no intention of using the
heliport for any commercial uses associated with the
sale of automobiles due to the potential liability
requirements and further due to the high cost of
operating the helicopter (approximately $500.00 per
hour) and the high cost of the helicopter itself
(approximately one-half a million dollars).
14. There was no public testimony related to this
application.
15. The staff report with its recommendation of conditional
approval is incorporated herein as though set forth in
full.
CONCLUSIONS OF LAW
1. In addition to the specific criteria set forth in the
Zoning Ordinance for heliports, the Zoning Ordinance
sets forth a series of criteria which must be
established prior to the time that a conditional use
permit can be granted. The undersigned concludes, by a
preponderance of the evidence that each of the criteria
for the granting of a conditional use permit have been
established by the evidence.
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Ordinance No. 4346
Page 4
April 13, 1989
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2. Concerning the recommended 75 foot diameter of the
helipad as required by the NFPA, the undersigned
concludes that the applicant has not established a
sufficient reason not to comply with the minimum 75
foot diameter required. No evidence was submitted by
the applicant regarding unusual piloting skills which
would justify a smaller than recommended heliport
diameter and the public safety and welfare is better
served by a heliport with a diameter as large as is
recommended by the NFPA.
3. If properly developed and conditioned the proposed
heliport is exceptable particularly considering the
fact that it is adjacent to the Airport.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit for the operation of
a heliport is approved and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Section 2. At the hearing before the City Council, the
applicant's counsel testified that his client agreed with
the conditions and requirements to be included in the
Conditional Use Permit.
Section 3. A Conditional Use Permit to allow a
personal use heliport on property located at 2925 Auburn Way
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Ordinance No. 4346
Page 5
April 13, 1989
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North, situate in the City of Auburn, County of King, State
of Washington, legally described in attached Exhibit "A" and
incorporated by reference in this Ordinance.
Section 4. The proponent shall obtain from the Auburn
Building Division a Certificate of Occupancy for the
heliport in order to ensure compliance with the Zoning
Ordinance, the National Fire Protection Agency Section 296
and the requirements of this permit.
Section 5. The Conditional Use Permit approved herein
shall be reviewed by the City Administration to determine if
the heliport is still an acceptable use for the site in the
event that there is any change in use including but not
limited to any use other than a private heliport,
establishment of a new use or building adjoining the helipad
site, or a change of use on adjacent properties. No
commercial use of the heliport is permitted. A subsequent
review of the Conditional Use Permit may be required by the
undersigned and/or the City Council in the event that any of
the changes set forth above occur.
Section 6. The approach of the helicopter be to the
Auburn Airport and then to the helipad, and the departure
would be from the helipad to the Airport flight pattern.
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Ordinance No. 4346
Page 6
April 13, 1989
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Section 7. Upon the passage, approval and publication
of this Ordinance as provided by law, the City Clerk of the
City of Auburn shall cause this Ordinance to be recorded in
the office of the King County Auditor.
Section 8. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 9. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4346
Page 7
April 13, 1989
INTRODUCED: Z 7 - FY
PASSED: 4-n- gq
APPROVED• 4-n- U
1 ATTEST:
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4 Robin Wohlhueter, City Clerk
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6 APPROVED AS TO FORM:
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9 Marguerite Schellen rager, City Attorney
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PUBLISHED:
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26 Ordinance No. 4346
Page 8
April 13, 1989
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LEGAL DESCRIPTION OF PROPERTY
` PARCEL A
ORDINA14CE NO. 43406 EXHIBIT "A"
That portion of the James A. Lake Donation Land Claim Numbers 38 and lilt
described as follows :
Beginning at the northeast corner of said Donation Land Claim;
thence South 0 degrees 20100" East, along the east line thereof, 359.255 feet;
thence South 89 degrees 52100" West, 455.91 feet, more or less, to the east
line of that tract conveyed to the City of Auburn by Deed recorded under
Recording Number 5432797;
thence North 0 degrees 20100" West, along said east line, 329.255 feet to the
south line of 30th Street Northeast as conveyed to the City of Auburn by
Deed recorded under Recording Number 5492372;
thence North 89 degrees 52100" East, along said south line, 455.91 feet to the
east line of said Donation Land Claim;
thence North 0 degrees 20100" Nest, 30.00 feet to the point of beginning;
EXCEPT that portion lying easterly and northeasterly of the westerly and
southwesterly right of way line of State Highway No. 5 as conveyed to the
State of Washington by Deed recorded under Recording Number 5918246,
PARCEL B
That portion of the James A. Lake Donation Land Claim Numbers 38 and 41t
described as follows
G�
Beginning at the northeast corner of said Donation Land Claim;
® thence South 0 degrees 20' East, along the east line thereof, 659.49 feet
X to the TiUE POINT OF BEGINNING;
lk thence South 89 degrees 52' West, 455.91 feet;
Cthence North 0 degrees 20' West, 300.235 feet;
a) thence North,89 degrees 52' East, 455.91 feet;
thence South 0 degrees 20' East, 300.235 feet. -to the True Point of be nninp;
EXCEPT that norti.on lying easterly and northeasterly of the westerly and
southwesterly right of way line of State Highway No. 5 as conveyed to the
State of Washington by Deed recorded under Recording Number 5918246.
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4346 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4346 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 17th day of April A.D., 1989.
I further certify that said Ordinance No. 4346 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 23rd day of April, A.D.,
1989.
Witness my hand and the official seal of the City of
Auburn this July 14, 1989, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
ws
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