Res 96-237
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RESOLUTION NO.
96-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIllNGTON, GRANTING APPROVAL OF THE
MIRROR LAKE WIRELESS COMMUNICATIONS FACILITY,
FEDERAL WAY FILE NO. UPR96-0002,
WHEREAS, AT&T Wireless Services ("Applicant") filed a Process ill application to
locate a wireless communication facility, commonly known as a cellular tower, on King County
Fire District No. 39 property located at 31725 1st Way South, Federal Way, Washington (the
"Application"); and
WHEREAS, pursuant to Federal Way City Code ("FWCC") 22-644, public utilities are
subject to process III land use review in single family zoning dï'stricts; and
WHEREAS, the Application is proposed for a site that is presently zoned Residential
Single Family (RS) 9,6; and
WHEREAS, a detennination of nonsignificance ("DNS") for this Application was issued
by the City of Federal Way's Responsible Official on April 3, 1996; and
WHEREAS, all public notices having duly been given pursuant to FWCC 22-480; and
WHEREAS, FWCC 490(d) contains criteria for the consideration of the Process III
application; and
WHEREAS, the Application includes a request to exceed the thirty (30) foot height
limitation set forth in FWCC 22-644, pursuant to the variance decisional criteria set forth in
FWCC 22-198; and
WHEREAS, pursuant to FWCC 22-387 if a proposal requiring approval through Process
II is also part of a proposal that also requires approval through Process III, the entire proposal
will be decided upon using Process III review; and
WHEREAS, pursuant to FWCC 22- 482, the Federal Way Land Use Hearing Examiner
held a public hearing on the Application on July 9, 1996; and
WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Examiner issued
its Findings, Conclusions and Recommendation with one condition on July 24, 1996; and
WHEREAS, the City Council of the City of Federal Way is the governmental body having
jurisdiction and authority to pass upon the approval, denial and modification of the Application,
pursuant to the FWCC; and
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WHEREAS, this matter having been considered by the Federal Way City Council Land
Usetrransportation Committee at its meeting on August 19, 1996, for the purpose of issuing its
recommendation for approval of the Application to the full City Council; and
WHEREAS, the City Council having considered the written record and the
Recommendation of the Hearing Examiner, pursuant to FWCC 22-490 on this date: NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section L Hearing Examiner's Recommendation, The Findings of Fact and Conclusions
of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued
on July 24, 1996, following a public hearing held on July 9, 1996, a copy of which is attached
hereto as Exhibit "A" and incorporated by this reference ("Recommendation"), which includes a
recommendation to approve the requested land use and height variance, are hereby adopted as the
Findings of Fact and Conclusions of Law of the Federal Way City Council.
Section 2, Process III Decisional Criteria- Pursuant to FWCC 22-490(d), the Federal
Way City Council concludes that the decisional criteria have been satisfied as the Application is
consistent with the Comprehensive Plan, is consistent with all applicable provisions of the FWCC
including those adopted by reference from the Comprehensive Plan, and the Application is
consistent with the public health, safety and welfare,
Section 3, ADDlication ADDroval. Based upon the Federal Way City Council's Findings
of Fact and Conclusions of Law, as adopted by the City Council pursuant to Section I herein,
the Application for the MilTor Lake Wireless Communications Facility, Federal Way File No,
UPR96-0002, Federal Way Hearing Examiner No, 96-09, is hereby approved subject to the
condition of approval set forth in the Recommendation,
Section 4. Condition of Approval Integral. The condition of approval of the Application
are all integral to each other with respect to the Federal Way City Council finding that the
public use and interest will be served by the approval of the Application and modifications
contained therein. Should any court having jurisdiction of the subject matter declare the
condition invalid then, in said event, the approved Application and modifications granted in this
resolution shall be deemed void, and the Application shall be remanded back to the City of
Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any
condition or conditions and conduct such additional proceedings as are necessary to insure that
the Application makes appropriate provisions for the public health, safety and general welfare
and applicable City ordinances, rules and regulations and forward such recommendation to the
City Council for further action.
Section 5. Severability. If any section, sentence, clause or phrase of this
resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction,
Res, #CJõ-Z37 , Page 2
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 6. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of September , 1996.
CITY OF FEDERAL WAY
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MAYOR, MARLON (SKIP) PRIEST
ATTEST:
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APPROVED AS TO FORM:
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CiTY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 08-27-96
PASSED BY THE CITY COUNCIL: 09-03-96
RESOLUTION NO. 96-237
K:\mo\mHror,bke (CDS 96-298)
Res, #~ Page 3