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Res 96-237 "'--......---.------.,,-,,"- 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 Res, # 96-23-;Page I ~OOììf "'-'-'-'-~ 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 /~¿ç~ J({?~~ MAYOR, MARLON (SKIP) PRIEST ATTEST: " ?l~~~~~ APPROVED AS TO FORM: -~ ,~: ~-~ ------:, 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