Res 97-257
RESOLUTION NO. fJ7-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACf
AND CONTINUING A MORATORIUM ON THE ACCEPTANCE AND
PROCESSING OF APPliCATIONS AND ISSUANCE OF LAND USE,
BUILDING AND DEVELOPMENT PERMITS FOR COMMERCIAL
WIRELESS TELECOMMUNICATIONS FACILITIES.
WHEREAS, the Federal Telecommunications Act of 1996 (the "Act") ratifies the
authority of local government to regulate telecommunications and carriers, but also limits local
governments' authority in certain respects; and
WHEREAS, the City currently has on file at least six individual applications for
various types of wireless telecommunication facilities; and
WHEREAS, several jurisdictions adjacent to the City of Federal Way, including
the City of Des Moines, the City of Kent, and the City of Auburn, have adopted moratoria barring
acceptance of applications or issuance of permits for wireless telecommunication facilities; and
WHEREAS, the forms of commercially-available wireless telecommunications
technology are changing and evolving rapidly; and
WHEREAS, it appears that the City therefore could, in the near future, receive a
large number of applications to install various wireless telecommunications facilities, such as
television and radio transmission towers and monopoles, towers, satellite dishes, micro dishes,
communication node cabinets, above-ground pedestal cabinets, antennas and relay station facilities
Res. No. 97-257, Page 1
t(Q)ry
for personal pagers, cellular phones, personal communications services (PCS), and enhanced
specialized mobile radio (ESWR) facilities; and
WHEREAS, the Federal Way City Code ("FWCC") does not adequately address
the various impacts to public health and safety and to aesthetics that these facilities present; and
WHEREAS, the City of Federal Way values the existence of this new technology
within its corporate boundaries and wants to support the presence of these businesses within the
City, but believes that its citizens and these businesses would be best served if these facilities were
designed and located so as to serve each "business' needs while at the same time addressing health,
safety and/or aesthetic concerns; and
WHEREAS, the citizens of Federal Way would be well served if City staff more
fully addressed and understood the potential health and safety hazards and potential aesthetic
impacts of these facilities on neighboring properties and on the community as a whole; and
WHEREAS, Federal Way Comprehensive Plan Policy PUP17 states that the City
"should require that site-specific utility facilities such as antennae and sub-stations are reasonably
and appropriately sited and screened to mitigate adverse aesthetic impacts; and
WHEREAS, Federal Way Comprehensive Plan Policy PUPl9 directs the City to
"modify the zoning regulations to address the siting, screening, and design standards for
wireless/cellular facilities, substations, and antennae facilities in such a manner as to allow for
reasonable and predictable review while minimizing potential land use and visual impacts on
adjacent property"; and
Res. No. 97-257, Page 2
WHEREAs, the City needs to review its codes and ordinances in a comprehensive
fashion to determine whether its existing regulations are consistent with the Act, to study issues
relating to design, siting, and co-Iocation of these facilities and to adopt new regulations; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize cities to adopt
moratoria provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, on May 5, 1997 the Federal Way City Council adopted Resolution
No. 97-250, containing a moratorium barring the acceptance of all applications for or issuance of
permits for wireless telecommunications facilities, including building permit applications, land
use permit applications, or applications for other permits under the FWCC, until the necessary
code revisions are complete and have been adopted by the Federal Way City Council; and
WHEREAS, since the adoption of the moratorium on May 5, 1997, City staff and
the City's consultant have worked diligently to prepare draft code amendments to address the
siting and permitting of wireless telecommunications facilities; and
WHEREAS, on July 1, 1997 and within 60 days of May 5, 1997, the Federal Way
City Council held a public hearing concerning the moratorium adopted in Resolution No. 97-250;
and
WHEREAS, any draft code amendments will undergo environmental review
pursuant to the State Environmental Policy Act, RCW 43.21C, and Chapter 18 of the FWCC; and
WHEREAS, to provide sufficient opportunities for public input, and for Council
consideration, FWCC Sections 22-516 - 22-538 set forth a process for consideration of
amendments to the FWCC that includes at least one public hearing before the Federal Way
Planning Commission, consideration of draft amendments by the City Council Land Use and
Res. No. 97-257, Page 3
Transportation Committee and a subsequent recommendation to the full Council by that
Committee, and two readings of the draft amendments before the Federal Way City Council; and
WHEREAS, the.timeremaining in the moratorium adopted in Resolution No. 97-
250 will not permit environmental review and implementation of the schedule called for by
Sections 22-516 - 22-538;
WHEREAS, the Council should therefore continue the moratorium for an additional
21 days, until September 25, 1997, to allow for full consideration of any amendments to the
FWCC pertaining to wireless telecommunications facilities; and
WHEREAS, the Council should adopt findings of fact to this effect pursuant to
RCW 36.70A.390 and RCW 35A.63.220;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section I Findin&s of Fact. The recitals set forth above, along with the recitals
set forth in Resolution No. 97-250, are incorporated as if fully set forth herein, and are adopted
as and shall serve as Findings of Fact.
Section 2 Continuation of Moratorium. The Federal Way City Council hereby
declares that the 12ü-day moratorium adopted in Resolution No. 97-250, is hereby continued for
a period not to exceed 21 days, until September 25, 1997. Therefore, during the pendency of the
continuation of the moratorium, the City shall not accept or process applications for or issue any
permit or approval currently required to construct, install, relocate, or perform any other work
on any telecommunications equipment or facilities within the City of Federal Way. This
Res. No. 97-257, Page 4
moratorium continuation includes, but is not limited to, acceptance or processing of applications
for or issuance of land use permits, building permits, and variances.
Section 3 Other Sections Not Affected. During the pendency of the continuation
of the moratorium, Sections 2-3 and 6-9 of Resolution No. 97-250 shall remain in full force and
effect.
Section 4 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, such
invalidity or unconstitutionality shall' not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 5 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 6 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 1st day ofJuly, 1997.
CITY OF FEDERAL WAY
~~~¿~~f
~~
Res. No. 97-257, Page 5
APPROVED AS TO FORM:
'~.è. ~~>fW£.Q6-~JÝv-',
CITY ATIORNEY, LONDI K. llNDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
JW1f'- 2 lJ.,1997
,Jo.<li I ,1997
K,IRESO\Tl!LBMORA.CON
Res. No. 97-257, Page 6