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Res 97-250 RESOLUTION NO. 97-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IMPOSING A MORATORIUM ON THE ACCEPTANCE AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS FOR COMMERCIAL WIRELESS TELECOMMUNICATIONS FACILITIES. WHEREAS, the Federal Telecommunications Act of 1996 (the ~Act") was designeq to remove regulatory barriers and encourage competition among all types of communications; and WHEREAS, 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 Act allows the Federal Communications Commission(~FCC") to preempt any local governmental regulation which prohibits, or has the effect of prohibiting the ability of any entity to provide any interstate of intrastate telecommunications services; and WHEREAS, it appears that the City 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 facili ties for personal Res. No. 97-250, Page 1 (C(Q)~Y 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 citizei'ls 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 PUP19 directs the City to "modify the zoning regulations to address the siting, screening, and design standards for wireless/cellular Res. No. 97-250, Page 2 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 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-location of these facilities and to adopt new regulations; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the City should impose a moratorium barring the acceptance of all applications, including building permits, land use permits, or other permits under the FWCC, for wireless telecommunications facilities, until the necessary code revisions are complete and have been adopted by the Federal Way City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Moratorium. The Federal Way City Council hereby declares a moratorium upon the acceptance of applications for and the issuance of any permit or approval currently required to construct, install, relocate, or perform any other work on any telecommunications equipment or facili ties wi thin the City of Federal Way. This moratorium includes, but is not limited to, land use permits, building permits and variances. Res. No. 97-250, Page 3 Section 2. Franchises. During the moratorium, no person may construct, install, relocate, or perform any other work on telecommunications equipment or any part thereof that is located in, over or under any public right-of-way located within the City of Federal Way, without the prior approval of the Cïty Council; provided, however, that work associated with existing telecommunications equipment and facilities located in public rights-of-way and owned by holders of existing franchises granted by the City of Federal Way'may be performed, subject to the terms of the franchise agreement. Section 3. ExemDtions. This moratorium shall not apply to the following: A. Noncommercial Facili ties. Personal wireless telecommunications facilities used primarily for residential, noncommercial purposes, including without limitation, shortwave radio facilities and residential television satellite systems; B. Public Safetv and Emeraencv Facilities. Construction, installation and operation of public safety and emergency (e.g., "911" and 800 MHZ) wireless telecommunications facilities; C. Existina Facilities Collocation. Construction, installation, location or operation of wireless telecommunication facilities on existing towers, buildings or structures, but only when: (1) as of the date of this moratorium, the existing tower, building or structure contains at least one other such wireless telecommunication facility; and (2) the proposed new wireless Res. No. 97-250, Page 4 telecommunication facility and the structure on which it is proposed to be located comply with all applicable requirements of the FWCC (including those pertaining to height and screening) wi thout the need for a variance or exception under FWCC 22- 1047(2) (b); PROVIDED, that subject to the other requirements of the FWCC, subsections (1) and (2) above do not apply to a proposed new omnidirectional or ~whip" antenna not more than 12 feet high and 6 inches in diameter or to a new telecommunications facility proposed to be located on a BPA tower existing as of the date of this resolution; and D. Preemption. Construction, installation, location or operation of any wireless telecommunications facility that a court of competent jurisdiction or the FCC determines is exempt from local regulation by virtue of preemption by the Federal Telecommunications Act of 1996 or any other federal or state statute or regulation. Section 4. Duration. This moratorium shall be in effect for 120 days following the effective date of this resolution. Section 5. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption, on July 1, 1997. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, and either justify its continued imposition or cancel the moratorium. Res. No. 97-250, Page 5 Section 6. Staff Di rection. City staff and the Planning Commission are directed to work with telecommunications providers, local businesses, and City residents to determine the impacts and appropriate use and location of these telecommunications facilities and to draft appropriate'legislation and code amendments. Specifically, the 1997 Planning Commission work program is hereby amended, such that review of proposed legislation and code amendments concerning wireless telecommunications facilities shall be the highest priority item for 1997. Section 7 Recitals IncorDorated. The recitals set forth on pages 1-3 of this Resolution are incorporated as if fully set forth herein and shall serve as Findings of Fact. Section 8. Severahilitv. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. No. 97-250, Page 6 Section lO. E:!'f'e~tiv~ Date. This resolution shall be effective imme~iately upon p~sage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 5th day of :May, 1997. CITY OF FEDERAL WAY .~~~ ! OR, HAHLON S. PIUEST APPROVE:]) AS TO FORM: ~>~ ;-. ~ ¿::::::::~- , L NDI ~. LLNDEd FILED WITH THE CIn CLERK: ! PASSED BY THE crn COUNCIL: RESOLUTION NO. 97-250 . May 5, 1997 May 5, 1997 Ie'. \o£SO\n:tI:C<HLKOIt Res. No. 97-250, Paqe 7