HomeMy WebLinkAboutOrdinance No. 0866CITY OF MEDINA
/ Ordinance No. �� (o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, AMENDING MMC 17.90.030 AND MMC 17.90.060 RELATING
TO WIRELESS COMMUNICATION ANTENNAS IN CITY -OWNED PARKS
WHEREAS, the City Council approved Ordinance No. 856 on September 13,
2010 adopting new regulations relating to wireless communication facilities; and
WHEREAS, Ordinance No. 856 restricts the location of wireless communication
facilities on City -owned parks to certain areas of Fairweather Preserve, and ancillary
facilities to City -owned buildings; and
WHEREAS, the City Council wishes to make allowances for wireless
communication facilities in City -owned parks in order to increase the areas available for
wireless communication facilities; and
WHEREAS, the City Council recognizes that the City's large open spaces are
defining elements of the City's character and that construction of new wireless
communication support structures outside of Fairweather Preserve could adversely
affect the community character; and
WHEREAS, the City Council in making allowances for wireless communication
facilities within City -owned parks, wishes to protect the public health and safety by
limiting the impact of these facilities on the usage of the City -owned parks; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
transmitted to the Washington Department of Commerce on October 18, 2010; and
WHEREAS, a notice of hearing was published on November 23, and December
6, 2010, in the Seattle Times newspaper; and
WHEREAS, the City Council held a public hearing on December 13, 2010, to
receive testimony for and against the proposed code amendment; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance for the proposal was issued on November 5, 2010, pursuant to WAC
197-11-340(1); and
WHEREAS, the City Council makes the following conclusions:
A. The proposed code amendment is consistent with the comprehensive plan by
protecting the large open -space character of the park by locating new wireless
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communication in places that do not affect the large open -space area of land
available for park usage.
B. The proposed code amendment bears a substantial relation to the public health,
safety and welfare by providing additional locations for new wireless
communication facilities in non-residential locations while protecting the
enjoyment of the City -owned parks from uncontrolled development of wireless
communication facilities.
C. The proposed code amendment advances the public interest of the community
by providing additional locations that can support improving wireless
communication coverage within the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1: Section 17.90.030 of the Medina Municipal Code is hereby amended
to read as follows:
A. The provisions of this chapter shall apply to all new and expansion and/or alteration
of wireless communication facilities located within the boundaries of the City, except
for the following:
1. Those facilities used for the Prima rt' purpose of public safety by a public agency,
such as police, and 911 communications systems;
2. Incidental use of support structures exempt under MMC 17 90 030(A)(1) by non-
public entities for the attachment of antennas and ancillary facilities;
3. Wireless radio utilized for emergency communications in the event of a disaster;
((34)4. An antenna that is designed to receive television broadcast signals;
((4.))5. An antenna for receiving and sending of amateur radio devices or HAM
radios provided the criteria in MMC 17.52.035 are satisfied;
((&))6. An antenna that is one meter or less in diameter or diagonal
measurement, which is designed to receive direct broadcast satellite services,
including direct -to -home satellite services and those subject to MMC 17.52.060;
((6.))7. An antenna that is one meter or less in diameter or diagonal
measurement, which is designed to receive video programming services via
multipoint distribution services, including multi -channel multipoint distribution
services, instructional television fixed services, and local multipoint distribution
services.
B. It is the express intent of the City to impose all regulations in this chapter to all land
within the City, whether publicly or privately held including private property, city
property, state-owned right-of-way, and/ or church property, utility property and
school property.
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Section 2: Section 17.90.060 of the Medina Municipal Code is hereby amended
to read as follows:
A. Wireless communication facilities are prohibited in all portions of City parks, except:
(()) 1. Those portions of Fairweather Nature Preserve which are non -forested and
adjacent to the state highway right-of-way; ((ate))
((&)) 2. Ancillary facilities placed within the interior of a City -owned building(( -.))I and
3. Antennas mounted on the exterior of City -owned buildings.
B. The determination of whether to allow or not allow the placement of wireless
communication facilities within City parks shall be governed by the provisions set
forth in Chapter 19.08 MMC, and such policies, procedures, or regulations adopted
by the City Council relating to the leasing of City property.
Section 3: Severability. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other
section, sentence, clause, or phrase of this ordinance.
ADOPTED BY THE CITY COUNCIL ON THIS DAY OF 2010 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE 1177. DAY OF 2010.
Approved as to form:
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Bruce Disend, Cif yi Att 'rney
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Bref Jordan, Mayor
Att st:
F�achel Baker, City Clerk