HomeMy WebLinkAboutOrdinance No. 0867CITY OF MEDINA
Ordinance No. W-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, AMENDING CHAPTER 17.56B OF THE MEDINA MUNICIPAL
CODE RELATING TO PLACEMENT OF TEMPORARY WIRELESS
COMMUNICATION FACILITIES
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A
RCW, the City Council has adopted the City of Medina Comprehensive Plan, as
amended by Ordinance 783, passed March 14, 2005; and
WHEREAS, the city council adopted zoning regulations by Ordinance 16, on
December 5, 1955, and last amended by Ordinance 856, adopted on September 13,
2010; and
WHEREAS, Ordinance No. 856 established new regulations relating to wireless
communication facilities; and
WHEREAS, the City Council wishes to establish regulations that streamline the
requirements for the temporary placement of wireless communication facilities in order
to encourage a quicker response for improved delivery of wireless communication
coverage, and to ensure wireless communication coverage for Medina residents is not
reduced when facilities are moved out of the SR 520 state highway right-of-way; 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);
WHEREAS, the City Council makes the following conclusions:
A. The proposed code amendment is consistent with, and serves to implement,
the City's adopted comprehensive plan.
1 of 4
B. The proposed code amendment bears a substantial relation to the public
health, safety and welfare by promoting improved wireless communication
coverage within the City.
C. The proposed code amendment advances the public interest of the
community by providing temporary fixes for 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 17.5613.020 of the Medina Municipal Code is hereby
amended to read as follows:
This chapter applies to the location of ((a)) the following temporary uses:
A. Temporary public facility as defined in MMC 17.12.010 when within a residential
zoning district((..));. and
B. The temporary placement of wireless communication facilities defined in MMC
17.90.040.
Section 2: Chapter 17.5613 of the Medina Municipal Code is hereby amended by
the addition of a new Section 17.56B.035 to read as follows:
17.5613.035 Placement requirements for a temporary wireless communication
facility.
A wireless communication facility intended for temporary placement on property may be
exempt from the requirements set forth in Chapter 17.90 MMC provided:
A. The limitations on permitted locations set forth in MMC 17.90.050 shall apply;
B. The temporary wireless communication facility shall be placed on the property in a
manner that has the least intrusive impact on nearby residential properties;
C. Concealment techniques are incorporated that screen, hide, or disguise the facility in
a manner that makes them visually inconspicuous to the extent technically feasible
to surrounding properties and City streets;
D. The highest point of the wireless communication facility shall not exceed 45 feet
from the existing grade;
E. Underlying zoning setbacks and noise control requirements shall apply;
F. Signage is prohibited;
G. The wireless communication facility is a short term use of the property intended to
be discontinued after a period not to exceed 6 months;
H. The wireless communication facility is not moved to another location within the City
or replaced with another temporary wireless communication facility in order to
circumvent the time limitations set forth in MMC 17.56B.035(G); and
I. A temporary use permit is approved pursuant to MMC 17.56B.040.
2 of 4
Section 3: Section 17.56B.040 of the Medina Municipal Code is hereby
amended to read as follows:
A. A temporary use permit is decided by the City Manager or designee and is subject to
meeting the approval criteria in MMC 17.56B.060.
B. Only one temporary use permit may be granted within a 5-year time period following
the approval of ((aftef)) a temporary use permit by the City ((has been
except a second temporary use permit may be granted if:
1. Temporary public facilities:
a. In the opinion of the City manager or designee, a significantly different public
facility will occupy the use of the property;
((2-.)) b. The second temporary use permit is consistent with the requirements
set forth in this chapter; and
((3-.)) c. No additional temporary use permits ((sha4)) may be approved ((within -a
)) for at least 5 years following approval of
the second temporary use permit.
2. Temporary wireless communication facilities:
a. A complete non -administrative special use permit application has been
submitted to the City consistent with the requirements set forth in Chapter
17.90 MMC; and
b. The extension of time, in the opinion of the City manager or designee, is
necessary to allow for the processing of permits and construction of facilities;
and
c. No additional temporary use permits may be approved for at least 5 years
following approval of the second temporary use permit.
Section 4: Section 17.5613.050 of, the Medina Municipal Code is hereby
amended to read as follows:
A. The zoning standards for minimum setbacks from property lines and maximum
structural coverage may be waived by the approval of a temporary use permit as set
forth in MMC 17.56B.040 to allow for the temporary placement of a temporary public
facility.
B. The requirements set forth in chapter 17.56 MMC shall not apply to the temporary
placement of a temporary public facility as prescribed by this chapter.
C. This section shall not apply to the temporary placement of wireless communication
facilities.
Section 5: Section 17.5613.060 of the Medina Municipal Code is hereby
amended to read as follows:
The City manager may approve a temporary use permit if it is found that:
A. The temporary public facility will not be materially detrimental to the public health,
safety, or welfare, nor injurious to property or improvements in the immediate vicinity
of the temporary use;
3 of 4
B. The temporary public facility has adequate parking within a sufficient proximity to the
site for employees, city vehicles and customers;
C. Except in the case of emergencies, the temporary public facility will not cause noise,
light or glare which adversely impacts surrounding uses; and
D. The temporary public facility shall comply with all codes applicable to development,
such as zoning and building codes, except as otherwise provided for in MMC
17.56B.050 and MMC 17.56B.035.
Section 6: 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 l�A DAY OF 2010.
Approved as to form:
Bruce Disend, ( ity Attorney
�Ye: (2(�c0
4 of 4
I I U, alf
Bret J rdan, Mayor
Attest:
Ra hel eaker, City Clerk