HomeMy WebLinkAboutResolution No. 242RESOLUTION NO. 242
A resolution of the City Council of the City of Medina,
Washington, imposing a moratorium upon acceptance and
processing of applications and issuance of special use permits
for communication facilities.
WHEREAS, the City of Medina previously imposed a
moratorium upon the issuance of Special Use Permits for
Communications Facilities in February of 1996 which remained
in place through July of 1996, a period of five months, and
WHEREAS, during such moratorium, the Planning Commission
and City Council conducted numerous public meetings and
workshops to gather information, to address the issues raised
by the Federal Telecommunications Act and the anticipated
large number of applications - for wireless communications
facilities, and to prepare an for
designed to provide
for the location and siting of wireless communication
facilities within the City, and
WHEREAS, following the prior moratorium, two conditional
use permits for wireless facilities installations have been
granted, two applications are pending and numerous additional
applications are anticipated, and
WHEREAS, hundreds of Medina citizens have signed
petitions addressed to the Planning Commission and City
Council urging the imposition of a moratorium pending
revisions to the current zoning code provisions relating to
wireless communication facilities, and
WHEREAS, the City Council has received both homeowner and
expert testimony that the erection of cellular antennas will
have substantial negative impacts on property values of
surrounding residences, and
WHEREAS, the City Council has received a large amount of
new information that was not provided by the wireless
industry, which information requires time for study by the
City Council and by City Staff, and
WHEREAS, the FCC passed regulations governing maximum
radio frequency emissions after the City's prior moratorium
had expired and the City Council and City Staff need time to
determine the effect of such regulations on the City's ability
to regulate radio frequency emissions, and
WHEREAS, numerous Medina citizens have asked the City
Council to consider requiring greater setbacks from
residential properties and schools, and
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WHEREAS, despite the City council's intent to include all
WSDOT owned property within the scope of its prior ordinance,
some question has arisen as to whether such prior ordinance
effectively does so.
WHEREAS, Washington State's permissive vested rights
doctrine, which allows land use applicants to vest land use
regulations which are in effect early in the application
process, could enable applicants for communication facilities
to vest under the current, inadequate regulations while the
City studies the changes needed in those regulations,
undermining effective City planning for these facilities, and
WHEREAS, a moratorium on further filing and processing of
applications is necessary while the City studies the issues
set forth above and develops appropriate regulations, and
WHEREAS, RCW 35A.63.20 authorizes the City to adopt a
moratorium on development and to hold a public hearing on the
moratorium within sixty (60) days of the commencement of the
moratorium, and
WHEREAS, notice of and hearing on this resolution in the
normal course would undermine effective City planning by
allowing land use applicants for communications facilities to
submit applications between the time notice was published and
the time the moratorium was imposed, allowing applicants to
vest in current regulations which are inadequate to protect
the public health, safety and general welfare, and
WHEREAS, the City Council finds that the moratorium
imposed by this resolution is necessary for the protection of
the public health, safety, property or peace, now, therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does
declare that an emergency exists in that accepting, processing
and issuance of special use permits for communication
facilities without adequate study of the issues set forth
below is likely to result in adverse effects on the health and
safety of the citizens of Medina, now, therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON DOES
RESOLVE AS FOLLOWS:
RESOLVED that no special use permit applications will be
accepted or processed or special use permits issued for
wireless communications facilities until new regulations
pertaining to such facilities have been adopted, provided that
this restriction on issuance of permits for wireless
communication facilities shall expire six (6) months from the
date of this resolution unless extended by further resolution.
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RESOLVED that, during the pendency of the moratorium, the
City Council does adopt the following goals and courses of
action:
1. To study and document the actual effects, if any,
of wireless antennas upon the values of adjacent
residential properties. The City Attorney is
authorized and instructed to retain one or more
experts on residential property values to study the
effects of antennas upon the value of nearby
residences.
2. To consider implementation of the Cobbs Protocol,
or other methods, for testing actual levels of
microwave or radio frequency emissions. City Staff
is requested to determine what persons or
organizations are available locally with the
necessary experience and/or equipment to conduct
such testing.
3. To study what other cities, towns and counties have
done to address concerns relating to wireless
communications facilities. City Staff is directed
to review ordinances from other jurisdictions and
to suggest any appropriate additions to or changes
in the current ordinance.
4. To study whether the Federal Telecommunications Act
and the FAA regulations adopted thereunder have
effectively preempted local regulation of microwave
and radio frequency emissions and whether such
preemption is constitutional. The Mayor and City
Council shall seek a formal opinion from the Office
of the Attorney General as to the effect of the FAA
regulations on the ability of a municipality to
regulate microwave and radio frequency emissions.
5. To consider revisions to the current zoning code to
address the concerns that have been raised by the
community. The City Planner is requested to
conduct a study to determine if reasonable
provisions can be made to accommodate the wireless
industry while requiring additional setbacks from
residentially used properties.
6. To ask concerned citizens to propose specific
amendments and additions to the zoning code
relating to wireless communications facilities.
7. To reconsider the potential use of City Parks for
wireless facilities.
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8. To consider requesting additional information from
the wireless industry and from individual wireless
service providers concerning the need for
facilities within the City and the ability to
provide wireless services from facilities located
outside of the City.
9. To consider means of controlling subleases and
assignments of leases in an effort prevent the
industry from preempting the limited number of
acceptable sites within the City, thereby making it
difficult or impossible for new providers to
provide services within the City.
RESOLVED that the City Clerk shall schedule a public
hearing on the moratorium imposed by this resolution within
sixty (60) days from the effective date of the resolution.
RESOLVED that if any provision of this resolution, or its
application to any person, entity or circumstance, is for any
reason held invalid, the remainder of the resolution, or the
application of its provisions to persons, entities or
circumstances, shall not be effected.
RESOLVED that this moratorium will not apply to any
application which was filed and also deemed to be complete
prior to the effective date of this moratorium.
PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL ON THE 28th
DAY OF OCTOBER, 1996, REAFFIRMED BY THE CITY COUNCIL ON THE
12TH DAY OF NOVEMBER, 1996, AND SIGNED IN AUTHENTICATION OF
ITS PASSAGE THE 12TH DAY OF NOVEMBER, 1996.
Dewey aylor, y r
Approved as to form;
irk R. Wines, City Attorney
Attest:
rwood T. Edvalson, City Clerk
FILED WITH THE CITY CLERK: November 12, 1996.
EFFECTIVE DATE: OCTOBER 28, 1996
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