HomeMy WebLinkAboutResolution No. 243RESOLUTION NO. 243
A resolution of the City Council of the City of Medina,
Washington, relating to Resolution 242 which imposed a
moratorium upon the acceptance and processing of applications
and the issuance of special use permits for communications
facilities, adopting findings of fact and approving
continuation of the moratorium for its original term.
WHEREAS, the Medina City Council adopted Resolution No.
242 on October 28, 1996, imposing a moratorium upon the
issuance of special use permits for communications facilities
for a period of six (6) months, and
WHEREAS, Washington State Law, RCW 35A.63.200, requires
a public hearing be held on the moratorium within sixty (60)
days after its adoption and that findings of fact be adopted
justifying the moratorium, and
WHEREAS, a public hearing on the issue of imposing a
moratorium was conducted on December 9, 1996, following
appropriate notice, now, therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON does
adopt the following findings of fact:
1. The City of Medina is a small residential community
with approximately three thousand citizens. The City is
nearly fully developed for residential use. The only non-
residential uses existing within the City are an automobile
service station, a church, a grocery, a nursery, a post
office, schools, utility substations and Overlake Golf &
Country Club. All non-residential uses are surrounded by
residential properties or parks.
2. The City has a very limited number of potential sites
which would be acceptable for the installation of wireless
communication facilities.
3. The Federal Telecommunications Act was signed into
law in February of 1995. The affects of this act upon the
City's ability to regulate wireless communication facilities
require study by the City.
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4. Changes in wireless telecommunications technology,
additional licenses granted by the Federal Communications
Commission and the increased demand for wireless communication
services have lead to a significant increase in the demand for
wireless communication facilities within the City. Five
wireless communications providers have expressed desire to
locate one or more facilities within the City. Additional
requests are expected.
5. The citizens of Medina have expressed significant
concern relating to the location of wireless communication
facilities within the City. The primary concerns relate to
potential health hazards and the aesthetic affects of such
facilities on neighboring properties and the community as a
whole.
6. The citizens of Medina have also expressed a desire
that the City receive adequate wireless telecommunication
services provided that the facilities are designed and located
to minimize health and aesthetic concerns.
7. Information received from the industry and from other
governmental agencies that have studied current technology
establishes that wireless communication facilities can be
designed and installed in ways that will minimize health and
aesthetic concerns.
8. The erection of cellular antennas will have negative
impacts on property values of surrounding residences, due to
perceived health concerns, whether or not said health concerns
are realistic.
9. During the previous moratorium, the wireless industry
failed to provide substantial information which has now been
received by the City, which information requires time for
study by the City Council and City Staff.
10. The FCC has passed regulations governing maximum
radio frequency emissions. The City Council and City Staff
need time to determine the affect of such regulations on the
City's ability to regulate radio frequency emissions.
11. The goals and courses of action adopted in
Resolution No. 242, which goals and courses of action are
hereby reaffirmed, will provide the City with a framework for
adoption of revisions or additions to its current zoning
regulations on wireless communications facilities within the
time period of the moratorium adopted by Resolution 242.
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THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does
declare that an emergency exists in that the acceptance and
processing of applications and the issuance of special use
permits for communication facilities without adequate study of
the issues and concerns described herein and in Resolution 242
is likely to affect the public health, safety and welfare.
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does
resolve as follows:
RESOLVED that the moratorium upon the acceptance and
processing of applications and the issuance of special use
permits contained in Resolution No. 242 shall continue for the
period of time set forth in Resolution No. 242.
PASSED BY THE CITY COUNCIL ON THIS 9th DAY OF
DECEMBER, 1996 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE
9TH DAY OF DECEMBER, 1996.
Dewey Taylor, Ma or
Approved as to form:
Kirk R. Wines, City Attorney
Attes
Ha ood T. Edvalson, City Clerk
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