HomeMy WebLinkAbout1487RESOLUTION NO. M7
A RESOLUTION ofthe City Council ofthe City
of Kent, Washington, imposing a moratorium on the
issuance of land use and development permits for
commercial wireless telecommunication facilities.
WHEREAS, city staff have seen a significant increase in applications for
commercial wireless telecommunications facilities, specifically including, without
limitation, building and rooftop-mounted antenna systems and stand-alone antenna
towers, within the city limits of the City of Kent as well as within adjacent areas of
unincorporated King County; and
WHEREAS, it appears that the City will, 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 facilities for personal pagers, cellular phones, personal communications services
(PCS), and enhanced specialized mobile radio (ESWR) facilities; and
WHEREAS, the Federal Telecommunications Act of 1996 addresses State
and Local ability to regulate commercial wireless telecommunications facilities; and
WHEREAS, operation of the City's public safety and emergency
communications networks (911 and 800 MHz systems) may be functionally impaired either
by direct interference or by dramatically increased background noise levels as a result of this
increased presence of commercial wireless telecommunications facilities; and
WHEREAS, these facilities are being constructed because of unprecedented
growth in a new branch of telecommunications technology, and the City's Land Use and
Development Regulations do no adequately address the various impacts to public health and
safety and to aesthetics that these facilities present; and
WHEREAS, it appears that a limited number of potential sites exist that
would be acceptable for the construction and installation of commercial wireless
telecommunication facilities; and
WHEREAS, the environmental impacts of radio frequency emissions may affect the
location, configuration and final city approval of commercial wireless telecommunications
facilities; and
WHEREAS, the City of Kent 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 citizens 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 aesthetic concerns; and
WHEREAS, the development and construction of these commercial wireless
telecommunications facilities form part of a rapidly changing technology that may, in certain
instances, allow for less invasive or obtrusive facilities than those initially proposed for
construction without burdening commercial wireless telecommunications facilities providers;
and
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WHEREAS, because of potential impacts to the public health and safety and
to neighborhood aesthetics, it may be appropriate to develop incentives or regulations that
will encourage co-location of commercial wireless telecommunications facilities; and
WHEREAS, the citizens of Kent 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, the City of Kent, with the assistance of current and future
wireless telecommunications providers, needs time to study impacts to public health and
safety and to neighborhood aesthetics, as well as issues related to siting, design, and co-
location of these facilities. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Recitals Incorporated. The above listed recitals are
incorporated as if fully set forth herein.
SECTION 2: Findings of Fact. The Kent City Council hereby adopts the
following findings of fact:
A. The City of Kent is a diverse suburban South King County community with
approximately sixty thousand three hundred eighty (60,380) citizens. That part of Kent that
lies in the Green River Valley involves primarily commercial, industrial, and warehouse land
uses, but the remainder of the city is primarily residential in nature. Moreover, a significant
proportion of the remaining undeveloped properties within the Green River Valley are being
developed for residential use.
B. For purposes of this resolution, the term, "commercial wireless
telecommunication facilities," shall be defined to include tower and monopole facilities for
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television and radio transmission and towers, monopoles, satellite dishes, micro-dishes,
communication node cabinets, above-ground pedestal cabinets, antennas and relay station
facilities for personal pagers, cellular phones, personal communications services (PCS), and
enhanced specialized mobile radio (ESWR) facilities, plus any and all necessary structures
or facilities appurtenant to, or related to, these various telecommunications facilities.
Because the telecommunications industry is subject to rapid and continuously evolving
technology, and because it is the intent of the City that this city-wide moratorium apply to
all commercial wireless telecommunication facility development and land-use applications,
the City's Planning Director shall have the authority to determine whether new technology
or other technology not contemplated in the above-referenced definitional list should be
included as a "commercial wireless telecommunication facility" and be subject to this
moratorium.
C. Acceptable sites for the construction of commercial wireless
telecommunications facilities may be limited by public health, safety and aesthetic factors.
D. The Federal Telecommunications Act of 1996 affects the City's ability to
regulate commercial wireless telecommunications facilities, and the City needs additional
time to more fully understand and review the impacts of this Act on a state and local level.
E. Rapid changes in wireless telecommunications technology, when coupled
with the increased demand for wireless telecommunications services, have created a
significant increase in the demand for the installation and construction of commercial
wireless telecommunications facilities within the City of Kent.
F. The unparalleled increase in the number of applications to construct
commercial wireless telecommunications facilities in and near the City of Kent raises
significant concerns regarding potential health and safety hazards and regarding aesthetic
impacts to neighboring properties and communities. These concerns merit further review
to protect the interests of the citizens of Kent.
G. The operation of the City's public and safety emergency communications
networks (e.g., "911" and 800 MHz systems) may be functionally impaired either by direct
interference or by dramatically increased background noise levels as a result of this increased
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presence of commercial wireless telecommunications facilities. The City must analyze these
potential impacts in order to preserve its existing emergency and public safety systems.
H. Information from the telecommunications industry and from other
governmental entities indicates that commercial wireless telecommunications facilities can
be designed and installed in ways that will address health, safety and aesthetic concerns.
I. The environmental impacts of radio frequency emissions may affect the
location, configuration and final city approval of commercial wireless telecommunications
facilities.
J. The City needs time to study the appropriateness of ( 1) locating commercial
wireless telecommunications facilities, (2) encouraging consolidation or co-location of
various commercial wireless telecommunications facilities, (3) reviewing the various
technological options available to commercial wireless telecommunications service providers
to develop and utilize less invasive facilities wherever possible, and ( 4) limiting the impacts
to public health, safety and aesthetics when approving land use and development applications
to construct, install and operate commercial wireless telecommunications facilities.
SECTION 3: Moratorium imposed.
A. Pursuant to RCW 35A.63.220, the Kent City Council, after providing
appropriate notice, held a public hearing at a regularly scheduled council meeting at 7:00
p.m., January 7, 1997, on the matter of imposing a moratorium on the issuance of land use
or development permits for the construction, installation, and operation of commercial
wireless telecommunications facilities in the City of Kent.
B. The City Council adopts the foregoing Findings of Fact and finds them to be
true and correct in all respects.
C. The City of Kent shall issue no land use and development permits for the
installation, construction or operation of commercial wireless telecommunications facilities
until new regulations pertaining to these permits have been developed and adopted by the
City. Nothing in this moratorium resolution, however, shall prohibit any person or entity
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from applying for a land use or development permit to install, construct or operate a wireless
telecommunications facility, except that no vested rights shall accrue to any application made
or filed during the effective term of this moratorium, including any extensions.
D. This moratorium shall not apply to personal wireless telecommunication
facilities used primarily for residential, noncommercial purposes, including without
limitation, shortwave radio facilities and residential television satellite systems.
E. This moratorium shall not apply to the construction, installation and operation
of public safety and emergency (e.g., "911" and 800 MHz) wireless telecommunications
facilities.
F. City staff are directed to work with telecommunications providers, local
businesses, and City residents to determine the impacts and the appropriate use and location
of these facilities.
G. This moratorium shall expire six months from the effective date of this
resolution, unless renewed by further council action.
Passed at a regular meeting of the City Council of the City of Kent, Washington this
_']_dayof a~ , 1997.
Concurred m by the Mayor of the City of Kent, this __J____ day of
'1997.
JI' WHITE, MAYOR
ATTEST:
.{t.v./
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APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy of Resolution No./ '1!?1 , passed
by the City Council of the City of Kent, Washington, the ____2_ day of
oa~ , 1997.
P·\RESOLUTI\TELECOMM RES
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