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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 2 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 3 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 4 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 5 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./ 6 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 7