47-97 Temp Moratorium on Wireless Comm Towers

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PLACED ON 1st Reading ~ Re£erred CO~4ITTEE OF THE WHOLE 10/Z0/97. Placed on Znd Reading 11/3/97. tO ORDINANCE NO. 47-97 BY: Boscia, Corrigan, Flannery, George, Roth, Seelie, Smith AN EMERGENCY ORDINANCEESTABI[~HING ATEMPORARY MORATORIUM ON LSSUANCE OFWIRRFc, S COMMUNICA'I'[ON TOWER PERMITS. WHEREAS, SecUon 1123.05 of the Zoning Code contains height limitations for vadous structures in the City of Lakewood, including wireless towers; and WHEREAS, the Council of the City of Lakewood has been made aware of proposals for installation of wireless communication towers and related faciliUes in the City of Lakewood which proposed towers would exceed the height limitations of the Zoning Code; and WHEREAS, this Council is aware of the passage of the 1996 Federal Telecommunications Act which, this Council believes, affirms local control over communication towers and related facilrdes so long as the local controls do not: (a) unreasonably discriminate among providers, (b) unreasonably delay action upon a duly filed application for such uses, and (c) completely prohibit the provision of personal wireless services; and WHEREAS, this Council has been assured by the Admini~b~tion that the City is both prudently and expeditiously developing recommendations which will, consistent with the 1996 Telecommunications Act and with the preservation of the health, safety and welfare of the citizens of Lakewood, proposed to Council regulations for communication towem; and WHEREAS, this Council believes that a three (3) month moratorium on issuance of permits for wireless communication towers will not discriminate against communications providers and will not deny propem/owners the economically viable use of their property; and WHEREAS, this Coundl is highly mindful of its obligations to the public to provide for ordeHy development within ~ City and of the rights of private land owners to use the enjoy their land; and WEREAS, approximately 45% of the land in Lakewood is zoned for residential use and an additional approximate 42% of the land in Lakewood is zoned for uses for which aesthetic and safety concerns are heightened when considering the location of communication towers; and WHEREAS, the City requires ldme to study the feasibility of requiring co- location of wireless communication facil'fdes upon what may be a limited number of sites acceptable to both communication provides and the City; and WHEREAS, the City of Lakewood is a densely populated community of approximately 60,000 residents which is nearly fully developed under the City's current zoning regulations and has a very limited number of sites that would be acceptable and feasible for location of wireless communication facilities; and WHEREAS, this Coundl is aware of the potential increased demand for wireless communication facilities from several providers now that the Federal Communications Commission has awarded additional licenses to entities other than the two original providers in this geographic area; and