LUTC PKT 12-06-1999 MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC COMMENT (3 minutes)
4. COMMISSION COMMENT
5. BUSINESS ITEMS
A. Telecommunications Ordinance Action Clark/15 rain
B. Truck Ordinance Revisions Action Perez/5 rain
C. Commute Trip Reduction (CTR) Interlocal Agreement Action Perez/5 min
With King County
D. 2000 Right of Way Landscape Maintenance Contract Award Action Salloum/5 min
E. Hylebos Watershed Action Committee/Waterworks Grant Action Wise/10 mi~
F. WH1 I-CIP-03 Acceleration Proposal Action PratVq 0 min
G. Litter Removal Contract - Vadis Northwest Action Miller/5 min
H SR99 and South 330th Street Signal and Sidewalk Action Perez/10 min
I. Spring Valley Montessori School Request for Left-Hand Action Roe/Foldi/l 0 rain
Turn Lane
J. South 312t~ Street SR99 to 23rd Avenue South Street Action Miller/5 rain
Improvement Project Finalization
K. SR99 & South 320th Street Intersection Improvements Action Miller/10 rain
Project 85% Design Status Report
6. FUTURE MEETING AGENDA ITEMS
Open Cut of ROW vs Boring
Endangered Species Act Update
SWM/CIP West Hylebos Channel Stabilization
7. ADJOURN
Committee Members: CiO/Staff:
Phil Watkins, Chair Stephen Clifton, Director, Community Development Services
Jeanne Burbidge Sandy Lyle, Administrative Assistant
Mary Gates 253.661.4116
SUMMARY
In attendance: Committee members Phil Watkins (Chair), Jeanne Burbidge and Mary Gates; Council Member Liuda
Kochmar; City Manager David Mosely; Director of Community Development Services Stephen Clifton; Public Works
Director Cary Roe; City Attorney Loudi Lindell; Assistant City Attorney Bob Sterbank; Deputy Director of Community
Development Services Kathy McClung; Deputy Public Works Director Ken Miller; Surface Water Manager Jeff Pratt;
Assistant to the City Manager Derek Matheson; Street Systems Manager Marwan Salloum; Senior Planner Margaret Clark;
Administrative Assistant Sandy Lyle; Contract Planner Tim McHarg.
1. CALL TO ORDER
The meeting was called to order at 5:35 by Chairman Watkins.
2. APPROVAL OF MINUTES
The minutes of the November 4, 1999, meeting were approved as presented.
3. PUBLIC COMMENT
There was no additional public comment on non-agenda items.
4. COMMISSION COMMENT
There was no additional commem from any of the City Commissions.
5. BUSINESS ITEMS
A. 1999 Asphalt Overlay - The Committee m/s/c recommendation to City Council at the December 7, 1999, meeting
to accept as complete the 1999 Asphalt Overlay Project. Due to available funds at the end of scheduled work,
Dakota Junior High (Schednie H) was added back into the contract with Lakeside Industries, Inc. The final
construction contract amount was $1,626,380.36 which was $131,738.35 below the $1,758,118.71 budget
(including contingency) that was approved by the City Council on May .18, 1999.
B. SW 340t~ Street & Hovt Road SW Intersection Im~rovem~nt~ Project Aeccotance/Retain~,e Release - The final
construction contract amount with Transtech Electric, Inc., in the amount of $243,855.17, was $31,594.29 below
the $275,449.46 budget (including contingency) that was approved by the City Council on March 26, 1999. The
Committee m/s/c recommendation of approval of acceptance of the SW 340~ Street & Hoyt Road SW Intersection
Improvements Project and Release of Retainage to the City Council at its next meeting.
C. 2000 Street Swecoin~ Service Contract Award - The lowest responsible bidder for the 2000 Street Sweeping Service
Contract is Action Services with a total bid of $62,742.40 which is 9% less than the Engineer's Estimate and last
year's contract. The Committee m/s/c recommendation of approval to the full Council at their December 7, 1999,
City Council meeting.
D. Telecommunications Ordinance - Following a'great deal of study, discussion and a trip into the field to view various
wireless communications facilities, the Committee proposed some changes in language to include installation of
single facilities on residential poles with boxes being wired to offsite and less visible locations on nearby properties,
including underground facilities where possible, in the CB, NB, OP, and PO zones. The ordinance will be
reviewed again at the December 6, 1999, Land Use Transportation meeting.
E. Adult Uses Minor Correction to l_and Use Chart - The City Council recently amended Chapter 22 of the City Code
as it pertains to adult uses. A loophole was created by a clerical error caused by the swiu:h to a new computer
program that included automatic renumbering. As a result, the code appears to allow an adult use to be located
within less than 1,000 feet of a school. Therefore, to prevent confusion, it is appropriate that the City Council
make the technical housekeeping correction to preserve the Council's intent to provide protection from adult uses to
sensitive uses such as schools and day care facilities. The Committee so moved and forwarded the changes to the
City Council at the next meeting.
6. FUTURE MEETINGS
The next meeting will be held at 5:30pm in City Council Chambers on Monday, December 6, 1999.
7. ADJOURN
The meeting was adjourned at 6:15pm.
I:\LU-TRANS\nov 151us
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 30, 1999
TO: Land Use/Transportation Committee (LUTC)
FROM: Stephen Clifton, AICP, Director of Community Development Services
Margaret H. Clark, AICP, Senior Planner io.,A<-~
Tim McHarg, Contract Senior Planner --
SUBJECT: Proposed Personal Wireless Service Facility (PWSF) Zoning Code Text
Amendments
I. BACKGROUND
The current City of Federal Way Personal Wireless Services Facilities (PWSF) review
process, siting priorities, and development standards were established on September 19,
1997, through the adoption of Ordinance No. 97-300. The PWSF Ordinance was codified
as Section 22-967 of the "Federal Way City Code" (FWCC).
As part of its regular review of development regulations, staff has identified several
aspects of the regulatory framework for PWSFs, which are in need of amendment. This is
due largely to rapidly changing telecommunications technology and the resulting siting
preferences of the telecommunications industry.
Attached, as ExhibitA is a Draft Ordinance, which reflects revisions consistent with the
policy direction provided to the staff by the LUTC at the November 15, 1999, meeting.
The draft ordinance has been prepared in "line-in]line-out" format, with the Planning
Commission's recommendations shown as si~ (proposed deletions) and
single ~derline (proposed additions) and the LUTC's recommendations as ~
stdk4~s (proposed deletions) and double underlines (proposed additions). The LUTC's
revisions are located on pages 16, 19, 21, 22, 25, and 26; and these sections are noted as a
double vertical line in the right margin. The amendments recommended to be added by
the Planning Commission that were subsequently recommended for deletion by the
LUTC are shown as a z:.r.7,!e ~-- :r :r.e '.'?-~ ~ a~,,~ ~.-~ ..... ·
City of Federal Way LUTC Report November 30, 1999
PWSF Zoning Code Text Amendments Page 1
The LUTC's recommendations can be summarized as follows:
· Within residential zoning districts, Neighborhood Business (BN) zone, and
Professional Office (PO) zone), a maximum of one (1) PWSF may be installed on an
.existing structure within appropriate public rights-of-way. Therefore, PWSFs located
~n public rights-of-way within these zones shall not be eligible for or required to
provide collocation of additional PWSF equipment.
· Within residential zoning districts, Neighborhood Business (BN) zone, and
Professional Office (PO) zone), equipment enclosures for PWSFs within appropriate
public rights-of-way shall be located on adjacent properties outside the right-of-way.
If located above ground, the equipment enclosures shall comply with all code
requirements, including landscaping, building setbacks, and building codes.
II. REASON FOR COUNCIL ACTION
FWCC Chapter 22, Zoning, Article I~, Process VIReview, establishes a process and
criteria for zoning code text amendments. Consistent with Process VI review, the City
Council, based on a recommendation from the Planning Commission, must approve
amendments to the zoning code text.
III. PLANNING COMMISSION RECOMMENDATION
As indicated below in Section IV-- Procedural Summary of this staff report, the Planning
Commission conducted a public hearing on the propose~t text amendments to the zoning
code regarding PWSFs on July 21, 1999. The public hearing was continued to August 18,
1999. After conclusion of the continued public heating, pursuant to FWCC Section 22-
535, the Planning Commission considered the proposed zoning code text amendments in
light of the decisional criteria outlined below in Section Vof this report. By a unanimous
vote of the membership present (5-0), the Planning Commission recommended that the
City Council adopt the zoning code text amendments regarding PWSFs as outlined in
Exhibit B. Attached as Exhibit C are the Planning Commission's minutes of July 21,
1999, and August 18, 1999.
City of Federal Way LUTC Report November 30, 1999
PWSF Zoning Code Text Amendments Page 2
IV. PROCEDURAL SUMMARY
July 21, 1999: Planning Commission Public Hearing
August 18, 1999: Continuation of Planning Commission Public Hearing
September 14, 1999: LUTC Meeting
November 4, 1999: LUTC Meeting
November 15, 1999: LUTC Field Trip to View Existing PWSFs
LUTC Meeting
December 6, 1999: LUTC Meeting
For background purposes, materials previously provided for the
September 14, 1999, LUTC meeting and the November 4 and 15,
LUTC meetings have been placed in binders and are available for
review in the City Council Conference Room.
V. DECISIONAL CRITERIA
FWCC Section 22-523 provides criteria for zoning code text amendments. The following
section analyzes the compliance of the proposed PWSF zoning code text amendment with
the criteria provided by FWCC Section 22-523.
The city may amend the text of Chapter 22, Zoning, only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the
comprehensive plan;
The proposed zoning code text amendments regarding PWSFs are consistent with,
and substantially implement, the following Comprehensive Plan goals and
policies:
L UG2 Develop an effcient and timely development review process based on
a public/private partnership.
L UP 4 Maximize efficiency of the development review process.
City of Federal Way LUTC Report November 30, 1999
PWSF Zoning Code Text Amendments Page 3
L UP 6 Conduct regular reviews of development regulations to determine how
to improve upon the development review process.
PUG 2 Work with private utility companies to allow them to provide service in
a way that balances cost-effectiveness with environmentalprotection,
aesthetic impact, public safety, and public health.
PUG 4 Ensure that development regulations are consistent with public service
obligations imposed upon private utilities by Federal and State Law.
PUP 3 The City should work to encourage, to the extent possible, the supply
of all utilities to existing and new homes, offices, industrial, and
commercial buildings.
PUP 4 The City encourages the joint use of trenches, conduits, or poles, so
that utilities may coordinate expansion, maintenance, and upgrading
facilities with the least amount of right-of-way disruption.
PUP 17 The City shouM require that site-specific utility facilities such as
antennas and sub-stations are reasonably and appropriately sited and
screened to mitigate adverse aesthetic impacts.
PUP 19 The City should modify the zoning regulations to address the siting,
screening, and design standards for wireless/cellular facilities, sub-
stations, and antenna facilities in such a manner as to allow for
reasonable and predictable review while minimizing potential land use
and visual impacts on adjacent properties.
(2) The proposed amendment bears a substantial relationship to public health,
safety, or welfare;
The proposed zoning code text amendments will result in improved
environmental and land use review processes, siting prioritization, and
development standards for PWSFs, which have a direct relationship to the public
health, safety, and welfare.
And
City of Federal Way LUTC Report November 30, 1999
PWSF Zoning Code Text Amendments Page 4
(3) The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will improve the compatibility of PWSFs
with surrounding land uses and minimize land use conflicts between PWSFs and
surrounding land uses through appropriate environmental and land use review
processes, siting priorifization, and development standards.
VI. COUNCIL ACTION
Pursuant to FWCC Section 22-537(c), after consideration of the Planning Commission
report, and at its discretion holding its own public hearing, the City Council shall by
majority vote of its total membership take the following action:
1. Approve the proposed zoning code text amendment by ordinance;
2. Modify and approve the proposed zoning code text amendment by ordinance;
3. Disapprove the proposed zoning code text amendment by resolution; or
4. Remand the proposed zoning code text amendment back to the Planning
Commission for further proceedings. If this occurs, the City Council shall specify
the time within which the Planning Commission shall report back to the City
Council on the proposed zoning code text amendment.
List of Exhibits
Exhibit A Draft Ordinance Amending the Zoning Code Text
Exhibit B Planning Commission Recommendation
Exhibit C July 21 and August 18, 1999, Planning Commission Minutes
Exhibit D Distribution List
I:\TELECOIVI~ 1115StaffReport.do¢
City of Federal Way LUTC Report November 30, 1999
PWSF Zoning Code Text Amendments Page 5
DRAFT
CITY OF FEDERAL WAY
ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY COLrNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE
FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND
DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR
PERSONAL WIRELESS COMMUNICATION FACILITIES
WHEREAS, Section 704 of the Federal Telecommunications Act of 1996 preserves local
zoning authority over decisions regarding the placement, construction, and modification of
personal wireless service facilities, provided that regulation not discriminate among providers of
functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of
personal wireless services; and,
WHEREAS, the Federal Telecommunications Act of 1996 and RCW 80.36.375 restricts
and partially preempts a city's authority to regulate personal wireless service facilities; and,
WHEREAS, personal wireless services facilities comprise a rapidly growing segment of
the utilities and communications sector and have merit and value for the community and region
as a whole; and,
WHEREAS, personal wireless services facilities are supportive of the public health,
safety, and welfare in that they provide useful portable communication services for personal
convenience, business, and emergency purposes; and,
WHEREAS, the City of Federal Way is concerned that future decisions regulating the
siting and development of personal wireless services facilities, without appropriate standards and
review processes, may adversely effect the public health, safety, and welfare of residents of the
City of Federal Way; and,
WHEREAS, the City of Federal Way reviewed potential impacts from the Personal
Wireless Services Facilities Code Amendment Ordinance in compliance with the State
Environmental Policy Act; and,
WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will
implement and is consistent with the Federal Way Comprehensive Plan; and,
EXHIBIT.__ ._--
PAGE.__/_t OF$O
DRAFT ORDINANCE NO. 99- , PAGE I November 30, 1999
DRAFT
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the
draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a
recommendation of approval to the City Council; and,
WHEREAS, the City Council finds that the Personal Wireless Services Facilities Code
Amendment Ordinance is consistent with the intent and purpose of the Federal
Telecommunications Act of 1996 and RCW 80.36.375.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IN
REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The purpose of this Ordinance is to amend the Federal Way City Code to
satisfy the following basic needs:
A. To provide appropriate standards and review processes for decisions regulating
the siting and development of personal wireless services facilities; and,.
B. To be consistent with and implement the Federal Communications Act of 1996
and RCW 80.36.375.
Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate
the following definitions in alphabetical order:
Abandoned personal wireless service.facility shall mean a PWSF that meets the
following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or,
(2) The effective radiated power of an antenna has been reduced by 75 percent for a
period of 60 or more consecutive days; or,
(3) The antenna has been relocated at a point less than 80 percent of the height of the
support structure; or,
(4) The number of transmissions from an antenna has been reduced by 75 percent for
a period of 60 or more consecutive days.
Cell-on-Wheels (C-O-W) shall mean a mobile temporary personal wireless service
facility.
Temporary Personal Wireless Service Facility shall mean a personal wireless service
facility which is to be placed in use for a limited period of time, is not deployed in a permanent
manner, and does not have a permanent foundation.
EXHIBIT A
PAGE I Sa
DR.4FT ORDINANCE NO. 99- , PAGE 2 November 30, 1999
DRAFT
Section 3. Section 22-614 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-614. Personal wireless service facility.
The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FiRST, read down to find usc.,, THEN, ac~o~ for REGUlaTIONS
USE L S.~QUa~ED YARDS
A
T ZONE
N
S SPECIAL REGULATIONS AND NOTES
above t~e exi~inR slmc'mm~ p]m any heist granled und~ Chapte~ 22 -967(b)
DRAFT
Section 4. Section 22-649 of the Federal Way City Code is hereby amended to read as follows:
See. 22-649. Personal wireless service facility.
The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G D[RECTIONS: FIRST, read down to find use, , , THEN, across for REGULATIONS
USE L P. EQUiP. EV VAROS
A ZONE
T
0 I pt~.~a$ LOT FRONT SIDE REAR gOT- MAXIMUM LANDSCAPE SIGNS PARKING
N
$ SPECIAL REGULATIONS AND NOTES
Ox,.
PAGE 4 November 30, 1999
DRAFT
ORDINANCE
NO.
99-
DRAFT
Section 5. Section 22-681 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-681. Personal wireless service facility.
The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down to find use... THEN. across for II. EGULAI1ONS
USE L ~QUl~u YAP~DS
A ZONE
T
'-ri
]~k} DRAFT ORDINANCE NO. 99- PAGE 5 November 30, 1999
DR.4FT
Section 6. Section 22-700 of the Federal Way City Code is hereby amended to read as £ollows:
Sec. 22-700. Personal wireless service facility.
The following uses shall be permitted in the professional office (PO) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIR. ST, read down to find usc... THEN, across for REGULATIONS
U'
USE L ~UIP. EO YARDS
A]
T ZONE
o ~.~e,s ~o~ ~ ~^~"~ PO
N
S SPECIAL REGULATIONS AND NOTES
DR~IFT ORDINANCE NO. 99- , PAGE 6 November 30, 1999
DRAFT
Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-730. Personal wireless service facility.
The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
USE L gEQUIRED yARDS
A ZONE
T BN
N SPECIAL REGULATIONS AND NOTES
S
DRAFT
Section 8. Section 22-762 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-762. Personal wireless service facility.
The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
R
E USE ZONE CHART
G DIRECTIONS: FIRST, read down to find use... THEN, acro~ for REGULATIONS
USE L REQUIRED YAI~DS
A
T ZONE
{~ MAXIIvlUM LANDSCAPE SIGNS PARKINI BC
N
S SPECIAL REGULATIONS AND NOTES
'~ DP~IFT ORDINANCE NO. 99- , PAGE 8 November 30, 1999
DRAFT
Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-802. Personal wireless service facility.
The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, r~ad down to find use,,. THEN, across for REGULATIONS
USE L ~QUIS. ED VAt. DS
A, ZONE
x CC-C
N
S SPECIAL REGULATIONS AND NOTES
O ~ November 30, 1999
"~ DRAFT ORDINANCE NO. 99- , PAGE 9
DR/tFT
Section 10. Section 22-817 o£ the Federal Way City Code is hereby amended to read as £ollows:
Sec. 22-817. Personal wireless service facility.
The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section:
R
E USE ZONE CHART
G DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
USE L ~,l~QVn~o
A
? ZONE
o ~o~c. LOT ~o~ s,oE '~*~ ........ .~,O.T CC F
N
s SPECIAL REGULATIONS AND NOTES
......... For deve. kn~q slt~. the ~back ~mulr~m~nt~ ah~dl be tho~ of ~lle onncand tm: of the subiect
'~RAFT ORDINANCE , November 30, 1999
NO.
99-
PAGE
10
DRAFT
Section 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-835. Personal wireless service facility.
The following uses shall be permitted in the office park (OP, OPI--4) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down lo find us~... THEN, acr~s for REGLrL~TIONS
U ~s
USE L REQU1R~D yARDS
A ZONE
T OP OP1 4
~ --
~ MAXIMUM LANDSCAPE SIGNS pARKING
N
S SPECIAL REGULATIONS AND NOTES
O'
~P~IFT ORDINANCE NO. 99- , PAGE 11 November 30, 1999
DRAFT
Section 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-871. Personal wireless service facility.
The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
USE L I~EQUI~.~ Ym.~s
A
T ZONE
~ MAXIMLFM LANDSCAPE s,cNs ,,~,No BP
N
S SPECIAL REGULATIONS AND NOTES
D~,~ ORDINANCE NO. 99- ~ PAGE 12 November 30, 1999
DRAFT
Section 13. Section 22-906 o£the Federal Way City Code is hereby amended to read as £ollows:
Sec. 22-906. Personal wireless service facility.
The following uses shall be permitted in the corporate park (CP-1 ) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
(~ DIKECTIONS: FIRST, read down to find use... THEN. across for REGULATIONS
USE L g~Qva~o YngOs
A ZONE
T
0 , ~ LOT ~RO~TS,OE~,~ ~ "~ ~,~SC~ES~ON~ ~o CP-I
N
S SPECIAL REGULATIONS AND NOTES
DRAFTORDINANCE NO. 99- , PAGE 13 November 30, 1999
DRAFT
Section 14. Section 22-966 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-966. Personal wireless service facilities (PWSF).
(a) Purpose. This section addresses the issues of location and appearance associated with
personal wireless service facilities. It provides adequate siting opportunities through a wide
range of locations and options which minimize safety hazards and visual impacts sometimes
associated with wireless communications technology. The siting of facilities on existing
buildings or structures, collocation of several providers' facilities on a single support structure,
and visual mitigation measures are required, unless otherwise allowed by the city, to maintain
neighborhood appearance and reduce visual clutter in the city.
(b) Definitions. Any words, terms or phrases used in this section which are not otherwise
defined shall have the meanings set forth in section 22-1 of this Code.
(c) Exemptions. The following antennas and facilities are exempt from the provisions of
this section and shall be permitted in all zones consistent with applicable development standard~
as outlined in the Use Zone Charts, Article XI, District Regulations:
(1) Wireless communication facilities used by federal, state, or local public agencies
for temporary emergency communications in the event of a disaster, emergency
preparedness, and public health or safety purposes.
(2) Industrial processing equipment and scientific or medical equipment usinE
frequencies regulated by the FCC; provided such equipment complies with all
applicable provisions of Section 22-960, Rooftop Appurtenances, and Chapter 22,
Article XIII, Division 5, Height.
(3) Citizen band radio antennas or antennas operated by federally licensed amateur
("ham") radio operators; provided such antennas comply with all applicable
provisions of Section 22-960, Rooftop Appurtenances, and Chapter 22, Article
XIII, Division 5, Height.
(4) Satellite dish antennas less than two meters in diameter, including direct-to-home
satellite services, when used as a secondary use of the property; provided such
antennas comply with all applicable provisions of Section 22-960, Rooftop
Appurtenances, and Chapter 22, Article XIII, Division 5, Height.
(5) Automated meter reading (AMR) facilities for the purpose of collecting utili .ty
meter data for use in the sale of utility services, except for whip or other antennas
greater than two (2) feet in length; provided the AMR facilities are within the
scope of activities permitted under a valid franchise agreement between the utility
service provider and the city.
DRAFT
(6) Routine maintenance or repair of a wireless communication facility and related
equipment excluding structural work or changes in height, dimensions, or visual
impacts of the antenna, tower, or buildings; provided that compliance with the
standards of this chapter are maintained.
(c)(d) Prioritized locations. The following sites shall be the required order of locations
for proposed PWSFs, including antenna and equipment shelters, _ ............ ~ ............... ~
~-~ r .............. In .~ ....... ~, proposing a PWSF in a particular location, the applicant shall
analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and
document, to the city's satisfaction, why a locationing the PWSF in each higher priority location
and/or zone is not being proposed. In order of preference, b~ed an ........... + ~.c r~.a.:u~,
the ..... prioritized locations for PWSFs are as follows:
(1) Structures located in the BPA trail: A PWSF may be located Oon any existing
support structure currently located in the easement upon which are located U.S.
Department of Energy/Bonneville Power Administration ("BPA") Power Lines
regardless of underlying zoning.
(2) Existing broadcast, relay and transmission towers: A PWSF may be located Oon
any existing site or tower where a legal wireless telecommunication facility is
currently located regardless of underlying zoning. If an existing site or tower is
located within a one mile radius of a proposed PWSF location, the applicant shall
document why collocation on the existing site or tower is not being proposed,
regardless of whether the existing site or tower is located within the iurisdietion of
the city.
(3) Publicly-usedstructures: If the city consents to such location, ag~,e~a~Lto a PWSF
may be located on existing public facilities within all zoning districts, such as
water towers, utility structures, fire stations, bridges, and other public buildings
..a,~.:-...--.. ~..~ -v.....~,~"";~ ~.s~e~, provided the public facilities are not located within
public rights-of-way.
(4) Appropriate ~business, commercial~ and city center zoned sites: 8~aee'~es er
may be located on private buildings or structures within appropriate business,
commercial~ and city center zoning districts. The preferred order of zoning
districts for this category of sites is as follows:
BP--Business Park
CP- 1--Corporate Park PAG E- -t O-F 30
OP through OP-4--Office Park
DRAFT ORDINANCE NO. 99- _, PAGE 15 November 30, 1999
DRAFT
CC-C--City Center Core
CC-F--City Center Frame
BC--Community Business
(5) Appropriate public rights-of-way: For the purposes of this section, appropriate
public rights-of-way shall be defined as including those public rights-of-way with
functional street classifications of principal arterial, minor arterial~ and principal
collector. A PWSF may be located on existing structures in appropriate public
rights-of-way. Structures proposed for location of PWSFs shall be separated by at
least 330 linear feet. Within any residential zone, Neighborhood Business (BN)
zone, or Professional Office (PO) zone, :l:there shall be no more than one PWSF
located on an existing structure. Existing structures in appropriate public rights-
of-way shall not be eligible for submittal of a use process application for
placement ora PWSF for one year from the date of the completion of construction
or alteration. Location ora PWSF on an existing structure in an appropriate public
right-of-way shall require a right-of-way permit in addition to the required use
process approval.
The preferred order of functional street classifications for this category of sites is
as follows:
Principal Arterial
Minor Arterial
Principal Collector
If the PWSF is proposed to be located in an appropriate public right-of-way and
the surrounding uses or zoning are not the same, that portion of the right-of-way
with the most intensive use and/or zoning shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and
surrounding uses or zoning are the same, the preferred location shall be that
portion of the right-of-way with the least adverse visual impacts.
(5)(6) If the applicant demonstrates to the city's satisfaction that it is not technically
possible to site in a prioritized location, the city reserves the right to approve
alternative site locations if a denial would be in violation of the 1996
Telecommunications Act, as determined by the city.
A._---
DRAFT
Sec. 22-967. Development Standards
(d x n~,..~ ..... , ~,,,-d~r~~. The following development standards shall be followed in
the design, siting, and construction of a personal wireless service facility.
te ....... ~ ~._ des:g:'., --
(72-)(a) Building or structure mounted PWSFs not located in the public right of w~. .
PWSFs mn~' be mounted on ~ existing buildings and structures pot located in a
public right-of-way ~hall conform to the following development standards
(1) The PWSF shall consist only of the following types of facilities:
a. ~ A microcell or a minor facility; or,
b. A PWSF that exceeds the minor facility thresholds for number of
antennas; dimensions, and/or area, but creates no more adverse impacts
than a minor facility, as determined by the director of community
development services, subject to meeting all of the following staudards:
i. The facility shall not create substantially more adverse visual
impact than a minor facility; and,
ii. The equipment cabinet for the PWSF shall meet all requirements
of FWCC 22-967(e); and~
iii. The maximum size of the PWSF panels and number of antennas
shall be determined by the director of community development
services, based on the specific project location, surrounding
environment, and potential visual impacts; and,
iv. The PWSF shall comply with all other applicable standards of the
FWCC.
b,. (2) The combined antennas add supporting structure sh~! .".et may extend mol~than
up to, but not exceed, 15 feet above the existing or proposed roof or other
structure regardless of whether the existing structure is in conformance with the
DRAFT ORDINANCE NO. 99- ,PAGE 17
PAGE
DRAFT
existing maximum height of the underlying zone as outlined in the Use Zone
Charts, Article XI, District Regulations. Antennas may be mounted to rooftop
appurtenances provided they do not extend beyond 15 feet above the roof proper.
~. (3) The antennas are mounted on the building or structure such that they are located
and designed to minimize visual and aesthetic impacts to surrounding land uses
and structures and shall, to the greatest extent practical, blend into the existing
environment pursuant to Section 967(d). Panel and parabolic antennas shall be
oomplotedy screened from residential views and public rights-of-way unless
meeting the provision of section 22-960(b)(2).
(b) PWSFs located on structures within appropriate public rights-of-wc02. These
facilities shall conform to the following development standards:
(1) The PWSF shall consist only of the following types of facilities:
a. 'rh~m~7$v .... ;~*~ faA ic llora ino fa ility;or,
................. o m roce m r c
b. A PWSF that exceeds the minor facility thresholds for number of
antennas, dimensions, and/or area, but creates no more adverse impacts
than a minor facility, as determined by the director of community
development services, subiect to meeting all of the following standards:
i. The facility shall not create substantially more adverse vis,al
impact than a minor facility; and,
ii. The equipment cabinet for the PWSF shall meet all requirements
of FWCC 22-967(e) and FWCC 22-967(0; and,
iii. The maximum size of the PWSF panels and number of antenna~
shall be determined by the director of community development
services, based on the specific pmiect location, surrounding
environment, and potential visual impacts; and,
iv. The PWSF shall comply with all other applicable standards of the
FWCC.
(2) The combined antennas may extend up to, but not exceed~ 15 feet above the
existing structure. This distance may be increased by the minimum necessary
additional height to meet the safety clearances required by the operator of the
existing structure. The antenna extension may be permitted regardless of whether
the existing structure is in 'conformance with the maximum height of the
underlying zone as outlined in the Use Zone Charts, Article XI, District
Regulations.
.... h
/>RAFT ORDINANCE NO. 99- ,PAGEI8
PAGE t y OF_~4J~vCmber 30'1999
DRAFT
(3) The antenn~q shall be mounted on the structure such that they are located and
designed to minimize adverse visual and aesthetic impacts to surrounding land
uses and structures and ~hall, to the greatest extent practical, blend into the
existing environment pursuant to Section 967(d).
(4) Structures in appropriate public rights-of-way proposed for location of PWSFs
shall be separated by at least 330 linear feet.
(5) Required setbacks ~hall not pertain to PWSFs within public fights of ways, or
e~uipment enclosures located underground on properties adiacant to the public
right of way. Within residential zones, eaui~ment enclosures located above
ground on properties adiacent to the ~ublic right of way shall meet all annlicable
setback requirements for residential development of the underl¥in~ zone. For
developed sites in non-residential zones, the setback reauirements for the
equipment enclosure shall be those of the nrincinal use of the subiect oronertv.
For undeveloped sites in non-residential zones, the setback requirements for the
equipmem enclosure shall be 20 feet for front, side, and rear yards.
(-3-) c~ New free st~[ng PWEFs New free-standing PWSFs. These structures shall
conform to the following site development standards:
Placement of a freestanding PWSF shall be denied if placement of the antennas
on an existing structure can meet the applicant's technical and network location
requirements.
Monopoles shall be the only free-standing structures allowed in the city; except
that a lattice tower may be used to accommodate the collocation of four or more
providers as part of a joint permit application.
In no case ~hall a free-standing PWSFs be located closer than 500 feet to an
existing free-standing PWSF whether it is owned or utilized by the applicant or
another provider.
c~ A free-standing PWSF, including the support structure and associated electronic
equipment, shall comply with all required setbacks of the zoning district in which
it is located. For developed sites, the setback requirements shall be those of the
principal use of the subiect property. For undeveloped sites, the setback
requirements for new free-standing PWSFs ~hall be 20 feet for front, side, and
rear yards.
Free-standing PWSFs shall be designed and placed on the site in a manner that
takes maximum advantage of existing trees, mature vegetation, and structures so
as
DRAFT
~a_. Use existing site features to screen as much of the total PWSF as possible
from prevalent views; and/or
g.b. Use existing site features as a background so that the total PWSF blends
into the background with increased sigkt distances.
In reviewing the proposed placement of a facility on the site and any associated
landscaping the city may condition the application to supplement existing trees
and mature vegetation to more effectively screen the facility.
Support structures, antennas, and any associated hardware shall be painted a
nonreflective color or color scheme appropriate to the background against which
the PWSF would be viewed from a majority of points within its viewshed. The
gproposed color or color scheme to shall be approved by the hearing examiner or
community development director ~ aFprcp~ate t~ *&e pr~gess.
(d) Screening standards for all PWSFs. PWSFs shall be screened or camouflaged
through employing the best available technology and design, as determined by
the city. This may be accomplished by use of compatible materials, location}
landscaping, color, stealth techniques such as, but not limited to, artificial trees
and hollow flag poles, and/or other methods or techniques to achieve minimum
visibility of the facility as viewed from public streets or residential properties. In
addition, the provisions for landscaping as outlined in the Use Zone Charts,
Article XI, District Regulations, shall apply.
(4-) e~ Standards for electronics equipment enclosures.
shall be the required order of locations for proposed electronic equipment
enclosures for all PWSFs. In proposing an equipment enclosure in a particular
location, the applicant shall analyze the feasibility of locating the proposed
equipment enclosure in each of the higher priority locations and document, to the
city's satisfaction, why a locating the equipment enclosure in each higher priority
location is not being proposed. In requesting a lower priority location for the
equipment enclosure, the burden of demonstrating impracticability shall be on the
applicant. In order of preference, the prioritized locations for equipment
enclosures are as follows:
(a) Equipment enclosures shall be placed tmderground
(b) Equipment enclostlres shall be placed in an existing completely enclosed
building.
DRAFTORDINANCENO. 99- ,PAGE20[~P-x.~~%/¢'~[~: O~ Ct~NOvember 30,1999
DRAFT
(c) Equipment enclosures shall be placed above ground in an enclosed cabinet
that shall not exceed six feet in height and occupy more than 48 square
feet of floor area, including areas for maintenance or future expansion.
(d) Equipment enclosures shall be placed above ground in a new completely
enclosed building.
~(2) If above ground,-ssr-~miag-~-P33ggF~quipment enclosures shall ..... ;a,,a
screened with one or a combination of the following m ....... methods, which
~shall be acceptable to the city: fencing, walls, landscaping, structures,
buildings or topography which will block the view of the equipment enclosure as
muzh ~ to the greatest extent possible from any street and/or adjacent propertie%
as determined by the director of community development services. Screening may
be located anywhere between the enclosure and the above mentioned viewpoints.
Landscaping for the purposes of screening shall be maintained in a healthy
condition, as determined by the city.
(3) E×::7: ~ ...... : .... + ~ ....... : .... ,.,;..;~*o ~r .......... , ........ ~,, '-~
,~..+~ ~..,.;~n ^r ..... :.~ ...u.., ...... Eauinment enclosures located
underground shall be exemnt from setback reauirements of the underlvin~ zone.
In residential zones, equipment enclosures located above ~,round shall meet all
applicable setback requirements for residential develooment of the underlvin~
zone. For developed sites in non-residential zones, the setback reauirements tor
the equipment enclosure ~hall be those of the orincinal use of the subject Drooertg.
For undeveloped sites in non-residential zones, the setback reauirements for the
equipment enclosure shall be 20 feet for front, side. and rear yards.
{4) If the equipment cabinet is located within a new completely enclosed building, the
building ahall conform to all applicable development standards and design
guidelines for the underlying zone. The completely enclosed building shall be
architecturally designed and ahall be compatible with existing buildings on the
site. The completely enclosed building shall be screened to the greatest extent
possible from any street and/or adiacent properties by landscaping and/or
topography.
(f) Additional standards for equipment enclosures.for PWSFs located on structures
within appropriate public rights-of-wcoc
(1) The following .qhall be the required order of locations for proposed electronic
equipment enclosures for PWSF located within public fights-of-way. In proposing
an equipment enclosure in a particular location, the applicant shall analyze the
feasibility of locating the 15roposed equipment enclosures in each of the higher
priority locations and document, to the city's satisfaction, why a locating the
equipment enclosure in each higher priority location is not being proposed. In
, November 30, 1999
PAGE
DRAFT
requesting a lower priority location for the equipment enclosure, the burden of
demonstrating impracticability shall be on the applicant. In order of preference,
the prioritized locations for equipment enclosures are as follows:
(a) Electronic equipment enclosures shall not allowed within the right-of-way
in residential zones, Neighborhood Business (BN) zones or Professional
Office (PO) zones.
(a) r~) Equipment enclosures shall be placed underground on an adjacent
property outside of the public right-of-way.
(Jo) (~ Equipment enclosures shall be placed above ground on an adjacent
property outside of the public right-of-way in an existing completely
enclosed building.
(o) (fi) Equipment enclosures shall be placed above ground on an adiacent
property outside of the public right-of-way in an enclosed cabinet that
shall not exceed six feet in height and occupy more than 48 square feet of
floor area, including areas for maintenance or future expansion.
(d-) (~) Equipment enclosures shall be placed above ground on an adjacent
property outside of the public right-of-way in a new completely enclosed
building.
¢0 Lfl Equioment enclosures shall be placed underground within the public right-
of-way.
gl} LO Equipment enclosures shall be vlaced above ground within the public
right-of-way in an enclosed cabinet that shall not exceed six feet in height
and occupy more than 24 square feet of floor area, including areas for
maintenance or future expansion.
(2) Eaui~ment enclosures located undemround on nrooerties adjacent to the oublic I
right of way shall be exemot from setback reauirements of the underlying zone.
(3) In residential zones e ui merit enclosures located a ove roun on ro erties
adjacent to the oublic right of way shall meet all aoolicable setback reauirements
for residential development of the underlvine zone. For developed sites in non-
residential zones, the setback reauirements for the equipment enclosure shall be
those of the orincioal use of the subiect oropertg. For undeveloped sites in non-
residential zones, the setback reauirements for the equipment enclosure shall be
20 feet for front, side, ancf rear yards.
PAGE 2 z
DP~IFT ORDINANCE NO. 99- ., PAGE 22 November 30, 1999
DRAFT
(4) Equipment enclosures shall be designed, located, and screened to minimize
adverse visual impacts from the public right-of-way and adjacent properties.
(5) Equipment enclosures shall be designed, located, and screened to minimize
adverse visual and functional impacts on the pedestrian environment.
(6) Equipment enclosures and screening shall not adversely impact vehicular sight
distance.
(-5-)(g) Security Fencing.
,..;,., r~..~;,.,. :.,'..,,.,~ .,~,,.n :cr£e..~.. tc +..he fc!!c;;Sng:
SCCll. --a ........ o, ...... , ......
No fence shall exceed six feet in height as stipulated in section 22-1133(5).
Security fencing shall be effectively screened from view through the use of
appropriate landscaping materials.
~ Chain-link fences shall be painted or coated with a nonreflective color.
(tO(h) Cumulative Effects. The city shall consider the cumulative visual effects of
PWSFs mounted on existing structures and/or located on a given permitted site in determining
whether the additional permits :an may be granted so as to not adversely effect the visual
character of the city.
(7)0) $ignage. No wireless equipment shall be used for the purpose of mounting signs
or message displays of any kind, except for signs used for identification and name of provider.
(4)0) Use zone charts, height and permit process.
(1) The final approval authority for applications made under this section shall be
defined by the appropriate permit process as outlined in the Use Zone Charts,
Article XI, District Regulations.
(2) Allowed heights shall be established relative to appropriate process as outlined in
the Use Zone Charts, Al~icle XI, District Regulations.
EXHIBIT,, ,6
PAGE a
DR. dFT ORDINANCE NO. 99- , PAGE 23 November 30, 1999
DRAFT
Sec. 22-968. Nonconformance.
Permit applications made under this section to locate a PWSF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 22, Article
Nonconformance~ to bring the property into conformance as follows:
(a) To provide the public improvements required by Chapter 22, Article XVI,
Improvements, as stipulated in Section 22-336.
(b) To bring the property into conformance with the development regulations
prescribed in Chapter 21 relating to water quality as stipulated in Section 22-337(a)(7). All other
requirements of Section 22-337 to bring the property into conformance with the development
regulations prescribed in Chapter 21 relating to water quality shall apply.
Section 22-969. Temporary Personal Wireless Service Facilities.
As determined by the director of community development services~ a temporary personal
wireless service facility, or cell-on- wheels, may be deployed and operated as follows:
(a) For a period of 90 days during the construction of a free-standing PWSF which
has been approved through the appropriate permit process; provided that the temporary personal
wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which
was approved through the appropriate permit process. Only one temporary personal wireless
service facility or cell-on- wheels shall be permitted for a single site.
(b) For a period of 30 days during an emergency declared by the ci .ty, state, or federal
government that has caused a free-standing PWSF which has been approved through the
appropriate permit process to become involuntarily non-operational; provided that the temporary
personal wireless service facility or cell-on-wheels creates no more adverse impacts than the
PWSF which was approved through the appropriate permit process.
(c) Prior to installation of the temporary PWSF, the applicant shall provide the city
with a cash bond in an mount to be determined by the director of community development
services in order to guarantee performance of future removal and restoration of the site.
Section 22-970. Application Requirements.
(g)-.~r..v-..v..~-''t;''''''; ........ ~.~_..; ..... ~...~...~.'" (a) Except for Temporary Personal Wireless Facilities,
gpermit applications made under this section shall include the following minimum information
in addition to that required for the underlying permit review process:
(1) A diagram or map showing the primary viewshed of the proposed facility.
/~ ~ BTovember 30, 1999
99- PAGE a -
DRAFT
(2) Photosimulations of the proposed facility from effected properties and public
rights-of-way at varying distances.
(3) Architectural elevations of proposed facility and site.
(4) A coverage chart of the proposed PWSF at the requested height and an
explanation of the need for that facility at that height and in that location. The
explanation shall include an analysis of ........................... ~ ......
...... r ..................r .................the feasibility of locating the
proposed PWSF in each of the higher priority locations as identified in Section
22-966(d), and documentation of why locating the PWSF in each higher priority
location and/or zone is not being proposed.
(5) An inventory of other PWSF sites operated by the applicant or other providers
*h~* .... ;*~°~ ~.n ~e c'~B' er v~thin a_one mile ............ radius of the proposed
PWSF location, including specific information about location, height, and design
of each facility.
(6) A site/landscaping plan showing the specific placement of the PWSF on the site;
showing the location of existing structures, trees, and other significant site
features; and indicating type and locations of plant materials used to screen PWSF
components.
(7) If the PWSF electronic equipment cabinet is proposed to be located above ground,
regardless of the proposed location, whether on private or public property or
within public right of way~ an explanation of why it is impracticable to locate the
cabinet undergrouund.
(8) If the equipment cabinet is proposed to be located in a public right-of-way, an
explanation of why it is impracticable to locate the equipment cabinet on adiacent
property, outside the public right-of-way. If the PWSF is located on an existing
structure in an appropriate public right of way, a copy of all anDlicable easements
for placement and maintenance of the equipment enclosure on an adjacent
property outside of the nubl.ic rimht of way.
(7)(9) Documentation of efforts to collocate on existing facilities.
~..j~ 10) Other information as deemed necessary by the community development director.
(b) Permit applications for Temporary Personal Wireless Service Facilities shall
include the following minimum information:
(1) Documentation of previously permitted facility.
DRAFTORDINANCENO. 99- -,"^°""PAGE ~ S C}II-:-'~O November 30,1999
DRAFT
(2) Site plan showing proposed location of temporary facility in relationship to the
location of the previously permitted facility and property boundaries, including
dimensions from the property lines and height of proposed facility.
(3) Photographs of the proposed facility.
Section 22-971. Collocation.
(1)(a) A permittee shall cooperate with other PWSF providers in collocating additional
antenna on support structures and/or on existing buildings and sites provided said proposed
collocatees have received a permit for such use at said site from the city. A permittee shall allow
other providers to collocate and share the permitted site, provided such shared use does not give
rise to a substantial technical level impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised
good faith in accommodating a new applicant, the city may require a third party technical study
at the expense of the permittee. Failure to comply with this provision may result in a revocation
of the permit.
(-2-)(b) A signed statement indicating that the applicant agrees to allow for the potential
collocation of additional PWSF equipment by other providers on the applicant's structure or
within the same site location shall be submitted by the applicant as part of the permit application.
If an applicant contends that future collocation is not possible on their site, they must submit a
technical study documenting why.
(c) Collocation requirements shall not annlv to PWSFs located on existing structures
in a~roDriate public ri~,hts-of-wav within residential zones, Neighborhood Business (BN) zones
and Professional Office (PO/zones
Section 22-972. EMF Standards and Interference.
(1)(a) The applicant shall comply with federal standards for EMF emissions. Within six
months after the issuance of its operational permit, the applicant shall submit a project
implementation report which provides cumulative field measurements of radio frequency (EMF)
power densities of all antennas installed at the subject site. The report shall quantify the EMF
emissions~ ='.d compare the results with established federal standards~ and provide a statement
that the EMF emissions are within established federal standards. Said report shall be subject to
review and approval of the city for consistency with the project proposal report and the adopted
federal standards. If on review, the city finds that the PWSF does not meet federal standards, the
,,~,'o,~,,,^$,::,~,,,o.,,,,- '~""~' OF ,.~0 November30,1999
DRAFT
city may revoke or modify the permit. The applicant shall be given a reasonable time based on
the nature of the problem to comply with the federal standards. If the permit is revoked, then the
facility shall be removed.
(-2-)(b) The applicant shall ensure that the PWSF will not cause localized interference
with the reception of area television or radio broadcasts or the functioning of other electronic
devices. If on review of a registered complaint the city finds that the PWSF interferes with such
reception, the city may revoke or modify the permit. The applicant shall be given a reasonable
time based on the nature of the problem to correct the interference. If the permit is revoked, then
the facility shall be removed.
Section 22-973. Removal of Faeili .ty.
(~) F-_ci!iO, removal.
(4-)(a) Abandonment and removal. The owner or operator of a PWSF shall provide the
city with a copy of the notice of intent to cease operations required by the FCC at the time it is
submitted to the FCC. Additionally, zig_the owner or operator of a PWSF shall notify the city in
writing upon of the diszenfinued use abandonment of a particular facility within 30 days of the
date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner
within 90 days of the date the s~.te's use ~.s d~.szznfinued PWSF is abandoned,
vr .......... , the permit is revoked, or ~fthe facility falls into disrepair and is not maintained, as
determined by the city. Disrepair includes structural features, paint, landscaping, or general lack
of maintenance which could result in adverse safety or visual impacts. If there are two or more
users of a single tower, then the city's right to remove the tower shall not become effective until
all users abandon the tower.
(b) Partial abandonment and removal. If the abandoned antennas on any PWSF are
removed or relocated to a point where the top 20 percent or more of the height of the supporting
structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or
operator of any partially abandoned PSWF shall notify the city in writing of the partial
abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned.
The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate
another service on the PWSF. If another service provider is not added to the PWSF within the
allowed 120 day collocation period, the owner shall in 210 days of partial abandonment~
dismantle and remove that portion of the supporting structure which exceeds the point at which
the highest operational antenna is mounted.
(-2--)(c) Removalandlien. Ifthe provider fai,s to remove the abandoned or partiaily
abandoned facility upon OO 210 days of its '~iszenfinued ~e abandonment or partial
abandonment, the responsibility for removal falls upon the property owner on which the
abandoned or partially abandoned facilit~ has-l~m is located ......
DRAFTORDINANCENO. 99- ,P^GE 27E!XH" B"%'~ ~jovember 30, 1999
PAGE OF'
DRAFT
~;fl~ e .... ,,, ~ .... ~ ~m~ ~e ci~ may enforce ~is p~agmph using ~e proced~es ~ set
foah in FWCC, ~icle 3, Section 1-14.
Section 22-974. Permit Limitations.
~ Permit limitations.
~ A pemit for a PWSF shall expire ten ye~s aRer ~e effective date of~e pe~it
approvfl, unless e~lier revoked by the ciW. A pe~i~ee wishing to continue ~e use of a specific
PWSF at ~e end of~e ten-ye~ period must apply for ~ application to continue ~at use at le~t
six months prior to its expiration. The renew~ application shill comply M~ fll applicable laws
~d regulations dictating new pemit issu~ce. In ruling on s~d renew~ ~e ciW shill consider
all then existing regulations effecting ~e application ~at ~e appropriate to ~e tec~ology ~d
USe.
¢)(b) Five ye~s ~er ~e date zf~he zity's _~ .... effecUve date of~e l~d use
process approval of a PWSF~ ~e pe~i~ee or ~signee shall submit a ~iRen statement
sm~izing its c~ent use ~d pl~s, if ~y, for that hcility/site for ~e next five ye~s to ~e
best of their ~owledge.
~ Consistent with ~e provisions of Section 22-408, ~ approved pemit for a
PWSF shall be valid for one ye~ ~om the date ef~he c~"s ~rr .... effecUve date of~e use
process approval, wi~ oppo~iW for a one-ye~ extensxon. If ........ a bmldxng pe~it
applicmion is not received wi~in one ye~ of~e effective date of~e use process approve, or
wi~in ~e extension period, ~e pe~[t use process approv~ sh~l become null ~d void.
Section 22-975. Revocation of Permit.
~ ............. ~ ~ ........ A pe~it issued ~der ~is ~icle may be revoked, suspended or
denied for ~y one or more of~e follo~ng repons:
~ F~l~e to comply M~ ~y feder~, state or local laws or regulations;
~b) Faille to comply wi~ ~y of~e terns ~d conditions imposed by the ciW on ~e
issu~ce of a pe~it;
~ ~en ~e ~mit w~ proceed by fraud, f~se representation, or omission of
materi~ facts; ,~ ~ B ~T ..... ~- ....
~F~O~ANCE NO. 99- , PAGB 28 No~ember 30, ]999
DRAFT
(4¢(_~ Failure to cooperate with other PWSF providers in collocation efforts as required
by this article;
xoj(e) Failure to comply with federal standards for EMF emissions; and
(5)LO_ Failure to remedy localized interference with the reception of area television or
radio broadcasts or the functioning of other electronic devices.
(7)(g) Pursuant to Section 22-7(c), the city, as the applicant? shall use the same process
to determine if the permit shall be revoked as it used to grant the permit.
Section 15. Section 22-1473 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1473. When public improvements must be installed.
(a) The applicant shall provide the improvements required by this article if the
applicant engages in any activity which requires a developmem permit, except for the following:
(1) The applicant need not comply with the provisions of this article if the proposed
improvements in any 12-month period do not exceed 25 percent of the assessed or
appraised value (based on an MAI appraisal provided by the applicant) of all
structures on the subject property, whichever is greater.
(2) The applicant need not comply with the provisions of this article if, within the
immediately preceding four years, public improvements were installed as part of
any subdivision or discretionary land use approval under this or any prior zoning
code.
(3) The applicant need not comply with the provisions of this article if the proposal is
to locate a Personal Wireless Services Facility (PWSF) on the subiect property.
(b) Right-of-way adjacent to and within subdivision and short subdivisions must be
dedicated and improved consistent with the requirements of this article, unless different
requirements are imposed by the city as part of the subdivision or short subdivision approval.
Section 16. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its
application to other persons or circumstmlces.
..
PAGE g'L 'L 3o
DRAFT ORDINANCE NO. 99- , PAGE 29 November 30, 1999
DRAFT
Section 17. Effective Date. This ordinance shall take effect and be in force five (5) days
after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City
Council on the day of ., 1999.
APPROVED:
RON GINTZ, MAYOR
ATTEST:
N. CRISTINE GREEN, CITY CLERK
APPROVED AS TO FORM:
LONDI K. LINDELL, CITY ATTORNEY EXH ! B IT----~
PAGE gO' OF ~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
DRAFT ORDINANCE NO. 99- , PAGE 30 November 30, 1999
DRAFT
CITY OF FEDERAL WAY
ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE
FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND
DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR
PERSONAL WIRELESS COMMUNICATION FACILITIES
WHEREAS, Section 704 of the Federal Telecommunications Act of 1996 preserves local
zoning authority over decisions regarding the placement, construction, and modification of
perSonal wireless service facilities, provided that regulation not discriminate among providers of
functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of
personal wireless services; and,
WHEREAS, the Federal Telecommunications Act of 1996 and RCW 80.36.375 restricts
and partially preempts a city's authority to regulate personal wireless service facilities; and,
WHEREAS, personal wireless services facilities comprise a rapidly growing segment of
the utilities and communications sector and have merit and value for the community and region
as a whole; and,
WHEREAS, personal wireless services facilities are supportive of the public health,
safety, and welfare in that they provide useful portable communication services for personal
convenience, business, and emergency purposes; and,
WHEREAS, the City of Federal Way is concerned that future decisions regulating the
siting and development of personal wireless services facilities, without appropriate standards and
review processes, may adversely effect the public health, safety, and welfare of residents of the
City of Federal Way; and,
WHEREAS, the City of Federal Way reviewed potential impacts from the Personal
Wireless Services Facilities Code Amendment Ordinance in compliance with the State
Environmental Policy Act; and,
WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will
implement and is consistent with the Fed?al Way Comprehensive Plan; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the
draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a
recommendation of approval to the City Council; and,
Dl~IFT ORDINANCE NO. 99- ,PAGE 1 E[XH~ ~' ~ ~ Augl~st 18, 1999
PAGE
DRAFT
WHEREAS, the City Council finds that the Personal Wireless Services Facilities Code
Amendment Ordinance is consistent with the intent and purpose of the Federal
Telecommunications Act of 1996 and RCW 80.36.375.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHiNGTON, IN
REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The purpose of this Ordinance is to amend the Federal Way City Code to
satisfy the following basic needs:
A. To provide appropriate standards and review processes for decisions regulating
the siting and development of personal wireless services facilities; and,
B. To be consistent with and implement the Federal Communications Act of 1996
and RCW 80.36.375.
Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate
the following definitions in alphabetical order:
Abandoned personal wireless service facili~ shall mean a PWSF that meets the
following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or,
(2) The effective radiated power of an antenna has been reduced by 75 percent for a
period of 60 or more consecutive days; or,
(3) The antenna has been relocated at a point less than 80 percent of the height of the
support structure; or,
(4) The number of transmissions from an antenna has been reduced by 75 percent for
a period of 60 or more consecutive days.
Cell-on-}Fheels (C-O-}F) shall mean a mobile temporary personal wireless service
facility.
Temporary Personal }Fireless Service Facilit~ shall mean a personal wireless service
facility which is to be placed in use for a.limited period of time, is not deployed in a permanent
manner, and does not have a permanent foundation.
DRAFT
Section 3. Section 22-614 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-614. Personal wireless service facility.
qFne following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIgECTIONS: FIRST, read down to find use,,, THEN, acros~ f~ REGULATIONS
USE L ~Q~
A ZONE
T
~ I Pr~ess LOT Fl~o~r s~£ ~ ~- ~xIM~ L^~SC~'E S~S ~^~z(mo SE
N
$ SPECIAL REGULATIONS AND NOTES
~PWSF) MIo.,.ed ~llowd ....
~ d~velopmeat regulali0ea At · minimum,-5~e~ i five {$) f~t Type Ill land.aping ~ sha]l be required ~tr0und
OR~FT ORDrNANCE NO. 99- ,PAGE 3 August 18, 1999
DRAFT
Section 4. Section 22-649 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-649. Personal wireless service facility.
The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, r~ad down to find use... THEN. ac.'n~a for REGULATIONS
ZONE
SPECIAL REGULATIONS AND NOTES
~'WSF) -- _ .
~ ~ ^,, o~,..~y. ,~ ,~.,i.~,~?ws~,.,~,~,,,,o~
~ O~ARCE NO. 99- , PAGE 4 August 18, 1999
DRAFT
Section 5. Section 22-681 o£the Federal Way City Code is hereby amended to read as follows:
See. 22-681. Personal wireless service facility.
The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down to find use... THEN, ncross for REGULATIONS
USE L REQUIRED YARDS
A ZONE
T
N
S SPECIAL REGULATIONS AND NOTES
DRAFT ORDINANCE NO. 99- ., PAGE 5 August 18, 1999
DRAFT
Section 6. Section 22-700 of the Federal Way City Code is hereby amended to read as follows:
See. 22-700. Personal wireless service facility.
The following uses shall be permitted in the professional office (PO) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, mad dmvn to find use.,. THEN, across for REGULATIONS
USE L ~QUIP~D Y~S
A ZONE
T
JJ I Process LOT FRONT SIDE REAR lsaT- MAXIMUM LANDSCAPE SIONS i PARKINg PO
0 size cc-,,~_,.cr
N
S SPECIAL REGULATIONS AND NOTES
DRAFTORDINANCE NO. 99- PAGE 6 August 18, 1999
DRAFT
Section 7. Section 22-730 oft_he Federal Way City Code is hereby amended to read as follows:
Sec. 22-730. Personal wireless service facility.
The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down lo find use... THEN. across for REGULATIONS
ZONE
BN
SPECIAL REGULATIONS AND NOTES
d~velopmem re~alation$. At · minimum. &aec ? five (5) foot Type II IJnd~apthj ~ sl?l ? required ~ar~u~nd the
D.I~IFT ORDINANCE NO. 99- , PAGE 7 August 18, 1999
DRAFT
Section 8. Section 22-762 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-762. Personal wireless service facility.
The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down to find use... THEN, acm~ for REGULATIONS
U ~mJ~s
USE L ~Qutmm v~u~os
A
T ZONE
~ I ~,~ LOT FRON* S'OE ~' ~,~ ~,~.T BC
~ MAXIMUM LANDSCAPE SIGNS P/~KING
O s~zs
N
s SPECIAL REGULATIONS AND NOTES
DRAFTORDINANCE NO. 99- , PAGE 8 August 18, 1999
DRAFT
Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-802. Personal wireless service facility.
The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, read down Io find use... THEN, acro~ for REGULATIONS
USE L R~QDIRED YARDS
A ZONE
T
CC-C
~ VIAXIMUM LANDSCAPE SIGNS PARKING
N
S SPECIAL REGULATIONS AND NOTES
5. N~ fiee-~tanain~ PWSFs are allowed mbiec~ to I~il~ht I!m~s and collo~a6o~ prov~io~ I~/$~. ~ al.meed oe
DR, AFT ORDINANCE NO. 99- ., PAGE 9 August 18, 1999
DRAFT
Section 10. Section 22-817 of the Federal Way City Code is hereby amended to read as £ollows:
Sec. 22-817. Personal wireless service facility.
The following uses shall bt permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section:
It USE ZONE CHART
E
G DIRECTIONS: FIll. ST, r~ad down to find use... THEN, a~ro$$ for KEGULATIONS
USE L ~d~O'da~ Y~S
T ZONE
s SPECIAL REGULATIONS AND NOTES
DR~IFT ORDINANCE NO. 99- , PAGE 10 August 18, 1999
DRAFT
Section 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-835. Persona! wireless service facility.
The following uses shall be permitted in the office park (OP, OP1--4) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIP*~CTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
USE L gI~QUIP,~D y~DS
A ZONE
T
~ ~ ~o~ LOT FROM ~,D~ ~ ~ ~X~.~ ~^~C~ ~,O~S ~O OP. OPl''4
N
S SPECIAL REGULATIONS AND NOTES
~ d~velopmenl ~lati°~ At ' minimum' ~'" five ($}f°°t TyPe III lan~ins m shall be required ar°~nd &.
DK4FTORD1NANCE NO. 99- , PAGE 11 August 18, 1999
DR,,IFT
Section 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-871. Personal wireless service facility.
The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section:
R
E USE ZONE CHART
G DIRECTIONS: FIRST, read down to find use... THEN, across for REGULttTIONS
USE L
A
T ZONE
U I
o ~.~ LOT ~o~ SID~ .~,~ ~ ~ L^~S~,~E S~ONS ~o BP
S SPECIAL REGULATIONS AND NOTES
m ~ ivT~PW~Fi~:ated~nan~ist~n8stmcmreina~Pr~riate~ub~i~right.`~f~waYandism~retha~5~
~'~-~ ~ 6~- A~ P~F sha~ be ~andacaped and scre~ned in acmrdance with Anic~¢ XV~ and t~e pr~visi~ns ~f t~e P~F
DR,4FT ORDINANCE NO. 99- PAGE 12 August 18, 1999
DRAFT
Section 13. Section 22-906 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-906. Personal wireless service facility.
The following uses shall be permitted in the corporate park (CP-I) zone subject to the regulations and notes set forth in this section:
R USE ZONE CHART
E
G DIRECTIONS: FIRST, r~ad down to find uae... THEN, across for REGULATIONS
USE L REQUnb~O YAROS
A ZONE
T CP-1
N SPECIAL REGULATIONS AND NOTES
S
personal See note &ce See~ose See See aee-ae~ Refer ~o Seenot¢&4 ~e N/^ ~,~'L:.!: I~or de'loped si~,~he ~'~b~'k nquin~ sh'llbeflmse °f~he princilt~l~.u~ °f~ ~J~
DRAFT ORDINANCE NO. 99- , PAGE 13 August 18, 1999
DRAFT
Section 14. Section 22-966 of the Federal Way City Code is hereby amended to read as
follows:
See. 22-966. Personal wireless service facilities (PWSF).
(a) Purpose. This section addresses the issues of location and appearance associated with
personal wireless service facilities. It provides adequate siting opportunities through a wide
range, of locations and options which minimize safety hazards and visual impacts sometimes
associated with wireless communications technology. The siting of facilities on existing
buildings or structures, collocation of several providers' facilities on a single support structure,
and visual mitigation measures are required, unless otherwise allowed by the city, to maintain
neighborhood appearance and reduce visual clutter in the city.
(b) Definitions. Any words, terms or phrases used in this section which are not otherwise
defined shall have the meanings set forth in section 22-1 of this Code.
(c) Exemptions. The following antennae and facilities are exempt from the provisions of
this section and shall be permitted in all zones consistent with applicable development standards
as outlined in the Use Zone Charts, Article XI, District Regulations:
(1) Wireless communication facilities used by federal, state, or local public agencies
for temporary emergency communications in the event of a disaster, emergency
preparedness, and public health or safety purposes.
(2) Industrial processing equipment and scientific or medical equipment using,
frequencies regulated by the FCC; provided such equipment complies with all
applicable provisions of Section 22-960, Rooftop Appurtenances, and Chapter 22,
Article XIII, Division 5, Height.
(3) Citizen band radio antennae or antennas operated by federally licensed amateur
("ham") radio operators; provided such antennae comply with all applicable
provisions of Section 22-960, Rooftop Appurtenances, and Chapter 22, Article
XIII, Division 5, Height.
(4) Satellite dish antennas less than two meters in diameter, including direct-to-home
satellite services, when used as a secondary use of the property; provided such
antennas comply with all applicable provisions of Section 22-960, Rooftop
Appurtenances, and Chapter 22, Article XIII, Division 5, Height.
(5) Automated meter reading (AMR) facilities for the purpose of collecting utility
meter data for use in the sale of utility services, except for whip or other antennae
greater than two (2) feet in length; provided the AMR facilities are within the
scope of activities permitted under a valid franchise agreement between the utility
service provider and the city.
DRAFT
(6) Routine maintenance or repair of a wireless communication facility and related
equipment excluding structural work or changes in height, dimensions, or visual
impacts of the antenna, tower, or buildings; provided that compliance with the
standards of this chapter are maintained.
(~(d) Prioritized locations. The following sites shall be the required order of locations
di d quip h
for proposed PWSFs, inclu ng antenna an e ments citers,
a. ~ _.a ~.:,:~,:^_ In requzzt:.':g proposing a PWSF in a particular location, the applicant shall
analyze the feasibility Of locating the proposed PWSF in each of the higher priority locations and
document, to the city's satisfaction, why a loca ..... mg the PWSF in each higher priority location
and/or zone is not being proposed. In order of preference, h~e~ en
the sites prioritized locations for PWSFs are as follows:
(1) Structures located in the BPA trail: A PWSF may be located Oo_n any existing
support structure currently located in the easement upon which are located U.S.
Department of Energy/Bonneville Power Administration ("BPA") Power Lines
regardless of underlying zoning.
(2) Existing broadcast, relay and transmission towers: A PWSF may be located Oon
an~ existing site or tower where a legal wireless telecommunication facility is
currently located regardless of underlying zoning. If an existin~ site or tower is
located within a one mile radius of a proposed PWSF location, the applicant shall
document why collocation on the existing site or tower is not being proposed,
regardless of whether the existing site or tower is located within the jurisdiction of
the city.
to such location, a .........a PWSF
(3) Publicly-used structures: If the city consents '
may be located on existing public facilities within all zoning districts, such as
water towers, utility structures, fire stations, bridges, and other public buildings
................. ~ ........ , provided the public facilities are not located within
public rights-of-way.
(4) Appropriate ~;business, commercial~ and city center zoned sites:
It ......................... r ....... , ...................... U~: A PWSF
may be located on private building~ or structures within appropriate business,
commercial, and city center zoning districts. The preferred order of zoning
districts for this category of sites is as follows:
BP--Business Park
CP- 1--Corporate Park PAGE
OP through OP-4--Office Park
DRAFTORDINANCE NO. 99- , PAGE 15 August 18, 1999
DP 4FT
CC-C--City Center Core
CC-F--City Center Frame
BC--Community Business
(5) Appropriate public rights-of-way: For the purposes of this section, appropriat,-
public rights-of-way shall be defined as including those public rights-of-way with
functional street classifications of principal arterial, minor arterial, and principal
collector. A PWSF may be located on existing structures in appropriate public
rights-of-way. Structures proposed for location of PWSFs shall be separated by at
least 330 linear feet. There shall be no more than one PWSF located on an
existing structure. Existing structures in appropriate public rights-of-way shall not
be eligible for submittal of a use process application for placement ora PWSF for
one year from the date of the completion of construction or alteration. Location of
a PWSF on an existing structure in an appropriate public right-of-way shall
require a right-of-way permit in addition to the required use process approval.
The preferred order of functional street classifications for this category of sites is
as follows:
Principal Arterial
Minor Arterial
Principal Collector
If the PWSF is proposed to be located in an appropriate public right-of-way and
the surrounding uses or zoning are not the same, that portion of the right-of-way
with the most intensive use and/or zoning, shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and
surrounding uses or zoning are the same, the preferred location .qhall be that
portion of the right-of-way with the least adverse visual impacts.
(5)(63 If the applicant demonstrates to the city's satisfaction that it is not technically
possible to site in a prioritized location, the city reserves the right to approve
alternative site locations ifa denial would be in violation of the 1996
Telecommunications Act, as determined by the city.
Sec. 22-967. Development Standards
~t~ J~ -~"~.~.w....~... .......... ~.~..~.'~-a~_. The following development'standards shall be followed in
EXH B ? B
o,~,~o~,~^~c~o. 9,. E t~¢' ~ ~'r~; ~'~¢
DRAFT
the design, siting, and construction of a personal wireless service facility.
PWSFs .... : ~
(-2-)(a) Building or structure mounted PWSFs not in the right of way. mn.. ~,~
mounted on ................ existing buildings and structures not located in a public right-of-way
standards nnd ................ t,
shall conform to the following development ~. ,k~ c~n^.,~ .....~:,: ....
(1) The PWSF shall consist only of the following types of facilities:
a. ~ A microcell or a minor facility; or,
b. A PWSF that exceeds the minor facility thresholds for number of
antenna~q~ dimensions, and/or area, but creates no more adverse impacts
than a minor facility, as determined by the director of community
development services, subiect to meeting all of the following standards:
i. The facility ~hall not create substantially more adverse visual
impact than a minor facility; and,
ii. The equipment cabinet for the PWSF shall meet all requirements
of FWCC 22-967(e); and,
iii. The maximum size of the PWSF panels and number of antennas
qhall be determined by the director of community development
services, based on the specific proiect location, surrounding
environment, and potential visual impacts; and,
iv. The PWSF ahall comply with all other applicable standards of the
FWCC.
1~. (2) The combined antennas and supporting structure shr2! net may extend mere
up to, but not exceed, 15 feet above the existing or proposed roof or other
structure regardless of whether the existing structure is in conformance with the
existing maximum height of the underlying zone as outlined in the Use Zone
Charts, Article XI, Distric[ Regulations. Antennas may be mounted to rooftop
appurtenances provided they do not extend beyond 15 feet above the mol proper.
e=. 3.0_) The antennas are mounted on the building or structure such that they are located
EXHI B ?
DRAFT ORDINANCE NO. 99- , PAGE 17 .............. Au?=ust 18, 1999
PAGE /7
DRAFT
and designed to minimize visual and aesthetic impacts to surrounding land uses
and structures and shall, to the greatest extent practical, blend into the existing
environment pursuant to Section 967(d). Panel and parabolic antennas shall be
vw-e..,..j~*~" screened from residential views and public rights-of-way unless
meeting the provision of section 22-960(b)(2).
(b) PWSFs located on structures within appropriate public rights-o[-wav. These
facilities shall conform to the following development standards:
(D The PWSF shall consist only of the following types of facilities:
a. :]:h~laJggF~ot~h~ A microcell or a minor facility; or,
b. A PWSF that exceeds the minor facility thresholds for number of
antennas, dimensions, and/or area, but creates no more adverse impacts
than a minor facility, as determined by the director of community
development services, subiect to meeting all of the following standards:
i. The facility shall not create substantially more adverse visual
impact than a minor facility; and,
ii. The equipment cabinet for the PWSF shall meet all requirements
of FWCC 22-967(e) and FWCC 22-967(0; and,
iii. The maximum size of the PWSF panels and number of antenna~
shall be determined by the director of community development
services, based on the specific project location, surronndinf
environment, and potential visual impacts; and,
iv. The PWSF shall comply with all other applicable standards of the
FWCC.
(2) The combined antennas may extend up to, but not exceed, 15 feet above the
existing structure. This distance may be increased by the minimum necessary
additional height to meet the safety clearances required by the operator of the
existing structure. The antenna extension may be permitted regardless of whether
the existing structure is in conformance with the maximum height of the
underlying zone as outlined in the Use Zone Charts, Article XI, District
Regulations.
(3) The antennas shall be mounted on the structure such that they are located and
designed to minimize adverse visual and aesthetic impacts to surrounding land
uses and structures and shall, to the greatest extent practical, blend into the
existing environment pursuant to Section 967(d).
DRAFT
(4) Strpctures in appropriate public rights-of-way proposed for location of PWSFs
shall be separated by at least 330 linear feet.
(5) Required setbacks shall not pertain to PWSFs within public rights of ways.
~r x~.., ~ .... :...:,~:~g re, mw New free-standing PWSFs. These structures shall
conform to the following site development standards:
Placement of a freestanding PWSF shall be denied if placement of the antennas
on an existing structure can meet the applicant's technical and network location
requirements.
Monopoles shall be the only free-standing structures allowed in the city; except
that a lattice tower may be used to accommodate the collocation of four or more
providers as part of a joint permit application.
In no case shall a free-standing PWSFs be located closer than 500 feet to an
existing free-standing PWSF whether it is owned or utilized by the applicasa or
another provider.
A free-standing PWSF, including the support structure and associated electronic
equipment, shall comply with all required setbacks of the zoning district in which
it is located. For developed sites, the setback requirements ahall be those ofth~
principal use of the subiect property: For undeveloped sites, the setback
requirements for new free-standin? PWSFs shall be 20 feet for front, side, and
rear yards.
Free-standing PWSFs shall be designed and placed on the site in a manner that
takes maximum advantage of existing trees, mature vegetation, and structures so
as to:
4-:.a_. Use existing site features to screen as much of the total PWSF as possible
from prevalent views; and/or '
~!.b. Use existing site features as a background so that the total PWSF blends
~,~... dtstances.
into the background with increased ~:~'* '
~ In reviewing the proposed placement of a facility on the site and any associated
landscaping the city may condition the application to supplement existing trees
and mature vegetation to more effectively screen the facility.
Support structures, antennas, and any associated hardware shall be painted a
nonreflective color or color scheme appropriate to the background against which
....... August 18, 1999
DR/IFTORDINANCENO. 99-
""^o' '9pAGE tq Z9
DRAFT
the PWSF would be viewed from a majority of points within its viewshed. The
Cproposed color or color scheme to shall be approved by the hearing examiner or
community development director aoo ....... : ...... ~
(d) Screening standards for all PWSFs. PWSFs shall be screened or camouflaged
through employing the best available technology and design, as determined by the city. This may
be accomplished by use of compatible materials, location, landscaping, color, stealth techniques
such as, but not limited to, artificial trees and hollow flag poles, and/or other methods o,
techniques to achieve minimum visibility of the facility as viewed from public streets o~
residential properties. In addition, the provisions for landscaping as outlined in the Use Zon,
Charts, Article XI, District Regulations, shall apply.
(4)(e) Standards for electronics equipment enclosures.
shall be the required order of locations for proposed electronic equipment
enclosures for all PWSFs. In proposing an equipment enclosure in a particula,
location, the applicant shall analyze the feasibility of locating the proposed
equipment enclosure in each of the higher priority locations and document, to
city's satisfaction, why a locating the equipment enclosure in each higher priority
location is not being proposed. In requesting a lower priority location for
equipment enclosure, the burden of demonstrating impracticability shall be on
applicant. In order of preference, the prioritized locations for equipment
enclosures are as follows:
(a) Equipment enclosures shall be placed underground.
(b) Equipment enclosures shall be placed in an existing completely enclosed
building.
(c) Equipment enclosures shall be placed above ground in an enclosed cabind
that shall not exceed six feet in height and occupy more than 48 square
feet of floor area, including areas for maintenance or future expansion.
(d) Equipment enclosures shall be placed above ground in a new completely
enclosed building.
If above ground, :crcc:'2ng cfPWSF zquipment enclosures shall be ~
screened with one or a combination of the following materials methods, which
szrccning shall be acceptable to the city: fencing, walls, landscaping, structures,
buildings or topography which will block the view of the equipment enclosure as
.... ~' ~ to the greatest extent possible from any street and/or adjacent properties,
as determined by the director of community development services. Screening may
be located anywhere between the enclosure and the above mentioned viewpoints.
DR4FTORDINANCENO. 99- o~O~.~,[ ~1~ ~,u--gustlS, 1999
DRAFT
Landscaping for the purposes of screening shall be maintained in a healthy
condition, as determined by the city.
(3) Except for equipment enclosures in public rights of ways, enclosures shall be
located outside of required setback areas.
(4) If the equipment cabinet is located within a new completely enclosed building, the
building shall conform to all applicable development standards and design
guidelines for the underlying zone. The completely enclosed building shall be
architecturally designed and shall be compatible with existing buildings on the
site. The completely enclosed building shall be screened to the greatest extent
possible from any street and/or adiacent properties by landscaping and/or
topography.
(f) Additional standards for equipment enclosures for PWSFs located on structures
within appropriate public rights-of-way:
(1) The following shall be the required order of locations for proposed electronic
equipment enclosures for PWSF located within public rights-of-way. In proposing
an equipment enclosure in a particular location, the applicant shall analyze the
feasibility of locating the proposed equipment enclosures in each of the higher
priority locations and document, to the city's satisfaction, why a locating the
equipment enclosure in each higher priority location is not being proposed. In
requesting a lower priority location for the equipment enclosure, the burden of
demonstrating impracticability shall be on the applicant. In order of preference,
the prioritized locations for equipment enclosures are as follows:
(a) Equipment enclosures shall be placed underground on an adjacent
property outside of the public right-of-way.
(b) Equipment enclosures shall be placed above ground on an adjacent
property outside of the public right-of-way in an existing completely
enclosed building.
(c) Equipment enclosures shall be placed above ground on an adiacent
property outside of the public right-of-way in an enclosed cabinet that
shall not exceed six feet in height and occunv more than 48 square feet of
floor area, including areas for maintenance or future expansion.
(d) Equipment enclosures shall be placed above ground on an adjacent
property outside ot~the public right-of-way in a new completely enclosed
building.
(e) Equipment enclosures shall be placed underground within the public right-
DRAFT
of-way.
(t) Equipment enclosures shall be placed above ground within the public
right-of-way in an enclosed cabinet that shall not exceed six feet in height
and occupy more than 24 square feet of floor area, including areas for
maintenance or future expansion.
(2) Equipment enclosures shall be designed, located, and screened to minimize
adverse visual impacts from the public right-of-way and adjacent properties.
(3) Equipment enclosures shall be designed, located, and Screened to minimize
adverse visual and functional impacts on the pedestrian environment.
(4) Equipment enclosures and screening shall not adversely impact vehicular sight
distance.
(-5-)(g) Securit~ Fencing.
No fence shall exceed six feet in height as stipulated in section 22-1133(5).
Security fencing shall be effectively screened from view through the use of
appropriate landscaping materials.
~ Chain-link fences shall be painted or coated with a nonreflective color.
w/h~.) Cumulative Effects. The city shall consider the cumulative visual effects of
PWSFs mounted on existing structures and/or located on a given permitted site in determining
whether the additional permits ea~ may be granted so as to not adversely effect the visual
character of the city.
(--7-)(i~ $ignage. No wireless equipment shall be used for the purpose of mounting signs
or message displays of any kind, except for signs used for identification and name of provider.
(-f~j) Use zone charts, height and permit process.
(1) The final approval authorit, y for applications made under this section shall be
defined by the appropriate permit process as outlined in the Use Zone Charts,
Article XI, District Regulations.
DRAFT ORDINANCE NO. 99- E_zz,_ i ..~ August 15, 1999
DRAFT
(2) Allowed heights shall be established relative to appropriate process as outlined in
the Use Zone Charts, Article XI, District Regulations.
Sec. 22-968. Nonconformance.
Permit applications made under this section to locate a PWSF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 22, Article IV,
Nonconformance, to bring the property into conformance as follows:
(a) To provide the public improvements required by Chapter 22, Article XVI,
Improvements, as stipulated in Section 22-336.
(b) To bring the property into conformance with the development regulations
prescribed in Chapter 21 relatin~ to water quality as stipulated in Section 22-337(a)(7). All other
requirements of Section 22-337 to bring the property into conformance with the development
regulations prescribed in Chapter 21 relating to water quality shall apply.
Section 22-969. Temporary Personal Wireless Service Facilities.
As determined by the director of community development services, a temporary personal
wireless service facility, or cell-on- wheels, may be deployed and operated as follows:
(a) For a period of 90 days during the construction of a free-standing PWSF which
has been approved through the appropriate permit process; provided that the temporary personal
wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which
was approved through the appropriate permit process. Only one temporary personal wireless
service facility or cell-on- wheels .qhall be permitted for a single site.
(b) For a period of 30 days during an emergency declared by the city, state, or federal
government that has caused a free-~tandi~ng PWSF which has been approved through the
appropriate permit process to become invobmta61y non-operational; provided that the temporary
personal wireless service facility or cell-on-wheels creates no more adverse impacts than the
PWSF which was approved through the appropriate permit process.
(c) Prior to installation of the temporar~ PWSF, the applicant shall provide the city
with a cash bond in an amount to be determined by the director of community development
services in order to guarantee performance of future removal and restoration of the site.
Section 22-970. Application Requirements.
~ .-~-~ ...........~ .......... t...(a) Except for Temporary Personal W~reless Facilities,
t~p_ermit applications made under this section shall include the following minimum information
in addition to that required for the underlying permit review process:
DRAFT ORDINANCE NO. 99- , PAGE ~,/~.~ ~.~'- :i~ - ..... O~3 ,'--~ :.:i[::t, O~q August lS, 1999
DRAFT
(1) A diagram or map showing the primary viewshed of the proposed facility.
(2) Photosimulations of the proposed facility from effected properties and public
rights-of-way at varying distances.
(3) Architectural elevations of proposed facility and site.
(4) A coverage chart of the proposed PWSF at the requested height and an
explanation of the need for that facility at that height and in that location. The
pl ' ' ly '
ex anat~on shall ~nclude an ana s~s of
~:,~: .... r~_~a ...... ,u ......a-,~, .... :~-~ th feas'bTty floc ti gth
...... v ..................v ................. e 1 11 O a n e
proposed PWSF in each of the higher priority locations as identified in Section
22-966(d), and documentation of why locating the PWSF in each higher priority
location and/or zone is not being proposed.
(5) An inventory of other PWSF sites operated by the applicant or other providers
+~- ...... :+~-~- :- ~-~ ~:+-' er within a one mile ogits-be~-de~ radius of the proposed
PWSF location, including specific information about location, height, and design
of each facility.
(6) A site/landscaping plan showing the specific placement of the PWSF on the site;
showing the location of existing structures, trees, and other significant site
features; and indicating type and locations of plant materials used to screen PWSF
components.
(7) If the PWSF electronic equipment cabinet is proposed to be located above grotmd~
regardless of the proposed location, whether on private or public property or
within public right of way, an explanation of why it is impracticable to locate the
cabinet undergrouund.
(8) If the equipment cabinet is proposed to be located in a public right-of-way, an
explanation of why it is impracticable to locate the equipment cabinet on adiacent
property outside the public right-of-way.
(-7 -) L~ Documentation of efforts to collocate on existing facilities.
(-8-)(10) Other information as deemed necessary by the community development director.
(b) Permit applications for Temporary Personal Wireless Service Facilities shall
include the following minimum information:
(1) Documentation of previously permitted facility.
._
DR,4FTORDINANCE NO. 99- , PAGE 24 August 18, 1999
DRAFT
(2) Site plan showing proposed location of temporary facility in relationship to the
location of the previously permitted facility and property boundaries, including
dimensions from the property lines and height of proposed facility.
(3) Photographs of the proposed facility.
Section 22-971. Collocation.
(h) Ca!!~c.~:i~.":..
(1)(a) A permittee shall cooperate with other PWSF providers in collocating additional
antenna on support structures and/or on existing buildings and sites provided said proposed
collocatees have received a permit for such use at said site from the city. A permittee shall allow
other providers to collocate and share the permitted site, provided such shared use does not give
rise to a substantial' technical level impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised
good faith in accommodating a new applicant, the city may require a third party technical study
at the expense of the permittee. Failure to comply with this provision may result in a revocation
of the permit.
(--2-)(b) A signed statement indicating that the applicant agrees to allow for the potential
collocation of additional PWSF equipment by other providers on the applicant's structure or
within the same site location shall be submitted by the applicant as part of the permit application.
If an applicant contends that future collocation is not possible on their site, they must submit a
technical study documenting why.
Section 22-972. EMF Standards and Interference.
(1)(a) The applicant shall comply with federal standards for EMF emissions. Within six
months after the issuance of its operational permit, the applicant shall submit a project
implementation report which provides cumulative field measurements of radio frequency (EMF)
power densities of all antennas installed at the subject site. The report shall quantify the EMF
emissions~ ar~ compare the results with established federal standards, and provide a statement
that the EMF emissions are within established federal standards. Said report shall be subject to
review and approval of the city for consistency with the project proposal report and the adopted
federal standards. If on review, the city finds that the PWSF does not meet federal standards, the
city may revoke or modify the permit. The applicant shall be given a reasonable time based on
the nature of the problem to comply with the federal standards. If the permit is revoked, then the
facility shall be removed.
~ The applicant shall ensure that the PWSF will not cause localized interference
with the reception of area television or radio broadcasts or the functioning of other electronic
EiXH B B
DR,4FTORDINANCENO. 99- , PAGF-.~nq tXl.~],~1~ O~ e~. ?,~ ,,~ ~' .:-'~' o~. ~j~._ August 18, 1999
DRAFT
devices. If on review of a registered complaint the city finds that the PWSF interferes with such
reception, the city may revoke or modify the permit. The applicant shall be given a reasonable
time based on the nature of the problem to correct the interference. If the permit is revoked, then
the facility shall be removed.
Section 22-973. Removal of Facility.
(~0 Faci!i~' rcmc, va!.
~ Abandonment and removal. The owner or operator ofa PWSF shall provide the
city with a copy of the notice of intent to cease operations required by the FCC at the time it is
submitted to the FCC. Additionally, :t:the owner or operator of a PWSF shall notify the city in
writing xFen o_fthe a; ....,: .... a ..o ' ....
................ o abandonment ora particular facility within 30 days of the
date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner
within 90 days of the date the :lie': 'age is d~zcent'.'nued PWSF is abandoned, ~
vv ........... the permit is revoked, or ~fthe facility falls into disrepair and is not maintained, as
determined by the city. Disrepair includes structural features, paint, landscaping, or general lack
of maintenance which could result in adverse safety or visual impacts. If there are two or more
users of a single tower, then the city's right to remove the tower shall not become effective until
all users abandon the tower.
(b) Partial abandonment and removal. If the abandoned antenna~ on any PWSF are
removed or relocated to a point where the top 20 percent or more of the height of the supportino
structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or
operator of any partially abandoned PSWF shall notify the city in writing of the partial
abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned.
The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate
another service on the PWSF. If another service provider is not added to the PWSF within the
allowed 120 day collocation period, the owner shall in 210 days of partial abandonment,
dismantle and remove that portion of the supporting stmcture which exceeds the point at which
the highest operational antenna is mounted.
(-24(c) Removal and lien. If the provider fails to remove the abandoned or partially
abandoned facility upon ~0 210 days of its .............. ilzc abandonment or partial
abandonment, the responsibility for removal falls upon the property owner on which the
abandoned or partially abandoned facility has-beea ~s located ....... v-ve~- v ....... fa[:: to
..... ~ ..... ~ ............... The city may enforce this paragraph using the procedures as set
forth in FWCC, Article 3, Section 1-14.
Oe~IF:rOImIN^NCENO. 99- ,PAGE26 P~'X.~L~_..~ . .,~..~ AugustlS, 1999
DRAFT
Section 22-974. Permit Limitations.
(-k-) Permit limitations.
~ A permit for a PWSF shall expire ten years after the effective date of the permit
approval, unless earlier revoked by the city. A permittee wishing to continue the use of a specific
PWSF at the end of the ten-year period must apply for an application to continue that use at least
six months prior to its expiration. The renewal application shall comply with all applicable laws
and regulations dictating new permit issuance. In ruling on said renewal the city shall consider
all then existing regulations effecting the application that are appropriate to the technology and
use.
after the d ........... ~ ~ ~ ....... ~ '
(-3)(b} Five years ~,~ ~c,~,~ ~:,..,~ ~rr ...... effective date of the land use
process approval of a PWSF~ the permittee or assignee shall submit a written statement
summarizing its current use and plans, if any, for that facility/site for the next five years to the
best of their knowledge.
(-3)(c) Consistent with the provisions of Section 22-408, ~_an approved permit for a
PWSF shall be valid for one year from the date ^c,~.~ ~: ....... re-'ti effective date of the use
~rocess approval, with opportunity for a one-year extension. If ~-ased ~
application is not received within one year of the effective date of the use process approval, or
v~thm the extension period, the p .......us process approval shall become null and void.
Section 22-975. Revocation of Permit.
(J~o ...... *~ ~(~c~m~.*. A hermit issued under this article may be revoked, suspended or
denied for any one or more of the following reasons:
(1)(a~ Failure to comply with any federal, state or local laws or regulations;
(-2-)(b) Failure to comply with any of the terms and conditions imposed by the city on the
issuance of a permit;
(-3-)L~ When the permit was procured by fraud, false representation, or omission of
material facts;
(~.)(d) Failure to cooperate with other PWSF providers in collocation efforts as required
by this article;
~(e} Failure to comply with federal standards for EMF emissions; and
x ~/.(_Q Failure to remedy localized interference with the reception °f area televisi°n °r
radio broadcasts or the functioning of other electronic devices.
£ ._.
DRAFT
~ Pursuant to Section 22-7(c), the city, as the applicant, shall use the same proces:;
to determine if the permit shall be revoked as it used to grant the permit.
Section 15. Section 22-1473 of the Federal Way City Code is hereby amended to read as
follows:
See. 22-1473. When public improvements must be installed.
(a) The applicant shall provide the improvements required by this article if the
applicant engages in any activity which requires a development permit, except for the following:
(1) The applicant need not comply with the provisions of this article if the proposed
improvements in any 12-month period do not exceed 25 percent of the assessed or
appraised value (based on an MAI appraisal provided by the applicant) of all
structures on the subject property, whichever is greater.
(2) The applicant need not comply with the provisions of this article if, within the
immediately preceding four years, public improvements were installed as part of
any subdivision or discretionary land use approval under this or any prior zoning
code.
(3) The applicant need not comply with the provisions of this article if the proposal
to locate a Personal Wireless Services Facility (PWSF) on the subject property.
(b) Right-of-way adjacent to and within subdivision and short subdivisions must be
dedicated and improved consistent with the requirements of this article, unless different
requirements are imposed by the city as part of the subdivision or short subdivision approval.
Section 16. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its
application to other persons or circumstances.
Section 17. Effective Date. This ordinance shall take effect and be in force five (5) days
after its passage, approval, and publication, as provided by law.
PASSED by the City Council of~e City of Federal Way at a regular meeting of the City
Council on the day of ., 1999.
DRAFT
APPROVED:
RON GINTZ, MAYOR
ATTEST:
N. CRISTINE GREEN, CITY CLERK
APPROVED AS TO FORM:
LONDI K. LINDELL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
PAGE
DRAFT ORDINANCE NO. 99- , PAGE 29 August 18, 1999
SUMMARY
Commissioners present: Robert Vaughan (Chair), Karen Kirkpatrick, William Drake, Hope Elder, Eric
Faison, John Caulfield, and Ed Soule. Commissioners absent: None. Alternative Commissioners present:
None. Staff present: Senior Planner Margaret Clark, Contract Associate Planner Tim McHarg, and
Administrative Assistant E. Tina Piety.
Chair Vaughan called the meeting to order at 7:02 p.m.
APPROVAL OF MINUTES
None.
AUDIENCE COMMENT
None.
ADMINISTRATIVE REPORT
None.
COMMISSION BUSINESS- Personal Wireless Service Facilities Code Amendments
The Public Hearing was opened at 7:03 p.m. Commission Kirkpatrick excused herself from the Public
Hearing due to the appearance of a conflict of interest.
Mr. McHarg gave the staff report. The impetus for the amendments were changing technology and the
need to make an unwieldy code section more user friendly. The proposed changes are needed to deal
with mobile PWSF's, implement an interpretation made by the Community Development Services
Director, create a process for facilities in the public right-of-way, and clean up the charts and text. The
proposed changes consist of: 1) adding three definitions; 2) changes to the use zone charts; 3) text
changes.
Discussion was held on Automated Meter Readers (AMR). The staff explained what it is and proposed a
change to 22-966(c)(5), "...greater than two feet in height" is to be added after the words, "...other
antennas." The Public Testimony was opened at 7:34 p.m.
Pamela Krueger, Perkins Cole, 411 - 108a Ave NE, Ste 1800, Bellevue, WA 98004 - She is
representing Puget Sound Energy. She provided the commission with a letter and back-up
documentation about AMR's. Most of her testimony came directly from her letter. She wanted
to make clear that an AMR is different from a PWSF in that it is solely for the collection of
data for use by the company. She is asking that a clear exemption from PWSF's be made. She
EXH F
Planning Commission
PAGE._
explained that them are three parts to an AMR system: the device to modify the meter; a pole
top device for the initial data collection; and a collection device that gathers data from several
poll devices. As proposed, the code will exempt the first two parts of the system, with the third
required to go through a Process I. This makes it difficult for PSE to get their system up and
running. She requested that all three parts of the AMR system be exempt. Two concerns PSE
has with the Process I is that it expires in 10 years and requires collocation, which would not
work with their technology.
Further discussion was held on the AMR issue. Staff concedes that further study is needed. In the
interim, AMR's are similar to PWSF's and should be so regulated.
Brian Johnson, Voice Stream Wireless, 19307 North Creek Parkway, #101, Bothell, WA
98011 - He spoke on the placement of PWSF's on structures in the public right-of-way. Public
utilities are beginning to require a 15 foot height distance between their transmission lines and
PWSF's. He requested that PWSF's be allowed to exceed the 15 foot requirement in such
cases.
Lisa Verner, Commercial Development Solutions, PO Box 70372, Seattle, WA 98107 -
She is representing AT&T. She provided the commission a letter with a series of
recommendations and went over each one. She asked from what did the city base the cabinet
size? The size is too small. Staffreplied that the cabinet sized is based on the Traffic
Division's equipment box size which is based on the functional impacts to the right-of-way.
She also expressed concern that only one PWSF may be located on an existing structure in the
right-of-way. Staff replied that this is to avoid visual clutter.
Josh Lonn, 120 Lakeside Ave, Ste 310, Seattle, WA 98122 - He represents Airtouch. He
stated that he agrees with previous testimony. The 48 square foot limitation outside the right-
of-way is a serious limitation. The restriction to one PWSF in the right-of-way is inconsistent
with the city's policy of collocation.
The Public Testimony was closed at 8:50 p.m.
The commission discussed the need to reevaluate the equipment cabinet size, AMR's, and other issues
raised in the public testimony. It was m/s/c to continue the public hearing to Wednesday, August 18,
1999.
ADDITIONAL BUSINESS
None.
AUDIENCE ~OMMENT
None.
ADJOURN
It was m/s/c to adjourn the meeting at 9:05 p.m.
SUMMARY
Commissioners present: Robert Vanghan (Chair), Karan Kirkpatrick, Hope Elder, Eric Faison, John
Canlfield, and Ed Soule. Commissioners absent: William Drake. Alternative Commissioners present:
None. Staffpresent: Deputy Director of Public Works Ken Miller, Traffic Engineer Rick Perez, Senior
Pl~anner Margaret Clark, Contract Associate Planner Tim MCHarg, and Admin Assistant E. Tina pie~z._
Chair Vaughan called the meeting to order at 7:00 p.m.
APPROVAL OF ~'IINUTES
The minutes of June 2, 1999 were approved.
AUDIENCE COMMENT
None.
ADMINISTRATIVE REPORT
Mr. Miller and Mr. Perez gave a presentation of the various street projects planned (and under
construction) throughout the city. These include: Pacific Highway South, South 320t~ and Pacific
Highway South intersection, BPA Trail Phase III, Sound Transit Center, and other projects.
COMMISSION ]~USINESS- Personal Wireless Service Facilities Code Amendments _ Continued
The Public Hearing reconvened at 8:10 p.m. Commission Kirkpatrick excused herself from the Public
Hearing due to the appearance ora conflict of interest. The Public Testimony was opened at 8:12 p.m.
Lisa Verner, Commercial Development Solutions, PO WA 98107 -
Box 70372, Seattle,
She represents AT&T. She requested that public facilities in right-of-ways (ROW) be number
3 on the priority list and that collocation be allowed. The ROW is the appropriate place for
infrastructure, which is what PWSF's are. She requested that the word "appropriate" be
deleted. The staffdeflnition (a principal arterial, minor or colle~c,tor street) is not clear. She
requested that the one-year limitation be delete~ and that PWSF s be allowed to locate in the
so,etback area in order to take advantage of existing vegetation for screening on all four sides.
~ne requested that the use zone charts be amended to allow monopoles in residential areas
under Process IV. Not allowing them could prevent providing service to the entire city.
Josh Lonn, 120 Lakeside Ave, Ste 310, Seattle, WA 98122 - He represents Airtouch. He
thanked the staff for their hard work and stated that he agrees with Lisa. Why should
equipment be undergroanded? The equipment for undergroanding is not available.
Planning Commission ~--
August 18, 1999
Brian Johnson, Voice Stream Wireless, 19307 N Creek Pkwy, #101, Bothel, WA 98011 -
He also thanked the staff for their work. He requested that the process be lowered to a Process
I when locating on an existing structure in the ROW in residential zones.
at 8-30 p m Mr McHarg gave the staff presentation- He summarized
The Public Testimony was closed · '
the significant changes. Additional changes were distributed· He went over the standards for equipment
enclosures- The city has developed a hierarchy for the placement of equipment enclOsures. The size for
equipment enclosures in the ROW is the one approved by the Public Works Department. He stated that
the regulation for temporary pWSF's has been changed to allow all providers on a site to locate a
temporary pWSF, on-site, for up to 30 days.
encourage location of pWSF's on private property rather than the ROW, hence the
The city wants to linear in nature. Mr. McHarg remarked that
lower priority on the location hierarchy. In addition, it is felt that ROW's are intended to accommodate
· . ' e not
items of a linear nature, such as conduits, PWSF s ar commission disagrees and requested staff
the staff believes the term ,'appropriate" is self-referential. The
to add a sentence that clearly defines ,'appropriate."
on to say that without the one-year limitation, the attempt could be made to
Mr. McHarg went · · ' e not allowed in the setback in order to screen them from the
circumvent the height restriction. PWSF s ar
ROW. Allowing them in the setback could decrease the amount of vegetation and could make
maintenance access problematic. Allowing pWSF's in residential zones would be a significant policy
change for the city. On the priority list, #6 allows location in non-priority zones in order to ensure that
service would be provided to all areas of the city. Lowering the process to a Process I would also be a
significant policy change for the city. Process Ili requires public notification, which is not required in
Process I.
Mr. McFIarg commented that there is a response in the staff report to the issue of Automated Meter
Readers. The pole-top units will be exempt, but the data collection units will have to go through a
Process III (staff expects that three to four data collection units will cover the city).
It was m/s/c (no nays) to send the recommendation forward to the City Council with the addition of a
sentence clearly defining the word ,'appropriate." The public Hearing was closed at 8:57 p.m.
ADDITIONAL BusINESS from Parks on the capital facilities. It was suggested
Commissioner Caulfield requested a presentati°cnther meeting from the different city departments on
a formal presentation be given about every gave a presentation of current planning projectS.
tihssatues of interest to the commission. Ms. Clark
AUDIENCE COMMENT
None.
ADJOURN
It was m/sic to adjourn the meeting at 9:15 p.m.
PWSF FWCC Amendment Distribution List
Outside Agencies/Organizations
1. Airtouch Cellular 7. Brian Johnson
Josh Lonn Voice Stream Wireless
The Walter Group 3650 - 131 st Avenue SE, #400
120 Lakeside Avenue, Suite 310 Bellevue, WA 98006
Seattle, WA 98122
8. Brian Pollom
2. Ross Baker Puget Sound Energy
AT&T Wireless PO Box 90868
617 Eastlake Avenue East Bellevue, WA 98009-0868
Seattle, WA 98109
9. Pamela Krueger
3. Kate Stephens Perkins Coie LLP
GTE Wireless 411 - 108th Avenue NE, Suite 1800
2445 - 140th Avenue NE, Suite 202 Bellevue, WA 98004-5584
Bellevue, WA 98005
10. LisaVemer, AICP
4. Mary Murdoch Commercial Design Solutions
Nextel Communications PO Box 70372
1750 - 112th Avenue NE, Suite C-100 Seattle, WA 98107
Bellevue, WA 98004
11. Gregory J. McCormick, AICP
5. Donald Bordenave Odelia Pacific
Sprint PCS 1201 - 3rd Avenue, Suite 320
4683 Chabot Drive, Suite 100 Seattle, WA 98101
Pleasanton, CA 94588
6. Kelly Campbell
US West Wireless
450 - 1 l0th Avenue NE, Room 211
Bellevue, WA 98004
EXH ,
PAGE.__L /
CITY OF ~m
DATE: December 1, 1999
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Ken Miller, Deputy Director
Marwan Salloum, Street System Manager~'
SUB3ECT: So 320t~ Street and Pacific Highway So (SR99) Widening and Intersection Improvement Project
- 85% Design Status Report
Background:
The So 320t~ Street and SR 99 Widening and Intersection Improvement Project includes adding HOV lanes
east and westbound and a second left turn lane on the south, west and east legs of the intersection. The
purpose of the project is to improve traffic flow, reduce accidents and promote transit and carpool use. More
than 71,888 vehicles use the intersection on an average daily basis and the intersection operates at a level
of service "F" during the mid-day, evening and weekend peak periods. There have been 193 accidents in
the past three years.
In an effort to reduce costs and public disruption the following planned projects have been incorporated into
the design and will be constructed as part of this project:
· Gateway Project (the trellis, landscaping and lighting alternative that was approved by the Downtown
Revitalization Committee and the City Council
· Downtown Revitalization project ( Utility Underground Conversion within project limit)
· Surface Water WH11-CIP-3 Storm Drain Up size Project (Approximately 40% of this SWM project will
completed as part of this read project)
· Lakehaven Utility District Water and Sewer Utility Adjustment
The following provides a brief synopsis of the progress on this project to date. Currently, the project design
is approximately 85% complete, which includes the following completed tasks:
· The Topographic Surveys
· The Geotechnical Investigation
· The Environmental Site Assessment (ESA) Phase I & Phase II
· SEPA Determination and Project Permitting
· NEPA Environmental Classification
· Project Design to 85%
· Open House Held on September 30, 1999
Ongoing tasks include:
· Property Negotiations and Acquisition
At the open house, Office Max and the property owner were very concerned about "left turn" access from
So 320m Street into the site. After meeting with the owner of the Office Max site and Wells Fargo Bank, and
discussing how this affects business, present and future traffic circulation. It was determined that due to
the existing available queue storage length within the west leg of the intersection a "temporary" access could
be permitted until the ring road (11~ Avenue So) was constructed in the future. This left turn access
eliminates the majority of the landscape island west of SR 99, but will maintain access to the shopping center
and the bank until alternate access is provided.
Proposed Znterlocal Agreement:
In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project,
staff is recommending that the City enter into an i'nterlocal Agreement (ILA) with Lakehaven Utility District.
Please find a copy of the proposed ILA for the referenced water main adjustment/construction attached for
your consideration. Staff seeks Council's authorization to enter into this agreement with Lakehaven Utility
District.
Project Funding:
The project is funded as follows:
PRO3ECT EXPENDTTURES
Planning and Design $ 312,008
Construction 1,653,222 Includes 10% Contingency
Construction Management 100,000
Underground Conversion (PSE & US West) 467,480
Right-of-Way Acquisition 349,649 This Include the area needed for the Roadway,
Gateway, Decorative Lights, and Landscaping to
meet City Center Street Design Guidelines
Total Project Costs $2,882,359
FUND1~NG AVAILABLE
Total Grant Funding $1,461,460 (UATA $971,460 and STPUL $490,000)
Mitigation Fund 213,768 Including $43,688 from Extend Stay America for
drainage on So 320th
Gateway Project Fund 481,994 (Gateway Trellis/Landscape & Decorative
Lights/Landscape)
Surface Water Fund 160,000 Part of SWM project WHll-CIP-03
Lakehaven Utility District 61,071 Utility adjustment cost
Downtown Revitalization Fund for PSE 456,480 Common Utility Trench cost for utility under
& US West Underground Conversion grounding (PSE $402,480 & US West $54,000)
Budgeted City Matching Fund 48,240
Total Available Budget .$2,883,013
Recommendation:
Place the following items on the December 21 Council consent agenda for approval:
1. Approve the 85% design plans for tee So 320~ Street and Pacific Highway So Widening and
Tntersection ~*mprovement Project and proceed with the final design and return to the LUTC
committee at the 100% design completion stage for further reports and authorization to bid.
2. Authorization to enter into the proposed Interlocal Agreement with the Lakehaven Utility District for
the So 320~ Street and Pacific Highway So Widening and ~*ntersection Improvement Project.
cc: Project File
Day File
K:\LUTC\1999\s320thBs~g9,85%
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE SOUTH 320TM STREET AND PACIFIC HIGHWAY SOUTH (SR-99)
WIDENING AND INTERSECTION IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into by and between the City of Federal Way
(hereinafter "City") and Lakehaven Utility District (hereinafter "District").
WHEREAS, the City proposes to proceed with the South 32ff~ Street and Pacific Highway
South (SR-99) widening and Intersection Improvement Project (hereinafter "Project"); and
WHEREAS, the District provides Water and sewer service in the general area of the Project
in accord with applicable Washington State and City of Federal Way laws, regulations and
franchises; and
WHEREAS, in connectionwith the roadway improvementsbeing undertakenby the City, the
District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants,
valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within
the Project area; and
WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmentalunits to
make the most efficient use of their powers by enabling them to cooperate with other entities to
provide services in a manner best serving the needs and developmentoftheir local communities;and
WHEREAS, the District can achieve cost savings and other benefits in the public's interest by
contracting with the City to perform certain services for the District, includingletting a public works
construction contract for the installation of the water improvements in connection with the Project
(hereinafter "District Work"), and providing construction management services in support thereof;
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto
as follows:
I. DESIGN.
The District shall reimburse the City for the reproducible construction drawings,
special contract provisions, and other necessary documents, which shall sufficiently detail
requirements for the District Work to become a part of the plans and specifications for the Project.
The District agrees that design work shall be performed by the City's design contractor, CH2M Hill.
II. BIDDING.
A. It is the intention of the City and the District that the District plans and
Page 1
specifications shall be incorporated into the Contract Bid Documents for the Project in such manner
as to allow, to the extent possible, identification of cost allocations between the Parties.
B. Following opening of construction bids on the Project, the District shall be
furnished with the bid responses submitted for the District Work for the District's approval. Within
twenty days of receiving the bid prices, the District shall notify the City in writing that the District
either approves or rejects their portion of the bid award. Bid award shall be made to the lowest
responsible bidder for the total Project subject to applicable laws and regulations. The City shall not
proceed with the District Work until the City has received approval from the District for its portion
of the bid award; provided, however: if no bids are received which, in the estimation of the District,
are acceptable to the District for the District Work, the District shall so immediately notify the City.
The District Work shall be deleted from the project contract and, in this event; the City shall proceed
with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the
District's notice to the City of the District's rejection of all bids.
III. CONTRACT ADMINISTRATION.
A. The City shall providethe necessaryadministrative,constructionobservation,
and clerical services necessary for the execution of the Project. In providing such services, the City
Public Works Director and/or his or her designee may exercise all the powers and perform all the
duties vested by law in him or her. The District grants to the City Public Works Director and/or his
or her designee authority to act on behalf of the District sufficient to carry out the provisions of this
Agreement.
B. The District shall furnish a constructionobserver to ensure proper compliance
with requirements during installation of the District Work. The District'sconstructionobserver shall
advise the City of any deficiencies noted. The District's construction observer, however, shall not
communicate directly with or instruct the contractor directly on any matters regarding contract
performance.
C. The District shall notify the City, in writing, of any changes it wishes to make
in the plans and specifications which affect the District Work, which changes shall be made, if
feasible. The City shall notify the District, in writing, of any changes required of the District Work
and shall obtain the District's' approval of such changes. The District's approval shall not be
unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly,
as a result of these or any other changes required or requested by the District.
IV. PAYMENT.
A. The District shall reimburse the City for all costs incurred by the City in
performing the District Work, which costs shall include but are not limited to the District Work
performed by the Project contractor(s), al! District requested changes, and the District's cost of the
City services described in Paragraph III (a) herein, prorated as described in Exhibit A.
B. All payments shall be due from the District to the City within thirty (30) days
Page 2
of the billing date. Amounts unpaid after thirty (30) days shall accrue interest at a rate of one (1)
percent per month.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold the District, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the
City, its agents or employees, or by the City's breach of this Agreement.
B. The District agrees to indemnify and hold the City, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, ar/sing or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the
District, its agents or employees, or by District's breach of this Agreement.
The provisions of this paragraph shall survivethe expirationor terminatim of this Agreement
with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This agreement shall become effective immediately upon execution by both parties.
This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City
Council accepts the completion of the project, whichever is earlier.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the
roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances
related thereto.
B. Following completion of the constmctionand City's acceptanceofthe Project
as fully constructed according to plans, specifications and change orders, the City shall providea Bill
of Sale transferring ownership of the water mains and appurtenances to the District and the District
shall thereafter be responsible for maintenance of such facilities.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by both
Parties.
D. This Agreement shall be in full force and effect from the date of signature by
all Parties to the date the City completes the Final Inspection upon completion of the Project and
Page 3
may be extended for additional periods of time upon mutual written agreement of the City and
District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
E. Any provision of this Agreement which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
1N CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the
work as set forth herein will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT
David H. Moseley, City Manager General Manager
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney, Londi K. Lindell General Counsel, Steven H. Pritchett
K:~STR E ETS'~PRO J ECTS\S320S R99',s320th SR 99.1LA.doc
I l/23/99
Page 4
EXHIBIT "A"
SOUTH 320TM STREET AND PACIFIC HIGHWAY SOUTH (SR-99) WIDENING
AND INTERSECTION IMPROVEMENT PROJECT
ESTIMATED DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT
COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT ADJUSTMENTS
ESTIMATED DESIGN COST
Estimated design costs for Lakehaven utility relocations (CH2M Hill) $5,082.00
(Design costs are 10% of construction costs.)
ESTIMATED CONSTRUCTION COSTR
Mobilization 7% Construction Cost $ 3,325.00
Traffic Control Labor 250 hours @ $28.00/hr. $ 7,000.00
Relocate Water Meter 8 @ $1500.00/ea. $12.000.00
Relocate Fire Hydrant 8 @ $ 2500.00/ea. $20,000.00
Adjust Sanitary Sewer Manholes 10 @ $350.00/ea. $ 3,500.00
Relocate waterlines/valves to
resolve conflicts Est. $5,000.00 $ 5,000.00
Construction Management (10% of total construction cost.) $ 5,082.00
Construction Contingency (10% of total construction cost.) $ 5,082.00
TOTAL ESTIMATED COST FOR UTILITY RELOCATION-~
$61,071.00
Note: Costs represented are estimates on/y. Actual costs incurredwill be used to ca/culate
final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the
City.
K:~STR EETS~PRO J ECTStS320SR99,,s320~h S R99.1LA.doc
Page 5
1%30
CITY OF~
DATE: December 2, 1999
TO: Phil Watkins, Chair
Land Use & Transportation Committee
FROM: Rick Perez, City Traffic Engineer I~
SUBJECT.. Amendment to the ¢ity'~ Truck Route Ordinance
BACKGROUND
Under current City code, trucks that do not begin or end a trip within the City limits are restricted to certain
streets (mostly State highways where the City has no authority to restrict truck traffic, as well as 16~ Avenue
S between Pacific Highway S and S 348~ Street, and S 320~ Street between [-5 and Pacific Highway S). The
Enchanted Parks annexation added a segment of Milton Road S to the City between Enchanted Parkway S
and S 369~ Street, which is the sole access for Lloyd Enterprises' gravel pit. Since the pit is outside the City
limits, any truck trips from the pit to another location outside of Federal Way would, therefore, violate the
Ordinance by using any street not specifically listed in the Ordinance.
ANALYSTS
Access to the Lloyd gravel pit from the State highway system consists of the following alternatives, as shown
in Attachment A:
1. South on Milton Road to Milton City Limits, south on 5~ Avenue S, and west on Porter Way to SR
99;
2. South on Milton Road to Hilton City Limits, south on 5th Avenue, and east on Porter Way to SR 161;
3. North on Milton Road, west on S 375u~ Street, north on 8u~ Avenue S, and west on S 373~ Street to
SR 99;
4. North on Milton Road, west on S 375u~ Street, northeast on S 373~ PI, east on S 372"~ Street, north
on 16u~ Avenue S, west on S 359~ Street to SR 99;
5. North on Milton Road, west on S 375~ Street, northeast on S 373r~ PI, east on S 372~ Street, north
on 16~ Avenue S, east on S 356t~ Street to SR 161;
6. North on Milton Road to SR ~.6~.;
7. North on Milton Road, east on S 369u~ Street, and north on 19~ Way S to SR 161.
Alternatives ! and 2 go through residential development in Milton. Alternatives 3, 4, 5,and 6 would violate
the City Ordinance as currently adopted. Alterative 3 also cresses the Hylebos Creek Bridge that is
structurally deficient to handle the loads of gravel trucks. Alternatives 3 and 4 would put truck traffic in front
of the proposed new high school site as well as residential development. Alternative 3 would impact the high
collision rate intersection of S 359th Street and SR 99, and Alterative 4 would impact the intersection of 16u~
Avenue S and S 356th Street which is frequently blocked by queues from the intersection of S 356~ Street
and SR ~.6).. Alternative 7 would traverse a residential development in unincorporated King County.
The current Code was intended to minimize intrusion of truck traffic through residential areas in Federal
Way, and because Alternative 6 is the only route that would not impact residential areas, staff recommends
that the Truck Route Ordinance be amended to include Milton Road S between the south City limit and
Enchanted Parkway S (SR 161), as shown in Attachment B.
In addition, staff is recommending that the segment of S 356t~ Street between SR 99 and SR 161 be
included. This would allow trucks from Lloyd's pit heading south on SR 99 to avoid the intersection of S
348t~ Street and Enchanted Parkway. This intersection includes two northbound left-turn lanes. Large trucks
would have to use the outside left-turn lane to negotiate the turn safely, but then would be in the outside
lane of S 348m Street and have to execute a lane change immediately in order to execute a left turn onto
SR 99 southbound. Given the level of congestion on S 348m Street, large vehicles making a quick succession
of left turns and lane changes could create safety problems. Using S 356t~ Street instead of S 348~ Street
would eliminate this problem, and no residences would be impacted by permitting trucks on this segment.
RECOI~II~IEN DATI'ON
Staff requests the Committee approve and forward the following staff recommendation to the December 21st
City Council consent agenda:
1. Approve the proposed amendment to the Truck Route Ordinance as shown in Attachment B to
include: 1) Milton Road S between South 369~ Street and Enchanted Parkway S; and 2) S 356~
Street between Pacific Highway S and Enchanted Pkwy S.
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attachments
k:\lutc\1999\truck route ordinance amendment
CITY OF ~
DATE: December 2, 1999
TO: Phil Watkins, Chair
Land Use and Transportation Committee
FROM: Richard A. Perez, Traffic Engineer i1~
Sarady Long, Traffic Analyst
SUBJECT: 2000 Commute Trip Reduc~on Act Xnteriocal Agreement wit~l King
County ~fetro
BACKGROUND
Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and
incorporated into the Washington Clean Air Act as RCVV 70.94.527. Its intent is to improve air quality,
reduce gasoline consumption and traffic congestion through employer-based programs by encouraging the
use of alternatives to single occupant vehicle (SOV) for the commute trip. The law requires that all major
employers, both public and private, that employ one hundred (100) or more full-time employees scheduled
to arrive at a single work site between 6:00 a.m. to 9:00 a.m. to develop and implement a Commute Trip
Reduction Plan.
There are currently 14 employers within the City of Federal Way that are affected by the CTR Law:
1. Berger/Abam Engineering*
2. Capital One *
3. City of Federal Way
4. Orion Industries
5. Reliance [nsurance Company
6. St Francis Hospital
7. United States Postal Service
8. USAA Insurance
9. World Vision
10. Weyerhaeuser Company (5 sites)
· These are new affected sites
The CTR program requires an I'nterlocal Agreement with King County Metro. The purpose of the Agreement
is to allocate the City its proportionate share of the State technical assistance funding for reimbursing the
City for its costs of implementing the commute trip reduction plans. In order to receive the 1999/2001
biennium state allocation, the City needs to renew the Interlocal Agreement with King County Metro as the
existing agreement has expired.
The state CTR allocations from 1997 to 2000 are shown in the following table:
Table ! - CTR Allocations
Year Number of affected State CTR Grant Allocation
Sites
1/1/97 - 12/31/97 12 $25,574.00
1/1/98 - 12/31/98 12 $26,193.00
1/1/99 - 12/31/99 12 $24,339.00
1/1/00 - 12/31/00 14 $23,328.00
As shown in the above table, the City would receive a total allocation of $23,328 annually for the State fiscal
year 2000 and 2001. This allocation is approximately 24 percent less than the previous biennium on a per
site basis due to increases in affected sites statewide with no additional state funding.
RECOMMENDA'I/ON
Staff recommends approval of the Interlocal Agreement with King County Metro pending the Law
Department's review and forwarding the recommendation to the December 21, 1999 City Council consent
agenda.
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K:\LUTC~1999\2000 cfr intedocal
CITY OF ~
DATE: November 2~,, 1999
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Marwan Salloum, Street Systems Manager ~A~.e..
SUB.1ECT: Year 2000 Right of Way Land~cape Maintenance Contract Award
BACKGROUND
Three (3) bids were received and opened on November 23, 1999 at 10:10 a.m. for the year 2000 Right
of Way Landscape Maintenance Contract. The bids for this contract are as follows:
Blue Sky Landscaping $ 95,785.00
Ramsey Landscape Maintenance $ 99,599.58
Tru-Green Land Care $107,997.58
Budgeted Amount $ 98,838.00
Blue Sky Landscaping did not include a bid amount for "Extra Hours of Maintenance Labor" making
their bid non- responsive, and therefore they were eliminated from consideration.
The lowest responsive, responsible bidder is Ramsey Landscape Maintenance with a total bid of
$99,599.58. The amount available for this contract is $98,838.00 and to award within budget, the
"Extra Hours of Maintenance Labor" will be reduced from 200 to 178 hours for a total bid amount of
$98,829.58.
RECOMMENDAT/ON:
Place the following recommendations on the December 21, 1999 Council Consent agenda for approvah
1. Award the year 2000 Right of Way Landscape Maintenance Contract to Ramsey Landscape
Maintenance, the lowest responsive, responsible bidder, in the amount of $98,829.58.
2. Authorize the City Manager to execute the contract.
IA2OOO~v,wb2
2000 Right-of-Way Landscape Maintenance
Bid Tabulation No. 99-009
Bid I Bid Z Bid 3
Vendor Name ---> RAMSEY LANDSCAPE MAINT BLUE SKY LANDSCAPE TRU GREEN-LAND CARE
Location ....... · Seattle Puyallup Burien
Item Amount Unit Price Total Price Total Price Total
1 March (Projects 1 thru 10) 44 LS 84.04 3,697.76 9,800.00 104.73 4,608.12
2 Apdl (Projects 1 thru 10) 128 LS 84.04 10,757.12 9,782.60 91.27 11,682.56
3 May (Projects 1 thru 10) 124 LS 84.04 10,420.96 9,790.94 91.27 11,317.48
4 June (Projects 1 thru 10) 152 LS 84.04 12,774,08 9,799.04 91.27 13,873,04
5 July (Projects 1 thru 10) 132 LS 84.04 11,093.28 9,799.74 91.27 12,047.64
6 August (Projects 1 thru 10) 142 LS 84.04 11,933.68 9,799.65 91,27 12,980.34
7 September (Projects 1 thru 10) 118 LS 84.04 9,916.72 9,799.42 91.27 10,769.86
8 October (Projects 1 thru 10) 90 LS 84.04 7,563.60 9,750.00 91.27 8,214.30
9 November (Projects 1 thru 10) 78 LS 84.04 6,555.12 9,759.89 91.27 7,119.06
10 Extra Hours of Maintenance Labor 200 HR 35.00 7,000.00 0.00 32.00 6,400.00
8.6% Sales Tax 7,887.26 7,574.99 8,513.35
TOTAL 99,599.58 95,656.27 107,505.75
Copies Submitted ONE ONE ONE
Bid Signature SIGNED SIGNED SIGNED
Bid Bond YES YES YES
Addendum #1 N/A NIA NIA
References N/A N/A N/A
This bid is non-responsive - the contractor did not include extra hours.
CITY OF FEDERAL WAY
MEMORANDUM
DATE: Tuesday, November 30, 1999
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Darla Wise, Surface Water Quality Coordinator
RE: King County Waterworks Grant - Formation of a Hylebos Stream Team
Back~round
As recently as two decades ago, Hylebos Creek was "one of the most productive small stream
systems in Central Puget Sound," according to the 1991 King County Executive Proposed Basin
Plan for Hylebos Creek and Lower Puget Sound. "The basin supported annual returns of several
thousand adult coho and chum salmon, plus hundreds of chinook salmon, steelhead and cutthroat
trout." As urbanization intensified in the watershed salmon populations plummeted in the late
1970s and the 1980s.
The City of Federal Way, which contains more than 60 percent of the watershed in its municipal
boundaries, has invested several million dollars since 1991 to control peak flows and improve
water quality through regional stormwater detention and treatment ponds and habitat restoration.
Recently, conservationists have joined with the City of Federal Way and four other municipal and
two county governments in the watershed, the Puyallup Indian Tribe, Department of Fish and
Wildlife, and the Department of Ecology to form a watershed recovery group known as the
Hylebos Watershed Action Committee. The need for a Hylebos Stream Team to address public
outreach and establish a watershed monitoring program has been identified as an early action item
by the Hylebos Watershed Action Committee.
To fund the Stream Team start up the City of Federal Way and Friends of the Hylebos have worked
cooperatively in applying for a King County Waterworks Grant. King County has awarded a
Waterworks grant to the partners in the.amount of $40,700 (with a 10% cash match requirement).
The cash match will come fi.om money returned to the City by the king Conservation District for the
year 1999 - this money was collected by the King Conservation District through their $5.00 per parcel
assessment to owners of parcels within the City of Federal Way.
The Waterworks Grant is sufficient to cover the program funding for the first year. Subsequent years
funding for support and continuation of the Stream Team program will be pursued by the Stream
Team Coordinator, Friends of the Hylebos, and Hylebos Watershed Action Committee through
various grants available for such purposes. As a note, City staff and members of the Hylebos
Watershed Action Committee are currently pursuing additional Stream Team funding through the
Department of Ecology Public Involvement and Education Fund (PIE).
The Stream Team program will be implemented by a full-time coordinator and include a public
awareness component that will introduce the community to the salmon stream in their backyard.
The Hylebos Stream Team will also focus on increasing public stewardship of Hylebos Creek
through several different stream watch efforts. The monitoring program will be coordinated with
monitoring programs already in place at the City of Federal Way and the Puyallup Tribe. Data
collected will be shared with those entities as well as the Hylebos Watershed Action Committee.
The program will also include a "showcase" re-vegetation project on the North Fork of Hylebos
Creek. The restoration project will have high media visibility and is located on public land.
Recommendation
Staff recommends that the committee places the following item on the December 21, 1999
Council Agenda for approval:
· Authorize the Surface Water Management Division of Public Works to work
cooperatively with Friends of the Hylebos and Hylebos Watershed Action Committee in
the development of a Hylebos Stream Team and administer the King County Waterworks
Grant in the amount of $40,700 towards the formation of the Stream Team program.
· Authorize Surface Water Management to use $4,070.00 from the returned King
Conservation District assessment as the 10% match for the King County Waterworks
Grant.
CiTY OF~
Date: December 1, 1999
To: Phil Watkins, Chair
Land Use and Transportation Committee
From: Jeff Pratt, Surface Water Manager ~a~)
Subject: Capital Facilities Plan Update: Acceleration of "WHII-CIP-03 SR99 Storm Drain
Upgrade Project"
Background:
This memo is a request by the Surface Water Management (SWM) division to accelerate the
referenced major capital project by three years. The accelerated project will better coordinate with
planned construction in the area, provide the facilities necessary to relieve an existing flooding
problem, and result in a project cost reduction due to combining the construction of this project with
the construction of the SR99 corridor improvements. Because the proposed project acceleration
involves a major capital project, SWM is requesting Council authorization to, in effect, reprioritize the
project on its Capital Facilities Plan.
As a reminder, the SWM Capital Facilities Plan (CFP), included in the City's Comprehensive Plan,
provides a plan of attack on the numerous major surface water problems within the City of Federal
Way. The CFP lists both sources of revenue and planned expenditures by ranked project - furnishing a
long term financial plan for the City's SWM utility. The projects listed on the CFP were ranked using
various criteria - including project coordination opportunities. Attached is an analysis of the proposed
revision to the current SWM CFP. Exhibit "A" is the current CFP sheet from the City's
Comprehensive Plan. Exhibit "B" is the CFP after incorporation of the proposed revision. The
proposed change and its impacts are highlighted on Exhibit "B".
The proposed project acceleration can be accomplished as suggested by using the unappropriated fund
balance in the SWM capital fund. The unappropriated fund balance is currently $478,087.00. This
amount will be reduced by $371,235.00 - which is the estimated cost of the project in year 2000
dollars. Should council authorize this acceleration, the money will be transferred from the SWM fund
to the street fund for use on the SR99/S320th and the SR99 HOV Lane projects.
Recommendation:
Staff recommends that the Committee forward a recommendation of approval of the project
acceleration to the City Council for consideration at their December 21, 1999 meeting.
Cii'f OF FEDERAL WAY FACILITIES pLAN. 1998 TO 2013
SURFACE WATER MgNAGEMENT COMPONENT
CITY OF ~
DATE: November 22, 1999
TO: Council Member Phil Watkins, Chair
Land Use and Transportation Committee ~,/~/~
FROM: Ken Miller, Deputy Public Works Director
Rob Van Orsow, Solid Waste & Recycling Coordinator
SUB3ECT: 2000 Vadis Northwest -- Litter Removal Contract
BACKGROUND
Vadis Northwest has provided litter removal services in Federal Way since 1993. The crew of five (5)
developmentally disabled individuals and one supervisor collect litter from roads and City facilities throughout Federal
Way. Vadis Northwest also performs a variety of other Iow-skilled operations. This flexibility, in turn, provides labor
cost savings to the City, while providing useful employment to specially challenged individuals.
Service is scheduled so that the Vadis Northwest crew regularly removes litter and debris from all major right of ways
in Federal Way, while also assisting with Surface Water Management facility clean up during summer months. Based
on feedback provided by Public Works' Maintenance Supervisors, and the marked reduction of litter complaints since
service inception, the work provided by Vadis Northwest has represented an excellent value.
DTSCUSSI'ON
The City Attorney's Office recently provided an opinion that this type of service is not subject to competitive bidding
or prevailing wage. This opinion was taken into consideration in developing the contract for the year 2000. Several
contract revisions were put in place to reflect the City's latest contract boilerplata, and a revised scope of work that
more clearly focuses the work tasks actually performed by the crew. In addition, staff contacted the Department
of Developmental Disabilities to obtain a list of agencies in the Puget Sound region that provide group-supported
employment. These seven agencies were contacted to see if they provide litter collection services. Of these, only
Vadis Northwest is currently set up to provide this type of service. Vadis Northwest also provides similar services to
the Cities of Auburn and Puyallup, as well as the Sumner School District.
The contractor's annual compensation level ($47,304) remains the same as in 1999, and funding for this service is
primarily budgeted in Solid Waste and Recycling, with supplemental funding from the Surface Water Management
Fund.
RECOMMENDA'r~ON
1. Forward the Vadis Northwest contract to the City Council December 21, 1999 Consent Agenda with a
recommendation for entedng into this contract for the 2000 term, and provide authorization to the City
Manager to execute the Vadis Northwest contract, for a total contract amount of $47,304 for 2000. This
amount represents no increase over 1999 compensation to Vadis Northwest.
CITY OF ~
DATE: December 2, 1999
TO: Phil Watkins, Chair
Land Use and Transportation Committee
FROM: Richard Perez, City Traffic Engineer ~
SUB£CT: SR 99 at $ 330e Street ~rnter~ec~ion ]Improvements - 95~/0 Design Approval an8
Authorization to Bid
BACKGROUND
The SR 99 at S 330~ Street intersection Improvements Project was jointly funded by grants from the
Transportation Improvement Board (T[B) Pedestrian Facilities Program for $100,000 and ISTEA Hazard
Elimination System for $220,000. T[B requires the project be completed by .July 1, 2000.
Per resolution 93-145 which sets the polio/ on Council review of Capital Improvement Projects, as a
signalization project, this project has not been brought to the Committee since acceptance of the grants
funding the project.
This project will install a traffic signal which allows for a safe pedestrian crossing on this 3/4 mile stretch of
SR 99 without any signals. The project will also install a sidewalk on the west side of SR 99 between S 330~
Street and the US Postal Service office.
The project is approximately 95% designed and acquisition of the necessary easements has been initiated.
Response to final comments from WSDOT is the only other remaining task. An Open House was held on
October 8, 1999 to provide project information and solicit public comments. No negative comments have
been received.
The current project cost estimate is $308,000 which is $12,000 less than the budgeted amount of $320,000.
The following provides a breakdown of the estimate project costs:
Design $30,000
Right-of-Way/Easements $25,000
Construction Management/Inspection $25,000
Engineers Estimate $200,000
Sub-Total $280,000
Contingency (10%) $ 28,000
TOTAL $308r000
RECOMMENDATZONS
Place the following item on the December 21, 1999 Council Consent Agenda:
1) Approve the 95% design plans for the SR 99 at S 330"' Street Intersection Improvements Project,
2) Authorize staff to bid for project construction upon completion of 100% design plans,
P,P:kc
K:\LUTC\1999\99s330.wpd
There was no information available on the Spring Valley
Montessori School Request for Left-Hand Turn Land at the time
this packet was compiled.
CITY OF ~
DATE: November 24, 1999
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Ken Miller, Deputy Public Works Director
SUBJECT: AG 98-170; South 312~ Street Improvements, from SR 99 to 234 Ave South,
Project Acceptance and Retainage Release
BACKGROUND
Prior to release of retainage on a Public Works construction project, the City Council must accept the work
as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The above referenced contract with Gary Merlino Construction, [nc. is complete. The final
construction contract amount is $3,157,530.39. This is $170.51 below the $3,157,700.90 (including
contingency) budget that was approved by the City Council on August 11, 1998.
Staff will be present at the December 6~ Land Use & Transportation meeting to answer any questions the
Committee might have.
RECOMMENDA'rZON
Place the following item on the December 21, 1999 Council Consent Agenda for approval:
I. Acceptance of the Gary Herlino Construction, [nc. South 312~ Street Improvements, from SR 99 to
Ave South Project, in the amount of $3,157,530.39, as complete.
KM:kc
cc: Cathy Rafanelli, Management Se~ices
Project File/AG 98-170
Day File