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Planning Comm PKT 10-07-2009City of Federal Way PLANNING COMMISSION October 7, 2009 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES September 16, 2009 4. AUDIENCE COMNfENT 5. ADNIlNISTRATIVE REPORT 6. CONIlVIISSION BUSINESS PUBLIC HEARING Code Amendments to Personal Wireless Service Facilities (PWSF) 7. ADDITIONAL BUSINESS 8. AUDIENCE COIVIMENT 9. ADJOURN Commissioners Merle Pfeifer, Chair Hope Elder, Vice-Chair Lawson Bronson Wayne Carlson Tom Medhurst Sarady Long Tim 07Vet1 (Altemate) x:�r�nn� co�s»�,�zoo9�agraaa iao�-o9.ao� cicy sc�rt Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 u,.ia ci: :��1; ec: z: r�s u u v. com CITY OF FEDERAL WAY PLANNING COMMISSION September 16, 2009 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Senior Planner Margaret Clark, Senior Planner Joanne Long-Woods, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of July 22, 2009, were approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen announced that one Commissioner's term expires this month (Lawson Bronson). The deadline for Planning Commissioner applications was last Friday and we have received one application; from Lawson Bronson. The next Planning Commission meeting will be October 7, 2009, when we will have a public hearing on proposed amendments to the Personal Wireless Service Facilities (PWSF) regulations. CODZNIISSION BUSINESS PusLlc HEARnvG Code Amendments to SEPA Exemption Use Processes Ms. Long-Woods delivered the staffpresentation. The proposed code amendments will raise some of the State Enviromnental Policy Act (SEPA) exempt level thresholds and mitigate for onsite or offsite traffic safery impacts to the transportation system, for all modes of transportation. The proposed amenchnents are part of the "Economic Stimulus Package," intended to encourage development. The proposed SEPA exemption amendments will raise the number of dwelling units exempt from SEPA from 9 to 20. It will raise the exempt gross floor area for office, commercial, recreation, service, or storage buildings to 12,000 square feet from 4,000 square feet and raise the parking spaces to 40 from 20. In addition, the exempt munber of parking spaces in parking lots will be raised from 20 to 40. When the proposed SEPA exemption amendments were given to the Traffic Division for review, they expressed concern that raising the exempt levels may impact traffic safety. Therefore, a new decisional criterion is proposed for Use Processes II, III, IV, and V to require traffic safety impacts (such as pedestrian pathways, stop lights, etc.) be mitigated The meeting was opened for public cormnent. Ms. Piety read the following comment into the record K:�Phnnmg Commission�2009Vvieeting Suwcnary 09-1 G09.doc Planning Commission Minutes Page 2 September 16, 2009 "Mr.O'neill Thank you so much and I would like to submit to you for reading into tonight's record that the Master Builder Assoc strongly supports raising SEPA thresholds and encourages the Planning Commission to pass the draft ordinance before you. Thank you and my apologies for not being able to attend. Garrett J. Huffman, South King Seattle Manager Master Builders Association for King and Snohomish Counties" There was no other public comment. Commissioner Long commented that he believes the proposed amendments are a step forward and will make it less costly for smaller developers. He asked if the amendments will apply to multi-family development. Ms. Long-Woods replied that the amendments will apply to multi-family development. Mr. Conlen commented that the proposed amendtnents will nat apply to subdivisions as they are regulated elsewhere in the code. For subdivisions, the SEPA �emption will remain at rrine lots. Commissioner Carlson asked if the proposed traffic impact amendments are mare of a housekeeping amendment and will they have any bearing on the proposed Traffic Impact Fee (TIF)? Mr. Beckwith replied they will not have a bearing on the proposed TIF because the proposed TIF is an overall, city-wide issue while these proposed amendments deal with site-specific developments. Commissioner Medhurst commented that while reading the proposed amendments he noted places where different words (endeavor to, shall, and must) are used for the same issue. Mr. Beckwith co�rnnented that this issue is outside the purview of the proposed amendments, but staff will make note of these in order to review for a possible future amendment. Commissioner Long commented that in Exhibit A, he noted that the square feet for agricultural structure (14.15.030[1][b]) is not proposed to be changed Why is this not included? Ms. Long-Woods commented that the city rarely receives an application far an agricultural structure and therefore, staff decided the square footage did not need to be changed Coxmnissioner Carlson moved (and it was secondec� to recommend adoption of the proposed amendments as presented by staff: The motion carried unanimously. The public hearing was closed ADDITIONAL BUSINESS None AUDIENCE CONIlVIENT None ADJOURN The meeting was adjourned at 7:30 p.m. K:\Plam6ig Commisamn�2009Uvleetmg 3ummary 09-16-09.doc ��'3 £3� `'��z STAFF REPORT TO THE PLANNING COMMISSIOI� Proposed Amendments to Personal Wireless Service Facilities Amendments to Federal Way Revised Code (FWRC) Title 19 File No. 09-103475-00-UP 09-103477-SE Public Hearing on October 7, 2009 I. REASON FOR AMENDMENTS The proposed amendments are a part of the 2009 Planning Comr�rission work program. The Personal Wireless Service Facilities (PWSF) code amendments were first adapted in September 1997, and subsequently amended in January 2000 and August 2001. At that time, the code was crafted to provide for a high level of public norification due to concerns about electromagnetic fields (EMF). Since that time, the city has issued 52 permits with no appeals. Amendments to the zoning code regarding Federal Way Revised Code (FWRC) Chapter 19.255 and associated zoning charts are intended to reduce redundant language, remove sub-prioritization of location preferences, remove submittal requirements for electromagnetic field (EMF) implementation reports, and remove the 10 year expiration period. Zoning charts are a.lso proposed to be modified to change the minimum review process from a Process III to a Process II. The Planning Comtrrission is being asked to review the proposed changes to the zoning code attached as E1chi�bit A, and forward a recommendation to the City CounciL II. BACKGROUND Cellular phones are now an integral part of modern telecommunications. Additionally, cellular phones allow people to maintain continuous communication without harnpering freedom of movement. In some instances, they are the sole phone for many households, and therefore, a strong reliable coverage netwark is of uhnost importance. In order to provide a strong cellular network to keep pace with the gowing popularion of cellular users, more mobile base and relay starions (PWSFs/antennas) are needed Staffhas reviewed the literature surrounding potential health effects of PWSFs and concluded that the jury is still out on the health effects associated with electromagnetic fields (EMF) associated with PWSFs. However, preliminary on-going studies have found that there is negligible affects on human physiology. All health related aspects and governance of EMF exposure levels of the PWSF industry are regulated by the Federal Communications Commissions (FCC). A technical sumrnary on the science of cellular technology has been included as Exlubit B. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 1 of 7 III. PROPOSED CODE AMENDMENTS 1. Modify FWRC 19.255.010 Removal of redundant language, addition of an exemption to allow work within an existing equipment enclosures or buildings, and removal of sub- prioritization. Currently, if a new electronic cabinet was installed within an existing equipment enclosure or building, the electronic cabinet is subject to the land use process associated with the underlying zoning. Staff (as well as PWSF companies) found if there is no architectural or gross floor area change, it was too onerous on PWSF contractors to submit for a land use decision for the simple addition of electronic equipment. Currently, there are five levels of site prioritizarion in the site selection process that must be demonstrated by the applicant to the city that the chosen location meets the site appropriateness criteria. In order of preference, the prioritized locations far PW5Fs are as follows: structures located in the BPA trail; existing broadcast, relay, and transmission towers; publicly used structures, appropriate business, commercial, and city center zoned sites; appropriate public rights-of-way; and alternative location as approved by the Director of Community Development. Of the five prioritized sites, appropriate business, commercial, and city center zoned sites and appropriate public rights-of-way have sub-prioritizations. iJpon review of the sub- prioritizations, staff has concluded that the five main prioritized locations serve as adequate measures to ensure that PWSFs are located appropriately. Current PWSF technologies have become more streamlined, compact, and aesthetically designed to minimize visua.l intrusiveness. Additionally, as studies have shown, cellular/PCS facilities aperate at a power level well below regulated thresholds. 2. Modify FWRC 19.255.020 Combining of development standards far PWSFs and associated electronic equipment cabinets in or out of the right-of-way. This includes: additional language stressing design of the PWSF; addirional language to have equipment enclosures outside of the right-of-way; and additional language to give setback relief to development of PWSFs on undeveloped properties in nonresidential zones. As currently written, the language for development standards for PWSFs and associated electronic cabinets were in four separate sections. For example, the section is divided into two major sections, one section for PWSFs and one secrion for electronic equipment cabinets. These two sections are then further divided into two more sections: located within the right-of-way and located outside of the right-of-way. Upon review by staff, it was discovered that the language for the develapment standards of the PWSFs and associated electronic cabinets in or out of the right-of-way were nearly identical. In order to clarify the development standards and ma.ke the section more uniforn�, the sections were combined to create two distinct sections. One section for develapment standards for PWSFs (regardless of whether or not it was in the right-of- way) and one section for the development standards of electronic enclosures. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staf�'Report to the Planning Commission Page 2 of 7 Additional language was added under FWRC 19.255.020(2)(g) to emphasize design of the PWSFs, rather than simply painting the structure to match exisring development. Current PWSF design and technology allows for near visual seamless integration into developed sites. Equipment enclosures have been proposed to be placed outside of the right-of-way: As a policy, the Public Works Department discourages work within the right-of-way for private develapments. Aesthetically, equipment enclosures within the right-of-way also create visual clutter, despite screening and landscaping requirements. As currently written, an equipment enclosure develaped on an undevelaped site in a non- residential zone must be setback 20 feet from all property lines. The new language proposes to grant relief to the setback requirements for equipment enclosures located on an undeveloped site in a non-residential zone by allowing the equipment enclosure closer to each property line as long as the equipment enclosure can be demonstrated to blend in harmoniously with the existing site and cornplement the landscape buffer requirements of the underlying zone. This amendment was in response to an industry complaint regarcling the stringent setbacks. Upon further analysis, it was also determined that the required placement of equipment enclosures may hinder future efforts to develap the site with a more substantial use. 3. Modify FWRC 19.255.040 Removal of 30 day m�imum time limit for temporary PWSF's during emergencies declared by the city, state, or federal government, and a11ow far the Director of Community Development Services to determine an appropriate amount of time. This code amendment is in response to the unpredictable nature of major disasters or events and the need for a less restrictive time period in order to provide essential communications throughout the city in times of said events. Staff consulted Emergency Management Coordinator Ray Gross in regards to this amendment. 4. Modify FWRC 19.255.050 Removal of unnecessary requirements, removal of redundant language, and addition of language regarding the requirement of photo simulations to include examples of camouflage and stealth installation oprions. Addirional language was added to the photosimulation requirement to fixrther emphasize the need for design aptions other than paint. Language in requirement (d) was struck due to the redundant nature. Language in requirement (e) was struck due to the unnecessary and onerous nature of the quesrion. The coverage chart in requirement (d) and the PWSF inventory requirement of requirement (e) are adequate for review purposes. Language in requirement (g) was struck to remain consistent with previous praposed changes within the chapter. Requirement (h) was struck as the proposed code amendment FWRC 19.255.020 requires that equipment enclosures be placed outside of the right-of-way. Proposed Amendments to Personal Wireless Setvice Facilities (PWSF) Federal Way Revised Code Staff Report to the Plamung Connnission Page 3 of 7 S. Removal of FWRC 19.255.070 Per the provisions of the Telecommunications Act of 1996 Section 704, the FCC was charged with setring guidelines for environmental radio frequency emissions, and local governments are not permitted to restrict the construcrion of wireless service faciliries based on their environmental EMF levels if they meet FCC guidelines. All cellular/PCS facilities must be registered and licensed through the FCC. Furthermare, if there is documented evidence of interference to other signals caused by a cellular/PCS faciliry, the FCC is the enforcement agency to rectify any issues. 6. Removal of FWRC 19.255.090 This code section is proposed to be rexnoved due to the inconsistent nature of this code section and city policy. No other land use decision expires for the sole purposes of forcing a development to re-apply for a land use decision. PWSF providers have been self-policing in terms of coming in on their own to update and upgrade their facilities to current generation technology. In many cases, once large/wide antennas have been replaced with smaller and less visually intrusive antennas. Additionally, the redundant language in regards to land use approval expiration has been removed as it is covered under FWRC 19.15.100. 7. Modify Zoning Charts FWRC 19.195.190, 19.200.19d, 19.205.200, 19.210.050, 19.212.120, 19.225.120, 19.230.140, and 19.240.140. These zoning charts are praposed to be modified to reduce redundant language, reduce land use process requirements, and make the language in the charts consistent with praposed text amendments in FWRC 19.255. FWRC 19.235.100 related to allowing PWSFs in the Office Park (OP) zoning district and the OP1 4 zoning districts is proposed to be amended to remove any reference to the OP1 4 zoning districts. FWRC 19.245.010, related to allowing PWSFs in the Corporate Park I(CP- 1) is proposed to be deleted These districts (OP1, OP2, OP3, OP4 and CP1) were created through concomitant agreements, which have their own unique list of allowable uses and the agreements are not typically codified in the FWRC. IV. PROCEDURAL SUNIMARY On September 12, 2009, the city issued an Bnvironmental Determination of Nonsignificance (DNS) on the proposed amendments, with a comment deadline of September 28, 2009, and an appeal deadline of October 12, 2009. No comments on the DNS have been submitted to the city as of the date of transmittal of this staff report. Public notice of the October 7, 2009, public hearing was published and posted on September 19, 2009, in accordance with the city's procedural requirements. V. PUBLIC COMMENTS 1. Sarah Telschow, of RealComm Associates LLC (a telecommunications consulring and contracting service), was the only party to submit formal comments from the communications industry. Her comments have been attached as E�chibit G It appears that some of her Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staf�'Report to the Planning Commission Page 4 of 7 comments stem from a misunderstanding of the code. Staff is still analyzing other suggestions made by Ms. Telschow. A meeting between city staff and Sarah Telschow has been set for October 5, 2009, to discuss her comments and suggestions. VI. 2. Although not a forxnal submittal of comments, staff has talked to a gentleman in regards to possible interference caused by PWSF faciliries to amateur HAM radio facilities. The main concern was in regards to the proposed removal of FWRC 19.255.070(2), which presently allows the city to revoke or modify a permit if it is found that the PWSF interferes with other communications reception. The city does not ha�e a telecommunicarions specialist who can measure or deternune any complaints regarding interference. Additionally, any and all issues regarding bandwidth ar frequency issues must be handled by the FCC by federal law. This inforrnation was relayed to the gentlernan. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To deterxiune whether the praposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recorninendation to the City Council regarding adoption of the proposed zoning code text amendments. VII. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The praposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) policies: LUGl LUPl Improve the appearance and funcrion of the built environment. Use residential design perfornaance standards to maintain neighborhood character and ensure compahbility with surrounding uses. LUG2 Develop an efficient and timely development review process based on public/private partnerships. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 5 of 7 LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the pernut review process. PUGl Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG2 Work with private urility cornpanies to allow them to provide service in a way that balances cost-effectiveness with environmental protecrion, aesthetic im}�act, public safery, and public health PUG3 Process perrnits for private utility facilities in an efficient and timely xnanner, in accordance with franchise agreements, develapment regulations, the FWCP, and adopted codes. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendment beaxs substantial relationship to the public health, safety, and welfare because it provides for more streamlined permit processing, which in turn ultimately translates into a more reliable communications network. Additionally the amendment affords the city more flexibility to offer a communications solution following a disaster or accident. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendment would benefit the city as a whole as it would provide the opportunity for a stronger communicadons network within the city and aesthetically pleasing PWSFs. VIII. STAFF RECOMIVIENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," as set forth in Exlubit A, be recommended for approval to the City Council. 1. Amendments to FWRC 19.255.010. 2. Amendments to FWRC 19.255.020. 3. Amendments to FWRC 19.255.040. 4. Amendments to FWRC 19.255.050. 5. Removal of FWRC 19.255.070. 6. Removal of FWRC 19.255.090. 7. Amendments to Zoning Charts FWRC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.212.120, 19.225.120, 19.230.140, 19.235.100, 19.240.140 and delerion of Zoning Chart 19.245.010. Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code Staff Report to the Planning Commission Page 6 of 7 IX. PLANNING COMIVIISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to the Ciry Council adoprion of the FWRC text amendments as praposed; 2. Modify the praposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adapted; or 4. Forward the proposed FWRC text arnendments to the City Council without a recommendation. E�srrs Exhibit A Praposed Code Amendments: Chapter 19.255, "Personal Wireless Service Facilities" Zoning Charts: 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.212.120, 19.225.120, 19.230.140, 19.235.100, 19.240.140, and 19.245.010 Exhibit B- A Brief Technical Summary on PWSFs Exhibit C— Capy of Email Received from Sarah Telschow, RealCormn Associates LLC K:�2009 Code Amendments�PWSF�Planning Commission\STAFF REPORT TO THE PLANNING COMMISSION.doc Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Cade StaffReport to the Planning Commission Page 7 of 7 EXHIBIT A FEDERAL WAY REVISED CODE (FWRC) TITLE 19, ZONING AND DEVELOPMENT CODE Chapter 19.255, Personal Wireless Service Facilities Sections: 19.255.010 Personal wireless service facilities (PWSF). 19.255.020 Development standards. 19.255.030 Nonconformance. 19.255.040 Ternporary personal wireless service facilities. 19.255.050 Application requirements. 19.255.060 Collocation. �9z��.8�n n�,r� ..�...,a.,..a� .,,,a ;...e..� a.,,.e 19.255.070 Removal of facility. rn n�n D t;,..;�,..;,.,.� r,TS :v��rcriiarnrrmuau��r. 19.255.080 Revocarion of permit. 19.255.010 Personal wireless service facilities (PWSF). (1) 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 aprions which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. T,. c� (2) Definitions. Any words, terms or phrases used in this section which are not otherwise defined sha11 have the meanings set forth in Chapter 19.05 FWRG (3) Exemptions. The following antennas and facilities are exempt from the provisions of this section and sha11 be pernutted in all zones consistent with applicable development standards as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations: (a) Wireless communication facilities used by federal, state, or local public agencies far temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. {c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas cornply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (d) 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 FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (e) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for use in the sale of utiliry services, except for whip or other antennas greater than two feet in length; provided the AMR facilities are within the scope of activities pernutted under a valid franchise agreement between the utility sen�ice provider and the city. fl Rourine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual irr�acts of the antenna, tower, or buildings; provided, that compliance with the standards of this ritle is maintained. Equipment cabinet additions or up�rades within exisring equipment enclosures ar buildin�s, so long as there is no material area expansion of the e�uipment enclosure ar building or chan�e to the approved architectural desi�n of the existing equivment enclosure or buildin�. (4) Prioritized locations. The following sites shall be the required order of locarions for praposed PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the applicant shall analyze the feasi�bility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why locating the PWSF in each higher priority location and/or zone is not being praposed In order of preference, the prioritized locations for PWSFs are as follows: (a) Structures located in the BPA trail. A PWSF inay be located on 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. (b) Existing broadcast, relay and transmission towers. A PWSF ina.y be located on an existing site or tower where a legal wireless telecommunicarion facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a praposed 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. (c) Publicly used structures. If the city or other public a�cv consents to such location, a PWSF may be located on exisring 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. (d) Appropriate -�a M`�M n'+°° zoning districts. A PWSF inay be located on private buildings or structures within non-residential zoning districts as allowed bv the zoning� chart. r,.,�.,.,a,..,.;.,� u„+a.w.,.;�o r� �,,,...,.,..,�o n.,,.v r r�;s., ra..�e.. r-�,...e (e) Appropriate pubtic rights-of-way. For the purposes of this section, appropriate public rights- of-way shall be defined as including those public rights-af-way with funcrional street classifications of principal arterial, minor arterial, and principal collector. A PWSF inay be located on existing structures in apprapriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least 3301inear feet. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way penrrit in addition to the required use process approvaL �Ei��a�a� �1�e�Aa�er� �E�e� 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 locarion. 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. Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 2 of 10 fl 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 violarion of the 1996 Telecommunications Act, as determined by the city. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9 Code 2001 22 19.255.020 Development standards. The following development standards shall be followed in the design, siring, and construcrion of a personal wireless service faciliry: (1) Building- or structure-mounted PWSFs on existinQ buildings or structures in or out of the public right-of-wav. PWSFs mounted on existing buildings and structures shall conform to the following development standards: (a) The PWSF sha11 consist only of the following types of faciliries: (i) A microcell or a minor facility; or (ii) A PWSF that exceeds the minar facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as deterrrrined by the director of community development services, subject to meering all of the following standards: (A) The facility shall not create substantially more adverse visual impact than a minor facility; and (B) The equipment cabinet for the PWSF shall meet all requirements of subsection {3� of this section; and (C) The rnaximum size of the PWSF panels and number of antennas shall be deterrnined by the director of community development services, based on the specific project location, surrounding environxnent, and potenrial visual i�acts; and (D) The PWSF shall comply with all other applica.ble standards of the Federal Way Revised Code. (b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or praposed roof ar other structure regardless of whether the existing structure is in conforxnance with the exisring maximum height of the underlying zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. �c) For PWSF's located in the ri t-of-way the combined antennas ma�end up to the minimum necessarv height to meet safetv clearances required b�the o�erator of the existing, structure, but not exceed 15 feet above the existing structure plus the hei.ght of the praposed antennas as specified in subsection (1)(e) of this section. The maximum allowable hei�ht of the new structure with the PWSF antennas shall be deternuned bv the director of community devela�ment services, dependin� upon the antenna type desi�n, location on the structure and the�raposed method of attachment. An existin� structure can be increased in hei t only once per a 12-month period Anv structure whether a new or replacement structure located in a public right-of-way must be similar in terms of size (elccept height) shape color material and location to the existing and surrounding structures, as determined bv the director of communi develapment services The antenna extension may be pernritted regaxdless of whether the existin� structure is in conforn�ance with the maacimum hei�ht of the underlyin� zone as outlined in the use zone charts, FWRC Title 19 Division VI, Zoning Regularions. �d,�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 geatest extent practical, blend into the existing environment pursuant to subsection of this section. Panel and parabolic antennas shall be screened from residential views and public�rights-of-way unless meeting the provision of FWRC 19.110.070(2)(b). �e)The mascimum size of the PWSF panels and number of antennas shall be deternuned by the director of communi develapment services based on the specific �roiect locarion, surrounding Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wueless Services Facilities Page 3 of 10 environment and potential visual impacts The maximum size of antennas to be located on existin� structures in a�ublic ri�ht-of-way shall be two feet in diameter for parabolic antennas eipht feet in hei�ht for panel antennas, and 15 feet in hei�ht for whip antennas. �-m F� 41.e ��i..�,.v.i. ao�.o��.-.mo..� n4nranvan• Tl.e D\x7C'� �l...il ;..E ,.�.1.. ..f'�1.o 11..�..;Y,.. 4� e 4'F ,.;l;�;o... vi u�.aaaa.ivo. A ,.ell 4:,,.;li+... r °�'�c�c'�v'aac°. e f e} �f Required setbacks shall not pertain to PWSFs within public rights-of-way er--eqt�g�e� Within residenrial zones, equipment enclosures and buildings to house equipment cabinets located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the underlying zone. For develaped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. �2,� New freestanding PWSFs. All requirements of the associated land use zoning charts must be met. Additionallv, �these structures shall conform to the following site development standards: (a) 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. Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 4 of 10 (b) Monopoles shall be the only freestanding 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. (c) In no case shall a freestanding PWSF be located closer than 500 feet to an existing freestanding PWSF whether it is owned or utilized by the applicant or another provider. (d) A freestanding 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 subject property. For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards. (e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of exisring trees, ma.ture vegetarion, and structures so as ta {i) Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or (ii) Use existing site features as a background so that the total PWSF blends into the background with increased distances. fl 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 effecrively screen the faciliry. (g) Support structures, antennas, and any associated hardware shall be camoufla�ed to blend in harmoniously within the existing site throu h the use of fau�c-structural desi�ns, or when not technolo�callv or aesthetically feasible, painted in a non-reflective ee� color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed The proposed color or color scheme shall be approved by the hearing examiner or director of community development services. (4� �3,� 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 comparible materials, locarion, 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 ar residential properties. In addition, the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall apply. Standards for electronic� cabinets. �a) �ri��°a r °M* f l�^� Electronic cabinets shall either: Be placed in a new or existing completely enclosed building with the maximum size of the building to be deterniined on a case-bv-case basis bYthe director of community development services, or; ii Be placed above ground in a new �e�e�e13� e�tc�e�+e+� or existing equit�ment enclosure with the ma�cimum size of the building, to be deternuned on a case-b_y-case basis bv the director of communi� development services. (b) �ese-gre�$ Equipment enclosures shall be screened with one or a combination of the following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures, buildings Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 5 of 10 or topography which will block the view of the equipment enclosure to the greatest extent possible from any street and/or adjacent praperties, 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, pursuant to FWRC 19.125.090(2) ao+o,..�,;,.va �i.o ��,c,� If the equipment cabinet is located within a new eex�� enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The Ea�� enclosed building shall be architecturally designed and shall be compahble with existing buildings on the site. The ee�et�+ enclosed building shall be screened to the greatest extent possible from any street and/or adjacent praperties by landscaping and/ofr topography. Sstandards for equipment enclosures: �i.e...,t.�;,...:,.�.,. ..,.,.�e,.e�., e,,,.t,.�oa_�.,,;�a;,,,. 41.e ....1.1:.. �.:..L.� ..F ..�r..to4cl.r �.�.1�,c.�.i1...:1.7:.... f (a) Electronic ec�uinment enclosures shall not be allowed within the righY-of-wav. {e3 �b In residential zones, equipment enclosures located above ground on praperties adjacent to the public right-of-way sha11 meet all applicable setback requirements for residential development of the underlying zone. For develaped sites in nomesidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject properry. For undevelaped sites in nonresidential zones, the setback requirements far the equipment enclosure shall be 20 feet for front, side, and rear yaxds. However for undeveloped sites in noriresidential zones if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landsca�e buffer requirements of the underlvin� zone as determined apprapriate bY the director of Proposed Code Amendments File #09-1034'77-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 6 of 10 communi develo�ment services the ec�uipment enclosure can be located inside of the 20 foot setback but outside of the required landscapin� buffer of the underlving zone• Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. f e} Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. Equipment enclosures and screening shall not adversely impact vehicular sight distance. Security fencing. (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain-link fences shall be painted or coated with a nonreflective color. Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on exisring structures and/or located on a given pernutted site in deternuning whether additional perxrrits may be granted so as to not adversely effect the visual character of the ciry. (�1} Signage. No wireless equipment shall be used for the putpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warnin�, and name of provider. (-�-Aj Use zone charts, height and permit process. (a) The final approval authority for applications made under this section shall be definedby the appropriate perrnit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relarive to appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord No. 97- 300, 3, 9-16-97. Code 2001 22-967) 19.255.030 Nonconformance. Permit applications ma.de under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconforn�ice, to bring the praperty into conformance as follows: (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110. (2) To bring the property into conforn�ance with the development regulations prescn'bed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of F'VVRC 19.30.120 to bring the property into conformance with the development regulations prescnbed in FWRC Title 16 relating to water quality shall apply. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22 19.255.040 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: (1) For a period of 90 days during the construction of a freestanding PWSF which has been approved through the appropriate permit process; provided, that the temporary personal wireless service facility ar cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate pernut process. Only one temporary personal wireless service facility or cell-on-wheels shall be pernutted for a single site. (2) For a period of �A-�s time determined to be ap�ropriate by the director of communitv development services, during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the appropriate perinit process to become involuntarily non-aperational; provided, that the temporary personal wireless service facility or cell-on- Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 7 of 10 wheels creates no more adverse impacts than the PWSF which was approved through the appropriate pernut process. (3) Prior to installation of the temporary 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 arder to guarantee performance of future removal and restoration of the site. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-969.) 19.255.050 Application requirements. (1) Except for temporary personal wireless facilities, perrrrit applications made under this section shall include the following minimum information in addition to that required for the underlying perxirit review process: (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Phott�simulations of the proposed facility from affected properties and public rights-of-way at varying distances. These photo simulations should include exarr�les of camouflage and stealth installation options. (c) Architectural elevations of proposed facility and site. (d) A coverage chart of the praposed PWSF at the requested height and an explanation of the need far that facility at that height and in that location. is-�e��e�ese�. (e) An inventory of other PWSF sites operated by the appficant or other providers within a one- mile radius of the proposed PWSF locatio fl 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. (g) If the PWSF electronic equipment cabinet is proposed to be located above ground, �egar�ess explanation of why it is impracticable to locate the cabinet underground, Documentation of efforts to collocate on existing faciliHes. E}} �i,� The city may require the applicant, at the applicant's e�ense, to provide any additional information, mapping, studies, materials, inspecrions, or reviews that are reasonably necessary to implement this chapter and to require that such inforn�ation, studies, mapping, materials, inspecrions, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's e�ense. (2) Pernut applications for temporary personal wireless service faciliries shall include the following minimum infortnarion: (a) Documentarion of previously permitted facility. (b) Site plan showing proposed location of temporary facility in relarionship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Photographs of the praposed facility. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. O1-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord No. 97- 300, 3, 9-16-97. Code 2001 22-970.) Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 8 of 10 19.255.060 Collocation. (1) A permittee shall cooperate with other PWSF providers in collocaring additional antennas on support structures and/ar 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 pernutted use (as opposed to a competirive conflict or financial burden). In the event a dispute arises as to whether a pernvttee 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) A signed statement indicating that the applicant agees 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 perrrrit application. If an applicant contends that future collocarion is not possible on their site, they must submit a technical study documenting why. (3) Collocation requirements shall not apply fo PW5Fs located on existing structures in apprapriate public rights-of-way within residential zones, neighbarhood business (BN) zones and professional office (PO) zones. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-971.) Y. Y. °:'�w 19.255.070 Removal of facii�ty. (1) Abandonment and removal. The owner or aperator 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, the owner or aperator of a PWSF shall norify the city in wriring of the 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 PWSF is abandoned, the permit is revoked, ar if the 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 ar 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. (2) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or relocated to a point where the tap 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 ar operator of any partially Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 9 of 10 abandoned PWSF 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 aperarional antenna is mounted. (3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility far removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in FWRC 1.15.010. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-973.) 19.255.80 Revocation of permit. A permit issued under this chapter may be revoked, suspended ar denied for any one or more of the following reasons: {1) Failure to co�ly with any federal, state or local laws or regulations; (2) Failure to comply with any of the terms and conditions irnposed by the city on the issuance of a P�t� (3) When the pern�it was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other PWSF providers in collocation efforts as required by this cha.pter; (5) Failure to comply with federal standards for EMF errrissions; and (6) Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. (7) Pursuant to FWRC 19.05.300(3), the ciry, as the applicant, shall use the same process to deterxmne if the permit shall be revoked as it used to grant the permit. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-975.) K:�2009 Code Amendments\PWSF�Reformatted Zoning Charts\Version sent to Stakeholders\Chapter 19-255.DOC Proposed Code Amendments File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 10 of 10 EXHIBIT A Second Version FEDERAL WAY REVISED CODE (FWRC) TITLE 19, ZONING AND DEVELOPMENT CODE Chapter 19.255, Personal Wireless Service Facilities Sections: 19.255.010 Personal wireless service facilities (PWSF). 19.255.020 Development standards. 19.255.030 Nonconforn�ance. 19.255.040 Terr�porary personal wireless service faciliries. 19.255.050 Application requirements. 19.255.060 Collocation. T'T.L��:t1, IIA�ifJ a,...a., ra ;..�cricr��cz �.^�w 19.255.070 Removal of facility. nn ne.....-.;� �;...:4.,4;,. 19.255.080 Revocation of perrrrit. 19.255.010 Personal wireless service facilities (PWSF�. (1) Purpose. This section addresses the issues of location and appearance associated with personal wireless service facilities. It provides adequate siting apportunities through a wide range of locations and aptions which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. (2) Definitions. Any words, teru� ar phrases used in this section which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRG (3) Exemptions. The following antennas and facilities are exempt from the provisions of this secrion and shall be perrrritted in all zones consistent with applicable development standards as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations: (a) 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. (b) Industrial processing equipment and scienti�c or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Cornpliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (c) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham'� radio aperators; provided such antennas comply with a�l applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceprions, and 19.110.070, Rooftap appurtenances. (d) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the praperty; provided such antermas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances. (e) Automated meter reading (AMR) facilities for the purpose of collecting urility meter data for use in the sale of urility services, except far whip or other antennas greater than two feet in length; provided the AMR faciliries are within the scape of acriviries perrrutted under a valid franchise agreement between the utility service provider and the city. fl Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual itrtpacts of the antenna, tower, or buildings; provided, that compliance with the standards of this ritle is maintained. Eq uipment cabinet additions or ��rades within existin� enclosures or buildin�s, so long as there is no material area expansion of the equinment enclosure or buildin�, or chan�e to the �proved architectural desi�n of the existing equipment enclosure or buildin�. (4) Prioritized locations. The following sites shall be the required order of locations for praposed PWSFs, including antenna and equipment shelters. 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 locating the PWSF in each higher priority location and/ar zone is not being proposed In order of preference, the prioritized locations for PWSFs are as follows: (a) Structures located in the BPA trail. A PWSF inay be located on any existing support structure currently located in the easement upon which are located U.S. Deparhnent of Bnergy/ Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning. (b) Existing broadcast, relay and transmission towers. A PWSF inay be located on an existing site or tower where a legal wireless telecommunication faciliry is currently located regardless of underlying zoning. If an existing site ar tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocarion 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 c�t�'; r':t�:�< ��i�i�,��;�i��F�:�structures. If the city,..�;;`��>��-other �ublic a�c� ,,,,,,,.,�`.:�.,....,...�`.,.,#.��a. �,,,e if;'::�•�;::: •c.;:•r..i:� :•::•::•r•;::.`.,::::tfi` w::•:5::: h locatio a PWSF ina be located on existin :�'�1�:�::��i��:�:��'1�� consents to suc n, Y g��.�:::::: r: such as water towers, utiliry structures, fire stations, bndges, and other p ic buildings the public faciliries are not located within public rights-of- way. (d) Appropriate __-�a zoning districts. A PWSF inay be located on private buildings or structures within non-residential zoning districts as allowed by the zoning chart. T'�° 1 f''..�w..�«.�4e D.....b !1D �1.�....,..1. !1D A (lf'�..�Dnrlt r�r r� ro.,.o.. ��o L' l /�uv.4e.. (e) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights- of-way shall be de�ned as including those public rights-of-way with functional street classifications of principal arterial, rrrinor arterial, and principal collector. A PWSF inay be located on existing structures in apprapriate public rights-of-way. Structures praposed for location of PWSFs shall be separated by at least 330 linear feet. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way perrnit in addition to the required use process approval. �Ei��er•i�l #I�ie�a� ��ee�e� If the PWSF is proposed to be located in an apprapriate 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/ar zoning shall be the preferred location. Proposed Code Amendments, Second Version File #09-103477-00.SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 2 of 10 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 19.255.020 Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility: (1) Building- or structure-mounted PWSFs on existing buiddinQs or structures in or out of'the public riQht-of-wav. PWSFs mounted on existing buildings and structures shall conform to the following development standards: (a) The PWSF shall consist only of the following types of facilities: (i) A microcell ar a minor facility; or (ii) A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a irunor faciliry, as determined by the director of community development services, subject to meeting all of the following standards: (A) The faciliry shall not create substantially more adverse visual impact than a xmnor facility; and (B) The equipment cabinet for the PWSF sha11 meet all requirements of subsecrion of this secrion; and (C) The maximum size of the PWSF panels and number of antennas shall be deternrined by the director of community develapment services, based on the specific project location, surrounding environment, and potential visual impacts; and (D) The PWSF shall comply with all other applicahle standards of the Federal Way Revised Code. (b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof ar 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, FWRC Title 19, Division VI, Zoning Regularions. Antennas may be mounted to rooftop a�purtenances, <i�i;;:-: .:;.;.,{Y•-;3i••�:�:f::...{•..::.;:.:,rr:... s:skt%�.:�• '#',•::ri3#.:: �::�€�'�J:�:�t:<��t�_�::��';#�"�: provided they do not extend beyond 15 feet above the �;�;,�;t�:�� c) For PWSF's located in the right-of-way the combined antennas may extend up to the minimum necess hei t to meet safetv clearances required by the a�erator of the existin� structure, but not exceed 15 feet above the existing structure plus the hei t of the proposed antennas as specified in subsection (1)(e) of this section. The xnaximum allowable hei�ht of the new structure with the PWSF antennas shall be determined by the director of communi development services, depending uuon the antenna type design locarion on the structure and the praposed method of attachment. An existin� structure can be increased in hei t only once per a 12-month period. Anv structure whether a new or �lacement structure located in a public right-of-wav must be similar in terxns of size (except hei�ht), shape color material and location to the existin� and surrounding structures as determined by the director of communi develapment services. The antenna extension ma ��be permitted regardless of whether the existing structure is in conformance with the maximum hei�ht of the underlyi� zone as outlined in the use zone charts, FWRC Title Division VI, Zonin� Regulations. �The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aestheric impacts to surrounding land uses and structures and shall, to the Proposed Code Amendments, Second Version File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 3 of 10 (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-966.) greatest extent practical, blend into the existing environment pursuant to subsection (-4j of this secrion. Panel and parabolic antennas shall be screened from residenrial views and public rights-of-way unless meeting the provision of FWRC 19.110.070(2)(b)...... exisring structures in a�ublic ri�ht-of-wa�shall be two feet in diameter for varabolic antennas, ei�ht eet in hei h_g_t _for panel antennas and 15 feet in heig,ht for whip antennas. cvnro�z�rcv 41, F 11 4 1 e+,� n4...,.a..+..7.,. Y� �••l A D\IiTC` �b. .i �L. ,.;1;�.: +l� viaau f 7 F ,,;t�,'�. ti ia� mi, D[I7C`F_ 1 lG� n...a �.f �1�-.0 ..a.4i�. 1� wlu 'Tt.. 4' �1, D r a'f-trt 1.+ F 1 ...i 1 G f e+ l.e .'1.�F .L.:,. �.+e.. ...a b' Y �Vl1C�i• f 7 f f f f 7 f 7 f Tl' �7T 7..«;,+�. De..,,loti..,..� f �f Required setbacks shall not pertain to PWSFs within public rights-of-way e�eq�g�e� t a a a e...: a;..,,e�� ,,e w..�.� Within residential zones, equipment enclosures and buildings to house equipment cabinets located above ground on praperties adjacent to the public right-of-way shall meet all applicable setback requirements for residential develapment of the underlying zone. For develaped sites in noriresidential zones, the setback requirements far the equipment enclosure shall be those of the principal use of the subject properry. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. Proposed Code Amendments, Second Version File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 4 of 10 New freestanding PWSFs. All requirements of the associated land use zonin� charts must be met. Additionallv, �these structures shall conform to the following site development standards: (a) 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. (b) Monapoles shall be the only freestanding 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 pernrit application. (c) In no case shall a freestanding PWSF be located closer than 500 feet to an existing freestanding PWSF whether it is owned or utilized by the applicant or another provider. (d) A freestanding 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 develaped sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements far new freestanding PWSFs shall be 20 feet far front, side, and rear yards. (e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes malcimum advantage of existing trees, mature vegetation, and structures so as to: (i) Use exisring site features to screen as much of the total PWSF as possible from prevalent views; and/ar (ii) Use existing site features as a background so that the total PWSF blends into the background with increased distances. fl In reviewing the proposed placement of a facility on the site and any associated landscaping, the ciry may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (g) Support shuctures, antennas, and any associated hardware shall be camouflaged to blend in harmoniouslv within the existin� site through the use of faux-structural designs, or when not technolo�callv or aestheticallv feasible, painted in a non-reflective Ee�e�-e� colar scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be approved by the hearing examiner or director of community development �e� services. Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technology and design, as deternrined by the city. This may be accoxr�lished 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 minirnum visibility of the facility as viewed frompublic streets or residential praperties. In addition, the provisions for landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall apply. �4,� Standards for electronics °:�w:Y.-Y:�_-:' cabinets. �a) Electronic cabinets sha11 either: i Be placed in a new or existing completely enctosed .s: .....•:i L. 4..... ...:fi :.iti}i:4't�ii:?4ii:i?•:<i?4ii}eii:•:<::b}:•i cS .fti�ni:.•.`•:• 7 Proposed Code Amendments, Second Version File #09-103477-0o-SE FWRC Chapter 19255, Personal Wireless Services Facilities Page 5 of 10 ii Be placed above new i:::ji:: :.i:: iiiiii.: �..i'. ry: ii:::::::::.: i� or existing eauinment enclosure. ��::�:::#�::�1�U��:�1.��:::�fl�#��3��'��£:?�::� (b) �e�e-g�ei� Equinment enclosures shall be screened with one ar a combination of the following methods, which shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or tapography which will block the view of the equipment enclosure 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. Landscaping for the purposes of screening shall be maintained in a healthy condition, pursuant to FWRC 19.125.090(2) If the equipment cabinet is located within a new ee��ete�y enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The Ee�� enclosed building shall be architecturally designed and shall be compahble with exisring buildings on the site. The e�3+ enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or tapography. S�tandards for equipment enclosures:,�'e� DA�QD °'�°�`�a �a) Electronic equipment enclosures shall not be allowed within the ri t-of-wa� b� In residential zones, equipment enclosures located above ground on praperties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the Proposed Code Amendments, Second Version File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 6 of 10 underlying zone. Far developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject praperty. For undeveloped sites in nonresidential zones, the setbackrequirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. However for undeveloped sites in nonresidential zones if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landscape buffer requirements of the underlyin� zone as determined appropriate bv the director of communi development services the equipment enclosure can be located inside of the 20 foot setback but outside of the reyuired landscaping buffer of the underlyin zg one• Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. Equipment enclosures and screening shall not adversely impact vehicular sight distance. Security fencing. (a) No fence shall exceed six feet in height as sripulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain-link fences shall be painted or coated with a nonreflective color. �7,� Cufnulative 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 additional permits may be granted so as to not adversely effect the visual character of the city. (9-} Signage. No wireless equipment shall be used for the purpose of mounting signs ar message displays of any kind, except for small signs used for identificarion, hazard warnin�, and name of provider. Use zone charts, height and permit process. (a) The final approval authoriry for applications made under this section shall be defined by the apprapriate perrrrit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relarive to appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-967.) 19.255.030 Nonconformance. Perrmt 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 19.30 FWRC, Nonconformance, to bring the praperty into conforn�ance as follows: (1} To provide the public improvements requiredby Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110. (2) To bring the property into conforn�ance with the development regulations prescnbed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the praperty into conforn�ice with the development regulations prescnbed in FWRC Title 16 relaring to water quality shall apply. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-968.) 19.255.040 Temporary personal wireless service facilities. As determined by the directar of community development services, a temporary personal wireless service facility, or cell-on-wheels, may be deployed and operated as follows: (1) For a period of 90 days during the construcrion of a freestanding PWSF which has been approved through the appropriate perrrrit process; provided, that the temporary personal wireless service facility ar cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the Proposed Code Amendments, Sewnd Version File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 7 of 10 appropriate permit process. Only one temporary personal wireless service facility or cell-on-wheels shall be permitted for a single site. (2) For a period of �8-d�s time determined to be appropriate bv the director of communitv development services, during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the apprapriate 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. (3) Prior to installation of the tennporary 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 perforxnance of future removal and restoration of the site. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-969.) 19.255.050 AppGcation requirements. (1) Except for temporary personal wireless facilities, pernut applications made under this section shall include the following minimum inforn�ation in addition to that required for the underlying permit review process: (a) A diagram or map showing the primaxy viewshed of the praposed facility. (b) Photosimulations of the proposed facility from affected praperties and public rights-of-way at varying distances. These photo simulations should include examples of camouflage and stea.lth installation options. (c) Architectural elevations of proposed facility and site. (d) A coverage chart of the praposed PWSF at the requested height and an explana.rion of the need for that facility at that height and in that locarion. (e) An inventory of other PWSF sites aperated by the applicant ar other providers within a one- mile radius of the praposed PWSF locatio 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. (g) If the PWSF electronic equipment cabinet is proposed to be located above ground, �re�;�ess ,an explanation of why it is impracticable to locate the cabinet underground �h,� Documentation of efforts to collocate on existing faciliries. The city may require the applicant, at the applicant's e�ense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's e�cpense. (2) Permit applicarions for ternparary personal wireless service facilities shall include the following minimum information: (a) Documentation of previously permitted facility. Proposed Code Amendments, Second Version File #09-103477-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 8 of 10 (b) Site plan showing proposed location of temporary facility in relarionship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Photographs of the proposed facility. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97- 300, 3, 9-16-97. Code 2001 22-970.) 19.255.060 Collocation. (1) A permittee shall cooperate with other PWSF providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said praposed collocatees have received a pertrrit for such use at said site from the city. A pernuttee shall allow other providers to collocate and share the perxnitted site, provided such shared use does not give rise to a substantial technical level iYr�pairment of the perrrritted 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 perrrrittee. Failure to cornply with this provision may result in a revocarion of the permit. (2) 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 collocarion is not possible on their site, they must submit a technical study documenting why. (3) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate public rights-of-way within residential zones, neighborhood business (BN) zones and professional office (PO) zones. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-971.) Y. �1_ Y. �1_ 'L Y. i Y. Y. 1 °.'�w 19.255.070 Removal of fac�lity. (1) Abandonment and removal. The owner or aperator of a PWSF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the rime it is submitted to the FCC. Additionally, the owner ar operator of a PWSF shall norify the city in writing of the 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 PWSF is abandoned, the pernut is revoked, or if the facility falls into disrepair and is not maintained, as deterriuned by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety Proposed Code Amendments, Second Version File #09-10347'7-00-SE FWRC Chapter 19.255, Personal Wireless Services Facilities Page 9 of 10 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. (2) Partial abandonment and removul. 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 aperator of any partially abandoned PWSF shall notify th�e 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. (3) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the praperty owner on which the abandoned or partially abandoned facility is located The city may enforce this subsection using the procedures as set forth in FWRC 1.15A10. (Ord. No. 08-585, 3(E�. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-973.) Y. !i. n °.''�w 19.255.80 Revocation of perrrut. A permit issued under this chapter may be revoked, suspended or denied far any one or mare of the following reasons: (1) Failure to comply with any federal, state ar local laws or regulations; (2) Failure to comply with any of the terrns and conditions imposed by the city on the issuance of a P�t� (3) When the perinit was procured by fraud, false representation, or omission of ma.terial facts; (4) Failure to cooperate with other PWSF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards far EMF emissions; and (6) Failure to remedy localized interference with the receprion of area television or radio broadcasts or the functioning of other electronic devices. (7) Pursuant to FWRC 19.05.300(3), the city, as the applicant, shall use the same process to determine if the pernut shall be revoked as it used to grant the pernut. (Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 2001 22-975.) K:�2009 Code Amendments�PWSF�Planning Comtmssion\Oct 7 Meeting Packet\Chapter 19-255, Second Version.DOC Proposed Code Amendments, Second Version File #09-103477-00-SE FWRC Chapter 19.255, Personal Wueless Services Facilities Page 10 of 10 19.195.190 Personal wireless service facility. The followin uses shall be ermitted in the suburban estate SE zone sub'ect to the re lations and notes set forrh in this section: U5E ZONE CHART DIRECTIONS: FIRST, read down W find use THEN, across for REGULATIONS Minimums o Re uired Yards ZO F b Q b y 5E v u SE w y x y a �3,' SPECIAL REGULATIONS AND NOTES Pera�al see�nete See note See See See Refer to see Na N/A 1. Not applicable. PWSFs allowed on existing shnctures only. wireless 3 1 note 1 note 1 note 1 FWRC note3 allowed service faciliry p� 14.255.02A 2 on e II far mexi- PWSF mum See note 4� heighta f� for allowed eUowed types of types oF PWSFe PWSFs See-aele 2 er All PWSFs sLail be landscaped aud screened in accordance wifh Chapter 19.125 FWRC and the provisions of the PWSF development regulstions. At a minimum, a five ft. type III landacaping area ahall be requited around the facility, unless the community development services director detemunea tLat the facility is adequately screened 4� New &eestanding PWSFs are not allowed PWSFs sha11 be allowed only on existing towers, on publicly used structures not located in public rightaof-way, on existing shvctures located in the BPA hail, and on exisling structures in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to sllowed types of PWSFs. Process I, II, III and IV are descaibed in Fa �er infaxnation sbwt parking end parkuigm�es, eao Chepter 19.130 FWRC. Gliaptar 19.55 FWRC, Ct�apter 19.60 FWRC, por deteils ofwhet may exaed Uus height limit, eea FWRC 19.110.050 et eeq. Chapter 19.65 FWRC, ga� deteils mgardingrequired yards, eee FINRC 19.125.160 et soq. Q�epter 19.70 FWRC respedively. K:\2009 Code Ammdmenffi�PWSFnRefoimetted Zonmg Charts\Vera�n sont to Stakeholde[s\3B 19-195•190 P W 3F.doc 19.200.190 Personal wireless service facility. The followin uses shall be ermitted in the sin le-famil residential RS zone sub'ect to the re tions and notes set forrh in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimwns z Re uired Yards Z�� F q R5 3 o uSE a w SPECIAL REGULATIONS AND NOTES Peis«�al see-neEe See note See Sea See Refer to see Not N/A 1. Not applicable. PWSFs allowed on existing shuchxres only. wireless 1 note 1 nMe 1 note 1 FWRC nota 3 allowed ��r service faciliry p�& 19.255.07A on a (PWSF) II forma�a- PWSF mum See note 4} heigpts for faa� allowed allowed types of types of PWSFs PWSFs r K skueture; er 3: 7 All PWSFs shall be landscaped and scteaned in accordeace with Chapter 19.125 FWRC and the provisions of the PWSF development �gulations. At a minimum, a five ft, type III landscaping area shall be required around the facility, unless the comraunity developmeat services director detemm�ea that the facility is adequately acreened 4: 3 New fieestanding PWSFs are not allowed PWSFs shall be allowed only on oxiating towers, on publicly used skuctures not locatad in public rights-of-way, on existittg etractares locatad in the BPA trail, aud on exiating shuchues in appropriate public rights- of-way. Refer to FWRC 19.255.020ar develapment standards applicable to allowed types of PWSFa Process I, II, III and I V are described in Fa o�r inf�irn ebout parking end padcing mces, eee Chapter 19.130 FWRC. C.�ter 19.55 FWRC, Chapter 19.60 FWRC, Fa details ofwhat may exoeed this height limit, sce FWRC 19.110.050 d seq. Chapter 19.65 FWRC, ga deteils ra�rdingrequired yerda, see FWRC 19.125.160 et seq. G�epter 19.70 FWRC respedively. K:\2009 Cude Amwdments�PW SP�Refom�atted Zoumg Charls\Vasion aent to StekeholdeisV2319-200.I90 PW 3F.doc 19.205.Z00 Personal wireless service facility. The followin uses shall be ermitted in the multifamil residential zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimums uired Yazds y Z�l V Li RM 4 a �d O 'd y 3 p v USE o b 3' 5PECIAL REGULATIONS AND NOTES !j wc� a w �n a �x Fn aa Personal 6eexete See note See See See Refer to See note Not N/A 1. Not applicable. PWSFs allowed on exis6ag shuctures only. wireless 3 1 note 1 note 1 note 1 FWRC 3-Z allowed service fecility 19.255.020 m e (PWSF) II fcgmexi- PWSF mum See nde 4� heights f� fa allowed allowed types of types of PWSFe PWSFa vc"cfion.z f All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the pmvisions of the PWSF development regulations. At a minimum, a five ft. typa III landscaping azea shall be:equiied around the facility, unless the community development services director detemrinea that the facility is adequately scxeoned 4e 3. New freestaading PWSFs are not allowed PWSFs sha11 be allowed only on exiating towers, on publicly used structures not located in public rights-of-way, on existing shuctures located in fhe BPA hsil, and on exis6ng shuchues in appmpriate public rights- of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed typas of PWSFs. Procese I, II, III and I V are deacribed in Far other infaQmetion ebout packing and parking azeae, see Chepter 9.130 FWRC. 22-351 22-356, 22-361- 22370 Fa deteils ofwhat mey eueed this height lirnit, see FWRC 19.110.050 et aoq. 22-386 22-411, F� detaile ro 22-431 22-460, respectively. �BruNirad Yffide� see FWRC 19.125.160 et seq. K:\?A09 Code Ammdmmts�PW SP�Refoimatted Zorn�g f7tarte\Veaslom eent W 3Wkeholdeta�RM 19-205-200 PW 3F.doc 19.210.050 Personal wireless service facility. The followin uses shall be erniitted in the rofessional office PO zone sub'ect to the re tions and notes set forth in this section: U5E ZONE CHART DTRECTIONS: FIRST read down to find use THEN, across for REGULATIONS Minimwns z Re uired Yards q w Z��' u U tl J PO Q u SE a w x a� SPECIAL REGULATIONS AND NOTES Peisona! See See note See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing sisuctures only. wireless 3 1 note 1 note 1 nole 1 FWRC note 3 atlowed service Process II 19.255.020 2 a faciliry for maxi- PWSF mwn See note 4� heights for for allowed allowed types of types of PWSFs PWSFs $ee-neEO3 �e�Y 3�, All PWSFs s}�all be landscaped and a<xeened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF development regulations. At a minimwn, a five ft. type III landscaping atea sl�all be required atound the facility, unless the cosrnnunity develapment services director detenrrines that the facality is adequately �ccreened +k New freestaading PWSFs are not allowed. PWSFa shall be allowed only on existing towers, on private buildings and �,s, on publicly used structures not located in public rights-of-way, on existing s7ucturea located in the BPA trail, and on existing struchues in appropriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of PWSFs. Process I, II, III �d I V are desaibed in For other infaQnetirn ebout perking end pmking �eae, sce Chapta 19.130 FWRC. Chepter 19.55 FWRC, Chapter 19.60 FWRC, Fa� details ofwhet Cheptar 19.65 FWRC, mey exceed thia hei�t l'uniy see FWRC 19.110.050 et seq. Ch�ter 19.70 FWRC respectively. FO n rO4W�� Yffi'�� e FWRC 19.125.160 et aeq K:12009 Code Amendments�PW SF�Reft�rmatted Zon�B GYiacfa\Ve[sion sent W Stakeholdas�P019-210-OSO PW SF.doc 19.215.100 Personal wireless service facility. The followin uses shall be ermitted in the nei barhood business B zone sub'e�t to the re tions and notes set forth in this section: U5E ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, across for REQULATIONS O Minimums Re uired Yards w Z�� .Q y BN b b� USE g a S w a g" SPECIAL REGULATIONS AND NOTES u PersonAl seenote See note See See See Refer to sae Not N/A 1. Not applicable. PWSFs allowed on exis6ng sttuctares only. wireless 3 1 note 1 note 1 nde 1 FWRC note3 ellowed service facility p�g 19.255.020 Z rn a �W�'7 II famexi- PWSF mum 3ee note 4� heights fa for epowed ellowed types of types of PWSFs PWSFs $ae-nate� s�ue&ue';et All PWSFs ahall be landscaped and screened in accordance wifh Chapter 19.125 FWRC and the provisions of the PWSF develop�nt regulations. At a rnimmurn, a five R. type III landscaping area shall be iequired around the facility, unless the community development services director det�rnines that the facility is adequately scraened. 3. New &eestanding PWSFs are not allowed PWSFs shall be allowed only on existing towers, on private buildines and structures. on publicly used structures not located in public rights-of-way, on existing shuctures located in the BPA knil, and on exis6ng stauchues in appropriata public rights-of-way. Refer to FWRC 19.255.020 for development standards applicabla to allowed types of PWSFa Procees I, II, III end I V are describad in F�r �I infoimetion ebout parking end parking eroee, see Ct�apler 19.130 FWRC. Chapter 19:55 FWRC, Cliepter 14.60 FWRC, F� detaile ofwhet may exceed this height limit, see FWRC 19.110.050 et eaq. Ch�tar 19.65 FWRC, For details regerdingnquirod yerde, see FWRC 19.125.160 et aeq. Chepter 19.70 FWRC respedively. K�2009 Cock Ameudmenis�PW3FRefo=matted Zonmg Charts\Vacaion e�t W Stekoholdecs�BN 19-215-100 PW 3F.doc 19.220.120 Personal wireless service facility. The follow' uses shall be ermi#ed in the communi business BC zone sub'�t to the r ations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to Snd use THEN, across for REGULATIONS Minimums O Re uired Yards ZO F y m 9 BC �O a �E' 3 �L' u SE S w y a �S,' SPECIAL REGULATION5 AND NOTES Pereaisl soe note N�e Sea See 3ee Refer to sae Not N/A 1. For developad eites, the satback requiretilents shsll be those of tLe principel uee of thz subject property. For undeveloped sites, the wiretess 2 note 1 note 1 note 1 FWRC nota 4 allowed ��k requirementa for new freestanding PWSFa ehall be 20 ft for fiont, side, and mar yard.�. service 19:255.020 on a 2, Subject to meeting all applicable developrr�ntstandards, the review pmcass uaeai aha11 ba process I, except for the following facility famaei PWSF p o n a. Proceas i�F for the following proposals: See note 5 hei�ts fa� for ellowed ellowed (1) The PWSF is located witlritt 300 ft. of a residential wn types of types of PWSFs PwSFe (2) The PWSF is located on a strucUUe tLat is a residence or xhool or contains a residence or schoo or See nae 3 (3) The PWSF is a new freestanding PWSFs; b. Process if the PWSF is a lattice tower accommodating four or more providers. �ueEure;et 3. Maximum allowed height for a naw &eestanding PWSF ahall be the minimum necesseay to provide tha service up to 100 ft., plus any height granted under FWRC 19.110.060. A PWSF ahall be allowed up to 120 R if Nure are hvo or more pmviders; except that a laf�ice tower of betwcen 120 ft. to 150 ft. will be allowed under a combined applicafion of four ot mora providers 4. All PWSF shall be iandscaped and screened in eccordance wikh Chapter 19.125 FWRC and the provisions of the PWSF devalopment ragulations. At a minimum, a five ft. type III landacaping atea sha11 be xeqitited around fhe facility, unless the community developmeat services director detemvnes tLat the facility is adequately screened. 5. New fi+eestaading PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and shuctures, on publicly used sttoctures not located in public rights-of-way, on existing structures located in the BPA trail, and on exiafing akuctures in appropriate pnblic rights-of-way. Refer to FWRC 19.255.020 for development standards licable to allowed s ofPWSFs. Process I, II, III and I V ere deecribed in Fa' other infametion about padcing and perking arees, see Chepter 19.120 FWRC. Cheptar 19.55 FWRC, Chepter 19.60 FWRC, Fa details ofwh� mey euced tlue hei�t lunit, see F4VRC 19.110A50 et seq. Chepter 19.65 FWRC, Fa� detaiis re�rdingrequired yerds, see FWRC 19.125.160 d aeq. Chepter 19.70 FWRC respedively. K:�2009 Code Amendmdtis\PW 3T�Refotmatted Zonmg ChaAs\Vasion eent to Stalceho�ers�BC l9•224120 PW 3F.doc 19.225.1Z0 Yersonal wireless service facility. The followin uses shall be pamitted in the ci center core (CC-C) zone sub'ect to the re lations and notes set forth in this section: U5E ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, acrosa for REGULATIONS Minimums z Re uired Yards Z�� y w CC-C USE �5 p SPECIAL REGULATION5 AND NOTES �j w� a w v� e� �x :5 v� ww Personat See note None See notes 1 and 4 Refer to 3ee Not N/A 1. Fot wiroless 2 FWRC note 4 allowed service 19.255.07A on e setbacks see FWRC facility for mexi- pWgg 19.255.020(51(b). m 2. Subject to meeting a11 applicable development standards, the review process used shall be pmcess I, except for the following See note 5 heigitts for p�p for allowed allowed types oP types of PWSFs PWSFe See note 3 (3j a. Process II if�the PWSF is a new freestanding PWSF b. Process �F=f if the PWSF is a lattice tqwer accommodating four or raore providers. s6uetute; er 3. Maximuxn allowed height for a new freestanding PWSF sba11 be the minimum necessary to provide the service up to 100 ft., plus any height granted nnder FWRC 19.110.060. A PWSF shall be allowed up to 120 ft if there are two or more providers; except fLat a lattice tower of between 120 ft, to 150 ft. will be allowed under a combined application of four or more providers. 4. All PWSF sha11 be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF development regulations. At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the community development services director detetmines that the faality is adequately sereened 5. New freastaading PWSFs are allowed subject to haight lixnits aad collocation provisiona PWSFs are allowed on existing towers, oa private buildinge and atructures, on publicly used sirucUuea not locatad in pablic rights-of-way, on existing shuctures located in the BPA hail, and on axiskiag shuctares in approptiate public righta-of-way. Rofer to FWRC 19.255.020 for develo ment ataadarda licable to allowed t a of PWSFa Process I, II, III and IV ere described in For other infonnation about perking and parking arose, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of whet mey exceed thie height limit, see FWRC 19.110.050 et seq. Chepter 19.65 FWRC, For details regarding required yards, see FWRC 91.125.160 et seq. Chapter 19.70 FWRC roepedively. K:\2009 Code Amen�nenblPW SF1RePonnatted Zontrrg ChaRsl Version seat to 3takehoklers\CCC t 9•225-l20 PW9F.doe 19Z30.140 Personal wireless service facility. The followin uses shall be ermitte4 in the ci cente� frame CC-F) zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read dowa to find use THEN, across for REGULATIONS Minimums Re uired Yards Z Z�� y CC-F a b� V 3 m u a w a SPECIAL REGULATION5 AND NOTES Pers�al 3ee note Nme See notes 1 and 4� Refer to Sae Nat N/A 1. For wireless 2 FWRC note 4 allowed service 19.255.0?A e setbacks see FWRC 19.255.020(51(bl. facility for maxi- PW�' 2, Subjact to meeting all applicable development standards, the review process used shall be process I, except for the following mum See no[e 5 heights for P�P°�g� for allowed allowed a Process III for the following proposals: types of typee of PWSFs PWSFs See note 3 f3j �1,� The PWSF is a new freestanding PWSFa or, (21�e PWSF is a lattice tow�{,accommodating four or more providers. sguet�ra;-er 3. Maximuxn allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height gianted under FWRC 19.110.060. A PWSF sha11 be allowed up to 120 ft. if there ara two or more providers; except that a lattice tower of betwaen 120 ft. to 150 ft. will be allowed under a combined application of four or more providers. 4. All PWSF sha11 be landscaped and screened in accordsnce with Chapter 19.125 FWRC and fhe provisions of the PWSF development regula6ona At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the community development services director determines tliat the facility is adaquately ecreened 5. New freestanding PWSFs are allowed subject to height limits and collocation provisiona PWSFs are allowed on existing towers, on private buildings and skuctures, on publicly nsed strucdues not located in public rights-of-way, on exisling structures located in Ute BPA kail, and on existing shuctures in appropriate pablic rights-of-way. Refer to FWRC 19.255.020 for devel nt atandards licable to allowed t es of PWSFs Process I, II, III end IV ace described in For other infomietion about perking and parking areae, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Cheptcr 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For deteils mgarding requirad yards, see FWRC 19.125.160 et seq. Chepter 19.70 FWRC respedively. K�2009 Code Ameudmenis�PW SfiRefotmstted Zc�nmg CLatfa\Vetsion smt to 3tekeho]decs\CCP 19-230-140 PW SF.doc 19.235.100 Personal wireless service facility. The followin uses shall be ermitted in the office ark OPr9�4 zone sub'ect to the r ations and notes set forth in this section: U5E ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, across for REGITLATIONS Minimums o Re uired Yards ZO y� N F OP, aF�-�i a 8 e° USE S w 5PECIAL REGULATIONS AND NOTES u Persmel See note Naie See See See Refer to See Not N/A 1. For wireless 2 note 1 note 1 note 1 FWRC note 4 allowed satbacks sea FWRC 19.255.020(5)(b). service 19.255.020 a 2, Subject to tnee6ng all applicable development standards, the teviaw process uaed aha11 be process I, except for the following facility fa�tnexi- PWSF p a Process i� for the following proposals: See note 5 hei�ts fa� for aliowed el�o�„ed (1) The PWSF is located wittun 300 ft of a re�dential zo types of types of PWSFs PwsFs (2) The PWSF is located on a structure that is a reaidence or school or containa a residence or schoo See note 3 (3) The PWSF is s new freestaztding PWSF b. Process �i if the PWSF is a lattice tower accommodating four or mote providzrs. strue�ra;-er 3. Maximum allowed height for a new freestanding PWSF she11 be the minimum necessary to provide the service up to 100 ft., plus any height g�anted uader FWRC 19.110.060. A PWSF shall be allowed up to 120 R. if there are two or more providers; except that a lattice tower of behveen 120 ft, to 150 ft. will be allowed under a combined applicafion of four or raore providers. 4. All PWSF ahall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of khe PWSF development regulations. At a minimum, a Sve ft. typa III landscaping azea shall be ieq�uired around tLe facility, un[ess the community development services director detem�ines that the facility is adequately acteened 5. New freeataading PWSFs are allowed subject to haight limits and collocafioa pmvisions. PWSFs are allowed on existing towers, on private buildings and strucUues, on publicly uaed shuctuies not located in public rightaof-way, on existing structures located in the BPA trail, and on existing shuctures in appmpriate pnblic rights-of-way. Refer to FWRC 19.255.020 for development standards licable W allowed ea ofPWSFa Process I, II, III end I V aze described in Fa other infoanetian abaut padcing end parkitig aroae, see Chepter 19.130 FWRC. Ch�ter 19.55 FWRC, Chapter 19.60 FWRC, For deteile ofw6at may exceed this height limit, aee FWRC 19.110A50 et seq. Chaptcr19.65FWRC, Fadetailsre re Chapter 19.70 FWRC respectively. �B 4� Y�� aee FWRC 19.125.160 et seq. K:\2009 Code Amendments�PWSF�Reformatted Zonu�g Chatfs\Vasion sent to Stakeholdere\OP 19-235-100 PWSF.doc 19.240.140 Personal wireless service facilities. The followin uses shall be ermiUed in the commercial en rise CE zone sub'ect to the re a6oris and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS O Minimuma E"' Re uired Yards ZONE 'C U '1� uJ e a v CE USE S w v� x v� ay a SPECIAL REGULATIONS AND NOTES Personaa wireless �eees� None See notes 1 and 4 Refer to N/A 1. For service facility FWRC sotbacks ace FWRC 19.255.020 19.255.020(SNbI. See note 5 for See note 2 for 2. Subject to meeting all applicable development standards, the review procass shall be Process I, except for the following allowed types of maximum proposals: PWSF's heights for a. Ptncess�F�I for the following proposals: ailowed (1) The PWSF is located within 300 feet ofa residendal zon types of PW SF's (2) The PWSF is located on a sttucture that is a residence or school or contains a residence or school, See note 3 (3) The PWSF is a new &eestanding PWSF; except as provided in note (2)(c). b. Process if the PWSF is a lattice tower accommodating four or more provider� or the PWSF is a new &eestanding PWSF s�steHue; er 3. Maximuxn allowed height for a new freestanding PWSF shall ba the minimum necessary to provide the service up to 100 ft., plus any height gtantad under FWRC 19.110.060. A PWSF sha11 be allowed up to 120 fk if there are two or more providers; except that a lattice tower of between 120 R. to 150 ft, will be allowed undor a combined applicalion of four or more pmvidera. 4. All PWSFa she11 be landacaped and screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF development ragulations. At a minimum, a five ft. Type III landscape area sLall bo nquited around tha facility, unless the community development services director determinea tLat the facility is adequately acxaened 5. New freestanding PWSFs are allowed subject to height lirrrits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and ahuctures, on publicly nsed sirucUuea not locatad in public rights-of-way, on existing skuchues located in the BPA hail, and oa existing atructnrea in appmpriate public rights-of-way. Refer to FWRC 19.255.020 for development standards applicable to allowed types of PWSFs. Process I, II, III and IV are described in Chapter 19.53 FWRC, For other infonnation about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, For details ofwhat may exceed this height limiy see FWRC 19.110.050 et seq. CLapter 19.65 FWRC, For details regarding required yards, see FVJRC 19.125.160 et seq. ter 19.70 FWRC re ectivel K:\2009 Code AmmdmealsU'W SFRefoxmatted Zonmg Checffi\Veieion sent to Stakeholdae\CS 19-240-140 PW SF.DOC Chapter 19.245. Corporate Park (CP-1) r�� .s,....�c.,�z.,.��,.�� vvneleae 6ee-naEe 9 ne See See See neke-F nete--k xate- fcrta see i�ef i3l� i�RE rtate�4 aHax+cd Z�� .ti�Yry £ee-neEe3 K:�2ppg Code p�menta�PW 3P�Refo:matted Zonfrig G'hatis\Vetafoa eent to Stekeho]decs\CP-1 19-?AS-010 PW SF.doc EXHIBIT B A Brief Technical Summary on PWSFs It is important to know the basics of cellular technology and the safety concerns related to Electromagnetic Fields (EMF) and Radio Frequency (RF) emissions prior to considering the proposed modifications to the PWSF code sections. The proceeding information is based on Centers of Disease Control (CDC) studies, Federal Communications Commission (FCC) reports, and information culled from the World Health Organization (WHO). A cell phone is a portable phone that uses a network of fixed antennas that allow users to call from almost any location. Cellphones send and receive RF signals to and from these antennas. There are two distinct type of antennas called "cellular" (analog signals) and "personal communications service [PCS]" (digital signals). Cellular radio services transmit at a frequency between 824-894 MHz. PCS transmitters use frequencies in the range of 1850-1990 MHz. Shortwave Radio AM Band CB Ham Ham 0_3 Mhz 3 Mhz Cordess Phones Aircraft VHF VHF UHF PC.S. Phones TV+DN TV+DN TV+DTV Pagers Cellular Phones FM Band 30 Mhz 300 Mhz Cor�ess Phones 3000 Mhz coraless Phones Microwaves As the frequency increases, the wavelength of the transmitted signal decreases Mhz Megahertz Millions of cycles per second Cellular/PCS antennas are generally affixed to rooftops, water towers, power poles, and other tall structures. The antennas are placed on taller structures due to the fact that the RF signals are broadcasted on a horizontal plane (vs. an up/down vertical plane) in a fan-shaped direction over a certain distance. These signals intermingle with other antenna arrays to create a network generally made up of base stations and relay stations. Graphical representation of cellular networks. K:�2009 Code Amendments�PWSF�Planning CommissionW Brief Technical Summary on PWSFs.doc Page 1 of 2 Electromagnetic radiation consists of waves of electric and magnetic energy moving together through any given area. Radio and microwaves released by transmitters are a form of electromagnetic energy, generally known as radiofrequency or RF energyhadiation. The terms "electromagnetic field" or "radiofrequency field" is used to indicate the presence of electromagnetic or RF energy. RF fields are considered non-ionizing radiation due to the low energy nature of the waves and therefore cannot cause chemical changes in the human body unlike ionizing radiations like x-rays or gamma rays. Other non-ionizing radiations include microwaves, visible light, and infrared. However, although RF radiation are not strong enough to change the structure of atoms, it maybe strong enough to heat tissue if in extremely close proximity. At any given cellular/PCS site, the total RF power that could be radiated by the antennas depends on the number of transmitters installed, the power of each transmitter, and the type of antenna. Generally, the maacimum power radiated in any direction usually does not exceed SO watts. As with all forms of electromagnetic energy, the power density from the antenna decreases rapidly as one moves away from the source. And since RF signals transmit on a horizontal plane, genera.11y from higher level elevations (i.e. panels mounted on power poles, towers, etc;), ground-level exposures are much less than exposures if one were at the same height and directly in front of the antenna. Measurements made near cellular and PCS installations have shown that ground-level power densities are thousands of times less than the FCC's limits for safe exposure. K:�2009 Code Amendmenu�PWSF�PIanning Commission�A Brief Technical Summary on PWSFs.doc Page 2 of 2 Dav�d Lee 1 �3 From: Sent: To: Cc: Subject: September 28, 2009 Sarah Telschow [stelschow�reaicomassoc.com] Monday, September 28, 2009 3:16 PM David Lee Jennifer Taylor; Greg Fewins; Margaret Clark Comments Regarding City of Federal Way's Proposed Personal Wireless Service Facility (PWS� Regulation Changes David Lee, Associate Planner City of Federal Way 33325 8� Avenue South Federal Way, WA 98063 Re: Comments Regarding City of Federal Way's Proposed Personal Wireless Service Facility (PWSF� Regulation Changes Dear Mr. Lee: Thank you for opportunity to provide comments on the City of Federal Way's proposed personal wireless service facility (PWSF) regulation changes. RealCom Associates appreciates the chance to review and critique the City of Federal Wa}�s proposed code amendmen� Hopefully, the City of Federal Way will thoroughly consider the suggestions presented in this letter. Some of the changes presented in the proposed PWSF code changes are positive. However, many of the changes still create uncertainty and unclear regulations for wireless providers. Telecommunication fa.cilities provide critical communication services for emergency, business, and personal use. Reliable wireless service in the City of Federal Way provides a benefit the public. Cellular telephone coverage improves emergency services such as police and fire when traditional landline phones are inaccessible and/or not worki�g. This is often the case for stranded motorists, after a severe storna, or the result of other types of emergencies. La.w enforcement agents, neighborhood watch programs, and in.dividuals use wireless telephones in emergency situations to help emergency serviees respond quickly by reducing notification times. As a result, telecommunication facilities provide a net positive effect on emergency services for the public by enhancing the efficiency and quality of wireless telephone services. However, confusing and diffitcult development regulations create problematic situations for both the wireless carrier and the community. The following outlines specific comments regardir�g the City of Federal Wa}�s proposed PWSF code amendment: Land Use Zone Charts for PWSF (Sections 19.195.190 to 19245.Oi0) o Not allowing freestanding structures under any permit/design process in the followir�g zones especially: PO and BN could be construed as prohibiting wireless fa.cilities. It is feasible that new freestanding facilities would be the lowest of the prioritized locations and that especially in the residential zones that limitations may existing regarding height, design, and type of property (i.e. property must have a non-residential use etc.). a'� A E'art�.` 2 �Y�'* c i d Section 19.255.010(4) Priontize� loca ns� o(d) "nonresidential �es" sho d� o�e��t�SU�eS'ts at attaching to existing struetures and buildin.gs in residential zones is not allowed while the zoning charts indicaxe that a.txa.a.ching to existing structures is allowed. Perhaps the addition of a lower priority location for existing structures in R zones rather than lea�e it out of the priority of locations entirely. Section 19.255.020 Development standards o(1)(b) "Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper." This is very confusing without a clear explanation of what the city deems a"rooftop appurtenance". Does this include elevator shafts, penthouses, parapet walls, mechanical screeningP Additionally, the city does not define "roof proper". This will be a very confusing requirement and could create a variety of interpretations. o(1)(e) "The maximum size of the PWSF panels and number of antennas shall be determined b� the director of community development services." 'I�is is too vague and does not provide any criteria for the provider to follow in order to design new facilities. This should be changed to indicate that the provider must prove and/or provide doc�mentation that the prop.osed facility is the minimum size necessary in order to meet coverage objectives in the �area. o.(4) (a� (i) and (u� "...maximum size of the building to be determined on a case-by-case basis by the director of community development services." This is too vague and does not provide any criteria for the provider to follow in order to design new facilities. lfiis should be changed to indicare that the provider must prove and/or provide docvmenta.tion that the proposed building size is the minimum size necessary. Thank you again for the opportunity to provide on the proposed PWSF code amendment. If you ha�e any questions and/or concerns about the above letter, please feel free to conta.ct RealCom Associates. Respectfully, Sarah Telschow, Planner Jennifer Taylor, Planner 14432 SE Eastga,t�e Way, Suite 260 14432 SE Eastgaxe Way, Suite 260 Bellevue, WA 98007 Bellevue, �A 98047 (42.5� 274-4444 (425� 27�-44�4 ste�cho��_•rc;�c�►n��.ssoc.coan ,��or:�?realcorrfa�soc.r.ofrr i ,2