LUTC PKT 10-19-20095:30
City of Federal Way
City Council
Land Use/Transportation Committee
19, 2009 City Hali
n, Council Chamber
MEETING AGENDA
(Electronic version only)
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMI fTEE BUSINESS
Action Coundl
Topic Title/Description Presenter Page or Info Date Time
A. Approval of Minutes: October 5, 2009 LeMaster 2 Action
B. School Impact Fees Kraus 5 Action
C. Personal Wireless Service Facility Lee 40 Action
D. Pacific Highway S HOV Lanes Ph. IV Roberts 125 Action
(S 312"' Street to Dash Point Rd) Project
Supplement to Lakehaven Utility District
Design-Construction Interlocal Agreement
4. OTHER
N/A 5 min.
li/03/09 10 min.
Consent
11/03/09 10 min.
Ordinance
li/03/09 5 min.
Consent
5. FUTURE MEEfINGS/AGENDA ITEMS: The next regularly scheduled LUTC meeting will beMonday,
November 2, 2009.
6. ADJOURN
Committee Members CiN Staff
Unda Kochmar, Chai� Cary M. Roe, P.E., Directo� of Parks, Public Works and Emergency Management
�im FeTe�� Dadene LeMaster, Administrative A�'stant II
Dini Duc% 253-835-2701
�•luircl�urcnyendas andsum�es zoosl�a.r9-ov curcnye�,da.aoc
City of Federal Way
City Council
Land Use/Transportation Committee
October 5, 2009
5:30 PM
City Hall
City Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Linda Kochmar and Committee Members Ferrell and Duclos
present.
Council Members in Attendance: Jeanne Burbidge
Staff Members in Attendance: Deputy Public Works Director Marwan Salioum, Director of Community Development
Services Greg Fewins, Deputy Public Works Director Ken Miller, Assistant City Attorney Peter Beckwith, Plan ning
Manager Isaac Conlen, Surface Water Manager Wilt Appleton, Senior Planner Joanne Long-Woods, Senior Planner
Margaret Ctark, Street Systems Project Engineer John Mulkey, Street Systems Engineer Jeff Huynh, and Administrative
Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 530 PM.
2. PUBLIC COMMENT
There was no public comment.
3. BUSINESS ITEMS
F'onvard
Topic Title/Description to Council
A.
B.
C.
AQproval of the September 21, 2009, LUTC Minutes
Committee approved September 21, 2009 LIITC minutes as presented.
Moved: Duclos Seconded: Kochmar Passed: 2-0
SEPA Amendments and Zoning Code Amendments
Joanne Long-Woods presented information on this item. There was no public comment. Ms.
Long-Woods re-emphasized the exemption modifications made: 1) to raise SEPA exempt levei
thresholds; and 2) modify decisional criteria of land use processes to address potential traffic
safety issues for minor construction projects. Committee Member Duclos asked if when
approved by the Planning Cammission, the recommendation for traffic mitigation was also
included. Ms. Long-Woods stated that Planning Commission included traf�ic mitigation in
their recommendation. Pianning Commission heid a pubiic hearing in which there was no
public comment. An email from the Master Builders Association was read into record
supporting the proposed amendments.
Committee forwarded Option #1 as presented.
Moved: Duclos Seconded: Ferrelf Passed: Unanimously, 3-0
S 352 Street Extension Project 30% Design Status Report
John Mulkey presented information on this item. There was no public comment. Committee
Member Ducios inquired about available funding. Deputy PW Director Salloum responded
that a portion of the funding is from the Council approved 2009-2010 Utility Tax. Should
Council need to revise these amounts, staff wiil adjust accordingly. This project will be done
2
N/A
10/20/2009
Consent
10/20/2009
Consent
G:�[.[ITCU.UTC Agendas and Summaries 2009\IO-OS-09-Minutes.doc
Land Use/Transportation Committee Page 2 October 3009
D.
as one project. Currently at the 30% design stage, staff is attempting to package this project to
the Transportation Improvement Board (TIB) in order to score the highest point score possible
to receive funding. An example of this is to show that the project has 10% private funding_
Staff hopes to have property owners affected by the project willing to grant to the City the land
that will be needed to show the l0% funding tevel. Council Member Burbidge also stated that
funding for transportation improvement projects is on the upswing. She encourages staff to
follow through with the grant appiication process, stating that this project is very important for
economic development in this particu(ar area. Deputy PW Director Salloum also noted that
staff has been successful obtaining grant monies in the past with "construction ready" projects.
Committee forwarded Option #t as presented.
Moved: Duc(os Seconded: Ferrell Passed: Unanimously, 3-0
2010 Asphatt Overlay Program Preliminary Project List and Authorizatiou to Bid
10/20/2009
Consent
E.
F.
G.
Marwan Salloum presented information on this item. There was no public comment.
Committee Member Fenelt asked if staff anticipates receiving any extra money from the Camp
Kilworth funds. Mr. Salloum explained the process of how streets and schedules for the
overiay are identified. If Councii appropriates funds from the money previously set aside for
the Camp Kilworth sale, staff will add some residential work_ The Committee complimented
staff for an excellent job they have done keeping our city's streets in good repair.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos Passed: Unanimousty, 3-0
WA State Department of Ecology Grant (GROSS)— Permission to Apply
Will Appleton presented information on this item. There was no pubtic comment or discussion.
Committee forwarded Option #1 as Qresented.
Moved: Duclos Seconded: �erre(i Passed: Unanimously, 3-0
WA State Department of Ecology Grant {Sea Lettuce) Permission to Apply
Will Appleton presented information on this item. There was no public comment or discussion.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Ducios Passed: Unanimousty, 3-0
Acceptance of King County Conservation Futures Funding and Acquisition Update
10/06/2009
Business
i 0/20/2009
Consent
10/20/2009
Consent
Will Appieton presented information on this item. There was no pub{ic comment. Committee
Member Duclos inquired as to exactly what the City is purchasing. Mr. Appleton clarified that
the City has the opportunity to Qurchase up to all three Enticknap parcels in their entirety as
well as up to the entire Snyder parcel. Both property owners have shown interest in selling
their land to the City for conservation measures. Chair Kochmar asked where the grant funds
come from. Mr_ Appleton explained that the KC Conservation Futures Funding committee
appropriates fttnds derived from tax measures throughout the County. This grant requires 50%
matching City funds. SWM currently has the money to match this grant.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos
Passed: Unanimously, 3-0
3
G:U.UTL1LifCC Agendas and Summaries 2009\10A5-09-Minutes.doc
Land Use/Transportation Committee Page 3
4. OTHER
There was no further discussion or additional topics addressed.
October 5, 2009
5. FUTURE MEETING
The next regular LUTC meeting wiil be Monday, October i9, 2009, at 5:30 PM in City Council Chambers.
6. ADJOURN
The meeting adjourned at 6:08 PM.
Attest:
COMMITTEE APPROVAL:
Dartene LeMaster, Administrative Assistant I[
Linda Kochmar, Chair Jim Ferreil, Member Dini Duclos, Member
G:�1.tli'CILUTC Ageadas and Sumrt+aries 2009\IOAS-09-Wiinures.doc
COITNCIL MEETING DATE: November 3, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUBJECT: FEDERAL WAY PUBLIC SCHOOLS 201 O CAP[TAL FACILITIES PLAN AND SCHOOL IMPACT FEE UPDATE
POLICY QUEST[ON Should the City approve the 2010 School Impact Fees?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent
City Council Business
Ordinance
Resotution
MEETING DATE: October 19, 2009
Public Hearing
Other
STAFF REPORT BY: Tho Kraus Finance Director DEPT: Finance
Attachments:
Memorandum
Federal Way School District 2010 Capital Facilities Plan.
Options Considered:
1. Approve District's CFP and proposed impact fee for 20 i 0.
2. Deny approval of the 2010 School Impact Fees and provide direction to staff.
STAFF RECOMMENDATION Staff recommends Council approval of the District's CFP and proposed impact
fee for 2010.
CTTY MANAGER APPROVAL: �„(�t,y� Ib iS DIRECTOR APPROVAL:
Committee Council Committee Council
COMMITTEE RECOMMENDATION Forward the Federal Way School District 2010 Capitai Facilities Plan and
proposed impact fee to full Council for approval with implementation of the proposed fee effective January 1, 2010.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION "I move approval of the proposed 2010 school impact fee at $3,832 per single-
family unit and $2,114 per multi-fami(y unit to be effective January l; 2010."
(BELOW TO BB COMPLETED BYCITYCLERKS OFFICE)
COUNCiL ACTION:
APPROVED COUNCIL BILL
DENIED isT reading
TABLED/DEFERRED/NO ACTION Enactment readi�
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED-02/06/2006 RESOLIJTION
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
October 19, 2009
Federal Way City Council Land Use and Transportation Committee
Brian Wilson, Interim City Manager
Tho Kraus, Finance Director
Federal Way Public Schools 2010 Capital Facilities Plan/School Impact Fee
The City has received the Federal Way School District's 2010 Capita( Facilities Plan with the proposed
school impact fees for the City's annual review and adoption.
The new fees, if approved, will be effective January 1, 2010, are $3,832 per single-family unit and $2,114
per multi-family dwelling unit. This is a$185 or 4.6% decrease from the $4,017 single-family rate, and
$381 or 22.0% increase from the $1,733 multi-family rate.
A number of variables go into the school impact fee calculation. Among them are the District's facility
needs, construction costs required for schools, and the student generating factor (average students per
household in eiementary, middle, and high schools respectively) in new single and mu(ti-family
developments. The calculated amounts are then reduced by any state matching funds and voter approved
property taxes for construction. Finally, a 50% factor is applied to eliminate imperfections in the fee
calculation model.
Anachmenrs:
Federal Way School District 2010 Capital Facilities Plan (the new impact fee caiculation is on page 30).
Commitlee Recommendation:
Forward the draft Federal Way School District 2010 Capital Facilities Plan and proposed impact fee to
full Council for approval with implementation of the proposed fee of $3,832 per single family
development and $2,114 per multi-family development effective January l, 2010.
Committee Approvul
C:nmm:ittee f'.hair
�e Member
6
FEDERAL WAY PUBLIC SCHOOLS
2010
CAPITAL FACILITIES PLAN
BOARD OF EDUCATION
Suzanne Smith, President
Tony Moore, Vice President
Ed Barney, Director
Amye Bronson-Doherty, Director
Angela Gri�n, Directar
SUPERINTENDENT
Thomas R. Murphy
Prepared by: Sally D. McLean
Tanya Nascimento
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
TABLE OF CONTENTS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
TABLE OF CONTENTS
INTRODUCTION
THE CAPITAL FACILITIES PLAN
Introduction
Inventory of Educational Facilities
Inventory of Non-Instructional Facilities
Needs Forecast Existing Facilities
Needs Forecast New Facilities
Six Year Finance Plan
MAPS OF DISTRICT BOUNDARIES
Introduction
Map Elementary Boundaries
Map Midd(e School Boundaries
Map High School Boundaries
SUPPORT DOCUMENTATION
Introduction
Bui(ding Capacities
Portable Locations
Student Forecast
Capacity Summaries
King County Impact Fee Calcuiations
SUMMARY OF CHANGES FROM THE 2009
PLAN
1
2-3
4
5
6
7
8
9
il
i2
13
14
15
t6-17
18-19
20-22
23-27
28-30
31-33
1
8
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
INTRODUCTION
In response to the requirements of the State of Washington Growth Management Act
(SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee
Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249
effective December 21, 1995 as amended, City of Kent Ordinance No.32b0 effective
March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way
Public Schools has updated its 2010 Capital Facilities Plan as of May 2009.
This Plan is schedu(ed for adoption by King County, the City of Kent, City of Federal
Way and the City of Auburn and is incorporated in the Comprehensive Plans of each
jurisdiction by reference. This plan is also included in the Facilities Plan element of the
Comprehensive Pians of each jurisdiction. To date, the City of Des Moines has not
adopted a school impact fee ordinance. The City of Des Moines coilects school impact
fees as part of the SEPA process.
The Growth Management t�ct requires the County to designate Urban Growth areas
within which urban growth can be encouraged. The Growth Management Planning
Councii adopted and recommended to the King County Council four Urban Growth Area
Line Maps with designations for urban centers. A designation was made within the
Federal Way planning area, which encompasses Federa( Way Public Schools boundaries.
King County will encourage and active(y support the development of Urban Centers to
meet the region's need for housing, jobs, services, culture, and recreation. This P(an's
estimated population growth is prepared with this underlying assumption.
This Capital Facilities Plan will be used as documentation for any jurisdiction, which
requires its use to meet the needs of the Growth Management Act. This plan is not
intended to be the sole planning tool for a11 of the District needs. The District may
prepare interim plans consistent with Board policies or management need.
The District has prepared a multi-phase plan for the renovation and construction of
Federat Way Schools and support buiidings. The Board authorized presenting the $149
cnillion bond on May 15, 2007. The bond, passed at 63.93%, will replace four
elementary schools, Lakeland, Panther Lake, Sunnycrest and Valha(la and one middle
school, Lakota.
Plans to replace Federa( Way High School and Decatur High School and to increase
capacity by approximateiy 400 students at each school are planned in later phases.
Federal Way High School was buiit in 1938. It has been added onto at least 10 times and
current(y has an almost maze-like layout. Based on an annual4% increase in
construction cost, the estimated cost to rebuild Federal Way High School is $122 mi(lion.
Estimated construction costs will be re-calculated prior to the next bond e(ection. None
of the cost to replace Federal Way or Decatur High Schoot is included in the Impact Fee
calculation in this Plan.
2
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
The non-instructiona( projects included in the plan wil! consolidate support services
operations at a singte iocation. The current Transportation and Maintenance facility
cannot continue to meet the District needs in the future. Nutrition services and other
administrative functions will a(so relocate to this centralized location.
In September 2007 Woodmont Elementary School began a K-8 program by adding a 6`
grade and progressively adding a grade level each year. In March 2008, the Board
approved a second K-8 program at Nauti(us Elementary School. Nautilus began the
2008/09 school year with K-6�' grade. As the program grows there will be more data
available about the unique facility needs for this grade configuration.
The District opened a new school in September 2008. The Technolo�y Access
Foundation (TAF) Academy will provide a small school setting for 6 through 12`�' grade
students. This academy is funded through a unique public/private partnership between
the Technology Access Foundation and Federal Way Public Schools. The focus of the
school is Science, Technology, Engineering and Math (STEM). The TAF Academy
opened in September of 2008 with students in grades 6, 7 and 9. In the 2009/10 school
year TAF Academy added 8`�' and 10"' grade. Grades 11 and 12 will be added in
successive years with a target population of about 350.
The District continues to study schooi boundaries as new housing and fluctuating
populations impact specific schools. Some shifts in boundaries may be required in the
coming year.
3
10
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
SECTION 1- THE CAPITAL FACILITIES PLAN
The State Growth Management Act requires that severa( pieces of information be
gathered to determine the facilities avai(able and needed to meet the needs of a growing
community.
This section provides information about current facilities, existing facility needs, and
expected future facility requirements for Federat Way Public Schoois. A Financial Plan
that shows expected funding for any new construction, portables and modernization listed
follows this.
4
11
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
INVENTORY OF EDUCATIOIYAL FACILITIES
ELEMENTARY SCHOOLS
Adelaide
Brigadoon
Camelot
Enterprise
Green Gables
Lake Dolloff
Lake Grove
Lakeland
Mark Twain
Meredith Hili
Mirror Lake
Nautilus (K-8)
Olympic View
Panther Lake
Rainier View
Sherwood Forest
Silver Lake
Star Lake
Sunnycrest
Twin Lakes
Valhalla
Wildwood
Woodmont (K
MIDDLE SCHOOLS
Federal Way Public Academy (6-10)
Illahee
Kilo
Lakota
Sacajawea
Saghalie
Sequoyah
Totem
TAF Academy (6-12)
HIGH SCHOOLS
Decatur
Federal Way
Thomas Jefferson
Todd Beamer
Career Academy at Truman
ALTERNATIVE SCHOOLS
Merit School
1635 SW 304th Street
3601 SW 336th Street
4041 S 298th Street
35i01 Sth Avenue SW
32607 47th Avenue SW
4200 S 308th Street
303 SW 308th Street
35827 32° Avenue S
2450 S Star Lake Road
5830 S 300th Street
625 S 314�' Street
1000 S 289th Street
2626 SW 327th Street
34424 lst Avenue S
30i5 S 368th Street
34600 12th Avenue SW
1310 SW 325th Place
4014 S 270th Street
24629 42° Avenue S
4400 SW 320th Street
27847 42" Avenue S
2405 S 300th Street
26454 16th Aver►ue S.
34620 9`� Avenue S
36001 lst Avenue S
4400 S 308th Street
1415 S W 314th Street
1101 S Dash Point Road
33914 19th Avenue SW
3450 S 360' ST
26630 40`�' Ave S
26630 40`� Ave S
2840 SW 320th Street
30611 16th Avenue S
4248 S 288th Street
35999 16th Ave S
31455 28th Ave S
36001 1 S` Ave S
31455 28` Ave S
Federa( Way
Federa( Way
Auburn
Federal Way
Federat Way
Auburn
Federal Way
Auburn
Federal Way
Auburn
Federal Way
Federal Way
Federal Way
Federal Way
Federa( Way
Federal Way
Federal Way
Kent
Kent
Federal Way
Auburn
Federal Way
Des Moines
Federa( Way
Federal Way
Auburn
Federal Way
Federal Way
Federal Way
Auburn
Kent
Kent
98023
98023
98001
98023
98023
98001
98023
98001
98003
98001
98003
98003
98023
98003
98003
98023
98023
98032
98032
98023
98001
98003
98i98
Internet Academy
5
98003
98003
98001
98023
98003
98023
98001
98032
98032
Federa( Way 98023
Federat Way 98003
Auburn 98001
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federa( Way 98003
E�
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES
Developed Proaertv
Administrative Building
MOT Site
Central Kitchen
Federal Way Memorial Field
Leased Space
Community Resource Center
Available Office Space
31405 18th Avenue S
1066 S 320th Street
1344 S 308th Street
1300 S 308th Street
1813 S Commons
32020 l Ave S
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Undeveloped Propertv
Site Location
75
65
60
73
71
82
96
81
SW 360th Street 3rd Avenue SW 9.2 Acres
S 351st Street 52nd Avenue S— 8.8 Acres
E of lOth Avenue SW SW 334th SW 335�' Streets 10.04 Acres
N of SW 320�` and east of 45�` PL SW 23.45 Acres
S 344th Street 46th Avenue S- 17.47 Acres
1 Way S and S 342 St Minimal acreage
S 308�' St and 14�` Ave S—.36 Acres
S 332" St and 9�' Ave S— 20 Acres
Notes:
Not all undeveloped properties are large enough to meet school construction
requirements. Properties may be traded or sold depending on what locations are needed
to house students in the District.
0
13
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
NEEDS FORECAST EXISTING FACILITIES
EX[STING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF
FUNDS
Purchase and Relocate Interim Capacity Anticipated source of funds is
Portables Im act Fees.
Etementary Schools: Replace Existing Buildings Voter approved bonds.
Lakeland, Panther Lake, Increase capacity at Lakeland,
Sunnycrest and Vaihal(a Panther Lake, Sunnycrest and
Valhal(a b a total of 200 seats
Lakota Middie School Re lace Existin Bui(din Voter a roved bonds
Federai Way High School Replace Existing Building, Future bond authorization
Increase Ca aci
Decatur High School Repiace Existing Building, Future bond authorization.
Increase Ca aci
The District is also planning the replacement of some non-instructional facilities. The
District has purchased 20 acres (Site #81) for construction of consolidated facilities for
support services functions. Transportation, Nutrition Services, Maintenance and other
non-instructiona( functions will be housed at this centralized (ocation.
As part of the multi-phase plan, the District intends to increase capacity for high schoo(
students with expansion at the Decatur High School site. Increased capacity at Federai
Way High and at Decatur High in tater phases supplant the need for construction of a
fifth comprehensive high schooL
7
14
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
NEEDS FORECAST ADDITIONAL FACILITIES
NEW FACILITY LOCATION ANTICIPATED SOURCE
OF FUNDS
No current plans for additional facilities.
3
15
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Secured Funding
Projected Revenue
Actual and Planned Expenditures
Six Year Finance Plan
Sources
Im act Fees 1 $69,875
Land Sale Funds 2 $143,642
Bond F�nds 3 $81;545,134
State Match 4 $4,598,259
TOTAL 577,160,392
Sources
State Match S $20,000,000
Bond or Le Funds 6 $67,000,000
Land Fund Sales 7 $10,000,000
lm act Fees 8 $1 800,000
TOTAL $98,800,000
Total Secured Funding and Projected Revenue $1'75,960,392
3. 77us is the 12/31/O8 balance of bond fimda. This figure includes interest eanungs.
4. ln an[icipatiott of State Match Funds fur Valhalla, Panther Lake, Lakeland, and Sunnerest Elementaries and Lakota Middle Schoul, work on speciSc building upgrades is occurring.
'[l�is is a year end balance on l2/31/O8.
5. 1'his is anticipated State Match for projzcts attached to £uture bond issues. Thie i3 baseA un ]uly 1, 2006 State Match indices. State Match funds are being used for high priority repain, upgiades
and system improvements ro existing buildings. 'Ihese improvements include HVAC, and other structural improvements aze not reland ro capaciry increase.
6. These ue anticipated bond funds. Voters have approved a bond for $149m, $45m of this bond is for non school wnshuction. As of l2/31/08, $82m has been sold.
7. Projected sale of surplus properties.
S. These az•e projected fees based upon known rosidential developments in the District over the next six years. This 6gure assumes $25,000 per moath for the next six years.
This Sgure has been adjusted ro reflect the current economy.
9. 'Chese ftes represent the cost of purchasing and instaliing new ponables. 1'he puttable expenditure in future years may replace exisung portubles that are not Eunctional.
These may not increaee capaciry und are not included in the capacity sunwury.
NOTES:
L These fees are cucrently being held in a King Counry, Ciry of Federal Way and City of Kent impact fee account, and will be
availabie for �se by the District for system improvements. This is yea� end balaz�ce on 12/31/O8.
2. These funds come from various sales of land and w�e set aside for estimuted expenditures. This is year end bxlance on 12/31/08.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPiTAL FACILITIES PLAN
SECTION 2- MAPS OF DISTRICT BOUNDARIES
Federat Way Public Schoots has twenty-one elementary schools (grades K-5), two
schools with a K-8 grade configuration, seven middle schooi schools (grades 6-8), four
high schools (grades 9-12) and three small secondary schools. The Federal Way Public
Academy serves students in grades 6-10. The TAF Academy serves students in grades 6-
12 who reside in the Totem Middle School service area. The Career Academy at Trutnan
High School serves students in grades 9-12. The Internet Academy serves grades K-12.
The following maps show the service area boundaries for each schoo(, by school type.
(Career Academy at Truman High School, Merit School, Internet Academy and Federal
Way Pubtic Academy serve students from throughout the District). The identified
boundaries are reviewed annualty. Any change in grade configuration or adoption of
programs that affect schoot populations may necessitate a change in school service areas.
The Growth Management Act requires that a jurisdiction evaluate if the public faci(ity
infrastructure is in place to handie new housing developments. In the case of most public
facilities, new development has its major impact on the facilities immediate(y adjacent to
that development. School District are different. If the District does not have permanent
facilities available, interim measures must be taken until new facilities can be built or
until boundaries can be adjusted to match the poputation changes to the surrounding
facilities.
Adjusting boundaries requires carefu( consideration by the District and is not taken
{ightly. It is recognized that there is a potential impact on students who are required to
change schools. Boundary adjustments impact the whole district, not just one school.
It is important to reaiize that a single housing development does not require the
construction of a complete schooi facility. School districts are required to project growth
throughout the district and build or adjust boundaries based on growth throughout the
district, not just around a single development.
11
17
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
ELEMENTARY SCHOOL BOUNDARIES
Q Etementary Schools Middle Schools
1 Adelaide 36 Federal Way Public Academy
2 Brigadoon 30Itlahee
3 Camelot 31 Kito
4 Enterprise 32 Lakota
5 Green Gables 33.Sacajawea t; ��-4�£
6 Lake Dolloff 34 Saghalie �-r
7 Lake Grove 37 Se 7 uo ah s
x
`I J ,.3 i 4.. M
8 Lakeland 35 Totem y
9 Mark Twain �s
High Schools
10 Meredith Hill
11 Mirror Lake 40 Decatur i
41 Federal Wa E
12 Nautilus Y e.,
13 Olympic View 421 Thomas Jefferson
45 Todd Beamer
14 Panther Lake
15 Rainier View 49 Career Academy at s
t
16 Sherwood Forest Truman -b
17 Silver Lake Q Administrative 3
x
18 Star Lake Building r 3�}..�
19 Sunnycrest
Undeveloped Property i
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodmont G"
-3-3
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
MIDDLE SCHOOL BOUNDARIES
Elementary Schools Middle Schools
1 Adelaide 36 Federal Way Public Academy
2 Brigadoon 30Iliahee
3 Camelot 31 Kito
4 Enterprise 32 Lakota
.�m
5 Green Gabies 33 Sacajawea 3�. ,C
6. Lake Dolloff 34 Sagha(ie
7� Lake Grove 37 Se uo ah z,.-�
9 Y
Lake(and 35 Totem
9 Mark Twain k
10 Meredith Hiil High Schools
11 Mirror Lake 40 Decatur
12 Nautilus 41 �Federal Way =�x�
13 Olympic View 421 Thomas Jefferson p,
14 Panther Lake 45 Todd Beamer
15 Rainier View 49 Career Academy at
D
a
16 Sherwood Forest Truman `t
17 Silver Laice V
Q Administrative Buitding
18 Star Lake MOT Site ����d
19 Sunnycrest
20 Twin Lakes Undeveloped Property
a>
21 Valhalla fl
22 Wildwood
23 Woodmont
0;
C�
.q
3
3 r
m
.,e: y
6.
r.
s a..
e
�r
J
f
L �6_ s�
e
.r: g j
N s
�r
o
.-7 V g r
V�I E
S 19
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
HIGH SCHOOL BOUNDARIES
Elementary Schoois Middle Schools
t Adelaide 36 Federal Way Public Academy
2 Brigadoon 30Iliahee
3 Camelot 31 Kilo
4 Enterprise 32 Lakota
5 Green Gables 33 Sacajawea
6 Lake Doiloff 34 Saghalie
7 Lake Grove 37 Sequoyah
8 Lakeland 35 Totem
9 Mark Twain
10 Meredith Hi(1 High Schools
11 Mirror Lake 40 Decatur
12 Nautilus 41 Federal Way
13 Olympic View 421 Thomas Jefferson
14 Panther Lake 45 Todd Beamer
15 Rainier View 49 Career Academy at
16 Sherwood Forest Truman
17 Silver Lake Q Administrative Building
18 Star Lake MOT Site
19 Sunnycrest
20 Twin Lakes Undeveloped Property g
21 Valhalla
ri
22 Wildwood
23 Woodmont �-z
T
FEDERAL WAY PUBLIC SCHOOLS 20i0 CAPITAL FACILITIES PLAN
SECTION 3 SUPPORT DOCUMENTATION
Building Capacities The Education Program
Portable Locations
Student Forecast 2010 through 2016
Capacity Summaries
King County Impact Fees Single and Multi-Family Units
15
21
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACIL[TIES PLAN
Building Capacities
This Capital Facilities Plan establishes the District's "standard of service" in order to
ascertain the District's current and future capacity. The Superintendent of Pub(ic
Instruction estabiishes square footage guide(ines for capacity, but these guidelines do not
take into consideration the education program needs.
In general, the District's current target class size provides that the average class size for a
standard classroom for grades K through 2 shou(d be 20 students. In grades 3-5 the target
is 25 students. For grades 6 to 12 the target class size is 26 students. C(assrooms for
students with Individualized Education Program (Special Education) needs are ca(culated
at 12 seats per classroom.
Using the OSPI square footage calculation as a base line, the District has calculated a
program capacity for all schoo(s. A recent Study Survey was the basis for changes to
the OSPI building report. The fot(owing list clarifies the adjustmer►ts to the OSPI
calculation.
Music Rooms:
Each elementary schoot requires a standard classroom for music instruction.
Al! Day Kindergarten:
Every elementary school operates at least one al( day Kindergarten program. These all
day Kindergarten program require additional capacity because the standard classroom is
available for one all day session rather than two half day sessions. The District will
operate 52 sections of all day Kindergarten in 2009/10
Speciat Education Resource Rooms:
Each elementary and middle school requires the use of a standard classroom(s) for
special education students requiring instruction to address specific disabilities
English as a Second Language Programs:
Each elementary, middle school and high school requires the use of a standard classroom
for students learning English as a second language.
Middle School Computer Labs:
Each middte school has computer labs.
High School Career Development and Learning Center (Resource) Room:
Each high school provides specia( education resource room and career development
classrooms for students requiring instruction to address specific disabilities.
Fxa
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
BUILDING PROGRAM CAPACITIES
Elementa Avera e 373
Notes:
*Middle School Avera e 754 762
*Hi h School Avera e 1 299 1 89
Federal Way Public Academy and Career Academy at Truman High School
are non-boundary schools. These schools are not used in the calculated averages.
Technology Access Foundation Academy is housed entirely in portables
on the Totem Middle School site.
17
23
MmDLE SCHOOL BUILDING
PROGRAM CAPACITY
ELENtENTARY BUILDING
PROGRAM CAPACITY
HIGH SCHOOL BUILDING
PROGRAM CAPACITY
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Portable Locations
The Washington State Constitution requires the State to provide each student a basic
education. It is not an efficient use of District resources to build a school with a capacity
for 500 students due to (ack of space for 25 students when enrol(ment fluctuates
throughout the year and from year to year.
Portables are used as temporary facilities or interim measures to house students when
increasing population impacts a school attendance area. Portables may also be required
to house students when new or changing progra�ns require additional capacity. They also
provide temporary housing for students until permanent facilities can be financed and
constructed. When permanent facilities become availabte, the portable(s) is either used
for other purposes such as storage or child care programs, or moved to another school for
an interim classroom. Some portables may not be fit to move due to age or physical
condition. In these cases, the District may choose to buy new portables and surplus these
unfit portables. It is the practice and philosophy of Federal Way Public Schools that
portables are not acceptable as permanent facitities.
The following page provides a(ist of the location of the portable faeilities, used for
temporary educational facilities by Federal Way Pub(ic Schools.
i�?
24
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
PORTABLE LOCATIONS
PORTABLES LOCATED
AT HIGH SCHOOLS
ederal Way
homas Jefferson
odd Beamer
AF Academy
'OTAL
norr
R757RUCTIONAL MSRNC710AAL
9
2 1
10
S 1
8
37 2
PORTABLESLOCATED
AT SUPPORT FACILITIES
MOT 1
TDC 5
TOTAL 6
HEAD START PORTABLES AT DISTRICT SITES
Sherwood Forest 1
Total 1
19
25
PORTABLES LOCATED
AT ELEMENTARY SCHOOLS
PORTABLES LOCATED
AT MIDDLE SCHOOLS
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Student Forecast
Student enrollment projections are a basic component of budget development.
Enro(lment projections influence many of the financial estimates that go into budget
preparation. The majority of staffing requirements are derived directly from the
forecasted number of students. A(locations for instructional supplies and materials are
also made on the basis of projected enrollment. Other expenditures and certain revenue
projections are directly related to enroilment projections.
Enrollment projections are completed annually in the Business Services Department.
Projections must be detailed at various levels, district total, school-building totals, grade
Level and program leve( to include vocational and speciai education students.
The basis of projections has been cohort survival ana(ysis. Cohort surviva( is the analysis
of a group that has a common statistica( value (grade level) as it progresses through time.
In a stable population the cohort would be 1.00 for all grades. This analysis uses
historical information to develop averages and project the averages forward. This
method does not trace individual students; it is concerned with aggregate numbers in each
grade level. The district has used this method with varying years of history and weighted
factors to study severa( projections. Because transfers in and out of the school system are
common, student migration is factored into the analysis as it increases or decreases
survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The
district collects information on birth rates within the district's census tracts, and treats
these statistics as a cohort for kindergarten enrollment in the appropriate years.
The Federal Way School District is using various statistical methods for projecting
student enrollments. The resultant forecasted enroltments are evaluated below.
The first method is a statistical cohort anatysis that produces ten distinct forecasts. These
are forecast of enrollment for one year. The projections vary depending on the number of
years of historical information and how they are weighted.
A second method is a projection using an enro(lment projection soflware package that
allows the user to project independently at school or grade level and to aggregate these
projections for the district level. The Enrollment Master software provides statistical
methods including trend line, standard grade progression (cohortj and combinations of
these methods. This software produces a five-year projection of schoot enrotlment.
In December 2006, the District contracted a demographer to develop projections for the
Federal Way School District. The report was complete in January 2007. The model used
to forecast next year's enrollment uses cohort survival rates to measure grade to grade
growth, assumes market share losses to private schools (consistent with county-wide
average), assumes growth from new housing or losses due to net losses from migration.
This forecast was provided as a range of three projections. The long-range forecast
provided with this report used a model with cohort survival rates and growth rates based
on projected changes in the 5-19 age group for King County. Most of the methods used
for long range enrollment reporting assume that enrollment is a constant percent of
20
26
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
something else (e.g. popuiation) or that enrotlment wilt mirror some projected trend for
the school-age poputation over time. The report included 5 different calculations to
provide a range of possibie projections for the District to the year 2015. This model
produces a projection that is between 23,000 and 24,000 when applied to the low,
medium and high range modes. This provides a reasonable range for long-range planning
and is consistent with estimates from various models.
Long-range projections that establish the need for facilities are a modification of the
cohort survival method. The cohort method of analysis becomes less reliable the farther
out the projections are made. The Federal Way School District long-range projections
are studied annualiy. The study includes information from the jurisdictional
demographers as they project future housing and population in the region. The long-range
projections used by Federal Way Public Schools reflect a similar age trend in student
popuiations as the projections published by the Office of Financial Management for the
State of Washington.
Near term projections assume some growth from new housing, which is offset by current
local economic conditions. Cunent economic conditions do appear to be affecting
enrollment. This is reflected in the District's projections. The District tracks new
development from five permitting jurisdictions. Long range planning assumes a student
yield from proposed new housing consistent with historical growth patterns.
Growth Management requires jurisdictions to plan for a minimum of twenty years. The
Federal Way School District is a partner in this planning with the various jurisdictions
comprising the school district geography. These projections create a vision of the school
district community in the future.
21
27
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Full Time Equivalent Enrollment History and Projections
Simplified FTE (K Headcount =.5 FTE; Middle School FTE=.99 Headcount; High School FTE _.935Headcount)
Total K -12 Per
Cale Yr School Yea i Elementary Middle Schoot Seaior High FTE Chi
2004
2005
2006
2007
2008
2009
2010
2014
2012
2013
2014
2015
2016
2003-04
2004-OS
2005-06
2006-07
2007-08
2008-09
B2009-10
P20/0-I1
P24L1-12
P2012-13
P2013-14
P2014-15
P2015-16
New Con�gu�
9,127 5,524 6,408
9, t 64 5,473 6,515
9,105 5,309 6,770
9,022 5,261 6,754
8,912 5,167 6,637
8,865 5,155 6,456
8,793 5,076 6,325
8,838 5,077 6,167
8,894 5,042 6,129
8,988 4,995 6,109
9,091 4,969 6,111
9,I75 5,012 6,066
9,253 5,086 6,022
E[ementary K-5 Midd[e School 6-8 High School 9-12
21,059
21,152 0.4%
21,184 0.2
21,037 -2 7%
20,7t6 -1.5%
20,476 -1.2%
20,194 -1.4
20,082 -IIA6%
20,065 -0.1
20,092 0.1
20,171 0.4%
20,253 0.4%
20,361 0 S
Enroliment History and Six Year Forecast
2z,000
21,000
2Q000
c
0
a 19,000
m
d
S
a 18.000
0
u
O
17,U00
16,000
15,000
`'o r'o r o o o o
0 0 0 0 0 0 0 0 0 0 0 0 0
l,� D cS E fP O� C 3 �tl� p �iS
�S �6' �8 �i9 7 c� �t� Q iS j 6'
FTE SChoot Year
22
28
FEDERAL WAY PUBL[C SCHOOLS 2010 CAPITAL FACILITIES PLAN
Capacitv Summaries
All Grades, Elementary, Middte Schooi, and High Schoo(s
The Capacity Summaries combine Building Capacity information and the Student
Forecast information. The result demonstrates the requirements for new or remodeled
facilities and why there is a need for the District to use temporary facilities or interim
measures.
The information is organized in spreadsheet format, with a page summarizing the entire
District, and then evaluating capacity vs. number of students at elementary, middie
schooi, and high school levels individually.
The notes at the bottom of each spreadsheet provide information about what facilities are
in place each year.
23
29
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY ALL GRADES
CAPACITY
BUILD[NG PROGRAM
HEADCOUNT CAPACITY
�E;���,��"�� z
Add or subtract changes to capacity
Increase Capacity, Lakeland, Panther Lake
Sunnycrest and Valhalla
Adiusted ProQram Headcount Capacity
FNR�LLMENT
SURPLUS OR
RELOCATABLE CAPACITY
Current Portable Capacity
Deduct Portable Capacity
Add New Portable Capacity
6ULL�GL r iv)c�.�cu
�r Year 2010 2011 2012 20t3 2014 2015 2016
Year 2009/10 2010/11 201V12 2012/13 2013/l4 2014/15 2015/lE
19,493 19,493 19,493 19,593 19,593 i9,593 19,593
100 100
19, 593 19,493 19,593 19,593 19,593 19,593 19,593
2,700 2,700 2,700 2,700 2,700 2,700 2,700
(125)
125
24
30
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY ELEMENTARY SCHOOLS
Budget Proje�
Calendar Year 2010 201 l 2012 2013
CAPACITY School Year 2009/i0 2010/l 1 20t 1/12 20t2/1;
BUILDING PROGRAM
HEAD COLJNT CAPAC[TY 8,�71 8,571 8,571 8,671
Yrty�'? 5T G'�S'I Q'T� :SL%�K�� SZ�.��
1. Increase Capacity Lakeland
and Sunnycrest
Adiusted Proeeam Headcount
ENROLLMENT
Basic FTE Enrollment
2. Internet Academy (AAFTE)
SURPLUS OR
RELOCATABLE CAPAC 3.
Current Portable Capacity
2a14 20L5 2016
013/i4 20t4/15 2015/1
8,671 8,671 8,671
100
7 l 8, 571 8,671 8,671 8,671 8,671 8,671
8,793 8,838 8,894 8,988 9,091 9, l75 9
(36) (36) (36) (36) (36)� (3b)
1,075 1,075 t,075 I 1,075 t,075 1,075 1,075
NOTES:
1. Increase Capacity at Lakeland, Panther Lake, Sunnycrest and Valhalla
Z. Internet Academy students are included in projections but do not require full time use of schooi facilities.
3. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facitities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student poputation needs.
The District may begin to pult portables from the instructional inventory. Age and condition of the portabies
will determine feasibility for continued instructiona( nse.
25
31
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY MIDDLE SCHOOLS
CAPACITY
BUILDING PROGRAM
HEADCOUNT CAPACITY
�r Year
Year
10 2011
!10 2010/I1
89 5,489
Projected
Dl2 2013 2014 2015 2016
1/12 2012/13 20i3l14 2014/15 2015/t6
189 �,489 5,489 5,489 �,489
Add or subtract changes in capacity
ENROLLMENT
Basic F'I'E Enroliment
1. Internet Academy (.4E
SURPLUS OR
5,489 5,489 5,489 5,489 5,489 5,489 5,489
5,075 5,077 5,042 4,995 4,969 5,012 5,086
NOTES:
1_ Internet Academy students are included in projections but do not require full time use of schooi facilities.
2. Relocatable Capacity is based on the number of portables avaitable and other administrative techniques which
can be used to temporazily house students untit permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used wili be based on actual student population needs.
The District may begin to pull portables from the instructional inventory. Age and condition of the portables
witl determine feasibility for continued instructional use.
26
32
RELOCATABLE CAPACITY 2.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY HIGH SCHOOLS
CAPACITY
BU[LDiNG PROGRAM
HEADCOUNT CAPACITY
Add or subtract changes in capacity
Headcount
ENROLLME(YT
Basic FTE Enroliment
l. Internet Academy {AA
SURPLUS OR
l'i�O��iVI
tivage[ rrv�cx:�cu
�r Year 2010 2011 2012 2013 2014 2015 2016
Yeaz 2009/10 ZOiO/11 2011/12 2012/13 2013/14 2014/15 2015/lb
5,433 5,433 5,433 5,433 5,433 5,433 5,433
r t t
�i��.�. .,�'e`���. ;���3���.'� r�:� r,.'�',
5,433 5,433 5,433 5,433 5,433 5,433 5,433
6,325 6,167 6,129 6,109 6,111 6,066 6,022
(205) (205) (205) (205) (205) (205) (205;
NOTES:
i. [nternet Academy students are inciuded in projections but do not require full time use of school facilities.
2. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used wili be based on actual student population needs.
The District may begin to putl portables from the instructionat inventory. Age and condition of the portables
wiit determine feasibility for continued instructionat use.
3. Capacity for unhoused students wii! be accommodated with traveling teachers and
no planning time in some classrooms. Puget Sound Early College will house approximately
60 of the unhoused students.
27
33
RELOCATABLE CAPACITY 2.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Kin� County the City of Federal Way and the City of Kent Impact Fee Calculations
Single and Multi-Family Residences
Each jurisdiction that imposes schoo( impact fees requires that developers pay these fees
to help cover a share of the impact of new housing developments on schoo( facilities.
To determine an equitable fee throughout unincorporated King County, a formula was
established. This formula can be found in King County Code 21A and was substantia(iy
adopted by the City of Federa( Way and Kent. The formula requires the District to
establish a"Student Generation Factor" which estimates how many students will be
added to a school district by each new single or multi-family unit and to gather some
standard construction costs, which are unique to that district.
STUDENT GENERATION FACTOR ANALYSIS
Federal Way Public Schoots student generation factor was determined separately for
single-family units and multi-family units. The factors used in the 2010 Capital Facilities
Plan were derived using actua( generation factors from single-family units that were
constructed in the last five (5) years.
IMPACT FEE CALCULATION
Following the caiculations for the student generation factor is a copy of the Impact Fee
Calculation for single family and multi-family units based on King Caunty Code 21A and
the Growth Management Act.
Temporary Facility Cost is the average cost of a portable purchased within the last 12
months.
Plan Year 2010 Plan Year 2009
Single Family Units $3,832
Multi-Familv Units $2,114
28
�4, 017
$1, 733
34
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
S1'UDENT GENERATION
NEW CONSTRUCTION IN PRIOR 5 YEARS
Single Family Student Generation
w
Student Generation rate is based on totals.
29
Multi-Family Student Generation
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
IMPACT FEE
School Site Acquisition Cost: Student Student
Facility Cost Facility Factor Factor Cost/ Cosd
Acrea e Acre C acity SFR MFR SFR MFR
Elementary 03317 __._...0.1520 $0 SO
MiddleSchool 0.t653 0.0520 SO $0
High School 0.2224 0.0590 �0 $0
TOTAL $0 $0
Sc6001 Constructioa Cost: Student Student
%Perm Fac./ Facility Eacility Factor Factor Cost/ Cosd
Total S Ft Cost C acity SFR MFR SFR MFR
Etementary 95.62% $9,100,000 200 03317 0.1520 $14,431 56,613
Middle School 0.1653 0.0520 $0 $0
High Schoot F �0.2224 0.0590 $0 $0
TOTAL S 14,431 $6,613
Temporary Facility Cost: Student Student
Temp Fac_ Facility Facility Factor Factor Cosd Cost/
Total S Ft Cost Size SFR MFR SFR MFR
Elementary 0.3317 O.1520
Middle School 4.38% $i93,607 2� fl.1653 0.0�20 $56 $18
High Schoo( 0.2224 0.0590
TOTAL $56 $18
State Matc6ing Credit Catculation: Student Studen[
Area Cost Sq. Ft. State Factor Factor CosU Cosb
Allowance/S Ft Student Match SFR MFR SFR MFR
Elementary $(68.79 90 61.09°/a 03317 0.1�20 $3,078 $1,411
Middle School $168.79 0.16�3 0.0520 $0 $0
High Schooi $168J9 0.2224 0.0590 �0 $0
Total $3,078 $1,411
Tax Payment Credit Calculation SFR MER
Average Assessed Value (March 2009)
Capitat Bond Interest Rate (March 2009)
Net Present Value of Average Dwellir�g
Years Amoctized
Property Tax Levy Rate
Present Yalue of Revenue Strea�n
Single Family Multi-Family
Residences Residences
Mitigation Fee Summary
Site Acquisition Cost
Permanent Facility Cost 14,431 6,613
Temporary Facility Cost �6 18
State Match Credit (3,078) (1,411)
Tax Payment Credit (3,745) {992)
Sub-Total 7,664 4,228
50%Local Share 3,832 2,114
Impact Fee 3,832 2,114
30
36
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
SECTION 4
SUMMARY OF CHANGES FROM THE 2009 CAPITAL FACILITIES PLAN
The 2010 Capital Facilities Plan is an updated document, based on the 2009 Capitai
Facilities Plan. The changes between the 2009 Plan and the 2010 Plan are listed below.
SECTION I- THE CAPITAL FACILITIES PLAN
SIX-YEAR FINANCE PLAN
The Six Year Finance Plan has been rolled forward to reflect 20i0/2016
SECTION III SUPPORT DOCUMENTATION
CAPACITY
Elementary capacity inciudes space for All Day Kindergarten programs at every
elementary school. Changes to the Building Program Capacities calculation are found on
page 17.
PORTABLES
The list of portables reflects the movement of portables between facilities or new
portables purchased. Portable Locations can be found on page 19.
STUDENT FORECAST
The Student Forecast now covers 2010 through 2016 Enrollment history and projections
are found on page 22.
CAPACITY SUMMARY
The changes in the Capacity Summary are a reflection of the changes in the capacities
and student forecast. New schools and increased capacity at current buildings are shown
as increases to capacity. Capacity Summaries are found on pages 24-27.
IMPACT FEE CALCULATION KING COUNTY CODE 21A
The Impact Fee Calculations have changed due to changes in several factors. The
adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee
between the 2009 Capitai Facilities Plan and the 2010 Capital Facilities Plan can be
found on page 32 and 33.
31
37
FEDERAL WAY PUBLiC SCHOOLS 2010 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2009 TO 2010
STUDENT GENERATION FACTORS
Student Generation factors are based on rates for new deve(opments constructed over a
period of not more than five years prior to the date of the fee calculation. The changes in
student Generation factors between the 2009 Capital Facilities Plan and the 2010 Capital
Facilities Plan are due to developments that were deleted or added based upon the age of
the devetopments and the year placed in the survey. The Student Generation worksheet
is found on page 29.
SCHOOL CONSTRUCTION COSTS
The anticipated cost for replacing Lakeland, Panther Lake, Sunnycresl and i�adhalla is
$70, 000, 000. The replacement will add SO new seats to the school capacity at each
building. The total capacity at these four elementary schoods is currently 1 SOS. Adding
200 additional seats will increase the capaciry by 13%.
Total Cost .13 X $70,000,000 $9,IOO,OOQ
The District will use the above formula created as a base from the 2008 Capital Facilities
Plan for the 2010 Capital Facilities Ptan. The capacity of the four elementary schools
may vary from year to year as programs are added or changed and construction cost may
increase over time. For instance, for each new all day Kindergarten program, the
building capacity witl effectively be reduced by 20 headcount and the Board authorized
an increase in construction cost of $1 m for Valhalla. These changes would increase the
construction cost. The District is using the base formula established in the 2008 plan in
the Impact Fee calculation.
32
38
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2009 TO 2010
IMPACT FEE
Item From/To Comment
Percent of Permanent Facilities 96.81% to 95.62% Report #3 OSPI
Percent Temporary Facilities 3.19% to 4.38% Updated portable inventory
Average Cost of Portable $168,307 to �193,607 Updated average of portab(es
Classroom purchased and placed in 2009
Area Cost Allowance $168.79 to $168.79 No change from the prior year.
State Match
61.$4% to 61.09%
Change effective Ju(y 2008
Average Assessed Value
Capital Bond Interest Rate
Property Taac Levy Rate
Single Family Student Yield
E(ementary
Middle Schooi
High School
Multi-Famiiy Student Yie(d
Elementary
Middle School
High School
SFR
$297,242 to $326,409
MFR
$68,998 to $86,497
5.11 to 4.96%
$1.49 to $1.48
.3285 to .3317
.1b3 i to .i653
:2446 to .2224
.1222 to .1520
.0621 to .0520
.0942 to .0590
Per Puget Sound Educational
Service District (ESD 121)
Market Rate
King County Treasury Division
Updated Housing Inventory
Updated Housing Inventory
33
39
COUNCIL MEETING DATE: 1�lovember 3, 2009 ITEM
CITY OF FEDERAL WAY
SUBJECT: Amendments to Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," related to Personal
Wireless Service Facilities
POL[CY QUEST[ON: Should the City approve amendments to FWRC Title 19 to reduce redundant language, remove sub-
prioritization of location preferences, remove submittal requirements for electromagnetic field (EMF) implementation reports, remove
the 10 year expiration period, and amend the zoning charts to change the minimum review process from a Process III to a Process II?
CITY COUNCIL
AGENDA BILL
COMM[TTEE Land Use/Transportation Committee {LUTC)
CATEGORY:
Consent
City Councit Business
Ordinance
Resolution
STnFF REpottl' BY: Associate Planner David Lee
M�ET[NG DATE: October 19, 2009
Public Hearing
Other
DEPT Community Development Services
Eghibits: 1) Planning Commission staff report for the October 7, 2009 public hearing with Exhibits A-C; 2) October 6, 2009 E-mait
from RealCom concurring with stafPs changes; 3) Second version of Amendments based on RealCom's comments; 4) Minutes of the
October 7, 2009, Planning Commission pubic hearing; and 5) Draft adoprion ordinance.
Background: The proposed amendments are part of the 2009 Planning Commission Work Program. The Personal Wireless Service
Facilities (PWSF) code amendments were first adopted in September 1997 and subsequently amended in January 2000 and August 2001.
When initially adopted, the code was crafted to establish a highly complex regulatory scheme due to concerns about electromagnetic
fields (EMF), and aesthetic issues. Since that time, the city has issued 51 permits with no appeals, and we now propose to streamline the
review process: The propos�d amendments were distributed to 30 stakehotders and comments were received &om only one, RealCom, a
consulting firm working in the telecom field. The Planning Corrunission held a public hearing on October 7, 2009, at which time; staff
presented a second version of the amendments based on input from RealCom (Exhibit 3). T'he Planning Commission recommended
unanimously adopting the second version of the amendments (Exhibit 3).
Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance;
2) Adopt_the Plannin�_Commission's recommendation as modified_by the LUTC__or 3) Do not ad�t the�o op sed amendments._______
PLANNING COMM[SSION RECOMMENDATION Adoption of code amendments as presented by staff:
STAFF RECOMMENDATION Staff recommends the Councii adopt Option #1, adopt the Planning Commission's recommendation as
contained in the Draft Adoprion Ord
CITY MANACER APPROVAL: �`��C$,.� D[RECTOR APPROVAL: C/'"r'
Committee Council Cominittee Council
COMM[TTEE RECOMMENDAT[ON: Forward Option 1; adopt the Planning Commission's recommendation as contained in the Draft
Adoption Ordinance to the full Council on November 3, 2009, for first reading
L i nd a Kochmar, Chair Dini Duclos, Member Jim FeneQ Member
PROPOSED COCJNCIL MOTION{S):
1 READ(NG OF ORDINANCE (11/O3/OI� `7 move to forward the ordinance to a second reading for enactment on the November !7,
2009, consenl agenda_
2 "ImoveapprovalvftheLUTC'srecommendationtoapprovethecodeamendments,whichare
contained in the Adoption Ordinance_
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
0 DENIED l� reading
TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED-02/06/2006 40 RESOLUTION
Fik #09-102608-00-UP Doc ID 51656
FA�� ___.1_�Sr�
STAFF REPORT TO THE PLANNING COMMISSION
Proposed Amendments to Personat 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.
II.
REASOIY FOR AME(VDMENTS
The proposed amendments are a part of the 2009 Planning Commission work program. The
Personal Wireless Service Facilities (PWSF) code amendments were first adopted 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 pubtic notificatian 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 also proposed
to be modified to change the minimum review process from a Process III to a Process II.
The Planning Commission is being asked to review the proposed changes to the zoning code
attached as Exhibit A, and forward a recommendation to the City Council.
BACKGROUND
Cellular phones are now an integral part of modern telecommunications. Additionally, cellular
phones allow people to maintain continuous communication without hampering freedom of
movement. In some instances, they are the soie phone for many households, and therefore, a
strong reliable coverage network is of utmost impottance. In order to provide a strong cellular
network to keep pace with the growing population of cellular users, more mobile base and relay
stations (PWSFslantennas) are needed_
Staff has 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. A(1 health related aspects and governance of EMF
exposure levels of the PWSF industry are regulated by the Federa( Communications
Commissions (FCC). A technical summary on the science of cellular technology has been
included as Exhibit B.
Proposed Amendments to Personal Wireless Service Facilities (PWSF}
StaffReport to the Planning Commission
Federal Way Revised Code
Page 1 of 7
41
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III. PROPOSED CODE AMENDMENTS
i. Modify FWRC t9.255.010 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.
Currentiy, there are five ievels of site prioritization in the site selection process that must
be derr►onstrated by the applicant to the city that the chosen location meets the site
appropriateness criteria. In order of preference, the prioritized locations for PWSFs are as
follows: structures docated 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. Upon 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 visual intrusiveness. Additionally, as studies have shown, cellular/PCS
facilities operate at a power level well below regulated thresholds.
2. Modify FWRC 19.255.020 Combining of development standards for PWSFs and associated
electronic equipment cabinets in or out of the right-of-way. This includes: additional
language stressing design of the PWSF; additionai 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 eurrently 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-wa}� and located outside of the right-of-way.
Upon review by staft; it was discovered that the ianguage for the development 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 sta.ndards and make the section more
uniform, the sections were combined to create two distinct sections. One section for
development 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 Faciiities (PWSF) Federa! Way Revised Code
Siaff Report to the Planning Commission Page 2 of 7
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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 existing development. Current
PWSF design and technoiogy 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 developments. Aesihetically, equipment enciosures within the right-of-way also
create visual clutter, despite screening and landscaping requirements.
As currently written, an equipment enclosure developed on an undeveloped 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 complement the landscape buffer requirements of
the underlying zone. This amendment was in response to an industry complaint regarding
the stringent setbacks. Upon further analysis, it was also determined that the required
placement of equipment enclosures may hinder future efforts to develop the site with a
more substantial use.
3. Modify FWRC 19.255.040 Remova( of 30 day maximum time limit for temporary PWSF's
during emergencies declared by the city, state, or federal government, and allow for 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 essenrial
communications throughout the city in times of said events. Staff consulted Emergency
Management Coordinator Ray Gross in regards to this amendment.
4. Modify FWRC 19255.050 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 options_
Additional language was added to the photosimulation requirement to further emphasize
the need for design options 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
question. 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 proposed
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 Service Facilities (PWSF) Federal Way Revised Code
Staff Report to the Planning Commission Page 3 of 7
43
5. Removal of FWRC 19.255.070
PA�����
Per the provisions of the Telecommunications Act of 1996 Section 704, the FCC was
charged with setting guidelines for environmental radio frequency emissions, and local
governments are not permitted to restrict the construction of wireless service facilities
based on their environmental EMF levels if they meet FCC guidelines. All cellular/PCS
facilities must be registered and licensed through the FCC. Furthermore, if there is
documented evidence of interference to other signals caused by a cellu(ar/PCS facility,
the FCC is the enforcement agency to rectify any issues.
6. Removal of FWRC 19255.090
This code section is proposed to be removed 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. Additionaily, the redundant
language in regards to land use approval expiration has been removed as it is covered
under FWRC 19.15.100.
IV.
V.
7. Modify Zoning Charts FWRC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.2 i 2.120,
19225.120, 19.230.140, and 19.240.140. These zoning charts are proposed to be modified to
reduce redundant language, reduce land use process requirements, and make the language in
the charts consistent with proposed text amendments in FWRC 19.255.
FWRC 19.235.1U0 related to allowing PWSFs in the Office Park {OP) zoning district and the
OP 1- 4 zoning districts is proposed to be amended to remove any reference to the OP t- 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 (OP l, OP2, OP3, OP4 and CP 1) were created
through concomitant agreements, which have their own unique list of allowable uses and the
agreements are not typically codified in the FWRC.
PROCEDURAL SUMMARY
On September 12, 2009, the city issued an Environmental 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_
PUBLIC COMMENTS
Sarah Telschow, of RealComm Associates LLC (a telecommunications consulting and
contracting service), was the only party to submit formal comments from the communications
industry. Her comments have been attached as Exhibit C. It appears that some of her
Proposed Amendments to Personal Wireless Service Facilities (PWSF)
Staff Report to the Planning Commission
Federal Way Revised Code
Page4of7
44
�e'"o�����
P��i�.����r
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.
Although not a formal submittal of comments, staff has talked to a gentleman in regards to
possible interference caused by PWSF facilities to amateur HAM radio facilities. T'he cnain
concern was in regards to the proposed removal of FWRC 19.255.070(2), which presently
ailows the city to revoke or modify a permit if it is found that the PWSF interferes with other
communications reception. The city does not have a telecommunications specialist who can
measure or determine any complaints regarding interference. Additionally, any and all issues
regarding bandwidth or frequency issues must be handled by the FCC by federal law. T'his
information was relayed to the gentleman.
VI. 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
Commissian is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meets the criteria provided
by FWRC 19.$0.130.
3. To forward a recommendation 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 pian.
The proposed FWRC text amendment is consistent with the following Federal Way
Comprehensive Plan {FWCP) policies:
LUG1 Improve the appearance and function of the buitt environment.
LUP1 Use residential design perfo�nance standards to maintain neighborhood
character and ensure compatibility 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
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PA��_����...�
LUP4 Maximize efficiency of the development review process.
LUP6 Conduct regu(ar reviews of development regulations to determine how to
improve upon the permit review process.
PUGl Work with private utility companies to allow them to provide fuil and
ticneiy service that meets the needs of the City's residents and
businesses, both present and future.
PUG2 Work with private utility companies to allow them to provide service in a
way that balances cost-effectiveness with environmental protection,
aesthetic impact, pub(ic safety, and public health.
PUG3 Process permits for private utility facilities in an efficient and timety
manner, in accordance with franchise agreements, development
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 bears 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 communications network within the city and
aesthetically pleasing PWSFs.
VIII STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title i9, "Zoning and Development Code," as set forth in Exhibit 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 i9.255.050.
S. Removal of FWRC t9_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 deletion of Zoning Chart
19.245.O1Q
Proposed Amendments to Personal Wireless Service Facilities (PWSF) Federal Way Revised Code
Staff Report to the Pianning Commission Page 6 of 7
46
Pa�����.�2
IX. PLANNING COMMISSION 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:
i. Recommend to the City Council adoption of the FWRC text amendments as proposed;
2. Modify the proposed 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 adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
EXHIBITS
Exhibit A Proposed 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, 19225_ 120,
19.230.140, 19.235.100, 19.240.140, and 19.245.0i0
Exhibit B— A Brief Technical Summary on PWSFs
Exhibit C— Copy of Email Received from Sarah Telschow, RealComm Associates LLC
K:12009 Code AmendmentslPWSF1Planni�g ComrrrissionlSTAFF REPORT TO THE PLANNING COMMISSION.doc
Proposed Amendments to Personal Wireless Service Facilities {PWSF) Federal Way Revised Code
Staff Report to tfie Planning Commission Page 7 of 7
47
E�s���
EXHIBIT A pA�� a� 2
FEDERAL WAY REVISED CODE (FWRC)
TITLE 19, ZONING AND DEVELOPMENT CODE
Chapter 19.255, Personal Wiretess Service Facilities
Sections:
19.255.010 Personai wireless service facitities {PWSF).
19.255.020 Development standards.
19.255.030 Nonconformance.
19.255.040 Temporary personal wireless service facilities.
19.255.050 Application requirements.
19.255.060 Collocation.
a�=�� e�,.a
19.255.070 Removal of facility.
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��0 19.255.080 Revocation of permit.
19.255.010 Personal wireless service facilities (PWSF).
(1) Purpose. This section addresses the issues of iocation and appearance associated with personal
wireless service facilities. It provides adequate siting opportunities through a wide range of iocations a�d
options which minimize safety hazards and visual impacts sometimes associated with wireless
communications technology. b
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�e anitions. An words, terms or hrases used in this section which are not otherwise defined shall
.f Y P
have the meanings set forth in Chapter 19.05 FWRC.
(3) Exemptions. The following antennas and facilities are exempt from the provisions of this section
and shall be permitted in all zones consistent with applicable development standards as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) Wireless communication faciliries 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) Industriai 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 generaily, 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 comply with ail applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110A60, Exceptions, and 19.110A70, 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 19.110A50, Compliance generaliy, 19. i 10.060, 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 utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement
between the utility service provider and the city.
Routine maintenance or repair of a wireless communication facility and related equipment
excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or
buildings; provided, that compliance with the standards of this title is maintained.
48
�����,�.e3
FAG�
Ec� uipment cabinet additions or u p�rades within existin�equipment enclosures or buildings,
so ion as there is no material area expansion of the equipment enclosure or buildinQ or chan�e to the
�proved architectural design of the existing equinment enclosure or buildin�.
(4) Prioritized locations. The following sites shall be the required order of locations for proposed
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
tocations and document, to the city's satisfaction, why locating the PWSF in each higher priority location
and/or 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. Department of Energy/
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 facility is currentiy located regardless of
underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF
location, the applicant shall document why collocation on the existing site or tower is not being proposed,
regardless of whether the existing site or tower is located within the j urisdiction of the city.
(c) Publicly used structures. If the city or other public agency consents to such location, a PWSF
may be located on existing public facilities within all zoning districts, such as water towers, utility
stnectures, fire statians, bridges, and other public buiidings, provided the public facilities are not located
within public rights-of-way.
(d) Appropriate ~a ^a °`E°" zoning districts. A PWSF inay
be located on private buildings or structures within
non-residential zoning districts as allowed bv the zonin� chart. ^ra°~ °f
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(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-of-way with functional street classifications of
principal arterial, minor artenal, and principal collector. A PWSF inay be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least
330 linear feet.
Location of a PWSF
on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in
addition to the required use process approval.
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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 andlor zoning
shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding
uses or zoning are the same, the preferred locarion shall be that portion of the right-of-way with the least
adverse visual impacts.
Proposed Code Amendments File #09-ifl3477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 49 Page 2 of 10
PA�� lD��
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 aiternative site locations if a denial would
be in violation of the 1996 Telecommunications Act, as determined by the city.
(Ord. No. 08-585, 3(E�ch. 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, siting, and construction of a
personal wireless service facility:
(1) Building- or structure-mounted PWSFs on existing buildinQs
or structures in or out of th�ublic riQht-o�Y. PWSFs mounted on existing buildings and structures
����*�a �-;Rh*°�s=�=� shall conform to the following development standards:
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor faciiity; 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 minor €acility, as determined by the
director of community development services, subject to meeti�g all of the foilowing 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
�4,� of this section; and
(C) The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project iocation,
surrounding environment, and potential visual impacts; and
(D) The PWSF shall comply with all other applicable 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 or other structure regardless of whether the existing structure is in
conformance with the existing maximum height of the underlying zone as outlined in the use zone charts,
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.
For PWSF's located in the right-of-way the combined antennas may extend un to the
minimum necessar�hei�ht to meet safety clearances required bv the operator of the existin� siructure, but
not exceed 15 feet above the existing structure plus the height of the proposed antennas as svecified in
subsection (1)(e) of this section The maximum allowable hei�ht of the new structure with
the PWSF antennas shall be determined bv the director of community development services, denendin�
�on the antenna type desi�n location on the structure and th�roposed method of attachment. An
existinQ structure can be increased in hei ng t only once�er a 12-month�eriod. Anv structure whether a
new or replacement structure located in a public right-of-wa�must be similar in terms of size (excent
hei�ht�shape color material and location to the existin� and surroundin� structures, as determined bv
the director of communit�development services The antenna extension mav be permitted regardless of
whether the existing structure is in conformance with the maximum height of the underlyin� zone as
outlined in the use zone charts FWRC Title 19 Division VI, Zonin� ReQUlations.
{E} �The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to sunounding land uses and structures and shall, to the
greatest extent practical, blend into the existing environment pursuant to subsection of this section.
Panel and paraboiic antennas shall be screened from residential views and public rights-of-way unless
meeting the provision of FWRC 19_ 110.070(2)(b).
�The maximum size of the PWSF panels and number of antennas shail be determined bv the
director of community develo�ment services based on the specific project location, surroundin�
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Persona] Wireless Services Facilities Page 3 of 10
r
PA���.����
environment and �otential visual impacts The maximum size of antennas to be located on existin�
structures in a public right-of-wa�shall be two feet in diameter far parabolic antennas eight feet in hei�ht
for panel antennas and 15 feet in height for whip antennas.
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{e3 �f Required setbacks shall not pertain to PWSFs within public rights-of-way �ex�
Within residential
zones, equipment enclosures and buildings to house ecLuipment 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 developed 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.
(3� 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 placetnent of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
Proposed Code Amendments File #09-1 0 3 477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 51 Page 4 of 10
�e�"�► ��si i
PA��__.�_�.
(b) Monopotes shall be the only freestanding structures atiowed 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
appiication.
(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 deve(oped sites,
the setback requirements shall be those of the principai 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 existing trees, mature vegetation, and structures so as to:
(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
effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be camouflaQed to blend in
harmoniously within the existing site through the use of fawc-structural desiQns, or when not
technolo�ica(ly or aestheticallv feasible, painted in a non-reflective se�e�-eF color scheme appropriate to
the background against which the PWSF would be viewed from a majarity of points within its viewshed.
The proposed color or colar scheme shall be approved by the hearing examiner or director of community
development �es�ef services.
Screening standards for all PWSFs. FWSFs 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 compatibie materials, location, landscaping, color, steaith techniques such as, but not limited to,
artificial trees and hollow flag poles, and/or other methods or techniques .to achieve minimum visibility of
the facility as viewed from public streets or residential properties. In addition, the provisions for
landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall
apply.
(3-} Standards for electronic� cabinets.
(a)
Electronic cabinets shall either:
(�i-} Be placed in �t a new or existing completely enclosed
building with the maximum size of the building to be determined on a case-b}!-case basis by the director
of communitv developrnent services, or;
�.e
ii Be placed above ground in a new 6a��
e�slese�-�ri��g or existin��quipment enclosure with the maximum size of the buildin� to be
determined on a case-�-case basis by the director of community development services.
(b) �e�� Equivment enclosures shall be screened with one or a combination of the
following methods, which shall be acceptable to the city: fencing, walls, iandscaping, structures, buildings
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter i 9.255, Personal Wireless Services Facilities 52 Page 5 of 10
P�+��_.�.�r°
or topography 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) a°*°---�;.,°a
If the equipment cabinet is located within a new E�� enclosed building, the
building shall conform to all applicable development standards and design guidelines for the underlying
zone. The �a�e�e�} enclosed building shall be architecturally designed and shall be compatible with
existing buildings on the site. The Ea� enciosed building shall be screened to the greatest extent
possible from any street and/or adjacent properties by landscaping and/or topography.
�ie�� S�tandards for equipment enclosures: fe� �r,vcc a ..f�. .:E�.:,�
1't'4. C 11 1, 11 b.e N,.e .-o ro.�l .�r,7o,-...F 1.�.,.,*;.,.,� F,- n- e.� ole,.�.-..,��.. e e..*
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(a) Electronic equipment enclosures shall not be aliowed within the right-of-wa�
f s} In residential zones, equipment enclosures (ocated above ground on properties adjacent to
the public right-of-way shall meet all applicable setback requirements for residential development of the
underiying zone_ For developed sites in nonresidentiat 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. However for undeveloQed sites in nonresidential zones if the applicant can demonstrate
that the e�uipment enclosure can blend in harmoniously with the existing site and complement the
landscape buffer requirements of the underlying zone as determined appropriate bv the director of
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 53 Page 6 of 10
1
P���_l__������
community development services the equipment enclosure can be located inside of the 20 foot setback
but outside of the required landscaping buffer of the underlvin� zone.
Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
Ee} Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functionai impacts on the pedeslrian environment.
Equipment enciosures and screening shall not adversely impact vehicular sight dista.nce.
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
existing stnxctures 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_
Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification, hazard warnin�, and name of provider.
(-�A� Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by the
appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(b) Allowed heights shall be established relative to appropriate process as outtined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No. Oi-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 made under this section to locate a PWSF on property on which a nonconformance
is located shall be exempt from the requirements of Chapter 1930 FWRC, Nonconformance, to bring the
property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as sripulated in FWRC 19.30.110.
(2) To bring the properly into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 19.30.120( t)(g). All other requirements of
FWRC 19.30.120 to bring the property into conformance with the development regularions prescribed in
FWRC Title 16 relating to water quality shall apply.
(Ord. No. OS-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 facitities.
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 or
cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the
appropriate permit process. Only one temporary personal wireless service faciiity or celi-on-wheels shall
be permitted for a singie site.
(2) For a period of 38-�s time determined to be a�nropriate bv the director of communitv
develo�ment 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 permit process to become
involuntarily non-operational; provided, that the temporary personal wireless service facility or cell-on-
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter i9.255, Personal Wireless Services Facilities 54 Page 7 of 10
��T
P���__!!�_���
wheels creates no more adverse impacts than the PWSF which was approved through the appropriate
permit process.
(3) Prior to instaltation 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 order to guarantee
performance of future removal and restoration of the site.
(Ord. No. 08-585, g 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.j
19.255.050 Application requirements.
(1) Excep# for temporary personal wireless facilities, permit applications made under this section shall
include the following minimum infortnation in addition to that required for the underlying permit review
process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photosimulations of the proposed facility from affected properties and public rights-of-way at
varying distances. These photo simulations should include examples of camoufla�e and stealth
installation options.
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that faciiity at that height and in that location. T''� "F*''°
r
�o e�
(e) An inventory of other PWSF sites operated by the applicant or other providers within a one-
mile radius of the proposed PWSF location,
ao�:,,,,. „�o.,,.h_�
fl A site/landscaping plan showing the specific piacement of the PWSF on the site; showing the
location of existing structures, trees, and other significant site features; and indicating type and tocations
of plant materials used to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located above ground, ��ess
an
explanation of why it is impracticable to locate the cabinet underground.
•a �'+t�e ....�.i;,. .-.,.t,* „�'..,��z
var�v�vrcr[ ..6..�
Documentation of efforts to collocate on existing facilities.
T'he city may require the applicant, at the applicant's expense, 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 applicanYs expense.
(2) Permit applications for temporary personai wireless service facilities shall include the following
minimum information:
(a) Documentation of previously pertnitted facility.
(b) Site plan showing proposed location of temporary facility in relationship to the iocation of
the previously permitted faciiity and properiy boundaries, including dimensions &om 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, i4, 1-4-00; Ord. No_ 97-
300, 3, 9-16-97_ Code 2001 22-970.)
Proposed Code Amendments File #09
FWRC Chapter 19.255, Personal Wireless Services Facilities 55 Page 8 of J 0
P������
19.255A60 Collocation.
t) A permittee shall cooperate with other PWSF providers in collocating additional antennas on
support structures and/or on existing buildings and sites, provided said proposed collocatees have
received a permit for such use at said site frorn the city. A permittee shall allow other providers to
collocate and share the permitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new
applicant, the city may require a third party technical study at the expense of the permittee. Failure to
comply with this provisian may result in a revocation 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 shali be submitted by the applicant as part of the permit appiication. If an applicant contends that
future collocation is not possible on their site, they must submit a technical study documenting why.
(3) Coliocation 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.
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i
19.255.070 Removal of facility.
(1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionaliy, the owner or operator of a PWSF shall notify the city in writing of the abandonment of a
particular faci(ity within 30 days of the date the PWSF is abandoned. T'he abandoned FWSF shal[ be
removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked,
or 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 couid result in adverse safety
or visual impacts. If there are two or more users of a single tower, then the city's right to remove the
tower shall not become effective until all users abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer
in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireiess Services Facilities `�6 Page 9 of 10
������1>��
P��i�����
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 coilocate 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 operationai antenna is mounted.
(3) Remova! 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
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 1.15.0i0.
(Ord. No. 08-585, 3(Exh. A),11-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-i6-97. Code 2001
22-973.)
r
19.255.80 Revocation of permit.
A permit issued under this chapter rr►ay be revoked, suspended or denied for any one or more of the
following reasons:
(1) Failure to cotnply with any federal, state or iocal laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a
permit;
(3) When the permit 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 chapter;
(5) Failure to comply with federal standards for EMF emissions; and
(b) Faiiure 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 city, as the applicant, shall use the same process to determine
if the pennit shall be revoked as it used to grant the permit.
(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 Amendmenu\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 57 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 ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
z Re uired Yards
o y ZONE
SE
.p G' a, 0. v]
V 3 w e
usE N a 0. SPECIAL REGULATIONS AND NOTES
Personal See See See See See Refer to See Not N/A Not applicable. PWSFs allowed on existing struC[ures only.
wireless r�ete� nute I note I note i note 1 FWRC note3 allowed
service facility Process 19.255.020 on a
(PWSF) formaxi- PWSF
mum
See nore 4� heights for
for allowed allowed
types of types of
P W SFs P W SFs
S�xete-2
sFwett�e; eF
3: All PWSFs shal] be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of'the PWSF
developmenf regulations. At a minimum, a five ft. type Ill landscaping arex shall be required around the facility, unless th'e
communiry development services director determines that the facility is adequately screened.
4. New freestanding PWSFs are not allowed. PWSFs shall be allowed oniy on existing towers, on publicly used structures not
located in public rights-of-way, on existing structures located in the BPA trail, and on existing svu¢tures in appropriate public
rights-of-way. Refer to FWRC 19.255.020 for development•standards applicable to allowed types of PWSFs.
Process I, II, lIl and N are described in For other information about parkiug and parking areas, see Chapter I9.130 FWRC. �j
Chapter 19.55 FWRC,
Chaprer 19.60 FW RC, For details of what may exceed this heiglu limit, see PW RC 19.110.050 et seq. T��
Chapter 19.65 FWRC,
For details regarding required yards, see FWRC 19.125.160 et seq.
Chapter 19.70 FWRC respectively.
K:\2009 Cude AmendmentslPWSF1PIanning Commission\Oct 7 Meeting Packet�SE 19 PWSF.doe
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19.200.190 Personal wireless servfce factlity.
The followin¢ uses shall be nercnitted in th
Zone subiect to the
and notes set forth in this
USE ZONE CHiART
t,n
0
USE
u
Pers�al
wiroleas
aervice feciliry
(PWSF)
See note 4 3
ea �toWCa
types of
PWSFs
M
J
r A
o� c+"4 w
8ee Soe note &e
I note I
see
n�e 1
a
b�
x y AG' a
3ee Refer to 3ee Not
note t FWRC note 3 eilowad
19.255.02U on a
farmaxi- PW3F
mum
heights for
atlowad
types of
PWSFs
ZONE
RS
SPECIAL REGULATIONS AND NOTES
IVot applicable. PWSFa allowed on exiating shvctures only.
3�, All PWSFs shall be landscaped end screened in accordaace with Chapter 19.125 FWRC and the provisions of the PWSF
development tsgulations. At a minimum, a five ft. type III laadscaping area shall be required around the facility, unless the
communiry development services director detarniinea tliat the faciliry is adequately screened.
4: New freestanding PWSFs are not allowed PWSFs ehall be sllowed only on exiating towers; on publicly used struotures not
located in public rights-of•way, on exis6ng shucturea located itt the BPA hail, and on exis6ng at�uctures in appropriate public rights-
of-way, Refer to FWRC 19.255,020or development standatds applicable to allowed types of PWSFs.
Proce� I, II, fIl end I V are described hi
Cheptet 19.55 FWRC,
Chepter 19.60 FWRC,
Ch�tar 19.65 PWRC,
Chepter 19.10 FWRC respedively.
K17.009 C.xle AmrndmenU�PWSI�Refonnened'l.��nhig Chacb\Verebn snN to 8takehoWerstit3 19•200.190 PW3F.doo
For other informetim� about parlcing end padting areee, see Chepter 19.130 FWRC.
mi
Far detaile of what tney exceed this height limit, eee fiWRC 19.110.050 et eeq.
Fm� detaile reprding required yerda, see FWRC 19.125.160 ot seq.
w
43
O�
O
19.205.200 Personal wireless service facility.
The following uses shall be pernutted in the
DIRE�
O
q
3
USE c4
ll
Persrnu3l 6ee�ttel
ee tte
Cacility
See note 4�
far allowed
Iy{7Cti O��
'IONS: FIRST, rexd down to find use
M inimums
Re uired Yards
.0
y
,d u i�
w x �x
See notC See Sce See Referto
1 note 1 note I note 1 FWRC
19.255.020
far maxi•
mum
heights for
ellowed
types of
PWSFs
residential
A
a
U
q
a
b
en
�n a
to the
USE ZONE CHART
in this section;
Z��
RM
SPECIAL REGULATIUNS AND NOTES
See notel Not I N/A I 1. Not applicable. PWSFs allowed on existing structures only.
32 allowcd
�a
PWSF
s�neEele; ar
All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisiuns of die PWSr
development regulations. At a minimum, a 8ve ft type III landscapittg area sttall be required arouud the tacility, unless the
community development services director detemtines that the tacility is adeyuately screenad.
4r New fteestanding PWSFs tue not allowed PWSFs ahall be allowed only on existing towers, on publicly used structures not
located in public rights-of-way, on existing structures located in the BPA hail, and on existing structures in appropriate public rights-
ot=way. Refer to FWRC 19.255.02U tor developxnent standxrds applicable to allowed types of PWSFs.
Process I, Il, III andl V ere dcecribed 'u�
22•351 22•356,
22-361 22-370
22-366 22-411,
22-431 22-460, respectrvely.
Fa• other infonnetimi n6out pa�icing and perking areae, see Chapter 19.130 FWRC.
For details of what may exceed this hci�t liuut, see FWRC 19.110A50 et seq.
Far details re�rding requirod yerds, see FWRC 19.125.160 et seq.
K:\2009 Code Amendmwts�PWSF�Refom�atted Zonu�g C`haRS�Veraton rent to 3takehoWerc\RM 19•205-200 PW3F.doc
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19.210.050 Personal wlreless service facility.
The followin uses shall be exmitted in the ro
DIRECTIONS: FIR5T, read down to flnd usa
Minimums
Re uired Yards
o
C� q .0
USE a W
jj �w a w v a �x
Peramxl 8ewintr 3ee noto See See 3ee Rofer to
wireless 8 1 noie 1 note I note 1 FWItC
fervice Pra:ess lI 19.255.020
t'eciliry fa' maw•
mum
See notb 4� heighta far
far �Ilowed ellowed
types of typo& of
PWSFe PWSFs
�a
Praeess I, II, III and IV ere desiarbed m
Chaptw• 19.55 FWRC,
Cfiepter 19.60 FWRC,
Cheptcr 19.65 �WRC,
C►wpter 19.70 FWRC reapcctively.
sional office (PO) zone
[EN ectnss for R$(3 ULATI(
q
a�
See Not
note 3 alloWed
on e
PW3F
to the
USE ZONE CHART
notes set forth in this section:
ZONE
PO
SPECIAL REGULATIONS AND NOTES
1. Not applicable. PWSFs allowed on exisdng structures only.
!3�
3- All PWSFs ahall be landsca�ed and screened in accordance with Chapter 19,125 FWRC and the provisions of'the PWSF
development regulations. At n minimum, a five ft. type III landscaping area shall be nequired around the faciliry, unless the
community development sdrvices direcWr determines tlu�t the facility is adequately screanad
4s New freestanding PWSFs are not allowed PWSFs shall be allowed only on exis6ng Wwers, on private buildines and
ctures, on publicly used structures not looated in public right�-of-way, on exisfing structures located in the BPA trail, and
on existing atructuras in appropriate public rights-of-way. Refer W FWRC 19.255.020 for development standxrds applicable
to allowed types of PWSFs.
For other infamation about parking and pedcing erees, see Chapter 19.130 FWRC.
For detaila of what may exceed thia hcight lirtut, aea FWRC 19 110.050 et seq.
For detaile m�rding required yards, aee FWRC 19.125.160 et aeq
K:�2W9 Code Amendmentc\PW SF1Refonnatted 7onuig C6arte\Votsion aeut to Stakeholdeca�PO 19•2I0.050 PW3F.doe
0
rn
N
19.215.100,Personai wlreless service facility.
The followin uses shall be ermitted in the nei borhood business BN zone sub'ect to the ro lations and notes set forth in this secdon:
USE ZONE CHART
DIRECTIONS; FIRST read down to 8nd use THEN across for REGULATIONS
Minimums
Re uired Yatds ZO
ry
GS� BN
'C `c'�i a' b y
�.�i P� p
u� oG� a w a a� SPECIAL REGULATIONS AND NOTES
Persa�ul ecr�neee Sce noro see seo See Refer co see Na N/A 1. Not applicable. PWSFs nllowed on exisdng structures only.
wireless 3 1 note I nae 1 note 1 FWRC note3 eilowed
service faciliry p�$� 19.255.020 2 on a
(PWSF) II farmaw- PW3F
mum r
See note 4} heighte for
for allowed allowed
typee of types of
PWSFs PW3FF 9hnetf�e;-er
All PWSFs shell be landscn}�ed and screaned in accordance with Chapter 19.125 FWRC and the provisions of the
PWSF development reguladans. At a minimum, a five ft. type III landacaping area shall ha required around the facility,
uulass the communiry developmeat servicea diractor detetmines that the facility is adequately screened,
4: New freestanding PWSFs :ue not allowed. PWSFs shall be allowed only on existing towers, on private buildines
and s� on publicly u�ed structures not loeated in public right�of•way, on exisqng strucwres located in the BPA
trail, and on existing shuctures in apptopriata public riglits-of-w$y. Refer to FWRC 19.255.020 for development
standards applicable to allowed types ofPWSFs.
Prcx�cc I, II, III end I V ere desa•ibed m Far other infamazi� ebout perking and perking eroea, see Chepter 19.130 FWRC.
Chnptcr 19.55 FWRC,
Chapter 19.60 FWRC, For details ofwhet mey e�cceed thia heibfit 1'unit, eee FWRC 19.110.050 et aeq.
Chapter 19.65 FWRC, For deteila m uired
Chapter 19.70 FWRC reapectively. B�+�B�9 Y��� BCC FWRC I9.ITS.�GO 6f eCCj.
K:�2009 Code Ameudme��ts�PW 3F�Refartnaned Zoning Cl�arts\Version aent to Stakel�olders\BN 19•21 S• 100 PW 3F.doc
�16
rn
w
19.220.120 Personal w(reless service facility.
The following uses shall be �ernuttai in the
use
o
c�
USE c r�
u aa
wireless
SCNICC
f�ility
See nwe S
fa' ellowed
Iypes of
PWSFs
noto
Yards
9
�O a
p A
.q V
a x
Sae Ste 3ee Referto See
nate 1 note 1 note 1 FWRC noti
14.255.020
for maxi-
mwn
heights far
allowed
types of
PWSFe
3ae note 3
nusmess �ttt;) zone
across for RECfitILATIOT'
u
J
a�
to the
USE ZONE CHART
forth in this section:
ZONE
BC
SPECIAL REGULATIONS AND NOTES
Na N/A 1. Fordeveloped sites, cha setback requirerrtents shall be those of the ptinaipal uee of tho subject property. Por undeveloped s�tes, tlie
4 aitowed ���k requirements For new freestanding PWSFs shatl be 20 ft. for front, side, and rear yards.
8 2. Subject to meeting all applicable development standarda, the review process used aLall be pmcess I, except far the following
PWSF p�posals;
a. Process �fF I,J for the following proposals:
(1) The PWSF is located withia 300 ft. of a residential zon
OT
(2) Tha PWSF is located on a stntcture that is a residenca or achool or eontains a residenca or school
or
(3) The PWSF is a new freestnnding PWSFs;
b. Process ��j if the PWSF is a latdce tower accommodating four or more providers.
st�tet�+e; er
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessery to provide the service up to 100 ft., plus
any height granted under FWRC 19.110.060. A PWSF sUall be allowed up to 120 ft. if tlure are two or more providers; except that u
lattice tower of between 120 R. to 150 ft, will bo allowed under a combined application of four or more providers.
4. All PWSF shall be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisioas of the PWSF
development regulations. At a minimum, a hve ft. type III landscsping area shall be requiied around the facility, unless the community
development xrvices director datemunes ihat the facility is adequataly scneaned
5. New &eestanding PWSFs are sllowed subject to haight limits and wllocadon provisiona. PWSFs ste allowed on exisdng towers, on
private buildings and sductures, on publicly used structures not located in public rights-of-way, on existing structures loca h
BPA trail, and on existing strucwres in appmpriate public rights-of-way. Refer to FWRC 19,255.020 for development atan
I, II, Ill and I V ara drscribed in
19.55 FWRC,
19.60 FWRC,
19.65 FWRC,
19.70 FWRC reapectively.
For other infameti� sbout perking and pe�icins er�as, see Chaptet 19.1?A FWRC.
For deteile of whet may ex�ed thia height timit, see FWRC 19. l 10.050 et aeq.
Fa dateilcYegiirdingrequired yerde, see FWRC 19.125.160 et req.
K:\2009 Code Atneudmuits�PWSF"�Refonnatted Zcu�uig C.'t�atts�Version sent tn Stakaholdern�BC 19•220�120 PW3F.doo
i'�"�
I w:-:m
i�
19.225.120 Persottal wireless service facility.
The followin� uses shall be permitted in the
CJSE ZONE CHART
rn
0
C
USE
u
wiraless
cervice
I'aciliry
Sae note 5
for allowed
typea of
PWSFs
N
0
3
L/�
�i r�
3ea note None
2
v 6
O �p
w cn
3ee notos 1 and 4
x
ferto 3ae
center core
u
y
e
N
v� a a
FWRC note 4 allowed
19.255.020 on a
for maxi- PWSF
mum
heights for
ellowed
typea of
PW3Fc
Sae note 3
zone subject to the re�ulations and notes set forth in this section:
ZONE
CC-C
SPECtAL REGULATIONS AND NOTES
1. For
setbacks se� PWRC
2. Subject to meeting all applicable development standards, the review process used shall be process I, except for the tbllowing
�ii���.
wa�}snw:��arrw�
(3j a. Process II if�jhe PWSF is a new freestattdiug PWSF
b. Procesa if the PWSF is a luttice tower accommodating four or more providers.
sh�re; er
mt,, n ��o'r fi�TD"19
a aa
3. Maximum allowed height for a new freestanding PWSF shall be the minimum nece�sazy to provide the service up to 100 ft.,
ptus any heigltt granted under FWRC 19.110,060. A PWSF shall be allowed up ro 120 ft if there are two or more providers;
except that a lattice tower of between L20 ft. to I50 ft. will ba nllowed under a combined applicadan of four or more providers.
4. All PWSF shall be landscaped and screened in accordauce with Chapter 19.125 FWRC attd the provisions of the PWSF
development regulationa. At a minimum, a five ft. type III landscaping area shall be required around the facility, unless the
community developmant services director deternuaes that the facility ia adequately screenod
5. New freestanding PWSFs are allowed subjact to height limits and collocadon provisiona PWSFs are allowed on existin�^'
towers, on privato buildiags and shuctures, on publicly used atructurea not locnted in public rights-of-way, on existing stru�
locsted in the BPA trail, and on existittg structures in appropriate public rights•of•way. Refer to FWRC 19.255.020 tbr
Ptocaex I, II, III wnd I V e�•e described in For other infamation ebout p�•king and pucking arees, eee Chaptor 19.130 FWRC.
Chap[er 19.SS FWRC,
Chaptcr 19.60 FWRC, Fot deteils of whet may exceed this height limit, sae FWRC 19, I 10.050 el seq.
Chepter 19.65 FWRC, For deteils regarding roquired yarde, aee FWRC 91.125.160 et seq.
Chepter 19.70 FWRC respeaively
K:�2009 Q�de A�nmdtneab�PW SFUtefimnatted Zouu� Cl�arts\Ve�sicu� aeut to 3takehNdere�CCC 19-225•120 PW3F.doc
14.230.140 Personal wireless service facilltv.
rn
The followin uses shall be etmitted in the cit cent� frame CC-F zone sub'ecf to the re lations and notes set forth in this section:
USE ZONE �HART
DIRECTION5: FIRST retui down to tind use THEN, across for REC}ULATIONS
Minimums
z Re uired Y'xrtis
o ZONE
M U
H 4�j m J
CC-F
F
v N ,q y
u SE S x SPECIAL REGULATIONS AND NOTES
Pencxial Sea note Nme 3ee naes 1 nnd 4 3 Rofar to 3ec Not N/A 1. For
wirolaes 2 FWRC note 4 allowed
setbacks see FWRC
service 19.255.0?A on a 19.255.020(51(bl.
facility for mexi• PWSF Z, Subject to meeqng all applicable developmettt standards, the review process used sha11 be process I, except for che tollowing
mum
See note 5 heigttts for proposals:
lor �Ilowed nllowed a, Process III for the tollowing pruposals:
types af types of
PWSF's PW5Fs
See note 3
(3j The PWSF is a new freestanding PWSFs or,
121 If the PWSF is a lattice tower accommodatine four or more providers.
st�et�e;-er
3. Maximum allowed height for a new Freestanding PWSF shall be the minimum necessary to provide the service up to 100 8„
plus any height grnnted under FWRC 19.11U.060. A PWSF shall be allowed up to 120 8 iFthere are two or more providera;
except that a lattice tower of between 12U ft. to 150 will be allowed under a combined application of four or rnore providers,
4. Ali PWSF shall be landscaped and screened in accordance with Chapter 19.125 FWRC attd the provisions of the PWSF
development ragulationa At a minimum, a five ft. typa III landscaping area shall be required around the facility, unless the
communiry development services director determines that the facility is adaquately scroened
5. Naw freeatandist� PWSFs are allowed subject to height limits and collocation provisiona PWSFs are allowed on ezisting
Wwers, on private buildings and structures, on publicly used structurea uot located in pnblic rights-of•way, on existing structu�
located in the BPA trail, and on exisdng atructuroa in appropriate public rights•of•way. Refer to FWRC 19.255.020 for
davelo ont standards lieable to ellowed t es of PWSFs.
PTaxes I, II, III and IV �ve deacribed in For other infocmation about perking and perking ��eee, aee Chepter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For detaila of whet mey axcroed thie height liniit, ace FWRC 19.110.050 et aeq.
C-'hapter 19.65 FWRC, For deteils rogarding requirod yards, see FWRC 19.125. l60 et eeq. ,�y
Chapter 19.�0 FWRC reapeaively.
K:�2009 Code Aenaud�nmm\PWSF�Refametted ZoningCLazts\Vaskncant to Stakeholdecs\CC� 19-230•140 PWSF.doc
19.235.100 Personal wiretess service facility.
The following uses shall be pernutted in the office
to the
USE ZONE CI
rn
rn
z
0
F
USE ll
Pareanal
wireless
es
xervic�e
tacility
Sea note 5
for nliowed
types of
PW SFs
3
a�
3ee
2
formaxi• PW3F
mum
heights for
allowed
��CB OP
PWSFs
See note 3
zone
this section:
ZONE
OP, 4��4
SPECIAL REGULATIONS AND NOTES
1, For fl�-y��}�
xfbacks see FWRC 19.255.020(51(bl
2. Subject to meeting all applicaUle development standards, the raview process used shall be pmcess I, except far the following
Proposals;
a. Process ii�F �j for the following proposals:
(i) The PWSF is loeated within 300 ft. of a residentixl zon
(2) The PWSF is located on a structure that is a residence or school or wntains a residenca or school,
(3) The PWSP is a new freestunding PWSF
b. Process jj,j if the PWSF is a lattice tower accommodadng four or more providers.
s�eEme;•er
3. Maximum allowed height for a new Ereestanding PWSF shell be tha minimum necassury W provide the service up w l0U ft,, plus
any height granted uttder FWItC 19.11 U.060. A PWSF ahap 6e allowed up to 120 R, if there are two or more providers; except that a
lattice tower of between 120 ft to I 50 ft. will be allowed under a combiaed application of four or more providers.
4. All PWSF shall be landsceped and acreened in accotdance with Chapter 19.125 FWRC attd the provisions of the PWSF
development regulations, At a minimum, a Sve ft. type III landseaping area shall be required around the facility, unless the community
development services director deternvne� t6at the facility is adequately acreened.
5. New freestanding PWSFs are allowed aubject to height timits and collocation provi9ione. PWSFs are allowed on existing w� o�'
private buildings and skuctures, on publicly used structures not located in public righta-of-way, on existing structures located �e
BPA trail, and on existing atructures in xppropriate public rights�of-way. Re&r to FWRC 19.255.020 for development standa�
avuliceble W allowed tvnas ofPWSFa.
Pra:ess 1, II, IIT and I V ere described in
Ctfapror 19.55 FWRC,
Chepter 19.60 FWRC,
Chepter 19.65 FWRC,
Ct�ter 19.70 FWRC respenively.
Far other infarmetion about perlcing end patkiny; are�, sae Chapter 19.130 FWRC.
Far details of whet may exceed this height 1¢nit, see PWRC 19.110.05� et eeq.
Far details re�gvding roquired yerda, see FWRC 19.125.160 et seq.
i� 0
.�J p
p
w rTi c
NOIIC SCC SCC SCG
5
�x
v
3
q
VJ FYi
n�e 1 I note 1 I note I� FWRC nae 4 allowed
l 19.255.020 on a
K\2W9 Code Atnendmentc\pWSF\Refont�atted Zauu�g Cha�ta\Verstnn srru to Stakehalders�P 19-21b100 PWSF.doc
19.240.140 Personal wireless service facilfties.
zone
q
b�
p5
USE a
service facility
See nate 5 for
allowed types of
PWSF's
�wa to find use T
iimums
d Yards
�Fw
o Q
8
a �x
�reeesed; None I See notes 1
See note Z
4 Refer to
FWRC
c�
�a
N/A 1. For
notes set forth in
USE TANE CHART
ZONE
CE
SPECIAL REGULATIONS AND NOTE3
19, 2 S 5, 020 19.255.020(51(bl.
for 2. 5ubject to mee6ng all a�licable development sG►ndards, the review process shall be Process I, except for die following
maximum proposais:
heights tbr a. Process� jI for the following proposnls:
allowed (1) The PWSF is located within 30f) Y'eet ofa residenpal zon�; °11'O° :;,�o p �„b�
r
types of
PWSF's (2) The PWSF is located on a stru�Nre U�at is a residence or school or cotitains a residence ot school; previ�,�d-�e-P�SF-ie
See note 3 (3) Tha PWSF is a new &eestnnding PWSF; except as provided in note (2)(c),
b, Procesa �f jjj if the PWSF is a lattice towar accommodating four or more providers. or the PWSF is a new freestanding
PW SF
sh�efiae;-er
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessery to provide the service u� to 100 ft.,
plus any height gtsnted under FWRC 19.110.060. A PWSF shnll be allowed up to 120 ft. if there are two or more providers;
excegt that a lattice tower of between 120 ft. to 150 R. will be uliowed under a combined application of four or more
providers.
4. All PWSFs shall be lendscaped and screened in accotdance with Chapter 19.125 FWRC and the provisions of the PWSF
development regulations. At a minimum, a five ft. Type III landscape aree shull be requited atound the facility, unless tlie
community devalopment services director detertnines that the Yacility ia adequately acreened.
5. New freestanding PWSFs are ailowed subject to height limits and collocation provisiona PWSFs are allowed on existing
Wwers, ott piivate buildinga and squctures, on publicly used spuctures not loceted in public righta•of-way, on existing
structures located in the BPA trail, and oh exiating structurea in appropriate public rights•of=way. Refer to FW12C 19.255.0�'
for development standards applicable to allowed types of PW SFs.
Process I, II, III and IV are described in
Chapter 19.55 FWRC, For other infornwtion about parkin6 und parking ateas, see Cheipter 19.130 FWRC.
Chapter 14,6U FWRC, For details of what may exceed this heigl�t limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For detnils regxrding required yards, see FWRC 19.125.160 et seq.
Chopter 19.70 FWRC respectively.
K:�2009 Code Ameudtnm�ls\PW 3FVtnkm�nned 2ut�u�g Cltarts\Vareion sent to Stakeholdeta\CS 19-244140 PW SF.DOC
z�wo
�SS�
Q
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Chapter 19.245. Corporate Park (CP-1)
s�
3
aerrioe
�Y
ocsiron,�
`7!"'° v'
�8
s� s� s�
�-r �s �a �a
=ri-c`r`r.o^c8 are
fer-nmxi- gil�6F
�B
ZONE
�Iz--�-
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�CrflOE@ 3
�1+�R1!1i1�►
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1
EXHIBIT B
corxiiess Cor�ss cor+�ess
5horfrvave Radio Phones Phones Phcmes
Rircra€t
Mictowaves
i 1 1 i },i J l 3 1
t t z, S, �t J! r 4 t! i �j 1 f
4 I� t
r i C t �f�
L i I �V� \i V
CB VNF VHF Ui-(F p.�_S. Ptmhes
Tti+pN T1/+pN N+DN
H�� Pagess
CeNular Phanss
F�+t Band
A Brief Technical Summary on PWSFs
It is important to lrnow the basics of cetlular 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 culied 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 cat(ed "cellular" (analog signals) and
"personal communications service [PCS]" (digital signals). Cellular radio services transmit
at a frequency between $24-894 MHz. PCS transmitters use frequencies in the range of
1850-1990 MHz.
RM BaeZd
r' `,1
tiam
0.3 Mhz
3 Mhz
�������-�i
P���:�_��°���
3Q NEhz 34Q Mhz
3�fl Mhz
As the #requency inc�eases, the waveiength o# the transmitted sGgnal o'ecreases
Mhz Megahertz MiUions ot cycies per secand
Cellular/PCS antennas are generally affixed to rooftops, water towers, power poles, and
other tail structures. The antennas are placed on taller structures due to the fact that the RF
signals are broadcasted on a horizontal plane (vs. an upldown vertical plane) in a fan-shaped
direction over a certain distance_ These signats intermingle with other antenna arrays to
create a network generally made up of base stations and relay stations.
�;M
r-
4,......
f
E
t
1+
Graphical representation of cellular networks.
K:12009 Code Amendments�PWSflPtanning Commission\Oct 7 Meeting Packet�A Brief Technical Sumrrrary on PWSFs.docPage l of 2
69
f
P���
Eiectromagnetic 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 e(ectromagnetic energy, generally known as radiofrequency or RF energy/radiation. 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
iow 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 may be strong enough to heat tissue if in
extremeiy close proximity.
At any given cellularlPCS site, the total RF power that could be radiated by the antennas
depends on the number of transmitters instalied, the power of each transmitter, and the rype
of antenna. Generally, the maximum power radiated in any direction usually does not exceed
50 watts_ As with all forms of electromagnetic energy, the power density from the antenna
decreases rapidly as one cnoves away from the source. And since RF signals transmit on a
horizontal plane, generally 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 AmendmenislPWSEIPianning Commission\Oct 7 Meeting PacketW Brief Technical Summary on PWSFs.dcePage 2 of 2
70
l
l PA��_�L����-
David Lee f._. x j
From: Sarah Telschow jstelschow@realcomassoc.comJ
Sen#: 1Vlonday, September 28, 2005 3'16 PM
To: David Lee
�c: Jennifer Tayior; Greg Fewins; Margaret Ctark
5ubject: Comments Regarding City of Federal Way's Proposed Rersonal Wireless Service Facility
(PWSF) Regulation,Changes
.,ti
Septemt�ei 28, 2409
Dayid Lee, Associate Planner
City a��Federal 'Way
3332� �8" ;�ivenue �outh
Fec��' V�aY� W�.� 9�063
M
p,
Re: �mments Regazding City'of Federal VVay's grbposed Persona� Wireless Setvice �acility (PWSFJ Regulation
�lian�e�'°..
Dear"�1�'Ii I:ee:
s
hank you for opportunity to provide comments on,-the City o£ Federal Way's pioposed.personal vsnreless service
facility (PWSF} regulation changes� RearlCom Associate,s appreciates the chart�e to review ar�d cntique the Cicy of,
Fede� Way's �roposed code` a�nendment: "Hopefully,''the City of'Federal Way will thoroughly consider the
suggestions presented �n this letter.
�r:��.
Some of trte �hanges presented in the proposed PWSF code changes are positive. However, many of the changes
still creaxe uncertainty anci unclear regula.�ons for wiireless provide�s.
Telecs�mmunicafi�n facilities provide cn�ic.�l co�nmunication services for em�erge�cy, busutess, and personal use.
Relia�le vt�ireless service in the City of ���eral V�'ay provides a benefit the pubhc. Cellul"ar telephone covera�e
im.prou�es emergencyservic�s such as,pollce�and�re wfien traditional landline phones are �naccessible'anc3/or not
workting. This is often the caise for stranded motozists, after a severe storm, or �e result'of ot.�er"types of
emergencies. Law enforcement agenrs, ne�hborhood w�:tch progratris, and individuals use wireless telephones m
emergency situations to help errieige�cy servsees°r�spoiid quickly by reducing ndtifiia.tibn times. As a result,
telecommunication facilities pravide a net. positive effect on emer�eucy services for the public by etlhancinig the
ef�iciency and quality of wireless telephone services. However, confusing and diffciilt development regulations
create problematic situations for both the wireless camer and the community.
The following oudines specific commenis regarding the City of Federal 'Way's proposed PWSF code
amendment:
Land Use Zone Charts for PWSF (Sections 19.195.190 to I9245.010)
o Not allowing freestanding sfr�etures under any permit/design process in the follQwin,g zones
especially: PO ai�d Bh1 could be construed as prohibiting wireless facilities_ It is feasible thax. new
freestanding fa.cilities would be the lowest of the ��c locations and that especially in the
residential' zones that limatations may existing i height, design, and type of �roperty (i.e.
pro�erty niust have a aon-residential use etc.).
71
PA��,�Z��_�
Section 19.255.010{4) Pnoritized locations
o(cu "noruesi.dential zones" shou�d be rema�ed, It,suggests that attaching to e}tisting structures and
buildings in residential zones is not allowed while fihe zoning charts indicate that atta.ching to
existing structures is allowed. Ferhaps the addirio� of a lower pi�iority location for existing t
structures in R zones rather than leave it out of the priority 4f lc�t�ta��s
Section 19255.020 Development standards
o(1) (b) "Anten�as may be mounted to rooftop" appurtenaui�es providet��they do not extend beyond j
15 feet above the roof prope�-." This is very confusing without a clear. explanation of vvhat the city
deems a"roo$op appurtenance". Does tkiits i�clude elevator shafts, penthouses, �arapet walls, 1
mechanical screening? Additionally, the city does not defiz�e` "roof pro�er". 'I1�is wi�l be a very 'I
confusing requirement and co�lct create a variety of interpreEa:tions. i
o(1)(e) "T'he maximum siie of the PWSF panels and number of antent�as shail �e de��i�ed b}�
the director of community develogment services:' This is< too vague and does not �ro�i:d�.,�:y
criteria for the provider to follow in order Eo clesign new #'a.ciliEtes. Ttus ,should be c hanged to
indicate that the provider must prove and/or proviiie doc�entation thai the'propose� fac3�Ly is
t�ie minimum siz� necessary ir� osder to����eet�c9verage object�ves��in the area.
o(4)(al(i) and (u) "...maxunum size of the building to be deternuned on a case-by-case basis�by the
director of community development seivices,"'�is is too vague and does not provide anyyci
for the provider to follow in order to design new facilities. 'This should be changed to �nnc��te�at
the pi must prove and/or provide d�cumentaxion that the proposed buiiding �ize tlie
nuni[��uin size necessary.
ti n.
s �-a_a fi, as a a.;<> 3. ."z»�k-�a _�s"� a,
s ,J�� r.. z
1�ank you agatn for the �Qppor�unity ta provide on the proposed PWSF �cocle amendment.
If you have any questions anid/or concerns about ttie above letter, p�ease fee2 free to eonta.ct RealCom �1ss cia.tes.
a
Respectfullq,
�t
Sarah Telschow, �lanner 7e�nxfer Taylor, ,Ptanner W
14432 SE East�ate VS�ay, Suite 260 1�43� �as�tg, �a3'����.��
�e�llevue, WA 98007 ��s'�� �A �:F,�
(42��274-4444 (425} 27�-4444
stelscYi�utu_ic,.�ltz�ic7.z,���c_cis�ri
2
72
Z
From: Sarah Telschow [mailto:stelschow��realcomassoc.comJ
Sent: Tuesday, October 06, 2009 11:�3 AM
To: David Lee; Margaret Clark
Cc: Jennifer Taylor
Subject: RE: Comments Regarding City of Federal Way's Proposed Personal Wireless Service
Facility (PWSF) Regulation Changes
October 6, 2009
David and Margaret:
Thank you for the opportunity to meet with you on Monday, October O5, 2009 to discuss the City
of Federal Way's proposed telecommunication code changes. The pzovided changes provide
adequate clarification and have addressed concerns outlined in the September 28, 2009 e-mail.
Thank you again.
Respectfully,
Sarah Telschow, Planner
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
(425) 274-4444
=_4�•��±::s �r-rea l� a�.�s:s,c��. c+
Jennifer Taylor, Planner
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
(425) 274-4444
Lc�i�.t7��:1; E �3.SC.e �:i3<#,S�!:+_.a_..i3t
From: David Lee [mailto:David.Lee@cityoffederalway.com]
Sent: Tuesda.y, October 06, 2009 9:43 AM
To: Sarah Telschow
Ce: Jennifer Taylar
Subject: RE: Comments Regarding Ciry of Federal Way's Proposed Personal Wireless Service
Facility (PWSF) Regulation Changes
Sarah Jennifer,
Thank you again for taking the time and meeting with us yesterday regarding the PWSF code
amendment. Attached to this e-mail you will find a copy of the proposed changes we have made
in response to your suggestions and concerns. You will find the changes that were specific to
your concerns highlighted in yellow. In addition, we felt the issue regarding placing PWSF's on
uriliry poles within utiiiry/access easements can be handled with the code as written with
19.255.010(4)( fl which states "If the applicant demonstrates to the city's satisfaction that it is not
technically possibie to site in a prioritized locarion, the city reserves the right to approve
alternative site locarions if a denial would be in violation of the 1996 Telecommunicarions Act, as
determined by the city_"
Additionally, we've clarified the height issue you've brought up by providing a clear definition of
building heighbroof and also made a cross reference as to what we consider a rooftop
appurtenance. Height of Structure is defined by FWRC Sec. 19.05.080 "H definitions" as:
73
"Height of structure means the vertical distance measured from the average building
elevation around the building segment to the highest point of a flat roof or to the deck line of a
mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable,
hip, gambrel, or similar sloped roof. For single-family residential structures �vhere the total area
of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be
measured to the ridge of the highest principal gable.
Please review the material, and if you feel that these are positive changes that will help you and
those in your indusriy, please send us an e-mail of support for the changes proposed. We are
taking this to the Planning Commission on Wednesday night and would appreciate your feed back
before end of business day tomorrow. Thank you again so much for all yoar help and time. Your
comments have been invaluablei
Sincerely,
David Lee
E3l:�ili:. �.::i;
:1�SQC1.hiG �'�%i#"t3:iGY.
{�"E�:;' C}� �'�.�`GP�: 4
:�3�-ZL''',
f���� a:��:s;� :�:3�= j�r;�3
1�:3.`l1E�.��€'.ICL% :�L�l)i�ti.`C�.4'�'��''A�FS:'v.f:C�;."�I
74
EXHIBIT A
Staff s original recommendations are shown as
(proposed deletions) and underline (proposed
additions).
Further amendments based on RealCom's comments
are shown as s-�il�ee�-� (proposed deletions) and
underline (proposed additions) and shaded.
75
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 Temporary personal wireless service facilities.
19.255.050 Application requirements.
19.255.060 Collocation.
��3 n'7!1 �r�TG .a a ,a F
�--�-���r��r�a �n««�«
19.255.070 Removal of facility.
-�-�$3.n�n ue..,�.:+ t;....;+.,.;,....,
°.''-�,-��.�0 19.255_080 Revocation of permit.
19.255.Oi0 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
options which minimize safety hazards and visual impacts sometimes associated with wireless
communications technology. b F
a o
e
e
Defnitions. Any words, terms or phrases used in this section which are not otherwise defined shall
have the meanings set forth in Chapter 19.05 FWRC.
{3) Exemptions. The foliowing antennas and facilities are exempt from the provisions of this section
and shall be permitted in all zones consistent with applicable development standards as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) Wireiess communication facilities used by federal, state, or iocal 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 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 federatly licensed amateur ("ham") radio
operators; provided such antennas compiy with all applicable provisions of FWRC i 9.110.050,
Compliance generally, 19.1 i0.060, 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 generaliy, 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 utility services, except for whip or oYher antennas greater than two feet in length;
provided the AMR facilities are within the scope of acrivities permitted 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 impacts of the antenna, tower, or
buildings; provided, that compiiance with the standards of this title is maintained.
76
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�t
f'.
Eguipment cabinet additions or upgrades within existin� eQUipment enclosures or buildings
so lon� as there is no material area expansion of the equipment enclosure or buildin� or chan�e to the
�proved architectural design of the existing equipment enclosure or buildin�.
(4) Prioritized locations. The following sites shall be the required order of locations for proposed
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 Yhe higher priority
(ocations and document, to the city's satisfaction, why locating the PWSF in each higher priority location
and/or 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. Department of Energy/
Bonnevi(1e 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 facility is currently located regardless of
underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF
location, the applicant shall document why collocation on the existing site or tower is not being proposed,
regardless of whether the exishng site or tower is located within the jurisdiction of the city.
(d) Appropriate'��•��N�°° �r ~a �S� zonin� districts. A PWSF inay
be located on private buildings or structures within
a��*r�^*�, non-residential zonin� districts as allowed by the zonin� chart. "r'"° ��°�°�°a ^ra°r°f
nn n n��;,.o n.,.-v
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(e) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights-
of-way shali be defined as including those public rights-of-way with functional street classifications of
principal arterial, minor arterial, and principal collector. A PWSF inay be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least
330 linear feet.
Location of a PWSF
on an existing shucture in an appropriate public right-of-way shall require a right-of-way permit in
addition to the required use process approval.
D.-;,,..;...,1 A.-re.-:.,1
Ail;..,,.- A.-ro.-:..1
e6E6F
If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding
uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning
shall be the preferred location.
Proposed Code Amendments File #09-I03477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 77 Page 2 of l l
3
P��� �r..��
If the PWSF is proposed to be located in an appropriate public right-of-way and surroun ing
uses or zoning are the same, the prefened location shall be that portion of the right-of-way with the least
adverse visual impacts.
19.255.020 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personai wireless service facility:
(1) Building- or structure-mounted PWSFs on existin� buildin�s
or structures in or out of the public ri�of-way. PWSFs mounted on existing buildings and structures
,,o*�a«�P�onr :�b;;� �F shall conform to the following development standards:
(a) The PWSF shall consist oniy of the following types of facilities:
(i) A microcell or 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 minor faciiity, as determined by the
director of community development services, subject to meeting 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
�4,Z of this section; and
(C) The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project location,
surrounding environment, and potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards of the Federal Way
Revised Code.
For PWSF's located in the right-of-way the combined antennas mav extend up to the
minimum necessarv height to meet safety clearances required bv the �erator of the existing structure, but
not exceed 15 feet above the existing shucture plus the height of the proposed antennas as snecified in
subsection �"��`�,�,m'„'-�', (1)(e) of this section The maximum allowable hei�ht of the new structure with
the PWSF antennas shall be determined by the director of community development services, dependin�
upon the antenna type design location on the structure and the proposed method of attachment. An
existing structure can be increased in height only once per a 12-month period. Anv structure, whether a
new or replacement structure iocated in a public right-of-waYmust be similar in terms of size (except
height) shape color�material and Iocation to the existin� and surroundinQ structures, as determined bv
the director of communitv development services The antenna extension may be permitted re�ardiess of
outlined in the use zone charts FWRC Title 19 Division VI Zonin�Regulations.
{s3 �The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to sunounding land uses and structures and shall, to the
greatest extent practical, blend into the existing environment pursuant to subsection of this section.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 78 Page 3 of i 1
(Ord. No. 08-585, 3(E1ch. A), 11-4-08; Ord. No. 01-399, 3, 8-7-01 Urd. No. UU 14, 1-4-uu; ura. ivo. yi-
300, 3, 9-16-97. Code 2001 22-966.)
3
pa��.�.._.0�_3�___
Panel and parabolic antennas shall be screened from residentiai views and public rights-of-way unless
�t�s
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{-e3 �t Required setbacks shail not pertain to PWSFs within public rights-of-way sF-e��
Within residential
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
residentiai development of the underlying zone. For developed 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 eqnipment enclosure shall be
20 feet for front, side, and rear yards.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 9.255, Personal Wireless Services Facilities 7 9 Page 4 of 1 1
3
s
New freestanding PWSFs. All requirements of the associated land use zoning charts must be
met. Additionally, �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 app(icant's technical and network tocation requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the coliocation of four or more providers as part of a joint permit
appiication.
(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 ail 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 fee# 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 existing trees, mature vegetation, and structures so as to:
(ij Use existing site features to screen as much of the total PWSF as possible from
prevaient 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 tnore
effectively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be camouflaged to blend in
harmoniouslv within the existing site through the use of faux-structural designs, or when not
technolo�catly or aestheticallv feasible, painted in a non-reflective ee�e� 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 ��e�te� services.
Screening standards for all PWSFs_ PWSFs shall be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be accomplished
by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to,
artificial trees and holiow flag poles, and/or other methods or techniques to achieve minimum visibility of
the facility as viewed from public streets or residential properties. In addition, the provisions for
iandscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall
apply.
(3� Standards for electronic� cabinets.
r
(a)
Electronic cabinets shall either:
.,+o F,.r,.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 80 Page 5 of 11
PA���_��°-�-_
(b) T� h���° "Y'^""''> Equipment enclosures shall be screened with one or a combination ot tne
following methods, which shall be acceptable to the city: fencing, walls, iandscaping, structures, buildings
or topography 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) a °a'���
i e �t�..ii t�e �n o� f �:ao .,a ..o ..�a�
If the equipment cabinet is iocated within a new Ea�3` enclosed building, the
buiiding shall conform to all applicable development standards and design guidelines for the underlying
zone_ The e�ett� enclosed building shall be architecturally designed and shall be compatible with
existing buildings on the site. The se�"��� enctosed building shall be screened to the greatest extent
possible &om any street and/or adjacent properties by landscaping and/or topography.
�4�� Sstandards for equipment enclosures: D c a a�=�� L��
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Electronic ec�uipment enclosures shall not be allowed within the ri�ht-of-wav.
In residential zones, equipment enclosures located above ground on properties adjacent to
the public right-of-way shall meet all applicable setback requirements for residential development of the
Proposed Code Amendments File �09-103477-00-SE
FWfiC Chapter 19.255, Personal Wireless Services Facilities 81 Page 6 of 11
PAG��_Gr°___�__
underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be those of the principat use of the subject properly. For undeveloped sites in
nonresidential zones, the setback requirements 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 existin� site and complement the
iandsca�e buffer requirements of the underlYing zone as determined appropriate bv the director of
communitydevelopment services the equipment enclosure can be located inside of the 20 foot setback
but outside of the rec�uired landscapin�buffer of the underlvin zg one.
Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
{e� Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
{#3 Equipment enclosures and screening shall notadversely impact vehicular sight distance.
Security fencing.
(a) No fence shali 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 shali be painted or coated with a nonreflective color.
Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on
existing structures and/or located on a given permitted site in determining whether additional permits may
be granted so as to not adversel}% effect the visual character of the city.
Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification, hazard warnin�, and name of provider.
Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by the
appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(b) Allowed heights shall be established relative 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 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
property into conformance as foliows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC 1930_ i i0_
(2) To bring the property into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 1930.120(lxg). Ali other requirements of
FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in
FWRC Title 16 reiating 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 200i
22-968.}
19.255.040 Temporary personai wireless service facitities.
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 or
ceil-on-wheels creates no more adverse impacts than the PVt�SF which was approved through the
Proposed Code Amendments Fi1e #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services �'acilities 8 2 Page 7 of 1 I
RA�� ��_3�.�
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-�s time determined to be appropriate by the director of community
devel�ment 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 permit process to become
involuntarily non-operational; provided, that the temporary personal wireless service facility or cell-on-
wheeis creates no more adverse impacts than the PWSF which was approved through the appropriate
permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in
an amount to be detercnined by the director of community development services in order to guarantee
performance of future removal and restoration of the site.
(Ord. No. 08-585, 3(Exh. A), I 1-4-08; 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 faciiities, permit appiications made under this section shall
include the following minimum information in addition to that required for the underlying permit review
process:
(a) A diagram or map showing the primary viewshed of the proposed facility_
(b) Photosimuiations of the proposed facility from affected properties andpublic rights-of-way at
varying distances. These photo simulations should include examples of camouflage and stealth
instailation options_
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that facility at that height and in that location. ����u�����'n'-�a�
(e) An inventory of other PWSF sites operated by the applicant or other providers within a one-
mile radius of the proposed PWSF tocation, a� m�`���
A site/landscaping plan showing the specific placement of the PWSF on the site; showing the
location of existing slructures, trees, and other significant site features; and indicaring type and iocations
of plant materials used to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located above ground, �ess
an
expianation of why it is impracticable to locate the cabinet underground.
.,+�:.]e .,Fr1.e ..,,L.1:,. .-,..L.s ,.F..,....
Documentation of efforts to collocate on existing facilities.
The city may require the applicant, at the applicant's expense, to pcovide 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, materia(s, inspections, and
reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense.
(2) Permit applications for temporary personal wireless service facilities shali include the following
minimum information:
(a) Documentation of previously permitted facility.
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 8 3 Page 8 of 11
���ft}�i� 7�
(b) Site plan showing proposed location of temporary facility in relationship to the location of
the previously permitted facility and property boundaries, including dimensions from the property lines
and height of proposed facility.
(c) Photographs of the proposed facility.
(Ord. No. 08-�8�, 3(Exh. 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 200i 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 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 pernlitted site, provided such shared use does not give rise to a substantial
technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new
applicant, the city may require a third party technical study at the expense of the permittee. Failure to
comply with this provision may result in a revocation of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the potential coilocation 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 applicarion. If an applicant contends that
future collocation is not possible on their site, they must submit a technical study documenting why.
(3) Collocation requirements shali 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, 9-16-9Z Code 2001
22-971.)
n �ce n�n �nat� �+.,.,a.,,.a� ..,,a ;,.+,...s
rn a wr n4 c4� v❑ t, n� i i n no. n a �.r nn in n nn- n_a �r.. n� �nn n i� o� �„ao �nni
�via�v.-vv-�v��-� �v��'i �v��r c
t�c-rrc7
19ZSS.Q70 Removal of facility.
i) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC_
Additionally, the owner or operator of a PWSF shall notify 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,
or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 84 Page 9 of 11
PA��_1
structural features, paint, landscaping, or general lack of maintenance which couid result in adverse safety
or visual impacts. If there are two or more users of a single tower, then the city's riaht to remove the
tower shall not become effective until all users abandon the tower.
(2) Par-tial abandonment and removal. If the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no ionger
in use, the PWSF shall be considered partiatly abandoned. The owner or operator of any partially
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 partiai 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
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), I1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code 200i
22-973.j
19.255.80 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of the
following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a
permit;
(3) When the permit 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 chapter,
{5) Failure to comply with federal standards for EMF emissions; and
(b} Faiture to remedy localized interference with the reception of area teievision or radio broadcasts or
the functioning of other eiectronic devices.
(7) Pursuant to FWRC 19.05300(3), the city, as the applicant, shall use the same process to determine
if the permit shall be revoked as it used to grant the permit.
(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.)
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19.255, Personal Wireless Services Facilities 85 Page 10 of 1 I
E������
IJ
PA���_��=_�
K:�2009 Code Amendments\PWS�Reformatted Zoning Charts\Version sent to Stakeholders\Chapter 19-255.DOC
Proposed Code Amendments File #09-103477-00-SE
FWRC Chapter 19255, Personal Wireless Services Facilities 86 Page 1 i of I 1
19.195.190 Personal wireless service facility.
The followin uses shall be ermitted in the suburban estate SE zone sub'ect to the re ilations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, refld down to find use THEN, eicross Yor REGULATIONS
Minimums
Re uired Yards
z ZONE
O y a
a SE
c
M 'r; y U
u a 0. SPECIAL REGULATIONS AND NOTES
J
Per�onal 9ee-note See note See See See
wireless z^ 1 note 1 note 1 note 1
service Facility Process
(PWSF) Ij
Refer to See Not
FWRC note 3 �Ilowed
19.255.020 z on a
formexi- PWSF
mum
heights £or
allowed
types of
PWSFs
N/A 1. Not applicable. PWSFs tillowed on existing structures only.
yEr�eftsfe;-et'
See note 4
for allowed
types of
3- 2, All PWSFs shall be lundscaped flnd screened in accordxnce with Chapter 19.125 FWRC and the provisions of the PWSI'
development regulations. At a minimum, a five ft. type III lflndscaping area shxll be required xround tl�e Yiicility, unless the
community development services director detemunes that the facility is adequately screene3.
4e 3. New freestanding PWSFs flre not allowed. PWSFs shall be allowed only on existing towers, on publicly used stnichires not
located in public rights-of-way, on existing structures located in the BPA trail, and on existing structums in appropriate public
rights-ot=way. Refer to FWRC 19.255.020 tor development standards applicable to xllowed types of YWSFs.
Procesa I, II, III and I V are described in
Chapter 19.55 FWRC,
C}iapter 19.60 FWRC,
Chapter I9.65 FWRC,
Cheptet 19J0 FWRC respedively.
6eerreEr?
K:�2009 C�de Amendmmb�PW SP�Plannnig Cortuniasiou\Oct 7 Meeting Packet\SE l9• I95-I90 PW SF,doc
For other infortnation about parking and parking areas, see Chapter 19. I30 FWRC.
Fcn• details of what tt�ay exceed this height litnit, see b`WRC 19.110.050 et seq.
Far details regarding required yards, see FWRC 19.125.160 et se�.
�5
I au+��
3 I
19.200.190 Personal wireless service facitity.
The following uses shall be permitted in th
0
F
USE
u
FIRST, read down to find use
Minimums
Required Yards
m
U
d
3 N y.
ci: w cG
Personal 8ee-aoEe See
wireless 1
service facility Process
(PWSF) T,j
See note 4
for allowed
types of
See See See
note i note 1 note 1
Refer to
FWRC
19.255.020
for maxi-
mum
heights tor
allowed
types of
PWSFs
ly residential (RS) zone subject to the regulation
USE ZONE CHART
across for REGULATIONS
U
U
IZ.
'd
in c: a
See Not
riote 3 allowed
on a
PWSF
and notes set forth in this section:
ZONE
RS
SPECIAL REGULATIONS AND NOTES
Not applicable. PWSFs flllowed on existing structures only.
sfRteE�3�e;-ef
�;-e�
3e All PWSFs shall be lan3scape3 and screened in accordance with Chapter 19.125 FWRC and the provisions ofUie PWSI'
development regulations. At a minimum, a five ft. type III landscaping arex shall be required around the facility, unless the
community development seroices director deternunes that the facility is adeyutitely screened.
3 New ireestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on publicly used structures not
located in public rightaof-wny, on exis6ng stntctures located ia the BPA trnil, and on existing strucwres in aippropriate public rigl�ts-
ot=way. ReYer-to FWRC 19.255.020or development standxrds xpplicable to fllluwe3 types ofPWSFs.
Proc;ess I, II, III and I V are described in
Chapcer 19.55 FWRC,
Chapter 19.66 FWRC,
Chapter 19.65 FWRC,
Chepter 19.70 FWRC respectively.
K12009 Code .4mendments\P W 3F1Plazwing Commiasu�n\Oct 7 Meeting Packet\R3 l9•200- I90 PW 3F.doc
For other infoimation about paz•kiug end p�ui<ing a�•eas, see Chapter 19.130 FWRC.
For details ofwhat may exceed this height limit, see FWRC 19.110.050 et Eeq.
For details re *yerdinb ieyuired yards, see FWRC 19.125.160 et sey.
19.205,200 Personal wireless service facility.
The followin uses shall be ernutted in the multifamil residential
z DIRECTIONS: FIRST, read down to find use THEN, xcross f'or RE('
0 Minimums
Re uired Yards
�o d� F� a rn
.°3 3 .i E .c
USE �o,.� v, q a, r� .°..P p a �,x
�j e4 :a w n e: x v��i a
Persm�al Aee-nete See note See
wirele:s 1 note 1
service facility Proe;ess
(PWSF) L
See note 4�
for allowed
types of
PWSFs
�D
See See Reterto
note I note 1 FWRC
19.255.020
for rn�ci-
mucn
heigt�ts for
allowed
types of
PWSFs
See note Not
3 atlowed
zone subiect to the
USE ZONE CHART
and notes set forth in this section:
ZONE
RM
SPECIAL REGULATIONS AND NOTES
1. Not xpplicable. PWSFs eillowed on existing structures only.
on a
PWSF
�;-et'
�vr
3- 2 All PWSFs shall be landscaped an3 screened in accordcarce witl� Chapter 19.125 FWRC and the provisions of the PWSI�
development regulations. At a minimum, a tive ft. type III landscaping arex shall be required xround flie tiicility, unless the
community development services director deternvnes thflt the tacility is fldequntely screened.
4e 3 New freestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on puUlicly used structures not
located in public rights-of-way, on existing structures located in the BPA ttflil, and on existing structures in nppropriate puUlic. rights-
of=way. Refer to FWRC 19.255.020 tbr development standards ttpplicaUle to allowed types of PWSFs.
Process I, II, III and I V are des�ribed in
22-351 22-356,
22-361 22-370
22-386 22-411,
22-431 22-460, rospectively.
K:\2W9 Cocle Amendtnevts�PWSF�platutuig Co�m[ti�siott\Oct Mnetnig Packet�RM 19405-200 PW SF.doc
For other infom�ation about parking and perking areas, see Chapter 19.130 FWRC.
Fa details ofwhat may exceed this height limit, see FWRC 19.110.050 et seq.
For details re�rding required yerds, aec FWRC 19.125.160 et Feq.
w�.
O
19Z10.050 Personal wireless service facility.
The followin uses shall be ernutted in the rofessional of�ce PO zone sub'ect to the re ►lations and
USE ZONE CHART
z
o
F 61
U
USE
jj a;
FIRST, read
m
N
y Q
w �n
set forth in this section:
to find use THEN, across for REGULATIONS
a
a
�x
Refer ro
FWRC
19.255.020
for maxi•
rrmm
hei�ts for
allowed
types o£
PWSFs
Pe�smrnl See-neEe See note See See See
wireless t note 1 note 1 note 1
service Process II
facility
See nore 4 3
for allowed
types oC
PWSFs
Proce.�.s I, II, III und I V are described in
Chapter 19.55 FWRC,
Ctiapter I9.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC rospectively.
K:�2009 Cude Atnetidmenb�PW SF�Platmu4; Co�runissiat\Oct 7 Meeting Packet\pU l9•210•O50 PW SF.doc
See Nut N/A 1. Not xpplicable. PWSFs tillowed on existing structures only.
note 3 allowed
on a
PWSF
sEr�teEnfe;-ef*
8ee-nete 2
e-
�L" _r`
3- 2. All PWSFs shall Ue laindsexped and screened in accorcixnce with Chapter 19.125 FWKC xnd the provisiuns ot'the P�L'Sl
development regulaGons. At x minimum, a five ft. type III landscaping 2rea shall be required xround the tiiciliry, unless the
community develoUment services director deternvnes thxt the titcility is a�dequately xreened.
4 3. New heestanding PWSFs xre not xllowed. PWSFs sitxll be xllowed only on exis[ing tower�, on pnvate Uuildiucs and
structures, on publicly used structures not located in puUlic rights-ot=way, on existing structures loc:ited in die t3YA trxil, and
on existing structures in appropriate public rights-ot=way. Reter to FWRC 19.255.020 for development stxn�l�lyds xpplicable
to xllowed types ofPWSFs.
Q
a
v
U
a
G
a�
in c, a
ZONE
a O
SPECIAL REGULATIONS AND NOTES
For other intonnation about pa��king ar�d p�u•king �reas, see Chapter 19.130 FWRC.
For detuils of what may exceed this height limit, see FWRC 19.110.050 et sey.
For details re�rding required yards, see FWRC 19.125.160 et sey
A�!
a-es
�r e 0
4
19.215.100 Personal wireless service facility.
The following uses shall be nernutted in the
z DIRECTIONS: FIRST, read down
d Mini
Re uired Yards
N
d
U
3
O
USF. E�1 6�1 p
�1 w4 a a w rn c:
zone si�btect to the
and notes set forth in this section:
USE ZONE CHART
THEN, across tor REOiJLA'I'IONS
C
0.
U
�x a
y
U
4
b y
S
y ry
v, x a
Personal 8ee-ex�Fe See note See See See Refer to See Not
wireless �i 1 note 1 note 1 note t FWRC note 3 allowed
service facility �g� 19.255.020 on e
(PWSF) formaxi- PWSF
mwn
See note 4
for atlowed
types of
PWSFs
�w�f��o-sEraettere;�r
settt�e;-er
9f�CEkfC�, eY
3� All PWSFs shall be landscaped and screened in accordxnce with Chupter 19.125 FWRC and Uie pruvisions of Qie
PWSF development regulations. At a minimum, a five ft. type III landscuping arex shxll be reyuired t�round die tkcility,
unless the community development services director detemtines that the facility is ndequately xreened.
4 3, New tieestanding PWSFs �re not allowed. PWSFs shall be allowed only on existing towers, on pm�nte buildiu�
and �tructures. on publicly used structures not located in public rights-of-way, on existing structures located in U�e BPA
trail, t�nd on existing shuctures in apprapritite public righW-of•way. Refer to FWRC 19.255.020 tor developmenl
stxndards applicaUle to allowed types ofPWSFs, .,a��
Process I, II, III r�nd I V are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chupter 19.65 FWRC,
Chepter 19:70 FWRC respectively.
heights Far
allowed
types of
PWSFs
ZONE
BN
SPECIAL REGULATTONS AND NOTES
N/A 1. Not R�licable. PWSFs allowed on existing structures only,
K:\2009 Code Amendmmts\PW SF�Platuiing Commi�sintt\Oct? Mceting Packet�BN t9•215•l00 PW3F.doc
Fa other info�m�tion about parking and parking ereaR, see Ctiapter 19.130 FWRC.
For delails ofwliat mey exceed this heiy�t limit, see FWRC 19.110.050 et �eq.
For details reg�rding required yards, see FWRC 19.125.160 et scy.
��t N
19.220.120 Personal wireless service facility.
The following uses shall be nermitted in tihe
to find use THEN. across tor
O y
F
3
j,]5�' T
U Li C�i
a
G
E
w
See
note I
y
U
O
v
v� a
Yards
Personal See note None
wircless 2
service
facility
See no[e 5
for cillowed
types of
PWSFs
A
U
R
4 �0�0
m v�
�x
e See Refer to
�te 1 note i FWRC
19.255.020
1'or tna�ci-
mum
heigttts for
allowed
types of
PWSFs
0.
I See note 3
�D
N
to the reQUlations and notes set forth in this section:
USE ZONE CHART
ZONE
B�
SPECIAL REGULATIONS AND NOTES
See Not N/A For developed sites, the setbxck requirements s6111 be those of'the principxl use of the subject property. For undeveloped sites, the
note 4 ullowed setbxck requirements tor new heestunding PWSFs sh111 be 20 ft. for front, side, and rear yards.
O18 2. Subject to meeting nll npplicable development standards, the review process used shall Ue process I, except for the ti>llowing
PWSF proposals:
t�. Process �FF II for the Yollowittg pro�osals:
(1) Tl�e PWSF is located within 300 ft. ofa residential zon
or
(2) The PWSF is located on fl suucture that is a re�tidence or sdiool or contains a residence or school,
.L.,_ e w _L_.... .t_
(3) The PWSF is a new Freestanding PWSFs;
U. Process if the PW SF is fl lattice tower accommodating Your or more providers.
3. Maximum allowed height Yor x new freestanding PWSF shali be the minimum necessxry to provide tl�e service up w 1110 ft., plus
uny height granted un3er FWRC 19110.060. A PWSF shnll be allowed up to 120 ft. if there are two or more providers; except thxt a
lattice tower of between 12U ft. to 150 ft. will be allowed under a combined applicauon of tour or more providers.
4. All PWSF shall be landscaped and sc;reened in accon9ance with Chapter 19.125 FWRC an3 the provia7ons of the YWSF
development regula[ions. At u minimum, a five ft: t}�e III landscaping xrea shxil be required around the tacility, unless the cornmunity
development services director deterxnines that the facility is adequately screened.
5. New freestanding PWSFs xre nllowed subject to height limits flnd collocation provisions. PWSFs are aillowed ou existing towers, on
private builciings and structures, on puUlicly used sWctures not located in public rights-of-wa�y, on existing structure� i the
BPA trail, and on existing structures in xppropriate public rights-of-wxy. Reter ta FWRC 19.255.020 for developme� i
applicable to �Ilowed twes ofPWSFs. �'_�"4
Proce:� I, II, IIl end I V are described in
Ct�apter 19.55 FWRC,
Chapter I9.60 FWRC,
Chapter 19.65 FWRC,
Ctiepter 19.70 FWRC respectively.
Fm' other iufonnetion xbout pm�king and pa�•I<ing nreas, see Chapter 19. l20 FWRC.
For details of what mey exceed this tiei�u limit, see FWRC l9. I 10.050 et sey.
Fa� dets�ils reyarding requirod yfu•ds, see FWRC 19. I25.160 et seq.
K�\2009 Code Atnnidmett��PW 5F�Plstui¢ig Cotmnissum\OM 7 Meetnig PackehBC 19-220•I20 PW SF.doc
19.225.120 Personal wireless service facility.
The following uses shall be permitted in the city center core
zone subiect to the re�ilations and notes set forth in this section:
USE ZONE CHART
z
0
USE
u
N
N
d
U
O
'C W
4�.
LYi LZi
See note
2
read
use '1'H�:N, across tor iLr
�/Y
C
'd
C U C
Oq O q p,
�w
ZONE
CC-C
wirelesE
service
facility
See note 5
for allowed
types of
PWSFs
t p d
A
A
w v�
See notes 1 and 4
SPECIAL REGULATIONS AND NOTES
Refer to See Not N/A 1. For
FWRC note 4 allowed setUxcks see FWRC
t9.255.020 �e 19.255.020(51(b).
for maxi• PWSF 2, Subject to meedng all xpplicttble development standards, the review process used shall be process I, except for [he following
tnum
heights for proposttlx
allowed
types of
PWSFs
See note 3 .�.e__� c �x_ ..�.._.,_.w.._.....,_,...._.
(3j a. Process II if�the PWSF is �t new freestanding PWSF
b. Process ��II if the PWSF is u lattice tower accommodadng f'our or more providers.
sEflleE�tre;-er
3. Maximum allowed height For a new freestanding PW SF shall be the minimum necessnry to provide the Service up to 100 h.,
plus any height granted under FWRC 19.110.O60. A PWSF shall be allowed up to 120 ft. iY'there xre two or more providers;
except thxt a lHttice tower of between 120 ft. w 150 ft. will be allowed under x combined applicaqon oY' four or more providers.
4. All PWSF shall be landscaped nnd screened in accordance with Chapter 19.125 FWRC and the provisions of the PWSF
development reguladons. At:L minimum, x five 8. type III landscttping arex shall be required around the tiicility, unless tl�e
community development services director determines that the tacility is adequately screened.
5, New freestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing
towers, on private buildings and structurea, on publicly used structures not located in public rights•ot=w�y, on m� ctures
located in the BPA trail, and on existing structures in appropriate public rights-ot=wxy. Refar to FWRC 19.25�� f�
-e.,::,o.._ CS.�
Procexs I, II, III and IV ere described in
Chepter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chepter 19.70 F`WRC respectively.
For other information about parking and parking ereak, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.O5U et sey.
For details regarding required yards, see FWRC 91125,160 et seq.
a�sc�
K:\2009 Code Amenchne��l�\PW 3fiPlazmuig Crntunissttm\Oct 7 Mcetittg Packet\CCC 19•225-120 PW 3F.doc
19.230.140 Personal wireless service facility.
The following uses shall be perniitted in the city center frame (CC-F) zone subject to the rer.ulations and notes set fortlr in this section�
z
0
�i
USE
u
Person�l
wireless
service
faciliry
See note 5
tor allowed
types of
PWSFs
d
U
0
'L1 W
3 N
L': R�i
See note None
2
ST, rea down to find use
finimums
Re uired Yards
U
O •d N e M
w" �n a x
See notes 1 and 4� Refer to
FWRC
19.255.02U
for mexi-
mum
heigtits for
allowed
types of
PWSFs
See note 3
A
See
nore 4
�ross for REOULATIONS
y
'd
N .3 C
,�h Q'
C 0.
t NiA 1. For deve}et
ullowed
ori a
PWSF
USE ZONE CHART
ZONE
CGF
SPECIAL REGULATIONS AND NOTES
setblekx see PWRC
2. Subject to meeting all applicable development stan�irds, the review process used shxll be process I, except tor the tollowing
propos�ils:
a. Process III for the fullowing proposals
F3j The PWSF is 1 new tieestanding PWSFs or,
(2) If the PWSF is a lattice tower lccommodxting fou or r more vroviders
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessxry to provide the service up to 100 fl.,
plus any height grnnted under FWRC 19.110.060. A PWSF shtill be nllowed up to 120 ft, if there are two or more providers;
except that a lattice tower ofUetween 120 ft to 150 ft. will be allowed under a combined application of four or more providers.
4, Ali PW3F shall be landscnped and screened in accordtince with Chapter 19.125 FWRC and the provisions of tl�e PWSF
development regulations. At a minimum, a five ft. type III landscaping area shall be required uround tlie fncility, unless t�
community development services director deterrrrines that the facility is adequately screened.
5. New freestanding PWSFs are allowed subject to height limits and collocaGon provisions. PWSFs are allowed on existi�
towers, on private buildings and structures, on publicly used structures not locate3 in public rights-of-w:iy, on existing st�
located in the BPA trail, and on existing structures in appropriate public rights•of-way. Refer to FWRC 19.255,020 for
deVeloDment standards annlicable to allowed twes of PWSFs.
Proceas I, II, III and IV ere described in For other infomiation about perking and parking erea.g, see Qhapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chepter 19.60 FWRC, For details of'whet ntay exceed Ihis height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regardin�required yards, see FWRC t9.125.160 et sey.
Chepter 19.70 FWRC reRpectively.
K:\2009 Code Amuidmn�6\PW SF�PL•umh�g Cwmniss�m\Oct 7 Meet¢ig PackeNCCF 19-234140 PW SF.duc
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19.235.100 Personal wireless service facility.
The following uses shall be permitted in thc office
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Proces,g I, II, III and I V ere described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chepter l9.�0 FWRC rexpectively.
3. Maximum flllowed height for a new freestanding PWSF shxll be the minimum necessary to provide the service up to 100 1�., plu,
any height granted under FWRC 19.I IO,U60. A PWSF shall be allowed up to 120 ft. if there xre two or more providers, except th.�t �i
lattice tower of Uetween 120 ft. to 150 ft, will be allowed under a combined npplication of tour or more providers.
4, All PWSF shall be landscaped xnd screened in accordxnce with Chapter 19.125 FWRC :ind tUe proviyions of qie PWSP
development regulxtions. At a minimum, n five ft. type III landscflping are1 shall be required t�round Qie li�cility, unless tlie commm�i ty
development setvices director detettnines thxt the tacility is xdequately screened.
5. New freestxndittg PWSFs are allowed subject to height limits and collocaition provisions. PWSFs ure :dloweS on cxi,ting tuwers, �>n
private Uuildings and structures, on publidy used structures not located in public nghts-ot=way, on existing stnicture, lurxted in the
BPA truil, xnd on existing structures in appropriate public rights-o2=weiy. ReYer to FWRC 19.?55.020 for develo'�t �}�:irds
tipplicable to allowed types ofPWSFs.
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USE ZONE CHART
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SPECIAL REGULATIONS AND NOTES
Not N/A i. For �sites�l+e
allowed setbacks see FWRC 19.255.020(�1(U).
on a 2. Subject to meeting all applicable development standxrds, the review process used shall be process I, except for the tollowing
PWSF
a. Process �I�F j„� for the following proposals:
(1) The PWSF is located within 300 ft ofa residential zon
e
(2) The PWSF is located on a structure that is a residenee or school or contains a residence or school,
�L..� 1 al ..L_..., �L_
(3) The PWSF is ei new freestanding PWSF
b. Process �I if the PWSF is n lattice tower accommodating four or more providers.
K:\2009 Code AmencUnents\PW3F1PIa�mnig Cummission\Oct 7 Meetnig Pecket\OP 19-235•100 PWSF.doc
For uther infocruation about parking azid parking ereas, see Chapter 19.130 FWRC.
For Aetriits ofwhat may exceed this heigtit limit, see FWRC 19.110.050 et sey.
For detrvls regerding required yaida, see FWRC 19.125.160 et seq.
4 LI.7
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19.240.140 Personal wireless service facilities.
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19.255.020
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allowed
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See note 3
to the reeula6ons and
USE ZONE CHART
ZONE
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SPECIAL REGULATIONS AND NOTES
setUticks see FWRC
19.255.020(51(bl.
2. Subject to mee$ng xll applicable development standards, the review process sheill Ue Process I, except for the following
proposals:
a. Process II for the following proposals:
(1) The PWSF is located within 300 feet ofa residential zon
(2) The PWSF is located ona structure that is a residence or school or contains fl tesidence or scltool,
1_.,, aL.... f C A_L aL
(3) The PWSF is a new freestanding PWSF; except as provided in note (2)(c).
b. Process if the PWSF is a lxttice tower accommodaGng four or more providers, or the PWSF is a new freestxndine
PWSF
sf�teE�e;-er
3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft„
plus any height granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more provider,;
except that a latdce tower ofbetween 120 R. to 15U ft. will be ollowed under a comUined �pplic�tion of four or more
ptoviders.
4. All PWSFs sha11 be landscaped and screened in accordance with Chapter 19.125 FWRC and the provisions of die YWSF
development regulations. At a minimum, a Yive tl. Type III landscape area shall be required around the tacility, unle„ tlie
community development services director determines that the facility is adequately ecreened.
5. New freestxnding PWSFs are allowed suUject to height limits and collocation provisions. PWSFs are aliowed on existing
towers, on private buil3ings and structures, on publicly used struetums not located in public rights-ot=way, on existing
structures located in the BPA trail, and on existing structures in appropriate public rights-ot=way. Refer to FW RC 19.255.0
for development standards applie�ble to :illowed types of PWSFs.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chanter 19.70 FWRC resuective(v.
For other intiotmation about parking and parking areas, see Chupter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.U50 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
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CITY OF FEDERAL WAY
PLANNING COMMISSION
October 7, 2009
City Hall
7:00 p.m Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, and Tim O'Neil.
Commissioners a�sent: Tom Medhurst (excused) and Wayne Carison (excused). Staff present: Senior
Planner Margaret Clark, Associate Planner David Lee, 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 September i 6, 2009, were approved as written.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Conlen announced that Lawson Bronson was reappointed to a four year term last night by the city council.
We will hold elections far Planning Commission officers the first meeting in November. We will meet
November 4`
COMMISSION BUSINESS
PusLic I-IEA1tnv� Code Amendments to Personal Wireless Service Facilities (PWSF�
Mr. Lee delivered the staff presentation. The proposed amendments are intended to reduce redundant
language, remove sub-prioritization of location preferences, remove submittal requirements for
electromagneric field (EMF) impiementation reports, and remove the 10 year expiration period Zoning charts
are also proposed to be modified to change the minimum review process from a Process III to a Process II.
One concern was expressed by a HAM radio operatar and staff inet with him to discuss his concerns. He did
not make a formal comrnent. One formal comment was made by RealComm Associates. Staff met with
representarives of RealComm Associates and as a result, incorporated some of their concerns/suggestions
into Exhibit A, Second Version Staff requests the Commissioners base their questions, comments, and any
decision on Exhibit A, Second Version. Staffprovided copies of Exhbit A, Second Version and the email
from RealComm Associates stating their acceptance of Exhibit A, Second Version
There was no public comment.
Commissioner Bronson asked if the PWSF regulations apply to HAM radio operators. Mr. Lee replied that it
does not apply to them HAM radio operators are regulated by the FCC.
Commissioner O'Neil asked for clarification on what are the sub-prioritizations of locations. Mr. Lee
explained that under the current code there are five levels of site prioritization for where a PWSF inay be
located Those levels are: structures located in the BPA trail; existing broadcast, relay, and t�ransmission
towers; publicly used structures; appropriate business, commercial, and city center zoned sites; appropriate
x:�Plannng commissioa�2oov�Meetmg swnmazy lao7-o9.a�c 9$
Planning Commi�sion Nlinutes Page 2 October 7, 2009
public rights-of-tivay; and alternative location as approved by the Director of Community Development. Of
those levels, hL�o have sub-priorities: appropriate business, commercial, and city center zoned sites; and
appropriate public nghts-of way. For example, under the appropriate public rights-of-�vay, the sub-
prioritization is a preferred order of street classifications (first principal arterial, then minor arterial, then
principal coliector). Staff has conctuded that the five main prioritized locations serve as adequate measures to
ensure that PWSFs are located appropriately.
Commissioner O'Neil asked how many PWSF applications has the city received. Mr. Lee replied that since
incorporation, the city has received 48 applications. Of those, 45 have been erected and 3 were approved, but
the applicants did not build them. Commissioner O'Neil asked if the proposed amendments were modeled
after other ciry's regutations. Ms. Clark responded that when the regulations were first developed in 1997, the
consultant did research regulations from other cities. Staff felt that since the currentproposed amendments
mainly streamline and simplify the process, it was not necessary to research regulations from other cities.
Commissioner Long asked if the city has regulations specifying how many antennas may be placed on a site.
Mr. Lee replied that the city leaves that to the applicant to decide. Commissioner Long stated that the current
code requires that within six months the applicant shall submit a project implementation report that provides
cumulative field measurements of radio frequency (EMF) power densities of all antennas on their site. How
many applicants have submitted this report? He is concerned because of studies done in Europe that show
higher ievels of cancer in areas near cell towers_ Mr. Lee replied that few reports have been submitted. Any
applicant must first obtain approval from the FCC to site a tower. The city cannot deny an applicant as long
as they meet normal standards. In regards to Commissioner Long's concern about cancer, staff researched the
issue and has found that a person must be standing directly in front of an antenna to be effected. The research
also stated that antennas are generally located higher then where people are likely to be and are directed away
from taller buildings Staff has included a Brief Technical Sununary on PWSFs with the staff report to address
safety concerns related to EMFs and radio frequencies.
Commissioner Long asked if the city has design standards for cell towers. Mr. Lee replied that the city
requests the applicant to design the tower to blend into the existing environment as much as possi�ble. The
city wants to achieve aesthetic hannony with the existing environment.
Chair Pfeifer commented that it would have been helpful to have pictures of cell towers. He asked where
setbacks are addressed Mr. Lee replied they are addressed in 19.255.020(5)(b), top of page 7, of Exlubit A
Second Version.
Commissioner Bronson moved (and it was secondec� to forward the proposed amendments (Exhibit A,
Second Version) to the City Council for approval. The motion carried unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
None
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 7:30 p.m.
PA�E_�..0�..�._
K:\Plarmv�g Commissi n�2009�Meetu�g Summary 10.0�-09.doc g 9
ORDINANCE 1�10. �A�����:�
AN ORDINANCE of the City of Federal Way, Washington, relating to Personal
Wireless Service Facilities: amending FWRC 19.255.010, 19.255.020, 19.255.040,
19.255.050, 19.255.080, and 19.255.100; repealing FWRC 19.255.070, and 19.255.090;
amending FWRC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120,
19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repealing FWRC 19.245.010
(Amending Ordinance Nos. 97-300, 00-363, 01-399, 06-515; 07-559, and 08-585).
WHEREAS, the City recognizes the need to periodically modify Title I9 of the Federal Way Revised
Code (FWRC), "Zoning and Development Code," in order to conform to state and federa! (aw, codify
administrative practices, clarify and update zoning regulations as deemed necessary, and improve the
efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Titie
19 FWRC has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC;
and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC
which establishes development regutations for Personal Wireless Service Facilities (PWSF) within the
City of Federal Way; and
WHEREAS, the existing PWSF ordinance has been found to be inefficient; and
WHEREAS, the existing PWSF ordinance does not meet the needs of current technology; and
WHEREAS, the existing PWSF ordinance does not support strong visual aesthetic values; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS),was properly issued for the
Proposal on September 12, 2009, and no comments or appeals were received and the DNS was finalized
on October 12, 2009; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these
code amendments on October 7, 2009, and forwarded a recommendation of approval to the City Council;
and
Ordinance No.
Page 1 of 25
100
I� ,`a�,�,
`�4�i
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on October 19, 2009, and recommended adoption of the text amendments as
recommended by the Planning Couimission;
NOW, THEREFORE, THE CTTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the ciry and will benefit the
city as a whole by providing the opportuniry for a stronger communications network within the city and
aesthetically pleasing PWSFs.
(b) These code amendments are consistent with the intent and purpose of Title 19 FWRC and
will implement and are consistent with the applicabie provisions of the Federal Way Comprehensive Plan
{c) These code amendments bear a substantial reiationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(d) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon
the recitals and the findings seY forth in Section l, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the praposed
amendments:
(a) The proposed amendments are consistent with, and substantially implement, the following
Federal Way Comprehensive Plan goals and policies:
LUGl In�rove the appearance and function of the built environment.
LUPI Use residential design performance standards to maintain neighborhood character
and ensure corr�ahbility with surrounding uses.
LUG2 Develop an efficient and timely development review process based on public/private
partnerships.
Ordinance No.
Page 2 of 25
101
s
LUP4 Maximize ef�ciency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine ho�v to improve
upon the permit review process.
PUG1 Work with private utiiity companies to allow them to provide full and rimely service
that meets the needs of the City's residents and businesses both present and future.
PUG2 Work with private utility companies to allow them to provide service in a way that
balances cost-effectiveness with environmental protection, aestheric impact, public safety,
and public health_
PUG3 Process permits for private utility facilities in an efficient and timely manner, in
accordance with franchise agreements, development regulations, the FWCP, and adopted
codes.
(b) The proposed amendments bear a substanrial relationship to the public health, safety, and
welfare because they provide for a more streamlined permit processing, which in turn ultimately
translates into a more reliable communications network. Additionally, the amendments afford the city
more flexbility to offer a communications solution following a disaster or accident.
(c) The proposed amendments are in the best interest of the public and the residents of the City
of Federal Way because they would provide the opportunity for a stronger communications network
within the ciry and aesthetically pleasing PWSFs.
Section 3. FWRC 19.255.010 is hereby amended to read as follows:
19.255.010 Personal wireless service facilities (PWSF).
(1) Purpose. This section addresses the issues of locarion and appearance associated with
personal wireless service facilities. It provides adequate siting opportuniries through a wide range of
locarions and options which minimize safety hazards and visual impacts sometimes associated with
wireless communications technology.
(2) Definitions. Any words, terms or phrases used in this section which are not otherwise defined
shall have the meanings set forth in Chapter 19.05 FWRC.
(3) Exemptions. The following antennas and faciliries are exempt from the provisions of this
section and shall be permitted in alt zones consistent with applicable development standards as
outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations:
Ordinance No.
Page 3 of 25
i02
S
�.L._.��°_.�.
(a) Wireless conununication facilities used by federal, state, or local public agencies for
temporary emergency corrununications in the event of a disaster, emergency preparedness, and public
health or safety purposes.
(b) Industrial processing equipment and scientitic or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC
19.110.050, Compliance generaily, 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 comply with ail applicable provisions of FWRC 19. I 10A�0,
Cornpliance generally, 19. l 10_060, Exceptions, and 19. t 10.070, 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 far the purpose of coliecting utility meter data
for use in the sale of utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a vaiid 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 impacts of the antenna, tower,
or buildings; provided, that compliance with the standards of this title is maintained
��c�uipment cabinet additions or u�grades within existin� equipment enclosures or
buildings so lon�,_as there is no material area expansion of the equipment enclosure or buildin�, or
change to the a�proved architectural design of the existing equipment enclosure or buildm�.
(4) Prioritized locations. The following sites shall be the required order of locarions for proposed
PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the
applicant shall analyze Yhe 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
locarion and/or zone is not being proposed In order of preference, the priorirized locarions for PWSFs
are as follows:
(a) Structures located in the BPA trail. A PWSF inay be located on any exisring support
structure cw located in the easement upon which are located U.S. Department of Energyf
Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning.
(b) Existing broadcust, relay and trunsmission towers. A PWSF inay 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 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) D••'�� Institutional structures. If the city insriturional uses or other public a�encv
consents to such location, a PWSF inay be located on existing structures �-a1�
-':�M:�+� such as water towers, utiliry structures, fire stations, bridges, churches. schools and
--o
other public buildings within all zoning districts, provided the public facilities are not located within
public rights-of-way.
{d) Appropriate zoning districts. A PWSF
may be located on private buildings or structures within
�-��;r�- a;r�^���, non-residential zoningdistricts as allowed by the zonin� chart.
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Ordinance No.
Page 4 of 25
103
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(e) Appropriute public rights-of-wuy. Eor the purposes of this section, appropriate public
rights-of-way shall be de�ned as including those public rights-of-way with functional stc�eet
classifications of principal arterial, minor arterial, and principal collector. A PWSF inay be located on
existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs
shall be separated by at least 330 linear feet.
e� Location of a PWSF on an existing structure in an appropriate public right-of-way
shall require a right-of-way permit in addition to the required use process approvai_
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[f the PWSF is proposed to be located in an appropriate pubiic right-of-way and the
surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive
use and/or zoning shall be the preferred location.
If the PWSF is proposed to be located in an appropriate pubiic 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.
fl If the applicant demonstrates to the city's satisfaction that it is not technically posstble to
site in a prioritized location, the ciry reserves the right to approve alternarive site locations if a denial
would be in violation of the 1996 Teiecommunications Act, as determined by the city.
(Ord. No. 08-585, 3(Exh. A), 11-4-08; Ord. No_ 01-399, 3, 8-7-Oi; Ord No. 00-363, t4, 1-4-00; Ord.
No. 97-300, 3, 9-16-97: Code 2001 22-966.)
Section 4. FWRC 19.255.020 is hereby amended to read as follows:
19.255.020 DeveloQment 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 existin�
buildings or structures in or out o�the public right-of-wuY. PWSFs mounted on existing buildings and
siructures ��+'����°a ri�'�+ shall conform to the following development standards:
(a) The PWSF shall consist only of the following types of faciliries:
{i) A microcell or 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 minor facility, as deternuned by
the director of comrnunity development services, subject to meeting 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 shali meet all requirements of subsection
of this section; and
{C) The maximum size of the PWSF panels and number of antennas shall be
deternuned by the director of community development services, based on the specific project
location, surrounding environment, and potential visual impacts; and
(D) The PWSF shall comply with all other applicable 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 or other structure regardless of whether the existing structure is in
Ordinance No.
Page 5 of 25
104
P���
confonnance �vith the existing n�aximum 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, as identified in 19.110.070, provided they do not extend beyond i� feet above the �ee€
�e�e� maximum hei�ht of the structure as definedper FWRC t9.05.080 H definitions.
�c) For PWSF's located in the ri�ht-af-way the combined antennas mav extend up to the
minimum necessarYhe�ht to meet safety clearances required bv the operator of the exishn� structure,
but not exceed l� feet above the existin L structure plus the heiQht of the vroaosed antennas as
�ecified in subsection�l)(e) of this section The maximum allowable heieht of the new structure
with the PWSF antennas shall be determined b y the director of communitv development services,
dependin$ u�on the antenna e desiQn location on the structure and the pionosed method of
attachment An existin� structure can be increased in hei�ht onl�nce per a 12-month penod. Anv
structure whether a ne�v or re�lacement structure located in a public ri�ht-of-wav must be similar in
terms of size (except height) sh�e color ma.terial and location to the existin� and surroundin�
structures as determined by the director of community development services. The antenna extension
ma�be permitted re�ardless of whether the existin� structure is in conformance with the maximum
height of the underlyina zone as outlined in the use zone charts FWRC Title I z� Drv�sion VI, Zomn�
Regulations.
{c� �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 shali,
to the greatest extent practical, blend into the existing environment pursuant to subsection ��3,� of
this section. Panel and paraboiic antennas shaii be screened from residential views and public.rights-
of-way unless meeting the provision of FWRC 19. i 10.070(2)(b).
(e) It is the a�Ulicant's responsibitity toprove that the maximum size ofthe PWSF panels and
number of antennas is the minimum size necessa The maximum size of antennas to be located on
exisrin� structures in �ublic right of-way shall be two feet in diameter for parabolic antenna.s, ei�ht
feet in hei h�for �anel antennas and i 5 feet in height for whiu antennas.
f 4 41. .7 f a...-.�..-
'..--....'--a
�tt�--�D���R *l. ,7 �L. 4:,,.;1'r-� �1, l, l,a F 1. F ,�;.c---.�
im �,o
f
f
,.;t;�.,. r�
r��,�n�c�x�t-si�e—e���--g�lV�,- a �.o.. �f_....�o.,...,� ..�...n �.a
Ordinance No.
Page 6 of 25
105
PA�����_3 S
�H-n#��-tt�2--�ett�-c�uciTi`�V-�c(' �r n n• ZcL,.,,:.. n o t;,.��
rk�
�T"
Required setbacks shall not pertain to PWSFs within public rights-of-way eF
Within
residential 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 developed 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.
Netiv freestanding PWSFs. All requirements of the associated land use zonin� charts must
be met. Additionally, �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) Monopoles shall be the oniy freestanding structures allowed in the city; except that a
lattice tower may be used to accommodate the collocarion of four or more providers as part of a joint
pernut 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
mascimum advantage of exisring trees, mature vegetation, and structures so as to:
(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 exisring trees and mature
vegetation to more effecrively screen the facility.
(g) Support structures, antennas, and any associated hardware shall be camouflaged to blend
in harmoniously within the existing site through the use of fau�c-structural desi�ns or when not
technologicailv or aestheticall�feasible, painted in a non-reflective e�e�e� color scheme appropnate
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 communiry development �ee-�eF services.
�j Screening standards for ull PWSFs. PWSFs shall be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be
acco�lished by use of comparible materials, location, landscaping, color, stealth techniques such as,
Ordinance No.
Page 7 of 25
106
s
RA���._���
but not limited to, artiticial trees and hollo�v tlag poles, and/or other methods or techniques to achieve
minimum visibility of the facility as viewed from public streets or residential properties. In addition,
the provisions for landscaping as outlined in the use zone charts, FWRC Title l9, Division VI,
Zoning Regulations, shall apply.
Stanclarcls for electronic� cabinets.
(a)
e E Electronic cabinets
shali either:
(-i� G�..;�- '�Be placed in a new or existing compietely
enclosed building It is the a�plicant's responsibility to prove that the maximum size of the buildin� is
the minimum size necessarv to house the equipment, or;
ii Be placed above ground in a new Ee�e�
e or existing ec�uipment enclosure It is the ap�licant's rest�onsibility to prove that the
mascimum size of the enclosure is the minimum size necessarv to house the equipment.
(b) �eveg�et�� Equipment enclosures shall be screened with one or a combinarion of the
following methods, which shall be acceptable to the city: fencing, walls, landscaping structures,
buildings or topography 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, parsuant to FWRC 19.12�.090(2) a°�°��~°a'���
4 F 4ti. 0..4 0..�.�....�-u nl.n�� l.0 7n f oF f r�...s�4� J a'�1v� .�ra re s-
If the equipmenY cabinet is located within a new ee�e�e�� enclosed building, the
buiiding shall conform to all applicable development standards and design guidelines for the
underlying zone_ The ee�el� enclosed building shall be architecturally designed and sha.11 be
compatible with existing buildings on the site. The �e�e� enclosed building shall be screened to
the greatest extent possible from any street and/or adjacent .properties by landscaping and/or
topography.
�9!�� Sstandards for equipment enclosures: Dr,rrr� ,..,,a
Ordinance No.
Page 8 of 25
107
s
P���.�����..
fl t a
Electronic equinment enclosures shall not be allowed within the ri�ht-of-wav.
In residential zones, equipment enclosures located above ground on properties
adjacent to the public right-of-way shail meet all applicable setback requirements for residentiai
development of the underlying zone. For developed sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be those of the principal use of the subject properry.
For undeveloped sites in nonresidenrial zones, the setback requirements for the equipment enclosure
shall 6e 20 feet for front, side, and rear yards. However for undeveloped sites in nonresidential zones
if the a�plicant can demonstrate that the e,�uipment enclosure can blend in harmoniouslv_with the
existingsite and com�lement the landsc�e buffer req uirements of the underlvme zone, as d eternuned
a bx the director of community development services the equivment enclosure can be
located inside of the 20 foot setback but outside of the required landscapin� buffer of the underlvin�
zone.
Equipment enclosures shall be designed, located,
visual impacts from the public right-of-way and adjacent properties
Equipment enclosures shall be designed, located,
visual and funcrional impacts on the pedestrian environment.
Equipment enclosures and screening shall not
and screened to minimize adverse
and screened to minimize adverse
adversely impact vehicular sight
distance.
Security fencing.
(a) No fence shali 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 shali be painted or coated with a nonreflecrive color.
Cumulative effects. The city shall consider the cumulative visual effects of PWSFs
mounted on exisring 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.
Signage. No wireless equipment shall be used for the purpose of mounring signs or
message displays of any kind, except for small signs used for identification, hazard warnin�, and
name of provider.
(�A� Use zone charts, height and permit process.
Ordinance No.
Page 9 of 25
108
P������_3�-
(a) The final approval authority for applications made under this section shall be de�ned by
the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division V[,
Zoning Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, FWRC Title l9, Division VI, Zoning Regulations.
(Ord. No. 08-585, 3(Exh. 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 22-967.)
Section 5 FWRC 19.255.040 is hereby amended to read as follows:
i9.255.040 Temporary personal wireless service facilities.
As determined by the director of community development services, a temporary personal wireless
service facility, or cell-on-wheels, �y 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 te�orary personal wireless
service facility or cell-on-wheels creates no more adverse i�acts than the PWSF which was
approved through the appropriate permit process. Only one temporary personal wireless service
facility or cell-on-wheels shall be permitted for a single site.
(2) For a period of 38-��s rime deternuned to be a�.propriate b�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 permit process to
become involuntarily non-operarional; 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 temporary PWSF, the applicant shalt provide the city with a cash
bond in an amount to be determined by the director of community development services in order to
guarantee perfornjance of future removal and restoration of the site.
(Ord. No. 08-585, 3(Each. A), 11-4-08; Ord No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-969.)
Section 6 FWRC 19.255.OSD is hereby amended to read as follows:
19.255.050 Application requirements.
t) Except for tex�orary personal wireless facilities, �ermit applications made under this secrion
shall include the following minimum informarion in addition to that required for the underlying
pernut review process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Photosimulations of the proposed facility from affected properties and public rights-of-
way at varying distances. These photo simulations should include examples of camouflase and st_ealth
installation options.
(c) Architectural elevations of proposed facility and site.
(d) A coverage chart of the proposed PWSF at the requested height and an explanation of the
need for that faciliry at that height and in that location.
ai ��.e;..,,....,...MOa
sr r
(e) An inventory of other PWSF sites operated by the applicant or other providers within a
one-mile radius of the proposed PWSF locatio
Ordinance No.
Page 10 of 25
109
RA��.�L����
(fl A site/landscaping plan showing the specific placement of the PWSF on the site; sho�ving
the location of existing shuctures, 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,
an explanation of why it is impracticable to locate the cabinet underground
�h,2 Documentarion of efforts to coilocate on existing faciliries.
The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
ix�lement this chapter and to require that such information, studies, mapping, materials, inspections,
and reviews be reviewed by a quali�ed professional under contract to the city, also at the applicant's
expense.
(2) Permit applicarions for temporary personal wireless service faciliries shall include the
following minimum informa tion:
(a) Documentation of previously permitted faciliry.
(b) Site plan showing proposed location of temporary facility in relationship to the locarion 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(E�ch. A), i 1-4-08; Ord. No. O1-399, 3, 8-7-01; Ord. No. 00-363, 14, i-4-00; Ord. No.
97-300, 3, 9-16-97. Code 2001 22-970.)
Section 7. FWRC 19.255.080 is hereby amended to read as foilows:
°.'�w 19Z55.070 Removal of facility.
(1) Abandonment and removul. The owner or operator of a PWSF shall provide the city with a
copy of the norice of intent to cease operations required by the FCC at the rime it is submitted to the
FCC. Additionally, the owner or operator of a PWSF shall notify the ciry 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 pernut is revoked, or if the facility falls into disrepair and is not maintained, as
determined by the city. Disrepair includes structural features, paint, landscaping, or general tack of
ma.intenance which could result in adverse safety or visual impacts. If there are two or more users of a
single tower, then the city's right to remove the tower shall not become effective until all users
abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no
longer in use, the PWSF shall be considered parrially abandoned The owner or operator of any
partially abandoned PWSF shall norify the ciry 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 parrial abandonme�t to collocate another service on the PWSF. If
another service provider is not added to the PWSF within the allowed 120-day collocarion 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
Ordinance No.
Page 11 of 25
F��i]
��d����
PA�� t 2 L5
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 i.1�.010.
(Ord. No. 08-585, 3(Exh. A), l 1-4-08; Ord. No. 00-363, 14, 1-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-973.)
Section 8 FWRC 19.255.100 is hereby amended to read as follows:
1 19.255.80 Revocation of permit.
A permit issued under this chapter ma.y be revoked, suspended or denied for any one or more of
the following reasons:
(1) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions itt�osed by the city on the issuance of
a permit;
(3) When the pernut was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other PWSF providers in coilocarion efforts as required by this
chapter;
(5) Faiiure to comply with federal standards for 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
deternune if the permit shall be revoked as it used to grant the pernut.
(Ord. No. 08-585, 3(E�i. A), 1 t-4-08; Ord. No. 00-363, 14, i-4-00; Ord. No. 97-300, 3, 9-16-97. Code
2001 22-975.)
Section 9 FWRC 19.255.070 is hereby repealed as follows:
Section 10 FWRC 19.255.090 is hereby repealed as follows:
Ordinance No.
Page 12 of 25
lli
s
1
Ordinance No.
Page 13 of 25
i12
Section 11. FWRC 19.195.190 is hereby amended to read as follows:
19.195.190 Personal wireless service facility.
The followin uses shall be ermitted in the suburban estate (SE zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHA.RT
DIRECTIONS: FIRST, read down to tind use THEN, xcross tor RECiULATIONS
Minimums
Re uired Yards
ZONE
z
SE
usE
3 SPECIAL REGULATIONS AND NOTES
a,'; m
u c4 w x a v� a
Personal Fee�ete See See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note i note note note FWRC note allowe
service Process 1 1 1 19.255.02 3�2 d on a
facility II 0 for PWSF
(PWSF) maxi.
mum
See note 4 heighls
3 for for
allowed allowed
types of types of
PWSFs PWSFs
See-nete tke�strtae�e; er
3. 2 All PWSFs shall be landscaped and screened in twcordunce with Chflpter 19.125 FWRC and the provisions of the PWSF�
development regulaGons. At a minimum, a five ft. type III landscuping area shall be required around the tiicility, unless the
community development services director deternunes that the faoility is adeyuately screened.
3 New freestanding PWSFs are not allowed. PWSFs shall be allowed only on existing towers, on puUlicly used stnictuns
not located in public rights-of-wfly, on exisdng structures located in the BPA trail, and on existing structures in approprixte �s
public rights-ot=way. ReYer to FWRC 19.255.020 for development stnndxrds applicaible to allowed types ofPWSFs. �`""�p
Process I, II, III and IV xre 3escribed in For other information about parking xnd pxrking nreas, see Chxpter l9.130 FWRC.
Chapter 19.55 FWRC,
r-�
w
snnr
Chxpter 19.60 FWRC, For details uf what may exceed tliis height limit, see FWRC 19.110.050 et sey.
Chapter 19.65 FWRC, For 3etxils regarding required yards, see FWRC 19.125.160 et seq. .s
Ordinance No.
P�ge 14 of �5
Section 12. FWRC 19.200.190 is hereby amended to read as follows:
19.200.190 Personal wireless service facility.
The followin uses shall be ermitted in the si le-famil residential RS) zone sub'ect to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, xcross for ItEGULATIONS
Minimums
Re uired Yards
ZONE
z
q RS
Use o 0.
3 N Q SPECIAL REGULATIONS AND NOTES
�j WW a d A a
n c4 x ..`�.a v^�, ce, a
Personxl �ae-nete See See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note allowed 'ew-prc�eess-asecl�ai�F-be-�rrfe�lew�
service Process 1 1 I 19.255.02 3 on x
facility II 0 for PWSF
(PWSF) maxi-
mum
See note 4 heights
3 for for
allowed allowed
types of types of
PWSFs PW3Fs
See-nete
3: All PWSFs shall Ue lundscaped and screened in accorc�ince with Cl�apter 1).125 PWRC and thr provisions of tlie
PWSF development regulations. At a minimum, n five ft. type !II lxndxlping area sha�ll Ue required tiround tlie tkcility,
unless the communiry development services director detem�ines thr�t the ti�cility is aSequritely screened.
4. 3. New freestanding PWSFs are not allowed. PWSFs shxll be allowed only on existing towers, on puUlicly used structures
not located in public rights-ot=way, on exisling struc[ures located in the BPA trail, and on existing suuctures in appropriate
public rights-ot=way. Refer to FWRC 19.255.020or development st:ardnrds applicable to allowed types �f' PWSFs.
Process I, II, III and IV are described in For other intormxUon �bout parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.SS FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regar3ing required yards, see FWRC 19.125.160 et seq.
7
Ordinance Na
Page IS oY'25
xmar
t�
�r
Section 13. FWRC 19.205.200 is hereby amended to read as follows:
19.205.200 Personal wireless service facility.
The following uses shall be nermitted in the
residential (RMl zone subiect to the reQUlations and notes set forth in this section;
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind use THEN, across for REGULATIONS
z
0
d
N
Use
o
ro
�3
ti
7
Jl a
Personal
service
facility
(PWSF)
N See note 4
U' 3 for
allowed
types of
m
s
See-neEe See
note 1
Proce s
Mihimums
Re uired Yxrds
A
C y
w ti
See See See
note note note
1 1 I
�x
00
ReYer [o
FWRC
19.255.02
0 for
maxi-
mum
heights
for
allowed
types of
PWSFs
a
b
.a
ZONE
RM
b
N
F7
�n a
See Not
note 3 allowe
dona
PWSF
SPECIAL REGULATIONS AND NOTES
N/A 1. Not applicable. PWSFs allowed on existing structures only.
v-
3. 2 All PWSFs shall be landscaped a�nd screened in nccordxnce with Chapter 19.125 FWRC and the provisions of die YWSP
development regulations. At a minimum, u five ft. type III landscaping areu shflll be reyuired around the tacility, unless thc
communiry development services direrto� deternrines that the facility is �deyuately screened.
4� New freestxnding PWSF� are not flllowed. PWSFs sliall be tillowed only on existing towers, on publicly used structure�t
located in public rights-ot=wxy, on existing structures located in the BPA triil, and on existing structures in xppropnate pub
rights-ot=way. ReYerto FWRC 19.255.020 for development stan�nis applic:ible to allowed types of PWSFs. r
Process I, II, III xnd 1V are described in
22-351 22-356,
22•361 22-370
22•3R6 22-411,
22-431 22-460. resnecdvelv.
For other infont�tion nbout pxrking un3 parking nreas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required ytuds, see FWRC 19.125.160 et sey.
Ordinance No. Page lfi of 25
ection 14. FWRC 19.210.050 is hereby amended to read as follows:
19.210.050 Personal wireless service facility.
The followin uses shall be ermitted in tne rofessional office PO) zone sub'ect to the re ulations and notes set forth in this section:
USE ZQNE CHART
DIRECTIONS: FIRST, read down to find use THEN across for ItEGULATIONS
Minimums
Re uired Yards
ZONE
z
y PO
use o e n
A a'
'O J A A 'CI V]
V y K' SPECIAL REGULATIONS AND NOTES
c> d �e a Q a?;
on
�j a c� cL u�, x (n" rx a
Person:il See-neEe See See See See Refer to See Not N/A 1. Not applicable. PWSFs allowed on existing structures only.
wireless note 1 note note note FWRC note ullowe
service Process 1 1 1 19.255.02 3 d on a
facility II 0 for 2 PWSF
maxi•
See note 4 mum Hte-sE�eeNtre; er
3 for heights
allowed for
types of aliowed
PWSFs types of
PWSFs
See-ndle
s�
3- All PWSFs shall be landscaped and screened in accordxnce with Chapter 19.125 FWRC and the provisions of the
PWSF development regulations. At n minimum, x five ft. type III Ixndseflping arex shall be reyuired nround the tacility,
unless the community development services director detetmines that the facility is adequately sereened.
ie 3 New freestanding PWSFs are not allowed PWSFs yhall be nllowed only on existing towers, on vrivate buildines �ind
structures, on publicly used structures not located in puUlic rights-of•way, on existing structures locnted in the BPA trail,
on existing structures in appropriate public rights•oY=way. Refer to FWRC 19.255.020 Yot development standxrds xpplic�b
to allowed types ofPWSFs.
Process I, II, III and IV are described in For other information about pflrking and parking flreas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details ofwhat may exceed this height limit, see FWRC 19,110.050 et seq.
F
rn
m r rs q
Chnpter 19,65 FWRC, I'or details regarding tequired yards, see FWRC 19.125.16U et seq
C ter 19. 0 W e tive
'°�.i
Ordinance No.
Page 17
oi' 2
Section 15. FWRC 19.215.100 is hereby amended to read as follows:
19.215.100 Personal wireless service facility.
The following uses shall be permitted in the neighborhood business (BN) zone subiect to the
USE ZONE CHART
lown to find use THEN, across for
Minimums
Re uired Yxrds
Use o
N p�
C7 N
C �C
u c� w a c� �n x
Personal �e See See See See Reterto
wireless note 1 note note note FWRC
serviee Process 1 1 1 19.255.02
Yacility I� 0 for
(PW SF) maxi•
mum
f See note 4 heights
'J 3 for for
:illowed allowed
types of types of
PWSFs PWSFs
�ee-xzeEe
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
N
a
c
A b
N y i7
q p q '�J'
a v� a
See Not
note allowe
3 donx
PWSF
notes set forth in this section:
ZONE
BN
SPECIAL REGULATIONS AND NOTES
N/A 1. Not applicable. YWSFs allowed on existing structures only.
3c 2. All PWSFs shall be lxndsexped and screened in accordance with Chapter 19.125 FWRC anJ the provisions of d�e YWSF
development regulations. At a minimum, a tive ft. type III landsc�ping area sh:ill be requireJ xround the ti�cility, unless the
communiry development services director 3eternunes thxt Uie faciliry is adeyuxtely screened.
4a 3. New freestxnding PWSFs are not allowed. PWSFs shtill be allowed only un existing towers, on priv�ite buildines ain
structures. on publicly used structures not locHted in public rights•oY=wxy, on existing structures locxted in the BYA trail,
on existing structures in appropriate public rights•of-way. Reter to FWRC 19.255,�20 Yor development s4in�iards applia
allowed types of PWSFs.
For other inY'ormation about parking and parking areas, see Chapter 19.130 FWRC,
For details of what mxy exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yttrds, see FWRC 19.125.160 et seq,
Ordinance No. Page 18 of'
Section 16. FWRC 19.220.120 is hereby amended to read as follows:
19.220.120 Personal wireless service facility.
The followin uses shall be ernutted in the communit business (BC zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FTRST, read down to tind use THEN, xcross tor REGULA'T1UNS
Minimums
Re uired Yards
V ZONE
O y �l.
USe o E c
3 b
M Q c SPECIAL REGULATIONS AND NOTES
PG Q o v itl on w
jj w v, c� x a in" c� ai
PeTSOttaI See note None See See See Refer to See Not N/A 1. For developed sites, the setback reyuirerrients shall be those ofthe principal use ofthe subject propeily. For undeveluped :ites, the setbacl<
wireless 2 note note note FWRC note allowed reyuirernents f'ornew freestending PWSFs shall be 20 ft. for front, side, and rear ynrds.
service 1 1 1 19.255.02 4 oh a Z. Subject to rneeting all upplirable development standards, the review process ased shall k�e process I, er.cept for tlie f'ollowing pruposela.
facility 0 foi pW 5F a. Procesa flk for the following proposals:
(1) The PWSF is located within 300 ft. of a resiclential zo�i ������ditt��rsErc��tm��1'���+*�y
maXi- or
See ttote S mum (2) Ttie PWSF is lucated on n strudure that is n resideuce br school or contniu: a��csidet�ce or school�rcwidr�l-t}�c-P'dfSf�-i� �css H+mr-I frH
for allowed lieights �a,;� or
p types of for n (3) The PWSF is a new li•eestnuAiug PWSFs; (rtykbc4evr
PWSFs �jjo�ye� b. Procese i�� ifthe PWSF is a lattice tuwer acrortuuodating four or rnore providers
types of
PWSFs
,rr
See note
3
�ree�i�4ed-ttce
3. Maximum ellowed }ieight for a new freesianding PWSF shall be the rt�inimum necessazy to provide ttie service up tu 100 fl., plus uiy hei�t
grarited under FWRC 19110.060. A PWSF shell be alloweA up to 120 ft. if there are two or more providers; except that e lattice tower uf between
120 ft. to 150 ft. will be allowed under a combined application of fwr or more providers.
4, All PWSF shell be lazidscaped and screened in accrordance with Chepter t9.125 FWRC and the provisioi�s ofthc PWSF developrnent
regulations. At a minimum, e five ft. type III landsct�ping atea shall be required eround the facility, wiless the comrnunity development services
director determines Ihet the faciliry is adequately saeened.
5. New freestanding PWSFs a�•e allowed subject to height limits end collocetion provisions. PWSFs �•e allowed on existing towers, ou private
building.g and structurea, on pu6licly used etnictures not located in public rights-of-wey, on existing suuctures located in the BYA traii, �nd on
existing itructures in appropriate public rights•of-way. Refer to FWRC 19.255.020 Por development xtandards applicable to ellowed types oC
PWSFs.
Process I, lI, III xnd IV are described in For otUer information about parking xnd parking areas, see Chapter 19.120 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required y�rds, see FWRC 19.125,160 et seq.
Cha ter 19.�0 FWRC re ectivel t
Ordinance No.
Page 19 of'25
N
ti
4!:�
�.,a
;.t.��
Section 17. FWRC 19.230.140 is hereby amended to read as follows:
19.225.120 Personal wireless service facility.
The followin uses shall be ermitted in the cit center core CGC zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down ta find use THEN, across for REGULATIONS
Minimums
Re uired Yards
ZONE
z
h N CC-C
v
a A
C� o a,
N V y N SPECIAL REGULATIONS AND NOTES
w o. c m a Q.
o �a on
��d w" in cG v"� a"' a
Personal See note None See ttotes 1 and 4 Refer to See Not N/A 1. For �•�m��
Wireless 2 FWRC note allowed setbacl« see FV✓RC I9 255 620(51(bl
service 19.255.02 4 on a 2. Subject to meeting all appticable developrnent standards, the review process used shall be process I, except for the following proposals
facility Ofor PWSF
maxi-
See note 5 mum �-H
allowed heights
es of For (3j a. Process II if�ihe PWSF is e new freestanding PWSFs;
PWSFS allowed b. Process �f jjj ifthe PWSF is a lattice tower accommodating four or more providers.
types of
PWSFs
See note �:e;rrg-QEre�tc,re;-pkw
3
3. Maxittmm allowed height for a new tceestanding PWSP shall be the minimum neceasary to provide the service up to 100 ft., plus any heigtu
grarued under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or ntore providers; except that a lattice tower of'behveen
120 ft. to 50 ft. will be allowed under a mmbined application of four or more providera.
4. All PWSF shall be landsceped end acreened in accordence with ChapteC 19.125 FWRC end the provisions ofthe PWSF development regulations.
At a minimum, a ftve R. type III landscaping eree shall be required eround the facility, unless the community development services direcKOr
determines that the facility is adequately screened.
5. New freestanding PWSFs ere allowed subject ro height limits and collocation provisions. PWSFs are allowed on existing roweis, on private
buildings artd strudurea, on publioly used structures not located in public riyrhts-of•way, on existing structures located in thc BPA trail, and un
existing struMUres in appropriate public rights-of-way. Refer to FWRC 19.255.020 far development stendards appliceble to allowed types ul'YWSt�s,
Process I, II, III and IV ure described in For other infornia6on about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what mxy exceed this height limit, see FWRC 19.110.050 et seq. Q
Chaptet 19.65 FWRC, For detatls regatdmg requ�red ytirds, see FWRC 91.125.160 et seq.
Cha ter 19.70 FWRC re ectivel
Ordinance No.
Yage 20 of 25
N
Section 18. FWRC 19.230.140 is hereby amended to read as follows:
19.230.140 Personal wireless service facility.
The followine i�ses shall be nermitted in the
center frame (CC-Fl zone subiect to the
USE ZONE CHART
DIKECTIONS: FIRST. read down to Yind use
Yards
z
0
iJse Q
n� r
V
d
U
C D
See note Non�
2
A
O 'p
c; v� a
G
h
F
�x a
Personxl
wireless
service
facility
See note 5
�r allowed
f�es of
PWSFs
See notes 1 xnd 4-3 Refer to See
FWRC note
19.255.02 4
0 for
maxi-
mum
heights
for
nllowed
types of
PWSFs
See note
3
�a
pD
N
w
C� ?i
in" a a
Not N/A
allowed
on a
PWSF
lations and notes set forth in this section:
ucross for ItEdULATIONS
ZONE
CC-F
SPECIAL REGULATIONS AND NOTES
L For Aevek
setbac.ics see FWRC 19 255 020(51(bl
2. Subject ro meeting all applicable development etandxrds, the review process used shall be process I, except for [he tbllowing proposnls.
a. Process III for the following proposals.
(3j j]� The PWSF is a new freestanding PWSFs or;
(�Ifthe PWSF is e lattice rower accommodatin� f'our or more provideis.
�r
3. Maximum ellowed height for a new Freeatanding PWSF shall be the minimum necessary to provide the service up to 100 fl., plus any l�eit;f�t
�anted under FWRC 19.110.060. A PW3F shull be allowed up to 120 R. if there are two or rnae provide�s, except that a la�tiar rower uf between
120 ft, to 150 ft. will be ellowed under a rnmbined application of 2'our or more providers.
4. All PWSF shall be landscaped and screened in ecwrdance with Chapter 19.125 FWRC s�nd the provisior�s ofthc PWSF cievclopment regulntions.
At a minimum, a tive ft. type lII landscaping area shall be reyuired tv'ound the facility, unless Ihe comutunity development services director
deterrtiines ttiat ttie t'aciliry is adeyuately screet�ed.
5. New freestanding PWSFs are allowed subject to height limits and collocation provisics�s. PWSFs are allowed on existiug towers, on private
buitdiugs end struMUres, on publicly used structures not located in public rights-ot=way, on existing structuros located in the BPA trail, and on
existing structures in appropriate public rights-of-way. Reter to FWRC 19.255A20 fa developtnent standtuds applicuble to sillowed types ol'PWSFs.
Process I, II, III and IV are descriUed in
Chaptcr 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Ordinance No.
For other inforn�ation flbout parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.OSU et seq.
For details regnrding reyuired yards, see FWRC 19.125.160 et seq.
Page 21 of 25
I°�r'�'
N
/t
N
Section 19. FWRC 19.235.100 is hereby amended to read as follows:
19.235.100 Personal wireless service facility.
The followin uses shall be ernutted in the of�ce ark OP,�-� 4 zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind use THEN, across tor REGULATIONS
Minimums
Re uired Yards
ZONE
z
OP,
Use o c
a
3 y SPECIAL REGULATION5 AND NOTES
j� m 6�i p O �C y y y b y�j A
a x .a w �n x ..a in" aG a
Personal 5ee None See See See Refer to See Not N/A i. For
witeleSS note 2 ri0te riote 110te FWRC 110te a1loWed setbacks see FWRC 19.25i020(5)(bl.
setvice 1 1 1 19.255.02 4 on S 2. Subjed to meeting all applicable development standerds, the review process used shall be process I, except 1'or Ihe followiug prupusals:
faeility 0 for PWSF a Proceas i�F jj for the following proposels:
(1) The PWSF is located within 300 ft. of a residential zon p4m
maxi-
See note 5 mum (2) The PWSF is located on e structure that is a residence ar school or contains a residence a• school, t#rmr�-5
Yor allawed heights
types of foi (3) The PWSF is a new freest��ding PWSF.,
PWSFS allowed b. Proceas ljj ifthe PWSF is e lattice tower acco:runodating four or more provideis
types of
PWSFs
�t,ei��tt�rrror�
See note
ing-+tr�,eECtrt�
3
F-prhv;�ir�i
3. Maximturi allowed height for a new lieestaziding PW3F shall be the minimutu necessary to provide the service up to 100 R, plus any hcigtu
grented under FWRC 19.110.060. A PWSF shell be allowed up to 120 ft. if there are two or rnore provide��; except that a Inttice lower of
between 120 ft. to 150 N. will be allawed under a combined applicatiai of four or more providers.
4. All PWSF shall be landsceped and scroened in eccordance with Chapter 19. l25 FWRC ar�d the provisions of the PWSF developnient
regu(ations. At e minimum, a five ft. type III landsc�aping area shatl be reyuired around the facility, unless the community developrncnt service>.
director deterniines that the facility is edequately screened.
5. New heestariding PWSFs ere allowed subjed to heigtd limits and collocetion provisions. PWSFs are allowed on eusting towers, on private
buildings and structures, on pubticly used structures not located in public rigtits•of-way, on existing struMures located in the BPA trail, and on
existing struMUres in appropriate public rights-ot�way. Refer to FWRC 19255.020 far developrneut standards t�pplicable to allowed types of
PWSFs.
Process I, II, III and IV are described in For other inYbrmation about parking and parking arens, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding reyuired yards, see FWRC 19.125.160 et seq.
Ordinance No.
Page 22 of 25
N
Section 20, FWRC 19.240.140 is hereby amended to read as follows:
19.240.140 Personal wireless service facilities.
The followinQ uses shall be permitted in the commercial
USE
O
d y
a
U
4
W
�a
o� x
N
J Q 57
A
A
w r� �x�
e notes 1 and 4 Refer to
FWRC
19.255.020
for
maximum
heights for
allowed
types of
PWSF's
'C7
a
Personxl wireless I�T INone
service facility '•T�
See note S�foy. See note Z
allowed types of
PWSF's
See note 3
zone subiect to the
and notes set forth in this section:
USE ZONE CHART
lown to find use THEP
across for REQULATIONS
Zone
CE
SPECIAL REGULATIONS AND NOTES
N/A t. For
setbacks see FWRC 19 255.020(51(bl.
2. Subject to meeting all epplicable development standards, the review process shall be Pra,�ess I, except for the following proposals:
a. Process i$ for the following proposals:
(1) The PWSF is located within 300 teet of a residential zon
(2) The PWSF ia located on a strupuce that is n reaidence or school or contains a residence or schoot;
(3) The PWSF is a hew fteextanding PWSF; except as provided in note (2)(c).
b. Procees i�i �j if Ihe PWSF is e lattic�e tower accomrnodating four or niore providers or the PWSF is a new &eestsuiding PWSF
c,im'c�r+n+xmy
C--P�V-�}'
3. Maximum ellowed height for a new freestariding PWSF shalt be the minimurti necesRUry to provide the service up tu t 00 d., plus zu�v height
granted under FWRC 19. l 10.060. A PWSF shall be allowed up to 120 ft. if there ure two or rriore providers; except t}tat a tattice towtr of betweeii
120 8. to 150 ft. will be ullowed under a combined application of four or ruore providers.
4. All PWSFs shall be landscaped and s��reened iu accordance wi[h Chepter 19.125 FWRC and [hc provisions ofthe PWSF developruent re�ul�tions
At a minimurri, a tive d. Type III landscape area shell be required around the facility, unless the cottunuuiry development services director
determines that the facility is adequately screened.
5. New freestanding PWSFs ere allowed subject to height limits and collocation provisions. PWSFs are allowed on exiating toweiw, on private
buildings and shuctures, on publicly used struMUres not lucated in public rights-ot=way, on existing stnictures located in the BPA uail, and ou
eXiating strudures in appropriate public rights-ot=way. Reler to FWRC 19.255.020 for development standt3rds applicable to ellowed types ol'PWSFs.
Process I, II, III and IV are desctibed in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 PWRC respectively.
Ordinance No.
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq
For details reganiing required yards, see FWRC 19.125.160 et seq.
q
Page 23 of 25
Section 21. FWRC 19.245.010 is hereby repealed as follows:
r m� �nrr� ru n n m
,���mrnwrc. cmom ..,...a a,...._ mvcwt c.. ntrn_r rt nmtnwto
�i�AS�iN4439
s�-�e s� s� s� s� t�,� :m,:�:�;:r.f ta,�
«�s �u�
a
€�y e-� �us�
s�-,��
ntc a-ti� tkk6WCg —�,:-PYtleess.,,:...� Sf'-
ncc�
See-M9E8
3
�i
Y
.,��r
i
fienHltte
I]�..__.._ .1, __a .,---�L_a
Ordintince No. Page 24 ui' 25
N
s
s
P����.���
Section 22_ Severabilitv. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion o� this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 23. Corrections. The Ciry Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not iimited to, the conecrion of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 24. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 25. Effective Date. This ordinance shall be effective �ve (5) days after passage and
publicafion as provided by law and be retroactive to all PWSF land use permits issued since the adoption
of Ordinance No. 97-300.
PASSED by the City Council of the City of Federal Way this day of
200
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CTTY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:12009 Code Amendments\PWSFILUTC1Draft Ordinance.doc
Ordinance No.
Page 25 of 25
124
COUNCIL MEETING DATE: November 3, 2009
CITY COUNCIL
AGENDA BILL
ITEM
SUS,/ECT: Pacific Highway South HOV Lanes Phase IV (S. 312�' St to Dash Point Road) Project Supplement to
Lakehaven Utility District Design-Construction [nterlocal Agreement
PO[.[C�' QUEST[01v: Shouid the Council authorize the City Manager to execute the Interlocat Agreement Supplement
between the City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase IV
(S 312`� St to Dash Point Road) Project?
CoMMtT7'EE: Land Use and Transportation Committee
CATEGORY:
Consent
City Councii Business
STAFF REPORT BY: Marwan Salloum
Ordinance
Resotution
Public Works Director
MEETING DATE: October 19, 2009
Public Hearing
Other
DEPT: Public Works
Attachments: i. Memorandum to the Land Use and Transportation Committee dated October !9, 2009.
Options Considered:
i. Authorize the City Manager to execute the Interlocal Agreement Supplement between the City of Federal Way
and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase IV (S. 312�` St to Dash Point
Road) Project.
2. Do not authorize the City Manager to execute the Interlocal Agreement Supplement between the City of
Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase IV (S. 312�' St
to Dash Point Road) Project and provide direction to staff.____
STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to the November 3, 2007 City Council Consent
Agenda for approvaL
CITY MANAGER APPROVAL: DIRECTOR APPROVAL:
Committee Council Committee Councii
COMM[TTEE RECOMMENDATION Forward Option 1 to the November 3, 2007 City Council Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNC[L MOTION: I move to authorize the City Manager to execute the Interlocal Agreement Supplement
between the City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase IV
(S 312�' St to Dash Point Road) Project."
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL AC"['[ON:
APPROVED COUNCIL B[LL
0 DENIED 1sT reading
TABLED/DEFERREDINO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE tl
REV[SEO 02/06/2006 RESOLUT[ON
CITY OF FEDERAL WAY
125
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 19, 2009
TO: Land Use and Transportation Committee
VIA: Brian Wilson, Interim City Manager
FROM• 8rian Roberts, P.E., Street Systems Project Engineer
Marwan Salloum, P.E., Deputy Public Works Director��[,,./
5UBJECT• Pacific Highway South HOT�Lanes Phase Ii� (S. 3l2`" Street to Darsh Point Road) Project—
Supplement to Lakehaven Utility District Design-Co�struction Inter[ocal Agreement
BACKGROUND:
On October 10, 2007 The City and Lakehaven Utility District entered an Interlocai Agreement for the Pacific
Highway South HOV Lanes Phase N project for the preliminary design of wateriine relocations within the
project limits. Th e preliminary design is completed. Now Lakehaven has requested a supplement to the
agreement to include the costs of final design and construction of the needed improvements. The total estimated
cost of the supplemented agreement is $1,361,643.00. Per the terms of the original agreement, Lakehaven will
reimburse the City for the design and construction costs incurred by the Phase IV project.
The text of Supp(ement 1 and the original Interlocai Agreement are attached_
126
SUPPLEMENT NO. 1
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE
PACIFIC HIGHWAY SOUTH HOV LANES PHASE N PROJECT
(SOUTH 312'�" STREET TO DASH POINT ROAD)
The local agency of the City of Federal Way desires to suppleme�t khe agreement entered into with Lakehaven Utility
District executed on October 10, 2007, identified as Agreement No. 07-176. All provisions in the Agreement remain
in effect except as expressly modified by this suppiement.
The changes to the Agreement are described as follows:
I
Exhibit "A" of the Agreement shafl be amended to include those additional services more particutarly described in
Exhibit "A-1" attached hereto and incorporated by this reference.
II
Exhibit "B" is replaced by Exhibit ��B-1", which inciudes ESfIMATED DESIGN COST and ESTIMATED CONSTRUCTION
COSTS for a TOTAL ESTIMATED COST of One Million Three Hundred Sixty One Thousand Six Hundred Forty Three
and 00/100 dollars ($1,361,643.00).
Signed this day of
CITY OF FEDERAL WAY
Brian Wilson, Interim City Manager
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
�1�7�
Caro! McNeilly, CMC, City Clerk
2009.
LAKEHAVEN UTiLITY DISTRICT
Don Perry, General Manager
APPROVED AS TO FORM:
Steven H. Pritchett, General Counsel
K:\CONTRACT�2007\07-176a.doc 12
EXHIBIT A-1
Pacific Highway South HOV Lanes Phase IV
S. 312th Street to Dash Point Road
City of Federal Way
AG06-127
Scope of Work
KPG
October 5, 2009
(For Lakehaven Utility District via lnterlocal Agency Agreement)
Work to be completed under this amendment invoives prepara#ion of plans, specifications,
engineer's estimate, and bid documents for the Pacific Highway South (PHS) HOV Lanes
Phase IV S. 312�' Street to Dash Point Road project. Plans will be prepared in accordance
with Lakehaven Utility District (Lakehaven) design standards as summarized and itemized in the
takehaven's plan review checklist. Con#emplated improvements included under this scope,
subject to review by the City and Lakehaven, and previous review comments provided by
Lakehaven, include the following:
Water
a. Removal and disposal of approximately 860-LF of 12-inch Asbestos Cement (AC) main,
and replacement with 12-inch Ductile Iron (DI) main (STA 2+50 through 11+10, west
side PHS). Relocation wiN be in accordance with the cri#eria outlined beiow in paragraph
"r," at a minimum. Depending on the nature and extent of relocation determined
necessary, especially approaching the valve cluster at the northern limits of this segment
in South 308" Street, work may afso include relocation of the valve cluster and
associated mains.
b. If determined necessary, relocation andJor replacement of approximately 810-LF of 12-
inch DI main (STA 3+00 through 11+10, east side PHS). As requested by l.akehaven,
Consul#ant will review the existing 12-inch DI main location, not the now-abandoned 6-
inch steel main, rela#ive to the final storm drainage design, anticipated
telecommunications and electrical vaults, pothole information provided by Lakehaven,
and standard valve dimensions, in order to eliminate or reduce the extent of relocation
replacemen# where feasible. If confirmed necessary, relocation wiil be in accordance
with the criteria outlined below in paragraph "r," at a minimum.
c. Removal and disposal of approximately 1,315-LF of 12-inch AC main and 35-LF of DI
main including 25 LF of 98-inch steel casing, and replacement with 12-inch Dl main
(STA 11+10 through 24+60, east side PHS). Relocation will be in accordance with the
criteria outlined below in paragraph "r," at a minimum.
d. Removal and disposal of approximately 40-LF of 12-inch AC main, and replacement
and extension with approximately 220-LF of 12-inch DI water main north of South 304�'
Street (STA 24+60 through 26+80, east side PHS). Location of the replacement and
new main will be in accordance with the criteria outlined below in paragraph "r," at a
Lakehaven Utility District KPG
PHS Phase KO t� Lanes Page 1 of 9 October 2009
Scope oJServices AG06-/27
128
EXHIBIT A-1
minimum. If the new water main is not located behind the curb line, add an 8-inch DI
stub main with fire hydrant lateral to back of sidewalk from the terminus of the 12-inch
main segment.
e. Removai and disposal of approximately 210-LF of 12-inch AC main, and replacement
with 12-inch DI main (STA 37+50 through 39+60, east side PHS). Location of the
replacement main will be evaluated relative to the criteria outiined below in paragraph
"r," at a minimum. Revisions to the valve cluster at 39+60, RT, will be evaluated and
may be included with the main replacement.
f. Relocation and replacement of, casing, and/or special wali penetration detail for the
existing 12-inch DI main at the new retaining wa11 (Approximate STA 37+50, east side
PHS). It is assumed that a casing wi11 extend beneath the proposed retaining wall to a
minimum of 5 feet outside the limits of the wall and reinforcement influence zones.
g. If determined necessary, relocation and/or replacement o# approximately 1 10-LF of
12inch DI main on the north side of South 308 Street west of PHS (Approximate
STA 68+25 through 69+35, or as adjusted under paragraph "a" above). As requested by
Lakehaven, Consultant will review the existing 12-inch Dt main relative to the actual
location and pipe material (i.e., pipe is not AC, and alignment is per Valve Detail 99, and
CRD W269), the final storm drainage design, pothole information provided by
Lakehaven, and standard valve dimensions, in order to eliminate or reduce the extent of
relocation replacement where feasible. If confirmed necessary, relocation will be
subject to the criteria outlined below in paragraph "r," at a minimum.
h. Removal and disposal of approximately 100-LF of 12-inch AC main, and replacemen#
with 12-inch DI main on the north side of South 304� Street east and west of PHS
(Approximate STA 89+00 to 89+50, and STA 90+50 to 91+00),
Removal and disposal of approximately 100-LF of 8-inch AC main (Approximate STA
4+45 RT, STA 15+05 RT, STA 16+45 RT, STA 18+60 RT, and STA 20+00 RT, PHS)
and 20-LF of 6-inch AC main (Approximate STA 69+25 LT, north side of South 308�'
Street), and replacement with 8-inch DI main.
Relocation of fire hydrants in 10 locations (new fire hydrant assemblies, exclusive of
hydrants which are to be reused), and addi#ion of fire hydrants in two (2) locations along
the project corridor as determined by Lakehaven in consultation with South King Fire
and Rescue (SKFR). At a minimum, relocations of the fire hydrants identified at
approximate STA 3+60 (to STA 4+35 LT, west side PHS), STA 70+60 �T (to STA 7+90
LT, north side South 308�' Street), and STA 90+60 LT (to STA 90+90 LT, north side
South 304�' Street) need to be reviewed and potentially revised to meet clearance,
access, and SKFR requirements.
k. Relocation and/or modification of water service connections and meters in 20 locations
within the project limits.
I. Removal of one (1) fire se�rice connection and Single Detector Check Valve Vault (and
appurtenances) at approximate STA 6+00 �T (west side of PHS), with salvage to
Lakehaven, and relocation of one (1) fire service line stub to the west right-of-way
Lakehaven Utility District KPG
PHS Phase !V NOV Lanes Page 2 oj9 October 2009
Scope ofServices AG06-127
129
EXHIBIT A-1
margin of PHS at a location to be determined by Lakehaven in consultation with SKFR.
Restoration of one (9 fire service connection.
m. Identification of water valve adjustments to finished grade throughout the project limits.
n. Depending on the nature and extent of main relocations, addition of two, stub 8-inch
DI mains to the east righ#-of-way margin of PHS, with permanent blow-off assemblies_
o. Adjustment, relocation, extension, and/or repfacement of water mains and valves as
confirmed necessary in conjunction with replacement and/or relocation of the mains
identified above, or to accommodate roadway and drainage system improvements.
p. Cor�ection of plans as noted above, and to reflect previous review comments.
q. Provisions for temporary water service.
The location of new or repfacement water mains will consider, at a minimum, the AC
water main locations and utility separations achieved with the City's Phase 1 PHS HOV
Lanes project immediately to the south of the current project, the focation of existing and
the use of DI pipe for the current project, standard valve dimensions, requirements for
maintaining and reconnecting existing services, Lakehaven's ability to accommodate
requests for new or modified service connections relative to the City's pavement repair
mitigation requirements, Lakehaven's utility separation standards, the preference for
maintaining a straight alignment between valves, and the ability to accommodate minor
vertical and horizontal deflections. Consultant is advised that the City and Lakehaven
may consider mitigating conditions for separations less than published minimum
standards. Relocations, if determined necessary due to unavoidable obstructions or
constrain#s, or inability to accommodate a non-standard separation, should be based on
the following potential considerations and options, in order of preference:
i. Main is accessible without disrupting roadway pavement.
ii. Place under sidewalk, with back of sidewaik location preferred_
iii. Use verticai or horizontal deflections to limit reiocation requirements. Maximum main
depth (coverj of five {5)-feet, except at discrete locations on a case-by-case basis.
iv. Six (6) feet from curb face.
Alignment adjustments between valves will be avoided, and limited to the extent
practicaL
The Consultant will provide an preliminary alignment plan for relocated sections of main
for review, comment, and approval by Lakehaven Utility District. The approved
alignment plan will be used as the basis for final faciiity design.
s. The Consultant shaU identify the location for removal and disposal of cxisting abandoned
water main within the right of way corridor. Locations will be based solely on as built
Lakehaven Uti(iry Distrrct �G
PHS Phase fY HOV Lanes Page 3 of 9 October 2009
Scope oJServices AG06-l17
130
EXHIBIT A-1
information provided by Lakehaven. No fieid verification is anticipated. Anticipated
removals occur at the foliowing locations:
i. 6" steel main, STA 3+00 to 11+10 RT, PHS (Ref. CRD W342);
ii. 2" Gl main, STA 2+50 to 11+10 LT, PHS (Ref. CRD W266);
iii. 6" AC main, STA 11+10 to 24+30 RT, PHS (Ref. CRD W266, W334);
iv. 6" AC main, STA 70+35 to 70+75 LT, S. 308th St. {Ref. CRD W266, W270, W339);
v. 6" AC main, STA 68+25 to 69+30 LT, S. 308th St. (Ref. CRD W266, W269, Valve
Detail);
vi. 6" AC main, STA 90+35 to 91+00 RT, S. 304th St. (Ref. CRD W266, W334)
Sewer
a. Identification of sewer manhole adjustments to finished grade throughout the project
iimits.
b. An existing 12-inch concrete sanitary sewer main passes approximately 15 feet beneath
the new structural earth retaining wall (Approximate STA 35+60, east side PHS), and the
roadway surface and manhole height will be raised by 6.5 feet at this iocation.
Consultant will either confirm that the additional loading will not exceed the subgrade
bearing capacity at the sewer manhole base, or generate a design solution for the
manhole const�uction to maintain current subgrade loading at the sewer manhole base
to avoid displacement. Replacement or casing this segment of deep sewer is not
included in this scope of work.
c. The Consultant shall include plans for fill and abandonment of an existing 8-inch AC
force main and 15-inch steel casing which crosses Pacific Highway South at S 304�'
Street. Location wil! be based on as built information provided by Lakehaven. No field
verification is anticipated.
d. Correction o# plans as noted above, and to reflect previous review comments.
e. No conflict analysis is anticipated for side sewers unless data is provided by Lakehaven.
Lacking this data, it is anticipated that side sewer modifications will be made on a case
by case basis during construction.
Task 16.1 Project Management
Worfc under this task includes time to execute this amendment, prepare associated invoicing
and progress reports, plan and schedule the work, plan for and execute QA/QC, and coordinate
with the City and Lakehaven. This task assumes the design phase, including reviews by LUD,
will last 4 months.
Lakehaven Utrlity Distriet
PNS Phase /v HOY Lanes
Scope ojServices
Page 4 or9
KPG
October 1009
AG06-127
131
EXHIBIT A-1
Task 16.2 Waterline Pian and Profile Sheets
The CONSULTANT will prepare up to twelve {12) water facility plan and profile sheets,
consistent with the project limits, to show the relocations, installations and adjustments required.
The data included on the existing waterline plan and profile sheets crea#ed in the water line
assessment (task 15) will be utilized, but the sheets will be revised to show additional and
correc#ed plan and profile information, and wi11 conform to the plan preparation requirements set
forth in Lakehaven's Plan Review Checklist.
The plan view will include existing base mapping, existing utilities, proposed curb and gutter and
proposed drainage facilities, and other available utility information, including locations of
luminaires_ In addition, horizontal alignment info�mation, existing and relocated hydrant and
valve locations and types, locations of existing and relocated service connections including
water meters and fire service lines, and all demoli#ion and abandonmen# callouts wiN be shown
on the plan sheets. Minimum clearance requirements wiil be called out at critical locations
adjacent other utilities, including storm drainage facilities. The full-sized scate shall be 1" 20'.
The profile view will be at 1"=20' horizontat scale and 1"=5' vertical scale. Each sheet will show
the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the
existing and proposed water mains at criticai iocations, specifically at utility crossings, including
storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings,
or in a separate crossing table. Existing waterline information will be based on pothole and
measure down data provided by LUD in Task 15. Existing and proposed utiiity crossings will be
shown as ellipses in the profiles.
All work associated with the wate� system facilities wili be shown on these `stand-alone' plans
and profile sheets. Any references to the water system facilities on the City's �oadway plans will
be edited to reference these documents.
Task 16.3 Water Line Detail Sheets
The CONSULTANT will prepare one detail sheet for details not covered in WSDOT's Standa�d
Plans or in Lakehaven's Water System and Sewer System Standards. Pertinent details from
these "Standard Plans" sources will be included as an appendix in the contract specifications.
Task 16.4 Sewer Manhole Field Investigation
The finished grade elevations of the sewer manholes within the project limits will be adjusted.
takehaven will provide the Consultant with manhole as-constructed information, including cone
section, ladders, and number and sizes of risers.
Task 16.5 Sewer Manhole Adjustments
Based on the information collected in task 16.4, the Consultant will describe the work included
to bring each sewer manhoie to grade (which may include removal and/or replacement of cone
sections, extensions, and/or risers. This in#ormation will be shown on the roadway plans and
quantified in the appropriate bid schedule_
Lakehaven Utility District
PNS Phase (Y HO t' Lanes
Scope ojServices
Page 5 af 9
KPG
October 2009
AG06-127
132
EXHtBIT A-1
Task 16.6 Specifications
The CONSULTANT wiN prepare special provisions for construction of the water system facilities
and sewe� manhole adjustments per Lakehaven Standards. Special provisions shall
supplement WSDOT's 2008 Standard Specifications, unless Lakehaven's Water System and
Sewer System Standards specify otherwise. The water system facilities and sewer manhole
adjustment bid items will be included as a separate bid schedule.
Task 16.7 Opinion of Cost
The CONSUI.TANT will prepare a 100% and final opinion of cost for the work described in Task
15.2. The breakdown of items shown in the opinion of cost shall be of sufficient detail for
inclusion in the project bid documents. Adjustment of Lakehaven facilities located within
easements converted #o City Right of Way will be itemized on Schedule A.
SCHEDULE:
The City's roadway design has already been compieted to the 99% design level. The
CONSULTANT will commence work on the water line design immediately upon receipt
of a notice to proceed from the City of Federal Way (note that this requires that
Lakehaven Utility District provide a notice to proceed to the City through the interlocal
Agency Agreement). The 100% PS&E will be delivered to the City and Lakehaven eight
weeks after the CONSULTANT receives this notice to proceed.
2. The City and Lakehaven will review the 100% PS&E and return comments back to the
CONSULTANT no more than 3 weeks after submittal. Comments received after this
date may not be incorporated into the Final Contract Documents without a contract
modification.
3. Finat PS8�E submittal wili be prepared approximately 3 weeks after comments are
received from the City and the District.
DELIVERABLES:
The CONSULTANT will assemble and provide the following items to the City
The CONSULTANT will submit at 100% stage of completion, two copies each of the
haif-sized plans, full-sized plan sheets, and special provisions for review and comment.
2. Two (2) sets of full-sized bond prints of °Final" water line plans (water schedule only).
3. Two (2) sets of half-sized bond prints of "Final" Water Line Plans (water schedule only).
4. Two (2) sets of camera-ready hard copy special provisions which cover the water-refated
elements of the project only.
5. One (1) computer disk for the plans of the water line elements of the project in AutoCAD
format.
Lakehaven Utility Distriet KPG
PHS Phase /D' N06' Lanes Page f) of October 2009
Scope ojServices AG06-�2�
133
EXHIBIT A-1
6. One (1) computer disk for the water line special provisions in Microsoft Word format_
ASSUMPTIONS:
1. Utility record drawings are not included in this scope and fee because construction
services are no# incfuded in this contract.
2. Existing asbestos-cement {AC) water main to be removed shall be included as a
separate bid item and approp�iate hazardous waste specifications will apply.
3. It is assumed that all base-mapping, surveying and utiiity coordination already performed
as part of this contract is adequate and no additional effort in these areas in included in
this amendment, except as necessary to correct items noted in previous review
comments.
4. Lakehaven shall provide the Consultant, in a timely manner, Lakehaven's standard
documents for public works contracts, including standard plans. Unless othervvise
specified, these standard documents shall be suitable for inserting into the bid
documents without revision.
5_ Lakehaven shall obtain all necessary approvals and/or new/revised utility service, and
pay all fees connected therewith.
6. Lakehaven' representative with respect to services to be rendered under the Agreement
shall be as designated by Lakehaven's Engineering Manager.
7. Lakehaven shall coordinate with the City of Federal Way to receive the required number
of sets of final Contract Documents.
8. Lakehaven shall pay all permit fees necessary to complete the work described in this
scope of work.
9. No conflict analysis has been completed or is anticipated for side sewers uniess data is
provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications
will be made on a case by case basis during construc#ion.
10. In providing opinions of cost, financial analyses, economic feasibiiity projections, and
schedules for the project, the CONSULTANT has no control over cost or price of labor
and materials; unknown or latent conditions of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures and market
conditions; time or quality performance by operating personnel or third parties; and other
economic and operational factors that may materially affect the ultimate project cost or
schedule. Therefore the CONSULTANT makes no warranty that Lakehaven's actual
project costs, financial aspects, economic feasibility, or schedules will not vary from the
ConsultanYs opinions, analyses, projects, or estimates.
Lakehaven Utility District
PHS Phase IV HOY Lanes
Scope ojServices
page 7 of 9
KPG
October 20(l9
AG06-127
i34
EXHIBIT A-1
Unrt Total
Description Unit Qty Cost Cost
Water and Sewer Mobilization
Water and Sewer Traffic Control Labor
Trench Safety Systems
Sfioring or extra Excavation Class B
Strudural Excavation Class B
Gravel Borrow For Trench Badcfil!
Remove and dispose 12 in. AC pipe
Remove and dispose abandoned main
CI. 50 DI Pipe for Water Main 8 in. Diam.
Dudile Iron Pipe for Water Main 12 In. Diam.
Gate Valve, 8-inch
Gate Valve, 121nch
Additional Cast iron Fittings (Not Shown on Plans)
Relocate Existing Hydrants Abandon existing,
instaA existing w/ otherwise new hydrant
assemblies
Hydrant Assembly Includes 6-inch diam.Cl. 52 DI
pipe Iateral, tee, hydrant valve, and hydrant
Service Connectio�s, various diameters
Remove existing SDCVA
Remove and Dispose Valve and Box
Adjust Valve Box
8lowoff Assembly
Adjust Sewer Manhole
Abandon Force Main
Reconstruct Sewer Manhole
Subtotal Schedule 6 Constructio� Cost
Contingency (10%)
Sales Tax (9.5%)
Total Estimatecl Construction Cost
LS
HRS
LS
SF
CY
CY
LF
LF
LF
LF
EA
EA
LB
0
EA
EA
LS
EA
EA
EA
EE1
LS
EA
600
t
23,200
3,100
3,100
2,635
3,200
120
3,660
9
17
500
10
2
22
1
21
40
2
16
1
2
60,000.00
42.00
20,000.00
1.00
25.00
35.00
10.00
10.00
65.00
75.00
2,000.00
3,000.00
2.00
3,000.00
5,000.00
1,000.00
2,000.00
250.00
300.00
1,000
400.00
10,000.00
3,000.00
5o,aoo.00
25,200.00
20,000.00
23,200.00
77,500.00
i08,500.00
6 35
23 •000•00
7.800.00
274,50000
18,000.00
51,000.00
1,000.00
30,000.00
10,000.00
22,000.00
2,000.00
5,250.00
6,000.00
2,000.00
6,400.00
10,000.00
6,000.00
824,700.00
82,470.00
86,181.15
993,351.15
Note: Adjustmen# of Lakehaven facilities located within easements converted #o City Right
of Way will be paid for according to the terms agreed to for release of said easements.
Lakehaven Utility District
PffS Phase IV HOY Larres
Scope of Services
Page 8 of 9
135
KPG
October 2009
AG06-/27
EXHIBIT A-1
HQUR At+tD FEE E'STIMATE ExHIBIT E•d
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90Utfit 91Ykh Stl�eet 10 E�esh Ptt3t11 IiO�d a ,v�r�nracw�e r
a.aiva.,.��r, .A.r+cn:tece..i�e
5uppl�manC Na. a• Lakgl�avcn Ltt[��y Df�uFct Fina[ De�i��i e r zvu �:.�µs.,��p:��, s
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Pra) Engr ign ea� m�
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Task �scrf�tGnn Msu�agar En�iiaene�r rq. ;urrey BuMy�r orew e�Lviiclan Clarivsil Uir�t 4rerhea� PcaAt EF�nctiv� mwlt�f�er
SB.SB I$ L5.30 5 4Q.13 3d.82 d8.65 2F.26 2G.58 Hex�rs lnl� Go 15C.77A. 30�9: 2.$677
3 �6.284.05
4.�1.5;
3,11 ftiFE
5,28?.fW
3,257.21
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8°fi?2�
Page 9 0/'9
October 1009
Exhibit 6-1
Estimated Costs
Pacific Highway South HOV Lanes Phase IV
South 312th Street to Dash Point Road
ESTIMATED PRE-DESIGN, DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND
CONSTRUCTION MANAGEMENT COSTS fOR INCLUDING LAKEHAVEN UTILITY DISTRICT
UTIUTY RELOCATION AND ADJUSTMENTS
ESTIMATED PRE-DESIGN COST
Estimated pre-design costs fior Lakehaven utility rdocations (KPG, Inc_)
ESTIMATED DESIGN COST
Estimated design costs for Lakehaven utility refocations
ESTIMATED CONSTRUCTION COSTS
Subtotal Construction (Inc110% Design Contingency�
Sales Tax 9.5% of Construction Cost
Subtotal Construction Including Sales Tax
Construction Contingency (10% of Const�uction cost.)
Construction Management (12.5% of Construction cost.)
ESTIMATED TOTAL CONSTRUCTICN COST
ESTIMATED PROJECT COST (Predesign,Design Construction)
Project Administration (5% o# project cost)
TOTAL ESTIMATED COST
$11,531
$68,417
$907,170
$86,181
$993,351
$99,335
$124,169
$1,216,855
$1,296,803
$64,840
$1,361,643
Note: Costs presented are estimatesonly. Actual costs incurred will be used to calculate
final cost of Lakehaven Utility DistricYs utility relocation portion forreimbursement to the City.
K:\CONTRAC112007107-176a Budget.doc
137
AG o7-l��
After record'+ng, retum to_
Ciry of Federal Way
33325 8"' Avenue S
Federal Way, WA 98003
Attn: Brian Roberts
INTERtOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILI�1( DISTRICT
FOR THE
PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PROJECT
(SOUTH 3'12TH STREET TO DASH POINT ROAD)
TH1S AGREEMENT is made and entered into this day of o�bl�� 20U7, by
and beiween the City of Federa! Way (hereinafter "City") and Lakehaven U61ity District (hereinafter
"DistricY'), coltectivety refeRed to herein as the "Parties".
WHEREAS, the City proposes to proceed with #he Pacific Highway South H�V Lanes Phase
IV Project (South 312th Stree# to Dash Point Road) (fi�ereinafter "Project"); and
WHEREAS, the District provides water and sewer service in the general area of the Project
in accordance with applicable Washington State and City of Federal Way laws, regulations and
franchises; and
WHEREAS, in c;onnectian with the roadway impr9vements being undertaken by fhe City, the
District will be required to retocate certain water and sanitary sewer facilities such as fire hydrants,
valves, water meters, etc.; resolve any waterline/uality conflicts; and adjust sewer manholes, within
the Project area; and
WHEREAS, Chapter 39.34 RCW (lnterloca! Cooperation Act) permits loeal govemmental
units to make the most efficient use of #heir powers by enabling them to cooperate with other en6ties
to provide services in a manner best serving the needs and development of their local communities;
and
WHEREAS, the District can achieve cost savin�s and other benefits in the public's interest
by contracting with the Ci#y to perform ce�tain services for the District, including leiting a public worics
construction contract for the installation of the water improvemen#s in connection wi#h the Project
(hereinafter "District Work"), and providing construction management services in support thereof, as
described in Exhibit A, attached hereto and incorporated herein by this reference;
Pacific Highway South NOV Lanes Phase N Page 1 AAarc?� 2007
138
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto
as follows:
1. PREDEStGN/DESIGN.
The District agrees that the City's design contractor, KPG, Inc_, shatl perform
predesign/design work for the Project.. The Districf shal� reimburse the City for the predesign report,
reproducible constru+ction drawings, specia! contract provisions, and other necessary documents,
which shalt sufficiently detail requirements for the District Work #o become a part of the plans and
speci�cations for the Project.
fl. BiDDING AND CONSTRUCTION.
A. It ttie intention of the City and the District tha# the District plans and
specifications shaH be incorporated into the Contract Bid Documents for the Project in such manner
as to a11ow, to the extent passible, identification of cost allocations befween the Parties.
B. Following opening of construction bids on the Project, the District shall be
fumished with the bid responses submitted for the District Work for the District's approval. Within
twenty days of receiving the bid prices, the District shall notify the City in writing that the District
either approves or rejects their portion of the bid award. Bid award sha11 be made to the lowest
responsible bidder for the total Project subject to applicabte laws and regulations. The City sha11 not
proceed with the District Work un�l the City has received approvat from the District for its portion of
the bid award; provided, however: if no bids are received which, in the es�mation of the District, are
acceptable to the District for the District Work, the District shall so immediately notify the City. The
District W ork shall be deleted #rom the project contract and, in this event; the City shafl proceed with
its portion o# the Project. This Interloca! Agreement shall terminate effective the date o# the DistricYs
notice to the City of the Dis#rict's rejection of a!! bids.
!II_ CONTRACT AQMINISTRATION.
A. The City shall provide the necessary administrative, construction observa6on,
and clerical services necessary for the execufion of the Project. in providing such services, the City
Public Works Director and/or his or her designee may exercise all the powers and per#orm all the
du6es vested by taw in him or her. The Dis#rict grants to the City Public Works Director andJor his or
her designee authority to act on behaif of the Disfrict sufficient to carry out the provisions of this
Agreement.
B_ The Oistrict sha11 notify the City, in writing, ofi any changes it wishes to make in
#he plans and specifications which affect the District Work, which changes shall be made, if feasible.
The City shaN notify fhe District, in writing, of any changes required of the District Work and shall
obtain the District's approval of such changes. The Districf's approval sha11 not be unreasonabfy
wiihheid. The Distric# shap be responsible for all costs incurred, directfy or indirectly, as a result of
these or any other changes required or requested by the District_
Pacific Highway South HOV Lanes Phase iV Page 2 March 2007
139
IV. PAYMENT.
A_ The District shall reimburse the City for all costs incurred by the City in
performing the District Work which costs shaA include but are not iimited to the District Woric
pe�formed by the Project contracfor(s), a!1 District �equested changes, and #he Disfict's cast of the
City senrices described in Paragraph Ill (a) herein, and as described in Exhibit B.
B. All payments shatl be due from the Dis#rict to the City within thirty (30) days
after approval by the DistricYs General Manager or his/her designee of said sums billed to the
District. Amounts unpaid after said due date shall accrue interest a# a rate of one (1 percent per
month.
V. INDEMNIFICATION AND HOLD HARMLESS
A. The City agrees to indemnify and hoid the District, its elected officials, officers,
employees and agents harm�ess from any and all claims, demands, losses, actions and liabilities
(including costs and all attomey fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees; or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the City, its agents or employees, or by the City's breach of this Agreement.
B. The Distric# agrees to indemnify and hold the Ci#y, its elected officials, officers,
employees and agents harmless from any and all claims, demands, losses, actions and iiabilities
(including casts and ali attomey fees) to or by any and al! persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the ex#ent caused by the negligent ac#s, errors or omissions of
the District, its agents or employees, or by District's breach of this Agreement_
The provisions of this paragraph shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expitation or termination.
Vl_ DURATION.
This agreement shaA become effective immediatety upon execution by both parties.
This Agreement shall continue in force until either (9 the District rejects all bids or (2) the City
Counci( accepts the compietion of the project, whichever is earlier_
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the
roadway, storm drainage system, sidewalks, landscaping, tra�c signals and all other appurtenances
related thereta
B. Upon completion of the construction and City's acceptance of the Project as
fully constructed according to plans, specifica#ions and change orders, the City shall provide a final
invoice to #he District for any final paymen.t due_ The District's payment of this final inv.oice shall, in
effect, transfe� ownership of these water and sewer mains and appurtenances to the District and the
District shali thereafter be responsible.for main#enance of such facilities_
Pac�c Highway South F10V Lanes Phase 1V Page 3 March 2007
140
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion_ This Agreement may be amended only in writing, signed by both
Parties_
D. This Agreement shall be in fuil force and effect from the date of signature by
all Parties to the date the City compietes the Finai Inspection upon completion of the Project and
may be extended for additional periods flf time upon mutual written agreemen# of fhe City and
District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
E. Any provision of this Agreement, which is dedared invalid, void or iilegal shall
in no way affect, impair, or invalidate any other provision hereof and such ofher provisions shall
remain in fuil force and effect.
!N CONSIDERATION of the mutuai benefit accruing herein, the Parties hereto agree #hat the
work, as set forth herein, wi11 be pertormed by the City under the tem�s of this Agreement_
IN W 1TNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CTI'Y OF FEDERAL� WAY
Cary 1VI. Roe, P.E., Assistant City Manager
Chief Operating OfficerlEmergency Manager
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063=9718
(253) 835-240t
LAKEHAVEN UTII..ITY DISTRICT
Don Perry, General M ger
3162? lst Avenue South
PO Box 4249
Federat Way, WA 98063-4249
(253) 941-1516
APPROVED AS TO FORM:
�Y'Patricia A. Richardson, City Attomey
A ST:
ra K. Hathaway, C, City Clerk
APPROVED AS TO FORM:
1
Generai Counsel, Steven H. Pritchett
Pacific Highway South NOV Lanes Phase IV Page 4 March 2007
141
Exhibit A
Scope of Work
Pacific Highway South HOV Lanes Phase IV
South 312th Street to Dash Point Road
Work Element 95 Lakehaven Utility District-Water Main Assessment
'15.9 The CONSULTANT wil! identify and fieid tocate twenty-four {24) valve locafions. The
CONSULTANT wili measure down to the top of the operatir�g nu# on the finrenty-four (24)
valves. Each va(ve measured will be ciearly identified with a unique identifier (i.e. WV-1)
painted on the pavement surface adjacent to the vaive measured_ The CONSULTANT will
prepare a list of the valve measurements including valve idenfifier and depth to operating
nut, and distance to top of pipe frorn operating nut. LUD will provide record drawings of the
water main, including approximate valve locations, valve size; valve type and distances frorn
the top of the operating nut to top of pipe
15.2 The CONSULTANT wiil field survey each valve Iocation using the paint marks set in 15.1 to
establish the horizontal and vertical location of the valves. Vatve loca6ons will 4e surveyed at
the top of the lid of the valve box_ It is assumed that twenty-fou� (24) valves will be field
surveyed. The CONSULTANT wiil use the same horizontal and vertical datum as the Pacific
Highway South HOV Lanes Phase N project.
15.3 Base on the valve measure-down information provided 15.1 and 152, the CONSU�TAIdT
wilt prepare plan and profile sheets for mains running paralle( to the centerline of Pacific
Highway Soutt�_ Plans and profile sheets will show each valve tocation inciuding sta6on,
offset, elevation at existing grounci and depth to top of pipe. A dashed line indica6ng the
assumed water main profile will be drawn between each vaive location. Because of the
possibility that the actuai water line profiile varies along its length, no guarantee is made as
to the accuracy of the drawn water main profile between valve toca6ons. The majority of tiie
profiling of the water mains will be based on measure down information and construction
assumptions provided by LUD. Therefore, the accuracy of the profiles wil! be dependent on
the accuracy of the infarmation provided by LUD. tn general, the profiling will be subject to
inaccuracies in measuring by LUD, assumptions of valve types and measurements, potential
presence of valve extensions (unknown), and errors in calculating the invert of the water
rnains based on this cumulative data. The CONSULTANT will superimpose the proposed
finished ground line and proposed storm drain crossings from the Pacific Highway South
HOV Lanes Phase IV project onto the profiles_ The proposed channelization for Pacific
Highway South HOV Lanes Phase IV project will be superimposed over the exisfing
planimetrics.
15.4 The CONSULTANT will review the valve information, plan and profle drawings, the Pacific
Highway South HO�J Lanes Phase 1V preliminary design drawings and utility as-built
information to assess the need to relocate the existing water main. The assessment will be
iimited to th� following`.
Paeific Highway South HOV Lanes Phase iV Page 5 March 2007
142
Exhibit A
Scope of Work
Pacific Highway South HOV lanes Phase IV
South 312th Street to Dash Point Road
Based on the finish grade etevations established by the Pacific Highway HOV i..anes
Phase IV project, the CONSULTANT wil) revisw �e future depth of cover over the
water mains and identify areas of insu�cient cover. The minimum cover required wili
be as determined by LUD after review of the CONSULTANT assessment of
insu�cient cover.
Base on the proposed storm drain plans developed for the Pacific Highway South
HOV Lanes Phase IV project, the CONSULTANT will identify apparent conflict
locafions. Cost to resolve individuai conflicts will be developed under 15.5.
The CONSULTANT wiN prepare a technical memorandum describing the assessment
perfoRned, a comparison between relocation of the en6re water main and resolution of
localized conflic#s, provide a recommendation to LUD on whether the water mains should be
relocated or localized conflicts �esolved. The assessment of the water mains wili not address
the condition of the water mains or associated appu�tenances, capacity, or existinglfuture
demands. No assessment of service laterats wi)1 be made. Should the CONSULTANT
recommend reloca6on of the water mains, the CONSULTANT wil! provide a preliminary
route for the relocated water main on the plan and p�ofile drawings prepared as part of 15.3.
No finai design work is included in this scope of work. It is assumed that the final design of
the water main reiocations will be add by supplement to this scope of work at a later.
15.5 The CONSULTANT will prepare a preliminary opinion of construction cost for both the
relocation of the water main and resofution of iocatized conflicts for comparison purposes.
Since no detailed design of the water main will have been performed, this wilf be a plan�ing
levet estimate suitable only for comparison purposes_ The opinion of cost will be based on a
per linear foot cost to retocate/adjust the water main. The unit price per linear foot wil!
inctude excavation, backfill, shoring, material and labor, fittings and valves and incidentals_
The opinion o# cost will not include service lines or meter boxes. A detaifed breakdown of
quantities will not be prepared. A thirty percent (30%) contingency will be applied to the
opinion of cost.
Pac�c Highway Souih !-IOV Lanes Phase IV Page 6 March 2QQ7
143
Exhibit B
Estimated Costs
Pacific Highway South HOV Lanes Phase IV
South 312th Street to Dash Point Road
ESTIMATED PRE-DESIGN, DES/GN, CONSTRUCTION, PROJECT ADMINISTRATtON AND
CONSTRUCT/ON MANAGEMENT COS7'S FOR lNCLU�/NG LAKEHAVEIV UTILITY DlSTR1CT
UTIUTY RELOCATION ANQ ADJUSTMENTS
ESTIMATED PRE-DESIGN COST
Estimated pre-design costs for Lakehaven utility relocations (KPG, Inc.j
ESTIMATED DESIGN COST
Es6mated design casts for Lakehaven u6lity relocations
ESTIMATED CONSTRUCTION COSTS
Subtotal Construction
Sales Tax 8.8% of Construction Cost
Subtotal Construction lncluding Sales Tax
Construction Contingency (10% of Construction cost.)
Construction Management {10°/p of Construction cost.)
ESTIMATED TOTAL CONSTRUCTION COST
ESTIMATED PROJECT COST (Predesign, Design 8. Construction)
Project Administration (5°1a of project cost)
TOTAL ESTIMATED COST
$11,531
T8D
TBD
TBD
TBD
TBD
TBD
TBD
$11,53'f
576
12107
Note: The Agreement v�rill be amended to include amounts fo be determined ("TBD"),
including estimated design, construction, and project administration costs when fhe
estimates have been prepared. Costs presented are estimafes only. Acfual costs incurred
will be used to calculate final cost of Lakehaven UtilityDistricYs ufilify relocafion portion for
reimbursemenf to the Cify.
K:ISTREETSWROJECTS1SR99 Phase IV1LakehavenllLA\tLA Agrement.doc
Pacific Highway South HOV Lanes Phase IV Page 7
March 2007
144