The URL can be used to link to this page

LUTC PKT 09-14-1999 .. '"" ~\ ~ City of Federal Way City Council, Land Use/Transportation Committee September 14, 1999 5:30pm City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. Telecommunications Code Amendments Clark/30 min Action B. Response to Benchmark Questions at September 3, ] 999, LUTC Meeting Info ClarkJ5 miD 6. FUTURE MEETING AGENDA ITEMS Open Cut of ROW vs Boring Endangered Species Act Update SWManagement/Department of Ecology Ordinan~ð & Manual Package ì. ADJOUR,l\l Committee Members: Phil Watkins, Chair Jeanne Burbidge Mary Gates City Staff: Stephen Clifton. Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 IILU- TRANSlsep 14LUAWPD " ,. ...... ' SUMMARY In attendance: Committee members Phil Watkins (Chair), Committee Members Jeanne Burbidge and Mary Gates; Council Member Linda Kochmar; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank; Deputy Director of Community Development Services Kathy McClung; Senior Planner Margaret Clark; Assistant to the City Manager Derek Matheson; Code Compliance Officer Betty Cruz; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER ~ The meeting was called to order at 12:05pm by Chairman Phil Watkins. - --- 2. APPROV AL OF MINUTES The minutes of the August 5, 1999, meeting were approved as presented. 3. PUBLIC COMMENT Monte Powell, 29607 8th Avenue South, and his business partner Ned Gobrecht, requested that the Committee and staff review and reconsider Zoning Code amendments relating to sensitive areas. Mr. Powell wishes to restore the channel where runoff flows down the canyon through his property at 430 South Dash Point Road. They have a plan to slow the J water's eroding flow and repair the waterway. The code is unclear about definitions of rehabilitation. Without repair, the seasonal stream will one day damage the main sewer trunk line located there. The Committee stated they would review the Sensitive Areas Code amendment at the October 4, 1999, meeting. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. 2000 Legislative Agenda - The Committee discussed the items on the 2000 Legislative Agenda bringing up several questions for clarification of position and intent. They suggested several language edits and moved some other items to be included with other similar items. It was confirmed that the theme throughout the Legislative Agenda is one that preserves local flexibility on dealing with issues that concern the City. B. Sign Compliance 2000 - Sign Code conformance progress to date includes notification of every business and property owner in general in 1995 and specifically in 1997 if their signs were not in compliance. The notices were detailed as to the specific sign(s) and reason(s) for nonconformance. Additional information was published in the Chamber of Commerce newsletter; meetings have been held with representatives of the Chamber, individual business owners and sign contractors. Fifty-three articles have appeared in local papers since Fall of 1994 on the City's sign regulations. There have also been severål formal public notices. Another round of notices to 640 businesses with nonconforming signs is about to begin. If there is no response by December, another notice with emphasis on penalties will be sent. Press releases will go out in November, January and February. The City's cable TV, web site postings, Citywide newsletter, and additional Chamber newsletters will also carry announcements and updates. Debra Coates is informing businesses about sign incentive funds and advising of eligibility. A step-by-step incremental plan was outlined to the Committee regarding enforcement and potential consequences of non-compliance with the sign code. The Committee commended staff on this progress. C. SW King County Development Forum - The Planning Directors from Southwest King County cities in cooperation with King County will sponsor a two part development forum. The purpose of the first forum will be to get perspectives , from a variety of developers, businesses and lenders about the perception of south King County and what characteristics about a city make people want to live or work there. The audience targeted for the first fomm is council members, planning commission members, local chambers of commerce and staff. The purpose of the second forum is to giye cities the opportunity to show an audience of developers, lenders, and businesses what they have to offer. Invitations are to be mailed soon and the Committee was encouraged to address ideas or concerns in this planning phase. D. Uodate on Planning Commission Items - Staff presented a current list of previously prioritized work plan items and work accomplished to date including a list of long range projects that take time away from work on code amendments. The work program includes the 2000 Comprehensive Plan update. Applications receiyed after September 30, 1999, will be considered in the 2001 Comprehensive Plan Update. E. FUTURE MEETINGS The next meeting will be held at 5:30pm in City Council Chambers on Tuesday, September 14, 1999. 7. ADJOURN The meeting was adjourned at 1: 15pm. ~ -- ---- I:\LU- TRANS\sep3LUS. WPD ..~ ,/' " ( CITY OF FEDERAL WAY MEMORANDUM September 9, 1999 TO: Land Use/Transportation Committee (LUTe) FROM: Stephen Clifton, AICP, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner SUBJECT: Benchmark Information Per your request at the September 3, 1999 Land Use Transportation Committee meeting, please find enclosed the following information: 1. 1999 King County Benchmark Report Data Worksheets, Indicators #28, #30, #32, #34, #37, and #45 provided earlier this year to King County. Each year, King County collects these indicators from all cities and unincorporated King County and consolidates them into one table for each indicator (See attached Indicator #30 Table). This information is then published in a yearly Benchmark Report which is distributed to each city. The 1999 Report is expected to be published by the end of this month. 2. The Land Use Indicators Table which summarizes Indicator #30 information for all King County jurisdictions for 1995 through 1998.1 This shows the number of residential units for which building permits were issued by jurisdiction by year and also shows status of jurisdictions relative to their 20 year housing target. Please call Margaret Clark at (253) 661-4111 should you have any questions or need additional information. I:\BENCHMRK\91499LTc.wpd/September 9,1999 ¡This table is part of the 1999 King County Benchmark Report which has not been published as yet. We were able to obtain an electronic copy from King County in advance of publication. 1 ( (- r~~1 ..~ e.. -M-...L l- C,~ f1o1~ eo( 1(..\1.1 Lt. ~ If 'I a~~~ Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #28 Public dollars spent on low income housing This Indicator measures more than the expenditure of public dollars on low income housing. 1t also measures a range of local actions which foster affordable housing; and the number of units in your city affordable to all income groups regardless of public money was used or not. This last measurement is important since most housing in your jurisdiction is produced by the private sector without public money. In addition, some jurisdictions do not have the local resources to spend on housing. Therefore, we want to acknowledge all local activities which facilitate affordable housing. Examples of such activities include: regulatory actions such as accessory housing or density bonuses and in-kind contributions such as fee waivers or local land donations. In calendar year 1998 record in the following table: . What type and amount ofi'ublic dollars, including in-kind contributions, were speï*oo ünits affordable to households at or below 80% of median income; How many units were constructed, preserved, rehabilitated with those dollars. Notes about the table For income guidelines, see chart on next page Public dollars are defined as bonds, levies, general fund and any in-kind contribution that can be quantified such as a waiver of fees or donation of land. Only report local bondfunds the year the bond funds are issued. Do not report the annual bond payments. A preserved unit differs from rehabilitated or constructed unit. It is an existing unit of housing which is required to remain or to become affordablefor a specific amount of time. For example, with the help ofpublic funds, a non-profit agency purchases a market rate housing development which is then rented or sold with a requirement of long term affordability. A rehabilitated unit refers to repair or restoration of existing affordable housing. It is important to note that for most rehabilitated units, there is no guarantee of long term affordability; therefore such units do not increase the affordable housing stock. Only report the number of units your city's funding directly benefits, not necessarily all the units in the project. For multi-city shared housing projects, indicate total dollars for project and your city's contribution. Indicate number of units based on the proportion you pay. For example: Total Project = 30 houses rehabilitated; Cost = $300,000; Your city paid = $75,000 = 25% = 7.5 housing units rehabilitated by your city, For Units Affordable to Households at or Below 80% of Median Income Dollar Amount Used in 1998 No. Of Units Preserved, Rehabilitated, or Constructed with These Public Funds Total Project Cost Your City's Share Rehabilitated Preserved Constructed $170,000 $170,000 30 $84,667 $52,000 0.6 $8,400 $8,400 4 $55,000 $10,000 1.5 I: \BENCHMRK \99BENCHM. WPD 4/30/994:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #28 (continued) Public dollars spent on low income housing . Were any local dollars used as an operating subsidy for housing affordable to households at 80% or below of median income? If so, note how much was allocated as operating subsidy in 1998: $34,000 . Note: Do not include federal funds, such as Community Development Block Grants (CDBG), which your city uses as operating subsidies. An operating subsidy pays for items such as utilities, rent or case management services located at the housing site. This includes operating subsidies for emergency and transitional shelters as well as permanent housing. How many units affordable to households at or below 80% of median income were produced by public dollars in 1998. This includes accessory dwelling units or density bonuses. Number of affordable rental units: ~ Number of affordable homeownership units: ~ Were any regulatory measures enacted which helped to produce more affordable housing units? Please describe 1. 1998 adoption of Cluster Subdivision Ordinance to allow for smaller lots and zero lot line development (two units maximum) in single family zoning districts. 2. 1998 adoption of Affordable Housing Regulations to require a percentage of new multi-family development to be affordable housing and to provide for incentives for affordable housing in new single family developments. Do you wish to have any footnotes added to the Benchmark Report describing regulatory measures your city has adopted in 1998, but that have not yet resulted in an increase of housing units. Or you may wish to note regulatory measures that reduce housing costs, but cannot be tied directly to affordable units (e.g. flexible subdivision standards) or facilitate affordable housing or transfer of development rights. Footnote: . The City of Federal Way allocated $75,000 for first time home buyer purchase assistance for low- and moderate-income individuals . The City of Federal Way allocated $8,000 for emergency shelter services including rent payment assistance. This information was provided by: Camron Parker Telephone: (253) 661-4253 I:\BENCHMRK\99BENCHM. WPD 4/30/994:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #30 Percent of New Housing Units in Urban Areas and Rural/Resource Areas New Housing Units Permitted in 1998 King County's records, the monthly C-404 reports submitted by your city to King County, indicate that you issued permits for 200 new housing units in calendar year 1998; 104 single family and 96 multifamily. This information was verified for us after the end of the year by Margaret Clark This is the number of new housing units that we plan to count for your City in the 1998 Benchmark Report. If you wish to make a change to this number, please describe the change. For your information, Indicator #30 is intended to be a count of building permits issued, not a count of units completed or certificates of occupancy issued. If possible, could you desegregate your multifamily units into two housing types: Rental units: 96 Condo or cooperative units: .Q. I:\BENCHMRK\99BENCHM. WPD 4/30/99 4:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets I!1dicator #30 Percent of New Housing Units in Urban Areas and Rural/Resource Areas New Housing Units Permitted in Urban Centers 1998 How many of the new units permitted in 1998 were located within your Urban Center(s)? a ~ How many of the permitted units were completed in 1998 (an estimate is OK) b~ The 1998 Benchmark Report shows, your 1997 Urban Center, had the following units c~ How many Urban Center units were demolished in 1998 or otherwise removed from the housing stock Note: (b+c-d = e). d~ e~ Do you wish to add any footnotes to the Benchmark Report to further describe the number of units in your Center(s)? Footnotes: ; I:\BENCHMRK\99BENCHM. WPD 4/30/994:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #32 Percent of new residential units that could be counted as redevelopment Estimated number of units that could be counted as redevelopment Redevelopment is generally defined as the development of new residential units on land that already has significant improvements, as opposed to development on vacant land. More specific definitions of redevelopment may slightly vary between cities. How many housing units were demolished or significantly changed in character in 1998 ..lL How many new units were built on land with previous structures or improvements JL Please note that the units in redevelopment should be a subset of the units for which building permits were issued as defined in Indicator #30 Percent of new housing units in Urban Areas and Rural/Resource Areas. I:\BENCHMRK\99BENCHM. WPD 4/30/994:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #34 Ratio of Actual to Allowed Densities of Residential Development Allowed densities compared to actual densities for 199 8 Residential Projects. The suggested methodology is to look at pennittcd multifamily projects and approved fonnal (or Long) (final plat approval) and short plats within your city. Building lots in fonnal and short plats are used as a proxy measure of dwelling units. Please specify the kind of zoning used in your city: . . . Per net acre (net of right of way, etc.) Per gross acre. Minimum lot sizes Project Zone (your city's Allowed or Achieved Density Number of Units zone designation) Expected Density (in du/acre) or Lots (in the (in du/acre)1 projects used for this calculation) Preliminary plats approved in 1998 Wildwood RS9.6 62 3.7 7 Estates/SUB90- 0004 (1.91 acres) Blackberry/SUB98- RS7.2 93 4.8 11 0002 (2.3 acres) High Point Park RS7.2 434 1.7 19 III/SUB97 -0001 (II acres) There were no short plats approved in 1998 " , IThe City does not use densities. It uses minium lot sizes. Allowed or expected density was based on a cluster subdivision concept where 35% is taken out for roads and open space and the remaining land is divided by the minimum lot size of he underlying zoning district. 2Wildwood Estates already adjoined a developed right of way 3 A cluster subdivision concept was used 4 A large proportion of this site consisted of steep slopes 1:\BENCHMRK\99BENCHM. WPD 4/30/994:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Project Zone (your city's Allowed or Achiev¿d Density Number of Units zone designation) Expected Density (in du/acre) used for this (in du/acre) calculation Permitted Multifamily Projects in 1998 Lang Mixed Use BC (Community No density 17 units per acre 8 units Business) specified Village Green Single Family No density 38 units per acre 228 units Phase II Residential (RS specified 7.2) " I :\BENCHMRK\99BENCHM. WPD 4/30/99 4:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #37 Acres of Urban Parks and Open Space In the 1998 Benchmark Report the acres of parks and open space in added in 1997 is a Acres of city-owned urban parks and open space added (including annexations) in 1998 b 0.74 Acres of city-owned parks and open space removed from your city in 1998. c~ Total existing acres in parks and open space at end of 1998. d 818.54 Note (a+b-c=d) Notes about this Indicator 'Urban' means within the an Urban Growth Area City-owned means parks and open space property owned by your city, or for which you city has acquired development rights. Park land that owned but not yet developed may be counted. Do not count parks or openspace owned by the state or county. Do not count parks or open space privately owned, unless primarily maintained by the city and open to the public. Do not count watersheds unless open for public recreation use. I:\BENCHMRK\99BENCHM. WPD 4/30/994:30 PM Metropolitan King County Countywide Planning Policies Benchmark Program 1999 King County Benchmark Report Data Worksheets Indicator #45 Number of lane miles of city, county and state roads and bridges in need of repair and preservation. The policy rational for this indicator stems from Countywide Planning Policies FW-20, FW-23 and T -8. This Indicator attempts to measure our ability to protect and preserve our existing infrastructure, and to eliminate, lessen or defer the need to invest in new facilities. A key outcome of the CPP Transportation policies is to protect and improve the transportation infrastructure. Total centerline miles in your city in 1998. 227.30 Total lane miles in your city in 1998.* 459.92 Estimated number of lane miles in need of repair or preservation in1998. 48.86 Total roads budget for your city in 1998. $700,000 for repair & maintenance *Totallane miles should be equivalent to the number oflanes per segment times the number of centerline miles in that segment. E.g.: 3 centerline miles of2 lanes in each direction equals 3 x 4 or 12 lane miles. Also, if your figures are for more than one year, please note an estimate for one year. This infonnation was provided by Ken Miller Telephone (253) 661-4136 If you wish to add footnotes to the Benchmark Report about your data for this indicator, please note below. I:\BENCHMRK\99BENCHM. WPD 4/30/99 4:30 PM LAfIJ USE II] II[] IJ_- Metropolitan King County Countywide Planning Policies Benchmark Program LAND USE INDICATORS Indicator 30: Background Information \e\\ uusin¡.: [nits in I'rhan ,\reas. Rural and Resource ,\reas and I'rhan ("enters ---.' ": ", " Annual Avg Units to Meet 20 Year Target ,20 Year Household , Target Units 1998 Units 9 731 0 ---- 1,077 43 121 83 16 2 26 28 116 19 199 2 522 446 434 27 238 12 50 2 50 11 251 50 450 23 --~- , - --- - 1,616 7,030 352 -----------' -,--- 4 0 0 --,- ,--- -- -----' 3,146 8,600 430 196 ---2,045- :- - -~- -- --'_____H' 745 1,700 85 ,----- 206 1,596 80 ,-----" 76 404 20 --'------ ------- 13 13 1 ---~- 26 na 126 2,335 347; 2,044 , -+----- --- -', 214_~ 2,700 ;-- 1,152 I 13,425 to 16,556 5' 4 ,------ 1,000 2,940 , I 2,219 7,520,1-------- 1,906 ,- 5,328 to 6,346_1 26~_to 317___- 59 153' 18 310 - '~'------ 3 506 - -+-- --- i 39 1 I 449 ! 32 20 2 13 375 1 1,406 68 30 67 , l---2.~- -- 6 10 200 0 157 46 145 24 13 ---------- 3 Algona Auburn Beaux Arts Bellevue ------- Black Diamond Bothell ----un_, Burien Carnation Clyde Hill --" --,-- Covington DesMoines Duvall na na na na 117 102 135 671 - 828 0 --,-'-- 147 ------- 376 34 17 47 54 51 126 --,--- 53 114 28 ----- 214 ,232 507 - --'--~------ 0 l' 2 ,--, --------,-t 187 151' 140 365 ,906 502 -'-' - 323 I 534 615 17 15 0 I na I na na t-- 9- , -------- Enumclaw Federal Way ---,--- Hunts Point --,----- Issaquah -,----- Kent Kirkland 8 Lake Forest Park Maple Valley Medina -----¡----- ---, ------ na na na na 1 81 --------- 1 32 17 231 1,610, -' n_____- 80 18' ------- i 210 na I 139 ----¡g¡-------r H---9-- - ' 539 1,527 76 _..._---~------- ------ 48 1.._606to1,818 30t091 1,925 9,878 , 494 - -"------+--------- 2,318 7,925 ' 396 --------+, ---,,-,-,-------' 173 5,789' 289 - , -, ,-- 8,512 50,000 to 60,000 2,500 to 3,000 -----------,----- 450' na na ----------" - ---------- 6 17 ,-----------------, 239 2450 to 3100 141 4,791 to 6,014 - --------- -, --- 634 1,800 I 8 ---¡¡----+- 11 68 3 45 7 44 69 24 51 47 I 68_- Normandy Park__1~i......~ North Bend 69 I 105- 114 - ------- 38 0 4 433 581 457 - 151---:319-- 912 I - 25 I 73 35 ---- - - "+----------- _u, Seattle 1,094 I 1,091 2,394 -- - -J- -- 113 '42 154 '-----'---- n__- 2 2 0 ----- ------,--, 16 10 71 - ------, 12 49 48 ----1-- - ----- --_32..----L-12~ 140 2 '4 1 Mercer Island Milton --- Newcastle na 6 454 936 40 3,933 ,--- 141 ----- 2 142 32 ----, 267 ------ - 1 Pacific ----- - Redmond Renton ____n- SeaTac Shoreline Skykomish ,- - ------ 123 to 155 , ,--- 240 to 301 '-----'---- 90 1 Snoqualmie ____un - Tukwila Woodinville Yarrow Point 29,029 144,914 - 162,148, 7,246 to 8,107 ---- -----r----- 13,159 40,000 - 50,000 1,014 -1500 ------- +------------ 9,612 3,647 42,288 8,424 3,435 --+ ,------- 2,354 1,081 11,859 All Cities - ------ , - All Uninc. KC 10,469 3,781 2,915 867 14,251 4,064 ' 6,072 - --+-----, 1,480 I 3,561 --'-1- Urban Unincorp KC 1,680 2,663 ------- Rural KC 800 899 Total 6,544 9,634 ,------------ 184,914 - 212,148 9,270 - 10,607 Land Use 1999 King County Benchmark Report 110 CITY OF FEDERAL WAY MEMORANDUM DATE: September 7, 1999 TO: Land Use/Transportation Committee (LUTC) FROM: Stephen Clifton, AI CP, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Tim McHarg, Contract Senior Planner SUBJECT: Proposed Personal Wireless Service Facility (PWSF) Zoning Code Text Amendments I. BACKGROUND The current City of Federal Way Personal Wireless Services Facilities (PWSF) review process, siting priorities, and development standards were established on September 19, 1997, through the adoption of Ordinance No. 97-300. The PWSF Ordinance was codified as Section 22-967 ofthe Federal Way City Code (FWCC). As a result of working with the ordinance since its adoption, staff identified several aspects ofthe regulatory framework for Personal Wireless Services Facilities that are in need of amendment. This is due largely to rapidly changing telecommunications technology. As a result, on January 19, 1999, when the City Council approved the 1999 Planning Commission Work Program, housekeeping amendments to the PWSF Ordinance were included as part of that program. Attached as Exhibit A is a Draft Ordinance, which identifies the Planning Commission's proposed text amendments to the zoning code regarding PWSFs. The draft ordinance has been prepared in "line-in/line-out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. For background information purposes, the original staff report and ordinance (dated July 21, 1999), presented to the Planning Commission at their July 21, 1999, public hearing, is attached as Exhibit B. City of Federal Way LUTC Report PWSF Zoning Code Text Amendments September 7,1999 Page 1 Based on verbal and written comments from representatives of the telecommunications industry (Exhibit C - July 21, 1999, Planning Commission minutes; Exhibit D -- July 21, 1999, correspondence from Puget Sound Energy; and Exhibit E - July 21, 1999, correspondence from Commercial Development Solutions), the Planning Commission continued the public hearing to August 18, 1999. The August 11, 1999, staff report to the Planning Commission (Exhibit F) for the continued public hearing on August 18, 1999, responds to both the Planning Commission's and industry concerns. In addition, between the July 21,1999, and August 18, 1999, public hearings, Mr. McHarg corresponded with industry representatives (Exhibit G - August 10, 1999, Correspondence from AirTouch Cellular, AT & T Wireless, and VoiceStream Wireless). II. REASON FOR COUNCIL ACTION Federal Way City Code Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the City Council, based on a recommendation from the Planning Commission, must approve amendments to the zoning code text. III. PLANNING COMMISSION RECOMMENDATION As discussed below in Section IV -- Procedural Summary of this staff report and reflected in Exhibit C - July 21, 1999, Planning Commission Minutes, the Planning Commission conducted a public hearing on the proposed text amendments to the zoning code regarding personal wireless services facilities on July 21, 1999. The public hearing was continued to August 18, 1999, as reflected in Exhibit H - August 18, 1999, Planning Commission Minutes. After conclusion of the continued public hearing, pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed zoning code text amendments in light of the decisional criteria outlined below in Section V of this report. By a unanimous vote of the membership present (5-0), the Planning Commission recommended that the City Council adopt the zoning code text amendments regarding personal wireless services facilities as outlined in Exhibit A. IV. PROCEDURAL SUMMARY July 21, 1999 Planning Commission Public Hearing August 18,1999 Continuation of Planning Commission Public Hearing September 14, 1999 L UTC Meeting City of Federal Way LUTC Report PWSF Zoning Code Text Amendments September 7,1999 Page 2 v. DECISIONAL CRITERIA FWCC Section 22-523 provides criteria for zoning code text amendments. The following section analyzes the compliance of the proposed PWSF zoning code text amendment with the criteria provided by FWCC Section 22-523. The city may amend the text of Chapter 22 - Zoning, only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed zoning code text amendments regarding PWSFs are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG2 LUP4 LUP6 PUG 2 PUG 4 PUP 3 PUP 4 PUP 17 Develop an efficient and timely development review process based on a public/private partnership. Maximize efficiency of the development review process. Conduct regular reviews of development regulations to determine how to improve upon the development review process. Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. Ensure that development regulations are consistent with public service obligations imposed upon private utilities by Federal and State Law. The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount ofright-ol-way disruption. The City should require that site-specific utility facilities such as antennas and sub-stations are reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. City of Federal Way LUTC Report PWSF Zoning Code Text Amendments September 7,1999 Page 3 PUP 19 The City should modify the zoning regulations to address the siting, screening, and design standards for wireless/cellular facilities, sub- stations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent properties. (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare; The proposed zoning code text amendments will result in improved environmental and land use review processes, siting prioritization, and development standards for PWSFs, which have a direct relationship to the public health, safety, and welfare. and (3) The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve the compatibilityofPWSFs with surrounding land uses and minimize land use conflicts between these facilities and surrounding land uses through appropriate environmental and land use review processes, siting prioritization, and development standards. VI. COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the Planning Commission report and, at its discretion, holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: 1. Approve the proposed zoning code text amendment by ordinance; 2. Modify and approve the proposed zoning code text amendment by ordinance; 3. Disapprove the proposed zoning code text amendment by resolution; or 4. Remand the proposed zoning code text amendment back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report back to the City Council on the proposed zoning code text amendment. City of Federal Way LUTC Report PWSF Zoning Code Text Amendments September 7, 1999 Page 4 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H August 18, 1999, Draft Ordinance Amending the Zoning Code Text July 21,1999, Planning Commission Staff Report and Draft Ordinance July 21, 1999, Planning Commission Minutes July 21, 1999, Correspondence from Puget Sound Energy July 21, 1999, Correspondence from Commercial Development Solutions August 11, 1999, Planning Commission Staff Report August 10, 1999, Correspondence from AirTouch Cellular, AT & T Wireless, and Voice Stream Wireless August 18, 1999, Planning Commission Minutes C:/ madronal fedw a y /pwsf/l utc/ staffrpt. doc '- ~ City of Federal Way LUTC Report PWSF Zoning Code Text Amendments September 7, 1999 Page 5 DRAFT CITY OF FEDERAL WAY ORDINANCE NO. 99 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR PERSONAL WIRELESS COMMUNICATION FACILITIES WHEREAS, Section 704 ofthe Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, provided that regulation not discriminate among providers of functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of personal wireless services; and, WHEREAS, the Federal Telecommunications Act of 1996 and RCW 80.36.375 restricts and partially preempts a city's authority to regulate personal wireless service facilities; and, WHEREAS, personal wireless services facilities comprise a rapidly growing segment of the utilities and communications sector and have merit and value for the community and region as a whole; and, WHEREAS, personal wireless services facilities are supportive of the public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business, and emergency purposes; and, WHEREAS, the City of Federal Way is concerned that future decisions regulating the siting and development of personal wireless services facilities, without appropriate standards and review processes, may adversely effect the public health, safety, and welfare of residents of the City of Federal Way; and, WHEREAS, the City of Federal Way reviewed potential impacts from the Personal Wireless Services Facilities Code Amendment Ordinance in compliance with the State Environmental Policy Act; and, WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will implement and is consistent with the Federal Way Comprehensive Plan; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on the draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a recommendation of approval to the City Council; and, , PAGE I EX4nw, ~ . rr-l1LJ L~ ,.. August+&-,1999 PAGE-Lur'~ DRAFT ORDINANCE NO. 99- DRAFT WHEREAS, the City Council finds that the Personal Wireless Services Facilities Code Amendment Ordinance is consistent with the intent and purpose of the Federal Telecommunications Act of 1996 and RCW 80.36.375. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IN REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The purpose of this Ordinance is to amend the Federal Way City Code to satisfy the following basic needs: A. B. To provide appropriate standards and review processes for decisions regulating the siting and development of personal wireless services facilities; and, To be consistent with and implement the Federal Communications Act of 1996 and RCW 80.36.375. Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate the following definitions in alphabetical order: Abandoned personal wireless service facilitv shall mean a PWSF that meets the following: (1) (2) (3) (4) Operation has voluntarily ceased for a period of 60 or more consecutive days; or, The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or, The antenna has been relocated at a point less than 80 percent of the height of the suPport structure; or, The number oftransmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Cell-an-Wheels (C-O-W) shall mean a mobile temporarv personal wireless service facility. Tem/Jorarv Personal Wireless Service Facility shall mean a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. , PAGE 2 EXHIB~T..,-.A PAGE-L O~~, 1999 DRAFT ORDINANCE NO. 99- . ... . " ~m G)~ m- to ~c-::.= c,-q - '1 ~I" r: DRAFT Section 3. Section 22-614 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-614. Personal wireless service facility. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs R E G U L A T I 0 N S ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART ~..",o DIRECTIONS: FIRST, read down to find use, , ' THEN, across for REGULATIONS REAR ¡"Q:¡: I MAXIMUM CQ"l'iR'CB ~ SIGNS LANDSCAPE See note I Refer to Section 22- 967 for maximum hei~hts for allowed types of ~ Not allowed on a PWSF See note 4l --....+ 8ee ......,.,. See note 2 , PAGE 3 PARKING II ZONE SE I SPECIAL REGULA nONS AND NOTES N/A I. lIioi"o, H'.'" i, ., ,for the,. ile'" ill.a i. ,ee".ft' e.talke o....I)i.~ .e.il ~ Mr e,ek eflhe li..e. -- Not applicable PWSFs allowed on existin~ structures.Q!1ly, 2, The review process used will be as follows a Pmee., III if Ihe p"'Er I...et, the ...,,1) i.~ hei~ht li.lit ., Pr..." III iflhe p"'£r ;, e.II..ate. 0'. a,. e"i'li.~ p"'£r .r po.li.I, .,e. ,tru.tu'. " . i, I." tho. I,. ,.. e II e e"i,li, ~ fft.:li" eo "ruelu'e, a, Subject to meetin~ all applicable development standards, Process III for the followin~ proposals, i, The PWSF is collocated on an existin~ PWSF and is less than 15' above the eXlStin~ facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is less than 15' above the structure; or, iii, The PWSF is located on an existin~ structure in the BP A trail and is less than 15' above the existin~ structure: or, iv, The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is less than 15' above the existin structure Ius an hei ht ranted under Cha ter 22-967 b b, Variance rocess ursuant to FWCC Cater 22 Article II Division 8 for the followin ro sals i. The PWSF is collocated on an existin~ PWSF and is more t an IS' above the existin~ facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existin~ structure in the BPA trail and is more than 15' above the existin~ structure: or, iv. The PWSF is located on an existin~ structure in an appropriate public right-of:~ and is more than 15' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b), c All other types and locations of PWSFs are not allowed 3-¡;i~",~, ..eo aP""&f, 43, All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations, At a minimum, Õ<4>fa five (5) foot Type IIIlandscaping!!œ! shall be required around the facility, unless the community development services director detennines that the facility is adequately screened, ~, gee geeli,,] J2 ~¡¡(ej, tl.,e: New free-standin~ PWSFs are not allowed PWSFs shall be ""'" allowed 2!!!Y on existing towers, """ on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public rights-of-way Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs August 18, 1999 DRAFT Section 4. Section 22-649 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-649. Personal wireless service facility. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE R E G V L A T I 0 N S ::::> REAR USE ZONE CHART .u=m",o DIRECTIONS: FIRST, read down to find use", THEN, across for REGULATIONS MINIMUMS REQUIRED YARDS I,g:¡; I MAXIMUM CQVER \CE HEIGHT SIGNS I ZONE I PARKING I RS u LOT SIZE Process LANDSCAPE FRONT SIDE Personal wireless service facility (PWSF) See note 2 Refer to Sec¡¡;;;;-z2- 967 for maximum heights for allowed types of ~ See note I See note I See note I s-.-+ See note 4¿ Me -..... See note I Not allowed on a PWSF See note ~ 4 for allowed types of PWSFs See note 2 ~ml ,Þ')( Cj):t m~ ~rn - ~...J ~F r I DRAFT ORDINANCE NO, 99- 'L , PAGE 4 SPECIAL REGULATIONS AND NOTES N/A ) 11i.imdl ,a,a, a"i.,.sf.. II."ila' , ill.,i,a,aardan"I8II,ol1a"lji'g..,i,.gfor..,k,fll,Ii'lcd ~ Not applicable, PWSFs allowed on existing structures only 2, The review process used will be as follows a Pr,.." III if II , pH'gy,.....II, 01 a"l,i.gl,i~hllil1 il ., Pr..", III ifd, pH'sr i, ,oll.,...a.., ab e"i..i, ~ p'Hgr, p,.li,l, ""a ,lfUat'" " a is I", tha. \I'..a a lI.a miati.g fa,ilil, or ,I",al". a, Subject to meeting all applicable development standards, Process III for the following proposals i. The PWSF is collocated on an existing PWSF and is less than 15' above the existing facility: or, ii The PWSF is located on a ~ubIicly used structure not located in a public ri~ht-of-way and is less than 15' above the structure: or, iii, The PWSF is located on an existing structure in the BPA trail and is less than IS' above the existing structure: or, iv, The PWSF is located on an existing structure in an appropriate public right-of-way and is less than IS' above the existing structure, plus any height ~ranted under Chapter 22-967(b) b, Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the following proposals i, The PWSF is collocated on an existin. PWSF and is more than IS' above the existing facility: or, ii, The PWSF is located on a publicly used structure not located in a public right-of-way and is more than IS' above the structure: or, iii The PWSF is located on an existin~ structure in the BPA trail and is more than 15' above the existing structure: or, iv, The PWSF is located on an existin. structure in an appropriate public right-of-w:ay and is more than 15' above the existing structure, plus any hei~ht ~ranted under Chapter 22-967(b), cAll other types and locations ofPWSFs are not allowed ], gig, fiR" "I all. ',.., a p'\,gr 43, All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dõvelopment regulations, At a minimum, ó'oofa five (5) foot Type III landscaping ~ shall be required ~ facility, unless the community development services director determines that the facility is adequately screened ~, gee geati" )2 gH(.) 11,.a, New free-standin~ PWSFs are not allowed. PWSFs shall be -¡.,. allowed 2!!!ï on existing towers, """ on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public ri~hts,of-way. Refer to Section 22-966(d) for development standards applicable to allowed tvpes of PWSFs August 18, 1999 :g~ G>:r: m~ ~,~= C4.~ T,'" rl DRAFT Section 5. Section 22-681 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-681. Personal wireless service facility. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ij Personal wireless servIce facility (PWSF) See note ~ 4 for allowed types of PWSFs R E G V L A T I 0 N S ~ Process MINtMUMS REQUtRED YARDS LOT SIZE FRONT SIDE See nole 2 See nole I See nole I See nole I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. " THEN, across for REGULATIONS u~-,¡,-o REAR bG'I' I MAXIMUM CQ"E~'CE ~ LANDSCAPE SIGNS I ZONE I PARKING I RM See note I --...+ , PAGE 5 SPECIAL REGULATIONS AND NOTES Refer to SëCiiõñ22- 967 for maximum hei.hts for allowed Iypes of ~ See note 41 N/A Illini"., ,an.nAli"., ,ft.fth..ait..., ilihaia...md..,oo..tha.a."I)i,g..ning..ra..I,.flkalist.. ~ Nol applicable, PWSFs allowed on existin. structures only 2, The review process used will be as follows . Praa." III ift! a p"'gr ",a" [I a ., ."1) iag I ,igllli"it C "-.---- '" ".c. "woe ,. ..".....~._.. .u,..,-.. mu=..- _.~U..L......-..~ -,.._~- .~~ Me ---- Nol allowed on a PWSF .C.. ....,_.~::.;_..",... ..- _...:::....:. w ,- - 0 ~ - ... , w_., - - 'TO .. . -.- . 0 - '-.: -- ap~licable development standards, Process III for the followin. proposals' .. ,ated on an existin PWSF and is lesSlhan 15' above the existin facilit or - ed on a publicly used structure not ",cated in a public right-o -way and is less than 15' See note 2 abo ted on an existing structure in the BP A trail and is less than IS' above the existing -' - .!!!:!! ed on an existin. structure in an applOpriate public right-of-way and is less than 15' , plus any height granted under Chapter 22-967(b) ¡uantto FWCC Chapter 22, Article II, Division 8 for the following proposals :ated on an existin. PWSF and is more than 15' above the existing facility; or, ed on a publicly -,,-sed structure not located in a public right-of-way and is more than IS' -- abo I .. -- - -- abo- ted on an existingstructurein the BP A trail and isl1\ore than IS' above the existing -. - .!!!:!! - oed on an existing structure in an apPlOpriate public right-of-way and is more than IS' abo " ' plus any height granted under Chapter 22-967(b), , cations of PWSFs are not allowed ~~.- -- -~ .-~-h -' ~ 43, All PWSFs shall be landscaped and screened in accordance with Article XVII and the plOvisions of the PWSF d;;velopment regulations. At a minimum, ó41'a five (5) foot Type III landscaping!!!! shall be required ~ facility, unless the community development services director determines that the facility is adequately screened ~, goa g.atit, 33 ~(((.) tlo'a New free-standing PWSFs are not allowed, PWSFs shall be""¡'" allowed £!!!y on existing towers, """ on publicly used structures not lòcated in public rights-of-way, on existing structures located in the BPA trail, and on existin. structures in appropriate public ri.hlS-of-way, Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs August 18, 1999 ;gm (i)~ m- I~ 1'1 - 01 -ri~ ~I Section 6. DRAFT Section 22-700 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-700. Personal wireless service facility. The following uses shall be permitted in the professional office (PO) zone subject to the regulations and notes set forth in this section: Personal wireless service facility (PWSF) See note ~ 4 for allowed ~ PWSFs USE u R E G u LI A T I 0 N S I :::::> Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- DIRECTIONS: FIRST, read down to find use. USE ZONE CHART THEN, across for REGULA nONS ,.. vall-"-'.C ~~ REAR bG'I' SIGNS ~~, - MAXIMUM HEIGHT LANDSCAPE ~^"~D År~ See note I Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs Not allowed on a PWSF See note 4~ !>--+ See ...,¡e..; See note 2 , PAGE 6 I WNE I PARKING I PO SPECIAL REGULA nONS AND NOTES N/A I. lIiAiA.oA,"A",o,Ii, 0' ,fortheseit., , ill~eiAae.ellloleel.tlo.A'e",ilg.e,ingfora.,1 eflleli,te, ~ Not applicable PWSFs allowed on existin~ structures only 2, The review process used will be as follows: 0 Pre.e.. III iflh. P"'Sf ¡....II.. on,. l)iA8 keibhl lin,;.. ~,Preea.. UI ifll. P"'H i, eolloe...,., 0' ."i,tiA8 p"'sr ðr~.~li,l) o"a ,".eto,. aAa i,l", II a.. 15' a~o . Ii. ",i,lin8 faeilil) a, ,'ru."'re a Subject to meetin~ all applicable development standards, Process III for the followin~ proposals, i. The PWSF is collocated on an existin PWSF and is less than IS' above the exislin facilit . or ii. The PWSF is located on a publicly used structure not ocated in a public ri~ht-of-way and is less than IS' above the structure; or, iii, The PWSF is located on an existin~ structure in the BPA trail and is less than IS' above the exislin~ structure; or, iv, The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is less than IS' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b) b, Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals: i, The PWSF is collocated on an exislin~ PWSF and is more than IS' above the existin~ facility; or, ii The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is more than IS' above the structure; or, ii\' The PWSF is located on an existin~ structure in the BP A trail and is more than IS' above the existin~ structure; or, iv. The PWSF is located on an existin~ structure in an appropriate public right-of-way and is more than IS' above the existing structure, plus any hei~ht ~ranted under Chapter 22-967(b) c, All other types and locations of PWSFs are not allowed, J, Si8A' RI. J at all. .a eA a Pv/Sf, 43, All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations, At a minimum, ¥-<>fa five (5) foot Type UI landscaping ~ shall be required around the facility, unless the community development services director detennines that the facility is adequately screened, ':1, gee geetieA JJ ~(q.) tleto New free-standin~ PWSFs are not allowed, PWSFs shall be""¡" allowed 2!ili: on existing towers, - on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public rights,of-way Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs August 18, 1999 ~ G> m ~ 0 F DRAFT Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-730. Personal wireless service facility. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs m >< :r: - OJ r-~ ,c~ ~ USE JJ R E G U L A T I 0 N ~ Process MINIMlIMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ..Lú¿',.,m.e REAR ¡,Q:¡: PARKING II ~~E I -- - MAXIMUM I'iËiGiIT LANDSCAPE SIGNS rmæn '~G SPECIAL REGULATIONS AND NOTES See note I Refer to Section 22- 967 for maximum heights for allowed types of PWSFs I. Ili"i"., ,a.a, a..¡.,.""r.., II 0.. it."" III~oi,.a.o.ra..oot.II...a.,I)i,~.o,il~for_aokoflkoli.tea - Not applicable PWSFs allowed on existing structures only 2. The review process used will be as follows' . PIBO... III ifllo P"'gf "'o.Is Iko .... I) i, g I oi~1 t li",it ~,P..o", III iflko P"'gf i, o.II...to. e"" 0 Ii":,,! P"'gf 0' ~.~llol) .se.'I"'OI '0.'. i, 10" t~.. '" .~o 0 the olli,li,! faoilit) .r "ruot." a Subject to meeting all applicable development standards, Process III for tho following proposals i. The PWSF is collocated on an existing PWSF and is less than IS' above the existing facility; or, Ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is less than IS' above the structure; or, iii. The PWSF is located on an existing structure in the BP A trail and is less than IS' above the existing structure; or, iv, The PWSF is located On an existing structure in an appropriate public right-of-way and is less than IS' above the existing Structure, plus any height granted under Chapter 22-967(b ), b, Variance process pursuant to FWCC Chapter 22 Article II, Division 8 for the following proposals: i, The PWSF is collocated on an existing PWSF and is more than IS' above the existing facility; or, ii, The PWSF is located on a publicly used structure not located in a public right-of-way and is more than IS' above the structure; or, iii, The PWSF is located on an existing structure in the BPA trail and is more than IS' above the existing structure; or, iv, The PWSF is located on an existing structure in an appropriate public right-of-way and is more than IS' above the existin Structure Ius an hei ht ranted under Cha ter 22-967 b c, All other types and locations of PWSFs are not al owed -.. See -.,..; N/A See note 4~ Not allowed on a PWSF See note 2 ~..-.,. , ¡'I all. e¡r¡¡¡¡aþ'w, 43, All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations, At a minimum, ~a five (5) foot Type III landscaping!!!! shall be required around the facility, unless the community development services director determines that the facility is adequately screened ":!. gee gooll.. 22 9H(oj, 110'0 New free-standing PWSFs are not allowed PWSFs shall bo -Ir allowed ~ 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 structures in appropriate public rights-of-way Refer t<) Section 22.966(d) for development standards applicable to allowed types of PWSFs , PAGE 7 August 18, 1999 ~ G) m ~ 0 F DRAFT Section 8. Section 22-762 ofthe Federal Way City Code is hereby amended to read as follows: Sec. 22-762. Personal wireless service facility. The following uses shall be permitted in the community business (Be) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 for allowed types of PWSFs m >< J: - m -d -~ .' j I '. USE u R E G U L A T I 0 N S ::::> Process USE ZONE CHART MINIMUMS REQUIRED YARDS ~m"= DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ~"a.o LOT SIZE ¡,g:¡: MAXIMUM HEiGHT See note 2 LANDSCAPE SIGNS FRONT SIDE REAR Nll=D ,~~ Me - + --..+ Refer to Section 22- 967 for maximum hei~hts for allowed types of ~ See note I See note I See note I See note ~ ~ Me -...; Not allowed on a PWSF None See note 3 DRAFT ORDINANCE NO. 99- , PAGE 8 PARKING II Z~~E I SPECIAL REGULATIONS AND NOTES N/A Llti,i, ""'O"ò....IÌ,"""fßfll...ile.a illhei, oee..òo.eel6t1e.,."I;i"!..,i,!!fereo.h.ftleli.teò ~ For developed sites, the setback requirements shall be those of the principal use of the subiect property, For undeveloped sites the setback requirements for new free-standin~ PWSFs shall be 20' for front, side, and rear yards 2, Subject to meeting all applicable development standards, :¡:!he review process used . ill e¿.. fßII. , shall be Process I exce~t for the foliowin~;ro5:saIS 0 P..~e" I i the P"'gF ia e.1I ate ." a e"iati,! P"'~F . n ... , u -~~~-"'-~o"- ------. -- -~..,~-" ,- "- "u_-- ~i¡';;; ~he f~lIowin~';ro~;als ~. ", - - " . .. ~ i. The PWSF is located within 300 feet ofa residential zone; provided the PWSF is less than 15' abnve the buildin~ or structure, plus any height ~ranted under Chapter 22-967(b); or, ii The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is less than 15' above the structure; or, iii, The PWSF is a new free-standing PWSFs; except as -- provided in "c'-' below b Process IV if the PWSF is a lattice tower accommodatin~ four or more providers c, Variance rocess ursuant to FWCC Cha ter 22 Article II Division 8 for the followin ro sals i he PWSF is collocated on an existin~ PWSF and is more than IS' above the existin~ facility; or, ii, The PWSF is located nn a publicly used structure not located in a public ri~ht-of-way and is more than 15' above the structure; or, iii, The PWSF is located on an existin~ structure in the BPA trail and is more than IS' above the existin~ structure; or, iv, The PWSF is located on an existin~ structure in an appropriate public right-of-way and is more than 15' above the existin~ structure, plus any height granted under Chapter 22-967(b); or, v, The PWSF is located on a buildin~ or structure that is not a residence or school and does not contain a residence or school: provided the PWSF is more than 15' above the building or structure, 3, Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047, A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers 1, ~i~, a ore "1 .11. .ò., a P"'SF, ~ All PWSF shall be landscaped and screened in accordance with Article XVll and the provisions oftbe PWSF d~velopment regulations, At a minimum, ~a five (5) foot Type IIIlandscaping!!œ! shall be required around the facility, unless the community development services director determines that the facility is adequately screened 5 New free-standing PWSFs are allowed subiect to hei~ht limits and collocation provisions, PWSFs are allowed on existin~ towers, on private buildin~s and structures, on publicly used structures not located in public ri~hts-of- way, on existing structures located in the BPA trail, and on existing structures in appropriate publicdghts-of-way Refer to Section 22-967 for development standards applicable!" allowed types of PWSFs August 18, 1999 ~~ G>:r: m-- ~,~ 0:;1 _/ F' DRAFT Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-802. Personal wireless service facility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 ¡:;;;:-- allowed types of PWSFs USE JJ R E G U L A T I 0 N S =:i Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT See note 2 Me ""'" + See note I None DRAFT ORDINANCE NO. 99- SIDE See note I DIRECTIONS: FIRST, read down to find use. USE ZONE CHART THEN, across for REGULA nONS 1,^V""'UC REAR w:¡: MAXIMUM HEIGHT SIGNS LANDSCAPE =ucn .~C .~._.~- See note I ~ Me -.,..; Refer 10 Section 22- 967 for maximum hei~hts for allowed types of PWSFs See note ~:! Not allowed on a PWSF See note 3 , PAGE 9 I ZONE I PARKING I CC-C SPECIAL REGULATIONS AND NOTES N/A Uti"i, """"d"l.,,i, "' ,f"rthe..ite., iUhei, aeeerda.eet.tle",derl)ilg.e,i'gMlre..1 eftheli.ted ~ 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 free-standin~ PWSFs shall be 20' for front, side, and rear ~ 2, Subiect 10 meetin~ all applicable development standards, :¡:!he review process used ill he .. MIll. . shall be Process I, except for the followin~ proposals' 0 P,um I iflho P"'gF is ..II..aled... a e"i'li'g p"'gr, L n___---", Cn _n --.., Cu- _'n"'_- n",cc., -----, -- _..o,~..o ,- ".." u..... v vvvv. . v V' 0 . - -, v y . "v... vv v a. Process III for the followin~ proposals i, The PWSF is located within 300 feet of a residential zone; provided the PWSF is less than IS' above the buildin~ or structure, plus any hei~ht ~ranted under Chapter 22-96 7(b), or, ii, The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is less than IS' above the structure; or, iii, The PWSF is a new free-standing PWSFs; except as Meèified provided in "c," below b. Process IV if the PWSF is a lattice tower accommodatin~ four or more providers c. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals, i, The PWSF is collocated on an existin~ PWSF and is more than IS' above the existin~ facility; or, ii The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is more than IS' above the structure; or, iii. The PWSF is located on an existin~ structure in the BPA trail and is more than IS' above the existin~ structure; nr, iv, The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is more than IS' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b); or, v, The PWSF is located on a buildin~ or structure that is not a residence or school and does not contain a residence or school; provided the PWSF is more than IS' above the buildin~ or structure 3, Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047, A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to I SO' will be allowed under a combined application of four or more providers, 1. gigns are ,.t .11. ed e, a P"'gF ":1, All PWSF shall, be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations, At a minimum, -- a five (5) foot Type III landscaping!!!!! shall be required around the facility, unless the community development services director determines that the facility is adequately screened, 5, New free-standin~ PWSFs are allowed subiect to hei~ht limits and collocation provisions PWSFs are allowed on existin~ towers, on private buildin~s and structures, on publicly used structures not located in public ri~hts-of-way on existin~ Structures located in the BPA trail, and on existin~ structures in appropriate public rights-of-way Refer to Section 22-967 for development standards applicable to allowed types ofPWSFs, August 18, 1999 ~ G) m ¡ 0 ~ DRAFT Section 10. Section 22-817 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-817. Personal wireless service facility. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 for ;;¡jawed types of PWSFs m ,-- -, :Þ USE u R E G U L A T I 0 N S ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 !;eo ""'" + See note 1 See note I None DRAFT ORDINANCE NO. 99- DIRECTIONS: FIRST, read down to find use, USE ZONE CHART THEN, across for REGULATIONS HAV~"'« REAR f,Q:: SIGNS ~~= MAXIMUM HEIGHT LANDSCAPE ==D'~C See note I ~ Refer to Section 22- 967 for maximum heights for allowed types of PWSFs Seenote~:! See ....- Not allowed on a PWSF See note 3 , PAGE 10 PARKING II ~~~~ I SPECIAL REGULA TlONS AND NOTES N/A 1,11ini"0."""",,,;,o'1OI'6rll..eil<l' illhei,.eee:...eel6lleo,.erl,i.g...i.gf.,eaeh.flheli.t.. ~ For developed sites, the setback requirements shall be those oftbe principal use of the subject property, For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20' for front, side, and rear ~ 2 Subject to meeting all applicable development standards, :¡:!he review process used ..ill h. "" Mil. . shall be Process I, except for the following proposals . p",... I ifli'e p"'&r i. eellce.... 6' . e ",Ii,s p"'gr ~,n "" "~__A'~""C- ----_.~--",r._"'-"-"U_.. ;::;;;;;;¡¡¡ f;;; ~he f~lIowin;;r;po:als ", - --. . . i, The PWSF is located within 300 feet ofa residential zone; provided the PWSF is less than IS' above the building or structure, plus any height granted under Chapter 22-967(b): or, ii, The PWSF is located on a structure that is a residence or school or contains a residence or school, provided the PWSF is less than 15' above the structure: or, iii, The PWSF is a new free-standing PWSFs; except as -- provided in "c," below, b. Process IV if the PWSF is a lattice tower accommodating four or more providers c, Variance process pursuant to FWCC Cbapter 22, Article II, Division 8 for the following proposals i. The PWSF is collocated on an existing PWSF and is more than 15' above the existing facility; or, ii The PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existing structure in the BPA trail and is more than 15' above the existing structure: or, iv, The PWSF is located on an existing structure in an appropriate public right-of-way and is more than 15' above the existing structure, plus any height granted under Chapter 22-967(b): or, v The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school; provided the PWSF is more than 15' above the building or structure 3, Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers 1. £is'' are, al .11. 0'.' a p"'£r ~, All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations, At a minimum, ~ a five (5) foot Type III landscaping ~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened, 5 New free-standing PWSFs are allowed subject to height limits and collocation provisions, PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights-of-way, on existing structures located in the BPA trail and on existing structures in appropriate public rights-Q~. Refer to Section 22-967 for develo]Jl11C'l1t standards a[J[Jlicable to aliowedty¡Jes ofPWSFs August 18, 1999 ~~ G)~I ~: 0 F DRAFT Section 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-835. Personal wireless service facility. The following uses shall be permitted in the office park (OP, OPI--4) zone subject to the regulations and notes set forth in this section: USE jJ Personal wireless service facility See note 5 ¡:;;;:-- aI/owed types of PWSFs ~ R E G U L A T I 0 N S ::::> Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See ..- + See note I See note 1 None DRAFT ORDINANCE NO. 99- USE ZONE CHART DtRECTIONS: FIRST, read down to find use. . . THEN, across for REGULA nONS :i.L.uLD. H a .c ~um= REAR ¡.,g:¡: I ZONE I PARKING I OP, OPl--4 uu . ~ u- MAXIMUM ~ SIGNS LANDSCAPE ~~"~n Ar~ SPECIAL REGULATIONS AND NOTES See note I I. Ilinil1". . ana ",..Ii, on" fel " eo. ito., ill ha i. ae..,....o t. the "....1, il g oel il g fer each .ft~ali"oa ~Fordevelo edsites the setback re uirements shall be those of the rinci aluseofthesub'ect ro erty For undeveloped sites, the setback requirements for new free-standin~ PWSFs shall be 20' for front, side, an rear ~ 2, Subject to meetin~ all applicable development standards, 'I'!he review process used ill eo.. fell. , shall be Process I, except for the foliowingj>l()I)()sals. Refer to Section 22- 967 for maximum hei~hts for allowed types of ~ ~ See note ~ ~ See -'! N/A Not allowed on a PWSF ~.lifth.~Fi,~io~-.."i.ti'gP\\'sr h, PI"'" lll..r.1I I 0 fro. ".. ai, g p'vsr,; "".pt.. . ..iM" il "'," kale )win~ proposals within 300 feet ofa residential zone; provided the PWSF is less than 15' above the ny hei~ht ~ranted under Chapter 22-967(b); or, d on a structure that is a residence or school or contains a residence or school, provided bove the structure; or, ; free-standing PWSFs; except as"""¡;¡;"'¡ provided in "C," below , F is a lattice tower accommodatin~ four or more providers ¡ant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals' ated on an existin~ PWSF and is more than 1 S' above the existin~ facility; or, .d on a publicly used structure not located in a public ri,glll-of-way and is more than 15' .- See note 3 . n -- -. -- ;cd on an existin~ structure inthe BPA trail and is more than 15'~bove the existillg ed on an existin~ structure in an appropriate public ri~ht-of-way and is more than 15' , plus any hei~ht ~ranted under Chapter 22-967(b), or, ,d on a buildin~ or structure that is not a residence or school and does not contain a cd the PWSF is more than 15' above the buildin~ or structure . t for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22- 1047, A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers, 1. Sig" ara 1 a' alia .. 0. a P"/Sf ~, All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;;-velopment regulations At a minimum, ¥-efa five (5) foot Type Illlandscaping!œ! shall be required around the facility, unless the community development services director determines that the facility is adequately screened 5, New free-standin~ PWSFs are allowed subject to hei~ht limits and collocation provisions PWSFs are allowed on existin~ towers, on private buildin~s and structures, on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public r~-of-way Refer to Section 22-967 for develo¡>l11ent standards applicable to allowed types ofPWSFs -- - . , PAGE 11 August 18, 1999 DRAFT Section 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-871. Personal wireless service facility. The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility See note 5 ¡:;;;:-- allowed types of PWSFs u R E G U L A T I 0 ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 Me ......, + See note I See note I None -em :x»( G)X mfij ~~ 01 "\~ ~I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use, ' , THEN, across for REGULATIONS "Avn"~« REAR MH' MAXIMUM HEIGHT I ZONE I PARKING I BP LANDSCAPE SIGNS =U~n .r~ ~= SPECIAL REGULA nONS AND NOTES See note I I.rlilill."...n~.....il I ,fertle"i!,",. illh,il."Br..."IeII,..~erl}ilg",ilgfor,...,fth,li.t,. - 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 free-standin~ PWSFs shall be 20' for front, side, and rear ~ 2, Subject to meetin~ all applicable development standards, :¡:!he review process used ill h, .. fell. . shall be Process ILexcept for the following proposals, ~ Refer to Section 22- 967 for maximum heights for allowed types of ~ See note ~ i Me ~ N/A Not allowed on a PWSF . PM....¡ ifl.' P"'Ef is "].'.,.~'"' ."i"i"~ p"'E[, en""" , ""WCC- ~--_. -- --~,~-~ ,- "-" u_.. ~~""~""'--"W~,,",,' .v ",- -e - ._v. - v- III for the following proposals, 'WSF is located within 300 feet of a residential zone; provided the PWSF is less than 15' above the '. tructure, plus any hei~ht wanted under Chapter 22-967(b); or, PWSF is located on a structure that is a residence or school or contains a residence or school, provided less than 15' above the structure' or, PWSF is a new free-standing PWSFs; except as -- provided in "c" below IV if the PWSF is a lattice tower accommodating four or more providers ,e process pursuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals PWSF is collocated on an existin~ PWSF and is more than 15' above the existin~ facility; or, PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15' "cture; or, , PWSF is located on an existin~ structure in the BI' A trail and is more than I~ above the existing - See note 3 E ¡¡¡ -, - - - ~ - !!. : PWSF is located on an existin~ structure in an appropriate public right-of-way and is more than 15' - isting structure, plus any height granted under Chapter 22-967(b); or, - PWSF is located on a building or structure that is not a residence or school and does not conlain a ~ school; provided the PWSF is more than 15' above the buildin~ or structure, 3,' - , allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047, A PWSF shall be allowed up to t 20' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers 1. gigl' or, ..1 nil. e. e.. P'VEf ""' All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;;velopment regulations, At a minimum, ~a five (5) foot Type III landscaping!!!!! shall be required ~ facility, unless the community development services director determines that the facility is adequately screened, 5, New free-standing PWSFs are allowed subject to height limits and collocation provisions PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights-of-way, on existing structures located in the BP A trail, and on existing structures in appropriate public rights-of-way Refer to Section 22-967 for develoJ'l11ent standards applicable to allowed types ofPWSFs ~ , PAGE 12 August 18, 1999 ~m G>~ mmE3 ~!!. IP~ 01 ' F" DRAFT Section 13. Section 22-906 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-906. Personal wireless service facility. The following uses shall be permitted in the corporate park (CP-I) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility See note 5 ¡:;;;:-- allowed types of PWSFs R E G U L A T I 0 N S ~ Process See note 2 USE ZONE CHART ~~",Üo DIRECTIONS: FIRST, read down to find use, , , THEN, across for REGULA nONS MINIMUMS REQUIRED YARDS LOT SIZE ¡,g:¡: ~~ ~ MAXIMUM HEIGHT LANDSCAPE SIGNS FRONT SIDE REAR ~~UCD ,~C !>ee ..... + See note I See note I See note I Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs ~ See note ~:! !>ee ...,¡"..;¡ Not allowed on a PWSF None See note 3 DRAFT ORDINANCE NO. 99- , PAGE 13 PARKING II ~~~~ I SPECIAL REGULATIONS AND NOTES N/A I. r IiI i. ,. 0&' ~ I ""im,. or",,1 tn, 'I'.' ill ee i. "'ßI~a..' Ie t~. d' ~.,I; iAg eo.ing re, 'a'~ afl~e Iiot.~ ~ For develo ed sites the setback re uirements shall be those of the rinci al use of the sub'ect ro ert For undeveloped sites, the setback reqUIrements or new free-standin~ PWSFs shall be 20' for front, "de, and rear ~ 2. Subiect to meetin~ all applicable development standards, :¡:!he review process used ill.... ,.lIe , ~ Process I, except for the followin~ proposals' ", P,a.." I ift~. pn'£F i, ..lIo.M.d 0." .,¡¡,Iing P"'gF L,~'" '--.J! _.JC.-. -,._",-- m=L.. _u---- -- --",~-,,- "-" u... ; -.n v - f~lIowin;;ro-;"';als . -, . - -- ,. - -- .. - ;ated within 300 feet of a residential zone; provided the PWSF is less than 15' above the buil - us any hei~ht ~ranted under Chapter 22-967(b) or, ,cated on a structure that is a residence or school or contains a residence or school; provided 5' above the structure; or, .new free-standing PWSFs. except as.....e;ltoè provided in "c" below, 'W5F is a lattice tower accommodatin~ four or more providers !ursuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals ,lIocated on an existin~ PWSF and is more than 15' above the existin~ facility, or, )cated on a publicly used s,ructure not located in a, public right-of-wii)' and is more than 15' the .- b --.£ - -- abo iocated on an existinJ!.S.tructure in-,he BPA trail and isl11.<>.re than 15' above_the existing -- - ~ ocated on an existin~ structure in an appropriate public ri~ht-of-way and is more than 15' - .ture, plus any hei~ht ~ranted under Chapter 22-967(b); or, , )<ated on a buildin~ or structure that is not a residence or school and does not contain a ~ "ided the PWSF is more than 15' above the buiIdin~ or structure 3 ~ - -- eight for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047, A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers 1. gigl Hreo 0' "II. ,~a, . pn.'&F ~. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations. At a minimum, ~ a five (5) foot Type III landscaping ~ shall be required around the facility, unless the community development$ervices directordetennines that the facility is adequately screened 5 New free-Slandin~ PWSFs are allowed subiect to hei~ht limits and collocation provisions PWSFs are allowed on exiSlin~ towers, on private buildin~s and structures, on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public ri~hts.of-way, Refer to Section 22-967 for development standards applicable to allowed types ofPWSFs -- abo August 18, 1999 DRAFT Section 14. Section 22-966 ofthe Federal Way City Code is hereby amended to read as follows: Sec. 22-966. Personal wireless service facilities (PWSF). (a) Purpose. This section addresses the issues oflocation and appearance associated with personal wireless service facilities. It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, collocation of several providers' facilities on a single support structure, and visual mitigation measures are required, unless otherwise allowed by the city, to maintain neighborhood appearance and reduce visual clutter in the city. (b) Definitions. Any words, terms or phrases used in this section which are not otherwise defined shall have the meanings set forth in section 22-1 of this Code. (c) Exemptions. The following antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable development standards as outlined in the Use Zone Charts. Article XI. District Regulations: (1) (2) (3) (4) (5) Wireless communication facilities used by federal. state. or local public agencies for temporary emergency communications in the event of a disaster. emergency preparedness. and public health or safetv purposes. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of Section 22-960. Rooftop Appurtenances. and Chapter 22. Article XIII. Division 5. Height. Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of Section 22-960. Rooftop Appurtenances. and Chapter 22. Article XIII. Division 5. Height. Satellite dish antennas less than two meters in diameter. including direct-to-home satellite services. when used as a secondary use of the property; provided such antennas comply with all applicable provisions of Section 22-960. Rooftop Appurtenances. and Chapter 22. Article XIII. Division 5. Height. 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 (2) feet in length; provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. , PAGE 14 EXH~[~ A P AGE JIf u. ü ~ 1999 DRAFT ORDINANCE NO. 99- DRAFT (6) Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions. or visual impacts of the antenna. tower. or buildings; provided that compliance with the standards of this chapter are maintained. W@ Prioritized locations. The following sites shall be the required order of locations for proposed PWSFs, including antenna and equipment shelters, unless the city elects to modify the prioritization. In requesting proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why a locatiefling the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, based on an assessment of feasibility the sites prioritized locations for PWSFs are as follows: (1) Structures located in the BP Atrail: A PWSF may be located GQn any existing support structure currently located in the easement upon which are located U.S. Department of Energy/Bonneville Power Administration ("BP A") Power Lines regardless of underlying zoning. (2) Existing broadcast, relay and transmission towers: A PWSF may be located GQn any existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location. the applicant shall document why collocation on the existing site or tower is not being proposed. regardless of whether the existing site or tower is located within the jurisdiction of the city. (3) Publicly-used structures: If the city consents to such location, attached to a PWSF may be located on existing public facilities within all zoning districts. such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts; provided the public facilities are not located within public rights-of-way. (4) Appropriate Bbusiness, commercia( and city center zoned sites: Structures or sites used for research and development, commercial and office uses. A PWSF may be located on private buildings or structures within appropriate business. commercial. and city center zoning districts. The preferred order of zoning districts for this category of sites is as follows: BP--Business Park EX H I B ~ If.__A_---- PAGE..l.S-OF -1!- CP-I--Corporate Park OP through OP-4--0ffice Park DRAFT ORDINANCE NO. 99- , PAGE 15 August 18,1999 (5) wæ DRAFT CC-C--City Center Core CC-F--City Center Frame BC--Community Business Appropriate public rights-of-wav: For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSFs shall be separated by at least 330 linear feet. There shall be no more than one PWSF located on an existing structure. Existing structures in appropriate public rights-of-way shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way pennit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector I[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 ofthe right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as detennined by the city. Sec. 22-967. Development Standards (d ) Dc';clopmc1'lt stamiards. The following development standards shall be followed in DRAFT ORDINANCE NO. 99- , PAGE 16 EXHIß~"f ,,,~ August 18,1999 PAGE...&OF'~ DRAFT the design, siting, and construction of a personal wireless service facility. fB PW8Fs shall be screened or camouflaged tm-ough employing the best available technology and design, as determined by the city. This may be accomplished by use of compatible materials, location, color, stealth techniques such as, but not limited to artificial trees and hollow flag poles, and/or other tactics to achieve minimum visibility of the facility as viev¡ed from public streets or residential properties. ~W Building or structure mounted PWSFs not in the right of way. PWSFs may be mounted on nonresidential existing buildings and structures not located in a public right-of-wav shall conform to the following development standards under the following conditions: (1) The PWSF shall consist onlv of the following tvpes of facilities: a. The PW8F consists of a A microcell or a minor facility: or, b. A PWSF that exceeds the minor facilitv thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facilitv, as determined bv the director of communitv development services, subject to meeting all of the following standards: 1. The facility shall not create substantiallv more adverse visual impact than a minor facility: and, 11. The equipment cabinet for the PWSF shall meet all requirements ofFWCC 22-967(e); and, 111. 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, The PWSF shall complv with all other applicable standards of the FWCC. IV. è-.ill The combined antennas and supporting structure shall not may extend more than up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height ofthe underlving zone as outlined in the Use Zone Charts, Article XL District Regulations. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. e-. ill The antennas are mounted on the building or structure such that they are located ,PAGE 17 E)~~~ ~ \, ":.-,þ.. August ]8,1999 PAGEJ.tOF -U- DRAFT ORDINANCE NO. 99- DRAFT and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to Section 967( d). Panel and parabolic antennas shall be completely screened from residential views and public rights-of-way unless meeting the provision of section 22-960(b )(2). (b) PWSFs located on structures within approDriate DubUc rights-of-wav. These facilities shall conform to the following development standards: ill (2) (3) The PWSF shall consist only of the following types of facilities: a. The PWSF consists of a A microcell or a minor facility; or, b. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: 1. The facility shall not create substantially more adverse visual impact than a minor facility; and, 11. The equipment cabinet for the PWSF shall meet all requirements ofFWCC 22-967(e) and FWCC 22-967(f); and, 111. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts; and, IV. The PWSF shall comply with all other applicable standards of the FWCC. The combined antennas may extend up to, but not exceed, 15 feet above the existing structure. This distance may be increased by the minimum necessary additional height to meet the safety clearances required by the operator of the existing structure. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the Use Zone Charts, Article XL District Regulations. The antennas shall be mounted on the structure such that they are located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the ~reatest extent practicaL blend into the existing environment pursuant to Section 967( d). DRAFT ORDINANCE NO. 99- , PAGE 18 EX H I f8Hn~ - - ~- August 18, 1999 P A G EJI 0 F'-2!- (4) (5) DRAFT Structures in appropriate public rights-of-way proposed for location of PWSFs shall be separated by at least 330 linear feet. Required setbacks shall not pertain to PWSFs within public rights of ways. ~Í£Ì Ne\y free standing P'HSFs New free-standinf! PWSFs. These structures shall conform to the following site development standards: a-.ill 9-.0 ill e-.ffi à-.ill e-.íQ) í-.ill Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. Monopoles shall be the only free-standing structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. In no case shall a free-standing PWSFs be located closer than 500 feet to an existing free-standing PWSF whether it is owned or utilized bv the applicant or another provider. A free-standing PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks ofthe 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 free-standing PWSFs shall be 20 feet for front. side. and rear yards. Free-standing PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: -l-.a. Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or 2:.Q. Use existing site features as a background so that the total PWSF blends into the background with increased sight distances. In reviewing the proposed placement of a facility on the site and any associated landscaping the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which , PAGE 19 EX Hi Ü I A AugustJ.8,.. 1999 P A G E.l.!.. u ~~.-u- DRAFT ORDINANCE NO. 99- DRAFT the PWSF would be viewed from a majority of points within its viewshed. The Pproposed color or color scheme te shall be approved by the hearing examiner or community development director as appropriate to the process. (d) ScreeninJ! standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technology and design, as determined by the city. This may be accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition, the provisions for landscaping as outlined in the Use Zone Charts, Article XL District Regulations, shall apply. ~ill Standards for electronics equipment enclosures. a-.ill b-.ill Equipment enclosures shall be placed underground if practicable. The following shall be the required order of locations for proposed electronic equipment enclosures for all PWSFs. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosure in each of the higher priority locations and document. to the city's satisfaction, why a locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows: (a) Equipment enclosures shall be placed underground. (b) Equipment enclosures shall be placed in an existing completely enclosed building. (c) Equipment enclosures shall be placed above ground in an enclosed cabinet that shall not exceed six feet in height and occuPy more than 48 square feet of floor area, including areas for maintenance or future expansion. (d) Equipment enclosures shall be placed above ground in a new completely enclosed building. If above ground, screening of PW8F equipment enclosures shall be provided screened with one or a combination of the following materials methods, which screening shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure as much as to the greatest extent possible from any street and/or adjacent properties~ as determined by the director of community development services. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. , PAGE 20 EXH ~ [f3! A8.,llgUSt 18, 1999 PAG E..u. 0 r-1C DRAFT ORDINANCE NO. 99- (3) (4) DRAFT Landscaping for the purposes of screening shall be maintained in a healthy condition, as determined by the city. Except for equipment enclosures in public rights of ways, enclosures shall be located outside of required setback areas. If the equipment cabinet is located within a new completely enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The completely enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The completely enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. (D Additional standards for equipment enclosures for PWSFs located on structures within appropriate public rif!hts-of-wav: (1) The following shall be the required order of locations for proposed electronic equipment enclosures for PWSF located within public rights-of-way. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosures in each of the higher priority locations and document, to the city's satisfaction, why a locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows: (a) (b) (c) (d) (e) Equipment enclosures shall be placed underground on an adjacent property outside ofthe public right-of-way. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an existing completely enclosed building. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occupy more than 48 square feet of floor area, including areas for maintenance or future expansion. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in a new completely enclosed building. Equipment enclosures shall be placed underground within the public right- DRAFT ORDINANCE NO. 99- , PAGE 21 EXH~r~:"7--'- It August 18,1999 PAG E--2L OF -JI (2) (3) (4) DRAFT of-way. (f) Equipment enclosures shall be placed above ground within the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and OCCUpy more than 24 square feet of floor area. including areas for maintenance or future expansion. Equipment enclosures shall be designed. located. and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. Equipment enclosures shall be designed. located. and screened to minimize adverse visual and functional impacts on the pedestrian environment. Equipment enclosures and screening shall not adversely impact vehicular sight distance. e-. No wireless equipment reviev{ed under this seetion shall be located within required building setbaek areas. ~(g) Securitv Fencing. Security fencing, if used, shall conform to the following: a-.ill b-.ill e-.ill No fence shall exceed six feet in height as stipulated in section 22-1133(5). Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. Chain-link fences shall be painted or coated with a nonreflective color. ~iliì Cumulative Effects. The city shall consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether the additional permits eaR may be granted so as to not adversely effect the visual character of the city. f+1ill Siznage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for signs used for identification and name of provider. ff)(j ) (1) Use zone charts, height and permit process. The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the Use Zone Charts, Article XI, District Regulations. DRAFT ORDINANCE NO. 99- , PAGE 22 EX H} A P AGE...u u ~,~' 1999 DRAFT (2) Allowed heights shall be established relative to appropriate process as outlined in the Use Zone Charts, Article XI, District Regulations. Sec. 22-968. Nonconformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 22, Article IV, Nonconformance, to bring the property into conformance as follows: (a) To provide the public improvements required bv Chapter 22, Article XVI, Improvements, as stipulated in Section 22-336. (b) To bring the property into conformance with the development regulations prescribed in Chapter 21 relating to water quality as stipulated in Section 22-337(a)(7). All other requirements of Section 22-337 to bring the property into conformance with the development regulations prescribed in Chapter 21 relating to water quality shall apply. Section 22-969. Temporary Personal Wireless Service Facilities. As determined by the director of community development services, a temporary personal wireless service facility, or cell-on- wheels, may be deployed and operated as follows: (a) F or a period of 90 davs during the construction of a free-standing PWSF which has been approved through the appropriate permit process; provided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell-on- wheels shall be permitted for a single site. (b) For a period of30 davs during an emergency declared by the city, state, or federal government that has caused a free-standing PWSF which has been approved through the appropriate permit process to become involuntarily non-operational; provided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. (c) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the director of community development services in order to guarantee performance of future removal and restoration of the site. Section 22-970. Application Requirements. (g) Applictltion rcqlÚrements. (a) Except for Temporary Personal Wireless Facilities, P12ermit applications made under this section shall include the following minimum information in addition to that required for the underlying permit review process: DRAFT ORDINANCE NO. 99- , PAGE 23 EXHIB~ ..A.., "'--"- PAGE.uOF~'999 (5) (6) (7) (8) DRAFT (1) A diagram or map showing the primary viewshed of the proposed facility. (2) Photo simulations of the proposed facility from effected properties and public rights-of-way at varying distances. (3) Architectural elevations of proposed facility and site. (4) A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. The explanation shall include an analysis of altematÍ'.'e sites and why the requested site is preferred over other possible locations the feasibility of locating the proposed PWSF in each of the higher priority locations as identified in Section 22-966(d), and documentation of why locating the PWSF in each higher priority location and/or zone is not being proposed. An inventory of other PWSF sites operated by the applicant or other providers that are either in the city or within .1Lone mile of its borders radius of the proposed PWSF location, including specific information about location, height, and design of each facility. A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. If the PWSF electronic equipment cabinet is proposed to be located above ground, regardless of the proposed location, whether on private or public property or within public right of way, an explanation of why it is impracticable to locate the cabinet undergrouund. If the equipment cabinet is proposed to be located in a public right-of-way, an explanation of why it is impracticable to locate the equipment cabinet on adjacent property outside the public right-of-way. fBm Documentation of efforts to collocate on existing facilities. f&fQ.Q} Other information as deemed necessary by the community development director. (b) Permit applications for Temporary Personal Wireless Service Facilities shall include the following minimum information: (1) Documentation of previously permitted facility. DRAFT ORDINANCE NO. 99- , PAGE 24 EXH I B H~ _Å._- PAGE-tjOF August 18, 1999 -1-1- DRAFT (2) Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries. including dimensions from the property lines and height of proposed facilitv. (3) Photographs of the proposed facility. Section 22-971. Collocation. (h)Cellecetiol'l. fBM A permittee shall cooperate with other PWSF providers in collocating additional antenna on support structures and/or on existing buildings and sites provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. ~(Q} A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. Section 22-972. EMF Standards and Interference. (i) EAfF standards a."id il'ltcrftrcl'lcc. fBW The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions-,- aftà compare the results with established federal standards. and provide a statement that the EMF emissions are within established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If on review, the city finds that the PWSF does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed. ~(Q} The applicant shall ensure that the PWSF will not cause localized interference with the reception of area television or radio broadcasts or the functioning of other electronic , PAGE 25 EX~%i~O-\ A PAG E.llu I- ii=1999 DRAFT ORDINANCE NO. 99- DRAFT devices. If on review of a registered complaint the city finds that the PWSF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed. Section 22-973. Removal of Facilitv. ffi Facility rcl'1'leml. fBW Abandonment and removal. The owner or operator of a PWSF shall provide the citv 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, +!he owner or operator of a PWSF shall notify the city in writing Hf**!: of the discontinued use abandonment of a particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner within 90 days of the date the site's use is discontinued PWSF is abandoned, it ceases to be operational, 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 could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (b) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially abandoned PSWF shall notify the city in writing of the partial abandonment of a particular facility within 30 days ofthe date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the PWSF. If another service provider is not added to the PWSF within the allowed 120 day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted. ~(c) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon W 210 days of its discontinued use abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility has been is located. If the property ovmer fails to remove the facility within 30 days of notification by the city, the city or its agent may enter upon the subject property and cause the facility to be remo','ed at the property o'.vner's expense. The city shall then send to the property owner a ','erified statement of the cost of eKpenses. The property owner shall be liable for the payment of such costs and expenses. In the event the property o\vner fails to pay the costs and expenses, the city may file a lien against the property owner's real property in the amount of such costs and expenses and record such lien with the King County Records Office. The city may enforce this paragraph using the procedures as set forth in FWCC, Article 3, Section 1-14. , PAGE 26 EXHIB~rr"...A",.,.. '::A~, 1999 PAGE-»-OF'-Q- DRAFT ORDINANCE NO. 99- DRAFT Section 22-974. Permit Limitations. W Permit limitations. fi'Kill A permit for a PWSF shall expire ten years after the effective date of the permit approval, unless earlier revoked by the city. A permittee wishing to continue the use of a specific PWSF at the end of the ten-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application shall comply with all applicable laws and regulations dictating new permit issuance. In ruling on said renewal the city shall consider all then existing regulations effecting the application that are appropriate to the technology and use. f2-)(Q} Five years after the date of the city's approval effective date ofthe land use process approval of a PWSF" the permittee or assignee shall submit a written statement summarizing its current use and plans, if any, for that facility/site for the next five years to the best of their knowledge. tBw Consistent with the provisions of Section 22-408, A£!n approved permit for a PWSF shall be valid for one year from the date of the city's approval effective date of the use process approval, with opportunity for a one-year extension. If not used a building permit application is not received within one year of the effective date of the use process approval, or within the extension period, the permit use process approval shall become null and void. Section 22-975. Revocation of Permit. fB ReWiCtltiol'l (}f permit. A permit issued under this article may be revoked, suspended or denied for anyone or more of the following reasons: fBÚ!l Failure to comply with any federal, state or local laws or regulations; f2-j(b) Failure to comply with any ofthe terms and conditions imposed by the city on the issuance of a permit; tBw When the permit was procured by fraud, false representation, or omission of material facts; f4j@ Failure to cooperate with other PWSF providers in collocation efforts as required by this article; tBw Failure to comply with federal standards for EMF emissions; and DRAFT ORDINANCE NO. 99- f6jill Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. EX Ii H ,. Augßm, 1999 PAGE.llUr"-U- , PAGE 27 DRAFT f+j{g} Pursuant to Section 22- 7( c), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. Section 15. Section 22-1473 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-1473. When public improvements must be installed. (a) The applicant shall provide the improvements required by this article if the applicant engages in any activity which requires a development permit, except for the following: (1) The applicant need not comply with the provisions of this article if the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an MAl appraisal provided by the applicant) of all structures on the subject property, whichever is greater. (2) The applicant need not comply with the provisions of this article if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (3) The applicant need not comply with the provisions of this article if the proposal is to locate a Personal Wireless Services Facility (PWSF) on the subject property. (b) Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are imposed by the city as part of the subdivision or short subdivision approval. Section 16. Severability. The provisions of this ordinance are declared separate and severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 17. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of , 1999. , PAGE 28 EXH~[' A P A G E-2.8 V r ~' 1999 DRAFT ORDINANCE NO. 99- DRAFT ATTEST: N. CRISTINE GREEN, CITY CLERK APPROVED AS TO FORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: DRAFT ORDINANCE NO. 99- , PAGE 29 APPROVED: RON GINTZ, MA YOR EXHJlt?~ A PAGEMOF ---H- August 18, 1999 CITY OF FEDERAL WAY PLANNING COMMISSION REPORT July 21,1999 Personal Wireless Services Facilities (PWSF) Federal Way City Code (FWCC) Text Amendment A. INTRODUCTION The current City of Federal Way Personal Wireless Services Facilities (PWSF) review process, siting priorities, and development standards were established on September 19, 1997, through the adoption of Ordinance No. 97-300. The Personal Wireless Services Facilities Ordinance was codified as Section 22-967 of the Federal Way City Code (FWCC). As part of its regular review of development regulations, staff has identified several aspects of the regulatory framework for PWSF s which are in need of amendment. This is due largely to rapidly changing telecommunications technology and the resulting siting preferences of the telecommunications industry. Attached is a Draft Ordinance which identifies the proposed text amendments to the city code regulations regarding PWSF. The draft ordinance has been prepared in "line-in/line- out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for city code text amendments. Consistent with Process VI review, the role ofthe Planning Commission is as follows: . To review and evaluate the proposed city code text amendment regarding PWSF; . To determine whether the proposed city code text amendment meets the criteria provided by FWCC Section 22-523; and, . To forward a recommendation to City Council regarding adoption of the proposed city code text amendment. B. BACKGROUND 1. Section 704 of the Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of PWSFs, provided that regulation not discriminate among providers of functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of personal wireless services. Exunr-' 8 InHi b~. -. P AGEL u F.If-L- The proposed Personal Wireless Services Facilities (PWSF) Federal Way City Code (FWCC) text amendment is consistent with the intent and purpose of the Federal Telecommunications Act of 1996 and RCW 80.36.375, which partially preempt a city's authority to regulate personal wireless service facilities. 2. Text sections ofFWCC Chapter 22, Zoning, regarding review processes and development standards for PWSFs are being amended based on: (a) Input from various city departments. Although the Planning Division has taken the lead in preparing the draft ordinance, the Legal Department and Public Works Development Services and Traffic Divisions have also made substantive contributions. (b) Changes in personal wireless services technology; (c) Changes in state law relative to PWSF; and, (d) Housekeeping needs to improve the organization of the city code or the wording of the city code text. 3. The proposed city code text amendments were developed based on the following needs identified by staff: (a) Establishment ofa process for regulation of temporary/mobile PWSFs towers; (b) Modification of the definition of a minor PWSF to match existing technology and clarification of the conditions under which a minor PWSF may be collocated on existing structures and buildings; (c) Assessment and identification ofthe requirements and process for locating PWSFs within public rights-of-way; and, (d) Clarification of the city code review processes, review criteria, siting priorities, and development standards for PWSFs. 4. An Environmental Determination of Non significance (DNS) was issued for the proposed Personal Wireless Service Facilities Federal Way City Code Text Amendment on June 26, 1999. As a component of issuing the Environmental Determination, the DNS was published in the Federal Way Mirror. The appeal period for the DNS ended on July 12, 1999, with no appeals filed. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EXHIBIT ---- P A G E...L 0 F ~ 21, 1999 Page 2 5. A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft Ordinance which identifies the proposed text amendments to the city code regulations regarding PWSFs were mailed to the following personal wireless services providers: . Airtouch Cellular; . AT&T Wireless; . GTE Wireless; . Nextel Communications; . Sprint PCS; . US West Wireless; and, . Western Wireless. 8 EXHIBIT--' PAGE-LOF .AIL- City of Federal Way Planning Commission Report PWSF FWCC Text Amendment .. July 21,1999 Page 3 ~~ G):E: m- OJ I L=i 0 ~ C. SUMMARY OF THE PROPOSED PWSF, FWCC TEXT AMENDMENT The proposed city code amendments can be grouped into the following three categories: 1. 2. 3. Amendments to city code definitions; Amendments to use zone charts; and, Amendments to city code text. The following table summarizes each of these three categories of proposed amendments to FWCC Chapter 22, Zoning, regarding PWSFs. Please note that the PWSF development regulations have been extensively reorganized and renumbered as a housekeeping function. 1. City Code Definitions FWCC Page( s) of Draft Section Ordinance Discussion 22-1 2 . A new definition has been added for abandoned PWSFs in order to encourage the removal or reduction in height of existing antennas, monopoles and towers when these facilities become obsolete or redundant within the personal wireless services provider's system. . A new definition has been added for temporary/mobile PWSFs in order to regulate the use of this equipment within the city. 2. Use Zone Charts FWCC Page( s) of Draft Section Ordinance Discussion 22-614 3 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note 1 clarify that PWSFs are allowed on existing facilities only in the SE zone. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the SE zone. (!:urrently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. . The changes to Note 2 also allow the location of a PWSF on an existing structure in an appropriate public right-of-way. Currently, a review process, siting prioritization, and development standards for location of a PWSF on an existing structure in public rights-of-way is not established. Appropriate public rights-of-way are defined in Section 22-966(d)(5). Applicable development standards for PWSFs located in appropriate public rights-of-way are established in Section 22-967(b). City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July 21,1999 Page 4 ;gm (j)~ m- OJ r::¡ 0 ~ FWCC Page(s) of Draft Section Ordinance Discussion . The changes to Note 3 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 4 are for clarification of the allowed types of PWSFs in the SE zone. 22-649 4 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note I clarify that PWSFs are allowed on existing facilities only in the RS zone. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the RS zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. . The changes to Note 2 also allow the location of a PWSF on an existing structure in an appropriate public right-of-way. Currently, a review process, siting prioritization, and development standards for location of a PWSF on an existing structure in public rights-of-way is not established. Appropriate public rights-of-way are defined in Section 22-966(d)(5). Applicable development standards for PWSFs located in appropriate public rights-of-way are established in Section 22-967(b). . The changes to Note 3 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 4 are for clarification of the allowed types of PWSFs in the RS zone. 22-681 5 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note I clarify that PWSFs are allowed on existing facilities only in the RM zone. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the RM zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. . The changes to Note 2 also allow the location of a PWSF on an existing structure in an appropriate public right-of-way. Currently, a review process, siting prioritization and development standards for location of a PWSF on an existing structure in public rights-of-way is not established. Appropriate public rights-of-way are defined in Section 22-966(d)(5). Applicable development standards for PWSFs located in appropriate public rights-of-way are established in Section 22-967(b). . The changes to Note 3 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 4 are for clarification of the allowed types of PWSFs in the RM zone. 22- 700 6 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note 1 clarify that PWSFs are allowed on existing facilities only in the PO zone. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the PO zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. . The changes to Note 2 also allow the location of a PWSF on an existing structure in an appropriate public right-of-way. Currently, a review process, siting prioritization and development standards for location of a PWSF on an existing structure in public rights-of-way is not established. Appropriate public rights-of-way are City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July 21,1999 Page 5 ~m G>~ m- r!! 9 ì ."". FWCC Page(s) of Draft Section Ordinance Discussion defined in Section 22-966(d)(5). Applicable development standards for PWSFs located in appropriate public rights-of-way are established in Section 22-967(b). . The changes to Note 3 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 4 are for clarification of the allowed types of PWSFs in the PO zone. 22- 730 7 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . Changes to Note I clarify that PWSFs are allowed on existing facilities only in the BN zone. . The changes to Note 2 clarify the applicable review processes and the allowed types ofPWSFs in the BN zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. . The changes to Note 2 also allow the location of a PWSF on an existing structure in an appropriate public right-of-way. Currently, a review process, siting prioritization and development standards for location of a PWSF on an existing structure in public rights-of-way is not established. Appropriate public rights-of-way are defined in Section 22-966(d)(5). Applicable development standards for PWSFs located in appropriate public rights-of-way are established in Section 22-967(b). . The changes to Note 3 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 4 are for clarification of the allowed types of PWSFs in the BN zone. 22- 762 8-9 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note I clarify the setback requirements for new freestandiDg PWSFs. The city code currently does not specify setbacks for undeveloped sites. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the BC zone. CurreDtly, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. Additionally, the changes track state law regarding SEPA exemptions for minor facilities. . The changes to Note 3 are for housekeeping purposes. . The changes to Note 4 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 5 are for clarification of the allowed types of PWSFs in the BN zone. 22-802 10-11 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note 1 clarify the setback requirements for new freestanding PWSFs. The city code currently does not specify setbacks for undeveloped sites. . . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the CC-C . zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. Additionally, the changes track state law regarding SEPA exemptions for minor facilities. . The changes to Note 3 are for housekeeping purposes. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July 21,1999 Page 6 ~~ G):C m- to ~= =::,~-=~ 'J 0 ~ FWCC Page(s) of Draft Section Ordinance Discussion . The changes to Note 4 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 5 are for clarification of the allowed types of PWSFs in the CC-C zone. 22-817 12-13 . Changes to the process, height, landscaping, aDd signs columns of the table are for housekeeping purposes. . The changes to Note I clarify the setback requirements for new freestanding PWSFs. The city code currently does not specify setbacks for undeveloped sites. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the CC-F zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. Additionally, the changes track state law regarding SEPA exemptions for minor facilities. . The changes to Note 3 are for housekeeping purposes. . The changes to Note 4 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 5 are for clarification of the allowed types of PWSFs in the CC-F zone. 22-835 14-15 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note I clarify the setback requirements for new freestanding PWSFs. The city code currently does not specify setbacks for undeveloped sites. . The changes to Note 2 clarify the applicable review processes and the allowed types ofPWSFs in the OP and OPI-4 zones. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. Additionally, the changes track state law regarding SErA exemptions for minor facilities. . The changes to Note 3 are for housekeeping purposes. . The changes to Note 4 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 5 are for clarification of the allowed types of PWSFs in the OP and OP 1-4 zones. 22-871 16-17 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note I clarify the setback requirements for new freestanding PWSFs. The city code currently does not specify setbacks for undeveloped sites. . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the BP zone. Currently, the city code does not specify the review process if a PWSF over 15 feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. Additionally, the changes track state law regarding SErA exemptions for minor facilities. . The changes to Note 3 are for housekeeping purposes. . The changes to Note 4 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 5 are for clarification of the allowed types of PWSFs in the BP zone. 22-906 I 8-19 . Changes to the process, height, landscaping, and signs columns of the table are for housekeeping purposes. . The changes to Note I clarify the setback requirements for new freestanding PWSFs. The city code currently does not specify setbacks for uDdeveloped sites. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July21,1999 Page 7 ;gm G)~ m- III i-,~ 0 F FWCC Page( s) of Draft Section Ordinance Discussion . The changes to Note 2 clarify the applicable review processes and the allowed types of PWSFs in the CP-I zone. Currently, the city code does not specify the review process if a PWSF over IS feet in height is located on an existing facility. The changes clarify that a variance is required for PWSFs over the 15 foot height limit. Additionally, the changes track state law regarding SErA exemptions for minor facilities. . The changes to Note 3 are for housekeeping purposes. . The changes to Note 4 are for clarification of the landscaping requirements for PWSFs. . The changes to Note 5 are for clarification of the allowed types of PWSFs in the CP-l zone. 3. City Code Text FWCC Page(s) of Draft Section Ordinance Discussion 22-966 20-22 . Section (c) has been added to clarify that the listed types of antennas are exempt from regulation as PWSFs. The drafting of regulations for ricochet-type antennas is currently on the Community Development Staff Work Plan. . Changes to Sections (d) and (d)(l) are for housekeeping and clarification purposes. . The changes to Section (d)(2) are to encourage collocation ofPWSFs on existing towers if the existing towers can meet the network requirements of the personal wireless service provider. . Changes to Sections (d)(3) and (d)(4) are for housekeeping and clarification purposes. . Section (d)(5) is a new section which allows location of PWSFs on existing structures in appropriate public rights-of-way. Based on input from the Traffic Division, the functional street classification system has been used for a prioritization in order to ensure that adequate right-of-way width is available, to mitigate adverse impacts to residential neighborhoods, and to minimize traffic disruptions. 22-967 22-27 . The section has been reorganized to provide separate sub-sections of development standards for different types of PWSFs. As a result, this section has been extensively renumbered for housekeeping purposes. . Section (a) provides development standards for PWSFs located on existing buildings or structures outside of public rights-of-way. . Section (a)( I) codifies a Community Development Director's city code interpretation regarding review processes for PWSFs that do not meet the definition of minor facilities. . Section (a)(2) exempts the first 15 feet of PWSFs from maximum height requirements if located on a building that is nonconforming with height requirements. Although this will increase the existing nonconformance of the building, the increased nonconformance will result in less impacts than the construction of a new free- standing PWSF tower. . Section (b) is a new sub-section which provides development standards for PWSFs located on existing structures in public rights-of-way. PWSFs in public rights-of-way will be required to be separated by a linear distance of 330 feet (i.e. one block). City of F'ederal Way Planning Commission Report PWSF FWCC Text Amendment July 21,1999 Page 8 ~m (j)~ m- m ~,~ 01 l-", ~ t..- #\' FWCC Page( s) of Draft Section Ordinance Discussion . Section (c) provides development standards for new free-standing PWSFs. A 500 foot separation requirement between towers has been added. Setback requirements for undeveloped sites have been added. . Section (d) has been renumbered for housekeeping purposes. . Section (e) has been amended to encourage undergrounding of PWSF equipment enclosures and to clarify screening requirements for above-ground equipment enclosures and setback requirements. . Section (f) has been added to provide standards for equipment enclosures for PWSFs in public rights-of-way. Based on input from the Public Works Traffic Division, equipment enclosures should be located outside of rights-of-way on adjacent properties to mitigate functional and aesthetic impacts. . Sections (g), (h), (i), and U) have been amended for housekeeping purposes. 22-968 27 . Based on input from Public Works Development Services Division, PWSFs should be exempted from . Donconformance requirements to provide frontage and water quality improvements based on the value of the ipWSF improvements. The nexus between the impacts of the PWSFs and the nonconformance requirements is not sufficient to require the improvements. However, if the PWSF is to be located in a drainage basin that drains to a sensitive area or that has documented water quality issues, or the nexus is sufficient, and the PWSF will be required to provide water quality improvements. . Please note that Section 22- 1473 is proposed for amendment on Page 32 of the Draft Ordinance in order to ensure consistency within the city code. 22-969 27-28 . This is a new section which has been added to regulate temporary/mobile PWSFs. . One temporary/mobile PWSFs may be located on a site where a PWSF has been legally permitted. The temporary/mobile PWSF may be located on the site for 90 days subsequent to land use approval during the building permit review process and prior to construction of the permanent PWSF. Additionally, if a PWSF becomes involuntarily non-operational during an emergency, one temporary/mobile PWSF may be located on the site for a 30 day period. Under both of these circumstances, approval of the temporary/mobile PWSF shall be on a "first-come, first-served" basis. 22-970 28-29 . The application requirements section should be amended to reflect the proposed changes to the development standards section discussed above. . Section (b) provides application requirements for temporary/mobile PWSFs to reflect the proposed regulations for these types of facilities. 22-971 29-30 . The changes to these sectioDs are for housekeeping and clarification purposes. 22-972 22-973 30-31 .. The changes to this section are proposed iD order to encourage the removal or reduction in height of existing antennas, monopoles, and towers when these facilities become obsolete or redundant within the personal wireless services provider's system. . Based on input from the Legal Department, this section has been amended to ensure consistency with other chapters of the FWCc. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July 21,1999 Page 9 ø ~~ G>:I: m- al ~~ 01 .~ -"' FWCC Page(s) of Draft Section Ordinance Discussion 22-974 31 . The changes to this section are to ensure consistency with the permit limitations provided in other sections of the city code. 22-975 31-32 . The changes to this section are to ensure consistency with the permit revocation provisions of other sections of the city code. 22-1473 32 . Based on input from Public Works Development Services Division, PWSFs should be exempted from nonconformance requirements to provide frontage and water quality improvements based on the value of the PWSF improvements. The nexus between the impacts of the PWSFs and the nonconfonnance requirements is not sufficient to require the improvements. However, if the PWSF is to be located in a drainage basin that drains to a sensitive area or that has documented water quality issues, or the nexus is sufficient, and the PWSF will be required to provide water quality improvements. . Please note that Section 22-968 regarding exemption from nonconfonnance public improvements requirements is proposed to be added to the PWSF city code Section on Page 27 of the Draft Ordinance in order to ensure consistency within the city code. I City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July2l,1999 Page] 0 ~m G>~ m- m I-~ 0 F ~\t<I D. COMPARATIVE ANALYSIS OF EXISTING AND PROPOSED PWSF REVIEW PROCESSES The following tables identify the allowed PWSF types and locations and the applicable review processes by zoning district. Table I is based upon the current FWCC. Table II is based upon the proposed city code text amendment. PWSF on an existing PWSF or publicly used structure not located in public right-of-way, less than 15' above PWSF or structure <15' above building or structure >15' above building or structure <15' above building or structure >15' above building or structure Process III Process III Process III Process III Process I Process I Process I Process 1 Process I Table I: PWSF Regulatory Processes Under the Current FWCC ~ ~~.__.._..._--------_.__.-._.__._-_.-~-_._- _.~- .~-.-. --- .. I'; Zoning J)i~trict - - .. Tyg~. .?f P\-~SF Height! S£ ~ I' RS I Rì\'I.,L~FQ ,-I. BN ì BC CC-C 'I CC-F i OP, ~ . BP CP-l anðEocahon : .___~__L. I OPl-4 L PWSF on a privatc ! < 15' above ì\ot: ì\ot Not! ;-.Jot i NOl i Process I Proccss I I Process I I Process I : Process I ~ Process I building or structur.: ! building or ,allDwell allowed allowcd: allowed: allowed I ! I I that is not a residence structure 1 i,;;' . I . ---.--... --,--..-. .---.--.. ._-_.__._~---_._~. .. -_.-J._--..-.._...-_.~---_.-..------I.._...__.:~--_..' or a school and does ~~'15' above i ~ot . ~ot :\ot i l\ot ~Ol I :\Ol ~ot I ~ot Not. ;-Jot '\ot not contain :ì building or ! defined: defined I defined I defined dcliIl<.:d' defincd : defined! defincd I defined ! detined I d~fined residence O~~I SC~1~~~__structure .~____-L----:-_.- I ~-_...._._---1-_. ..: --------' i PWSF on a private I < 15' above [\ot i 1\ot ~ot ~ot. :\01 ¡Process! Process Process ¡Process; Process, Process building or structure! building or ¡ allowed' allowed allowed, allowed i allowed I [II ' III I III III I III! III ::~¡~~i~:~:~~~;!i~;: I!~~~:t:>~; :- d~~~~j-~~~~~~~~~¡~~d-: d~~~~d~~~~dul d~~~~::~~¡~~:i d~~~~¿-~;~~~d ~I de~~~d ¡ de~~~d less than] 5' above structure building or structure PWSF on an existing structure located within the BPA trail, less than 15' above existing structure Process III Not defined Not defined Not defined Not defined Not defined Not defined Not defined Not defined Not defined Not defined Process III Process III Process III Process III Process III Process I Process I Process I Process I Process I Not defined Not defined Not defined Not defined Not defined Not defined Not defined Not defined Not defined Not defined City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July 21, 1999 Page II Process I Not defined Process I Not defined ;s. ----.--..-- Ne\~- i'r":~~:'dnJliig PWSI'. ll1onopok consmlCIIOil, on a priv,~tc ~itc Type of P\VSF and Location PWSFonancxistin~ '<IS' above . building or struClLm: . . '1-5~ ¡Ü10\C-" ; :\01" . ~'{;i---T-m':\ot \ot building or ddi:H:d: ddill~d ; dctil1l:d ¡ defined ¡structUre ¡ ! ~ ""-r'r'he:::mi::l:ïlii; "'\0¡-"1-"\01-'" ~ot I Nol"". ncccss,!ry to I allnweLl : allowed allowed: allowed . pr<.J\¡d..: li:e I servic\:.' lip 10 100',:,illsan~ I hei!!hl I !!ra;¡¡,;d lIIHkr ; : t:haptcr 22- . 10:17. i I kight 111\" he I incr~ascd-lip I to 120' if I I there arc two I . -_.._.__.___L~;{:~:~'~r~~..._~ "'---I¡-._...._L___~' - New frccstanLlirJ!! ¡\ lattice. \ot Not' No! Not PWSF, lattice ¡(l~~'er I to\\er of I allowed allowed: allowed allowed co.nstruc.~io.n. Oil a : >t\~C~I\I~tr I : I I prIvate sllc ; ,0 1.0 \ 1.1 I I be allo\\cd! ! : : '1'1<1""'1 . . i ~':'I1l~:i:)cd ; Height . SE ; , ;----.~-othoi..__i : ddined i defined RS .. Zoning District . :,p~tu B~~.._ß~-_._J_~C-~J CC-F -t~~~:4 i ~o( ; 1\01 \I)! ;\0:: \or ! Not I defined, defined ddilled. delìn~d defined' dclìned BP I . CI)-l ¡ ; .L- structurc in an appropria:c ;lllblic rigr::-ot'-\\ a: ~Ol defined I Not ; defined ~()[ defined \ot ; -"R'(;-l---~'-U\O¡ .. -'Nol~ -.. '~õi ¡. f-it)'t -.- - "-"--:\01 : (:d:ned . de::ncd : ddin..:d . defined I ddined i defined defined . i: I i i . '----ì\:I~t-"-" ï'l:oc-~s---"-l'roce~;'! u¡ï¡:o¿ess ' Process---t ¡;ï-õCe5sifTI)ccSS : aHoweli III III III III I III III , ¡ . -¡\;--O¡---Ï>rocess i '-¡ïrocess -..:. Proccšs , allowed! IV ! IV I IV Process IV Process IV Process IV m Jþ)( G>:c m- I--~.. J-I=f ~ *-/ City of Federal Way Planni F ' PWSF FWCC Text Amendment apFl:ca::on 0:. fo!:r nl" 1:10:\: ;1;."\:(1.::., --'-'.' .-- i I ..-L-. ,.--...-.. -.-'-.." "-.-" .-- July 21,1999 Page 12 Type of ~~'\;Sf--""l-~~~ig~t"- i ..,-, ~SE =1 ~Ï~-S ~-T- ~:~~- I -;0 ~~',~~~: B-~...,~-(~"-~i~isi~!~~~~~~~~.,.:..'; ~~~--~.._- ;----'r ancILocat~~t ---_L..- I ._--_:. - -: ..___L__.._...~--_. -,._--_..1.,-,., _.......L_,-_..;.. OPl~:!....~ PWSF on ~; p:'iv,!l~ : .: 15' ahovl:; ~Ol ' :\ot ! ~ot i :\01 ¡ :\0; I'ro~ess I I'ro¡;..:ss! l'roœss I !'rocö~ I : Process I building 0:- ~:ru;':llIr..: building or ,tllo\\l:d al:o\\ù! allowl.:d' allowl'C ,tllowe,!' that is not a :'I:~idi.:ncc i strUl.:1Url:! I , or a schou I and dUl:5 ._~ S" abuvë'-'" '-~()t --, \0:- -'-'¡\;"(;¡-'" -¡ . :--Joï ...-:-- :\-l;-I-- not contain ,\ rcsidl:nce ¡building ur : alIO\..ùJ ¡ allowed, allowed allowed allowed or a school ' strucllIrc I I ¡ , ---- ,,--.---..-,-...----.- -..-----'-----.------+---., ---1-..----..,---'-..,. --... ._, ..-.. PWSF on a private I < 15" above ~ot j\;ot! Not I' Not ¡ ~ot J Process building or structures building or , alk)\\ed 'I allowl:d allowed allowl.:d allowed! III , that is a rl:sidenC\.: or a ! structure I , ¡ ! ---.-, -.-.,--.,-- -.1 -. . --""-------"------' school or contains a ¡ > 15' abovl.: ' ~ot ~ :\ot I ~ot i ~l)l i ~Ol S/-:PA SEPA SEP¡\ residence or a school. I build in!! or ,allowed allowed: allowed I allowed' allowed! ad ; and! and ." - ¡I,. ,,. . . less than I) above structure! J ¡ \: anance ' \: anancl: V,lIÏance building or struclurl: I ' ! I ¡ PWSF OD an existing! <15' above, Process, Process Process 1 Process structure located i building or! III I III i [II I [II within the BPA tr;1il. : structure " less than ¡ S' ,Ibm;,: :-::15' a-6o\'1: '¡---SLI'¡\ "'-¡-SEP/\' -.---, sTJ5i\---:""'--ŠEPi\ ...--.. S'[p¡\ ---\i;'lriai1c-z;-I--Ya':Til1c':--Yarian'ce l- Vari¡iiiet: --Variance ¡existing stn:cture I building or . and and ¡ and: ¿lnd ! alai :1 ' slruclun: V;lrianc;,: Varial1l:;': Variancl:! Variancl: Vari~lI;u,: PWSF on :1:-1' ..:\ :"s'i"ï"ng. .. ..;. ,T:")' ,iFZ1\": --.., !'::~JC~ss""; -pï'~!~cSS' ;- I'r;';ce~s '-'-h"l;-œ'ss ,-_... I'r;;;:'l~SS PWSF or j!ublicl; :)lIilding lJJ" III III! III ¡ III 1:1 .Ised struc:lIr..: Ill>! s!ruclllrc . I ' , ,.--..-..-.-----,.,-..--. ---,-,-,-",,--,'--"----"'-"----"--'-- n_- ,- --- -'- '-'--'" ocated in Fublic r:ght- ; ':-:-Ts':-¡i¡:;o'\,c ¡ SLI'A i SEI'¡\ I SEI'¡\ SEI'A! SI"Pi\ 'Va:':ancc VM:aI1CC V,~:'ialìce V,:r:an¡;c Variance of-way, kss than 15" ,building or and anu! and I and al~d above PWSF or i s:ructur..: ,Variance' Variance. Variancl: Variance: Va:'ia:1Cl: structure ~._--,...l_--,--, L____l_._.,_~_...__. -....____L____- Table II: PWSF Regulatory Processes Under the Proposed City Code Text Amendment v';u-j¡ïn¡,;~'--'Var;:~lc~ . Vãi'¡al1ce- v,ii:'¡an-c~ . "Variance l)¡:-ocess' ""---Fi.;iccss _,m procëss III III [II ~ G)~ m [C~ F." 0; " FI SEPA and Variance Process III i -! SErA and Variance Process 1Il Process I Process I ' Process I ! Process I : Process I ['rpcess : ':'pc.:ssT' i;!:~~":.:'s-sï :~¡(~;;sï '-Process I City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July21,1999 Page 13 Variance Process III SEPA and Variance Process I Variance Process I Variance c-.. 1=""'" ----.-.-.-- ~.. ,.. Zoning District-- -..-. Height L._,_~~--~S ! RM ',1 ~~p.()' L~_..... ..I..._...:~-_J ' CC-C J_. ~~~-~_J--O~~~4 PWSF on an e\is:ing : ""1 S' above; Process: Process Process; Process: Process::\01 No: '\ot Not i building or i III and. ; III and, III and, ! III and, , III and, : a:i(,\\ù! a!lo\\cd allowed allo\\'\:d , structure' R-O- W I R-O- W R-O- W R-O- W R-O- \\ : -- ....--u ~)~~.~ _¡~enl1it ..l-- !)~rm~!~¡i.~_.._.---pelll1¡~_..: -.... .. . .,.J)" ab!1\l' SEP¡\, SU'¡\.. SLPA, ¡ St:l'A, SU'¡\. \.;01 . buildin!.!. or V,lrianee Variance Variance: Variance; Variance ;dlowd ¡ stnIC!lIl~e and: and and and ¡and ! ! R-O- W i R-O- W R-O- W R-O- W I R-O- \\' : I ! Permit I Permit' Permit Pcrmit I Permit! ..------ ---.---!.._.------.1..--- :.- . -..-,-.-..1 ---- New freestal1din!.!. . .. Th.: :n:nirl1l::n \.;ot I ]\;ot : ~ot .1 \iot ! \.;ot ¡ Process PWSF, molwpol~ n.:c.:~sary to allowed I allowed I allowed allowed allow<:d' III construction, on a . pn1\'!d.: Ihe i I private sile ' i service lip 10 ¡ : i 100'. plus any i ! heig!ll I : granted ulHkr , Charter 22- 110.17. ¡!eight my h.: . im:r.:ase,! up 10 12()' if Ihl'r.:ar;;I\\U Type of P\VSF å:rid Location structun: in ,:11 appropriate publ ic right-or-\\ a)- I . -- \~--¡_. \.;(jl ---:-, -- ;\O! i allo\ved :d!owd, :t:lowcd i ; ! BP CP-l ~Ol I ~ot allowed! allowcd : I ~~;I ....-...-- ~ot-- , allowed ¡allowed I I ! ¡3J=äccss I Process --;1 Process I Process! Process III! Ill; III ¡III! III ~ (j) m : or more -'--P~)..\.i:Ic:'s, ... i ,\ latlie.: 10\\ er of h;;;\\cen 120' I 10 150' \\ ill ! he ,!I:O\\d . , , 1 I!lHkr a i !, C{):~:~):l1c:l'. I. i :~rpiicalion of . i I: I ¡ lour~)r more I : : I I ' -.---; pr')\'I~~. ...__.----L_-_---L-._~._-- I ,--- ~ New frecs-talllïing. -- 'PWSF, i;nticc 10\\'\:1' construction, 0:1 a ate slie ;"----:\-ljtn~-. ~Ol ..- 1\oi"" , allowcd I allow<:d allowed ~l)t-I" \(1Ii--I)¡:o¿;;s-:;--i)i'u~css -...- '¡;roccs:;-"uï\ocess -; I'ro;:e;;;--" ! allowed' allowcl! IV IV IV i IV IV IV ...= ..~~ O~ i~ City of Federal Way Planning Commission Report F PWSF FWee Text Amondmont Process July 21,1999 Page 14 E. COMPLIANCE WITH FWCC SECTION 22-523 FWCC Section 22-523 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed PWSF zoning text amendment with the criteria provided by FWCC Section 22-523. The city may amend the text of Chapter 22, Zoning, only if it finds that: (1) The proposed amendment is consistent with the applicable provisions o/the comprehensive plan; The proposed city code text amendments regarding PWSF are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG2 Develop an efficient and timely development review process based on a public/private partnership. LUP 4 Maximize efficiency of the development review process. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. PUG 2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG 4 Ensure that development regulations are consistent with public service obligations imposed upon private utilities by Federal and State Law. PUP 3 The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. PUP 4 The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgradingfacilities with the least amount ofright-oi-way disruption. PUP 17 The City shculd require that site-specific utility facilities such as antennas and sub-stations are reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EXH I rE3'J r¡mr:= 8 n!.b)[' l: "'-'" -..____.--1l!!Y21, 1999 PAGE-'-I... O~,:~-"-'- Page 15 PUP 19 The City should modifY the zoning regulations to address the siting, screening, and design standards for wireless/cellular facilities, sub-stations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on acijacent properties. (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed city code text amendments will result in improved environmental and land use review processes, siting prioritization, and development standards for PWSF, which have a direct relationship to the public health, safety, and welfare. (3) The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve the compatibility of PWSFs with surrounding land uses and to minimize land use conflicts between PWSFs and surrounding land uses through appropriate environmental and land use review processes, siting prioritization, and development standards. F. ST AFF RECOMMENDATION i. ~ Staff has prepared the proposed city code text amendments to improve the applicable review processes, siting criteria, and development standards for PWSF. Therefore, staff supports a Planning Commission recommendation to City Council for adoption of the proposed city code text amendments. G. PLANNING COMMISSION ACTION ALTERNATIVES Consistent with the provisions ofFWCC Section 22-535, the Planning Commission may take the following actions regarding the proposed city code text amendments: 1. Recommend to the City Council adoption of the city code text amendments as proposed; Modify the proposed city code text amendments and recommend to the City Council adoption of the city code text amendments as modified; Recommend to the City Council that the proposed city code text amendments not be adopted; or, Forward the proposed city code text amendments to the City Council without a recommendation. 2. 3. 4. n",f1!,'--, """-' 8 Ev rL,." I ff~tí.i ¡ '. .."......--- P AGE JtL () t: JI..I- City of Federal Way Planning Comm ission Report PWSF FWCC Text Amendment July 21,1999 Page 16 H. RECOMMENDED MOTION The following motion is suggested: Move to recommend to City Council for adoption of the proposed city code text amendments regarding Personal Wireless Facilities (if changes occur as a result of Planning Commission deliberations add "as amended by the Planning Commission"). EXHIB~1_------ PAGErLOF-tL City of Federal Way Planning Commission Report PWSF FWCC Text Amendment July 21, 1999 Page 17 DRAFT CITY OF FEDERAL WAY ORDINANCE NO. 99 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (lONING) OF THE FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR PERSONAL WIRELESS COMMUNICATION FACILITIES WHEREAS, Section 704 ofthe Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, provided that regulation not discriminate among providers of functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of personal wireless services; and, WHEREAS, the Federal Telecommunications Act of 1996 and RCW 80.36.375 restricts and partially preempts a city's authority to regulate personal wireless service facilities; and, ~ WHEREAS, personal wireless services facilities comprise a rapidly growing segment of the utilities and communications sector and have merit and value for the community and region as a whole; and, WHEREAS, personal wireless services facilities are supportive of the public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business, and emergency purposes; and, WHEREAS, the City of Federal Way is concerned that future decisions regulating the siting and development of personal wireless services facilities, without appropriate standards and review processes, may adversely effect the public health, safety, and welfare ofiesidents ofthe City of Federal Way; and, WHEREAS, the City of Federal Way reviewed potential impacts from the Personal Wireless Services Facilities Code Amendment Ordinance in compliànce with the State Environmental Policy Act; and, WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will implement and is consistent with the Federal Way Comprehensive Plan; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on the draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a recommendation of approval to the City Council; and, , PAGE I EXH~B~T__--I- July2l,1999 P A G E-"- 0 F'-4S-- DRAFT ORDINANCE NO. 99- DRAFT WHEREAS, the City Council finds that the Personal Wireless Services Facilities Code Amendment Ordinance is consistent with the intent and purpose of the Federal Telecommunications Act of 1996 and RCW 80.36.375. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IN REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The purpose of this Ordinance is to amend the Federal Way City Code to satisfy the following basic needs: A. B. To provide appropriate standards and review processes for decisions regulating the siting and development of personal wireless services facilities; and, To be consistent with and implement the Federal Communications Act of 1996 and RCW 80.36.375. Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate the following definitions in alphabetical order: Abandoned personal wireless service facility shall mean a PWSF that meets the following: (1) (2) (3) (4) Operation has voluntarily ceased for a period of 60 or more consecutive days; or, The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or, The antenna has been relocated at a point less than 80 percent of the height of the support structure; or, The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Cell-on-Wheels (C-O-W) shall mean a mobile temporary personal wireless service facility. Temporary Personal Wireless Service Facility shall mean a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. , PAGE 2 EXftir. !': '-' .a PAGE~UF'~I, 1999 DRAFT ORDINANCE NO. 99- :-om »~ (i)~ m r.':--'~ ~ C~. ~ Þ .,!!II>c. DRAFT Section 3. Section 22-614 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-614. Personal wireless service facility. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: ~ USE ZONE CHART G DIRECTIONS: FIRST. read down to find IIse .. THEN, across for REGULATIONS U MINIMUMS MAXIMUMS USE L REQUIRED YARDS A I T ZONE Jj 01 Process LOT FRONT SIDE REAR LOT HEtGHT LANDSCAPE SIGNS PARKING SE I SIZE COVERAGE N s SPECIAL REGULA nONS AND NOTES ::: Personal See note See See note See See See note I 15' above See note 43 S.. N! A I. ~-an. ",..i","",s fer these ilO"'s will be iA aGcer.anoe te Ihe "A.erlyiRg .eAiRg fer eash ef t~.. wireless 2 nole I nole I note I existin. - OOIH "se-di&!ÅGIS. Not aDDlicable. PWSFs allowed on existin. structures only. service I facility or 2. The review process used will be as follows: f Tt structure -----a,..Jlr~~h~~ act I Y ~ Not -b. Proce" III iflhe pu'SF is cellecate. en an ..istiAg pu'SF er p"blioly "sed st"'OR"e an. is Ie" thaR 15' ab."e (PWSF) allowed Ihe existing faci~ty or stFUcl"ro. See note 2 on a a. Subiect to meetin. all aDDlicable develoDment standards Process III for the followin~ proDOsals: See note $ PWSF i. The PWSF is collocated on an exiStin. PWSF and is less than 15' above the existin. facility: or. 4 for ii. The PWSF is located on a Dublicly used structure not located in a public ri.ht-of-way and is less than 15' 'I allowed above the structure: or. -r iii. The PWSF is located on an existin. structure in the BPA trail and is less than 15' above the existin. ~ structure' or PWSFs iv. The PWSF is located on an existill~ structure ill an aDDrooriale oublic ri.hl-of.way and is less Ihan 15' above the existin. Structure. b. Variance Drocess oursuant to FWCC ChaDter 22 Article II Division 8 for the followin. DroDOsals: i. The PWSF is collocated on an existin. PWSF and is more than 15' above the existin. facility: or ii. The PWSF is located on a Dublicly used structure not located in a Dublic ri.ht-of.way and is more than 15' above the slructure' or iii. The PWSF is located on an existin. structure in the BPA trail and is more than 15' above the existin. structure' or iv. The I'WSF is located on an exiStin. Structure in an aDDroDriate Dublic ri.hl-of-way and is more than I I' abovc the existin. structure. c. All other tYDCS and locations of I'WSFs are not allowed ~ign....r~Ik>we<k>JHH2WS'" 42 AlIl'WSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations. At a minimum, ~ a five (5) fDOt Type III landscaping ~ shall be required around the facility. unless the community development services director determines that the facility is adequately screened. ~. ~n 22 9~~(o). Þlole: New free-standin. PWSFs are not allowed. PWSFs shall be 9AIy allowed Q!J]y on : existing towers, and on publicly used structures not located in Dublic ri~hts-of.waY on existin. structures located in the BPA trail, and on existin. structures in aDDroDriate Dublic ri.hts-of-way. Refer to Section 22-966(d) for develoDment standards aDDlicable to allowed tYDeS of PWSFs. DRAFT ORDINANCE NO. 99- , PAGE 3 July 21, 1999 ~~ G)~. ,I o::-:':=] m[] u~-¡ r- ,e:;! 0 ~ Section 4. DRAFT Section 22-649 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-649. Personal wireless service facility. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: Personal wireless service facility (PWSF) See note ~ 4 for allowed tvpes of PWSFs USE u R E G U L A T I 0 N S Process See note 2 MINIMUMS REQUtRED YARDS LOT SIZE FRONT SIDE See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS M A XiMi:iMs REAR LOT COVERAGE HEIGHT LANDSCAPE SIGNS See note I See note I See note 42 15' above existin. facility or structure Not allowed on a PWSF See note 2 , PAGE 4 I ZONE I PARKING I RS SPECIAL REGULA nONS AND NOTES 8M oot<hI I. HiAim"ms and maxim"ms far tROSO itoms ill bo iA aGoordoAooto tRo .Ador!; iAg ooAing for oaGh oftholi5l0d ~ Not applicable. PWSFs allowed on existin. 5Iruclures only. 2. The review proce.. used will be as follows: a. PreG'" 111 if tho P"'SF moots tho .Adorl) iAg hoight limit D. Pro.... 111 if th. P"'SF i. .ollo.alld OA .A "iltiAg PI/'SF Or p.Dli.ly wild ""'."". .Ad is I... th.A I I' .bo". th. oxiotiAS fa.ility or it- a. Subiect to meetin. all applicable development ..andards. Process III for the followin. proposals: i. The PWSF is collocated on an exi5lin. PWSF and is less than 15' above the existin. facility' or ii. The PWSF is located on a publicly used 5Iructure not located in a public ri.ht-of.way and is less than 15' above the structure: or iii. The PWSF is located on an existin. structure in the BPA trail and is less than II' above the existin. structure: or. iy. The PWSF is located on an existin. structure in an appropriate public ri.ht-of.way and is less than 15' above the existin. structure. b. Variance process pursuant to FWCC Chapter 22 Article II Division 8 for the followin. prooosals: i. The PWSF is collocated on an existin. PWSF and is more than 15' above the existin. facility. or ii. The PWSF is located on a publicly used 5Iructure not located in a public ri.ht-of.way and is more than 15' above the structu= iii. The PWSF is located on an existin. structure in the BPA trail and is more than II' above the existin. structure' or iv. The PWSF is located on an existin. structure in an appropriate public ri.ht-of-way and is more than II' above the existin. 5Iruclure. c. All other types and locations of PWSFs are nol allowed J. Signs aro AOt 11110' .d.A. P"'SF. 42 All PWSFs shall be landscaped and screened in accordance with Aniele XVII and the provisions of the PWSF development regulations. At a minimum. ,'<>f a five (5) foot Type III landscaping area shall be required aroond the facility. unlcss thc community development services director determines that the facility is adequately screened ~. See SootioA 22 %6(0). þlot8' New free-standin. PWSFs are not allowed. PWSFs shall be 9fIIy allowed ~ on existing towers, and on publiely used structures not located in public ri.hts-of-way on existin. structures located in the BPA trail and on existin. structures in appropriate public ri.hts-of.way. Refer to Section 22-966(d) for development standards applicable to allowed tYpes of PWSFs. N/A July21,1999 :-em »x G)~ m"= ~ ( ';"'. .... " ..,.., ~ I ! I ~ DRAFT Section 5. Section 22-681 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-681. Personal wireless service facility. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: ~ USE ZONE CHART G DIRECTIONS: FIRST, read down to find use, " THEN, across for REGULA TIONS U MINIMUMS MAXIMUMS USE L REQUIRED YARDS * [ ZONE I U I Process LOT FRONT SIDE REAR LOT HEIGHT LANDSCAPE SIGNS PARKING RM 0 S~ ro~MŒ N S SPECIAL REGULATIONS AND NOTES ~ Personal See note See See note See See See note I 15' above See note 43 s.. N/A I. ~nd maKim"m. furth... ile"'s ill ba iRa"ardan,a 'a tha uAdarlyiApaAiAg "'r .a,h or 'h. li".o wireless 2 note I note I note I eKistin. - ",,'<OJ ~ Not applicable, PWSFs allowed on existin. struClures only. serv' I racilityor 2, The review process used will be.. rollows: " ,i,ce slruclure -a.-PrOGO8&-IIHf-th..PWSl'-mee\l-l.....nd..lyi~ghl-ljmj~ laci lIy - Not -b, Pro,." III if-the-J2WS~",,",,~n .KistiAg P"'SF or publi,l} u'e<k...........~ha~lxwe (PWSF) allowed th. .xi'ling f.,ilil)' or "",.'ur., See note 2 Q!L!! a, Subiect to meetin. all applicable development standards Process III for the follow;n. oroPOsals: See nOle ~ PWSF i. The PWSF is collocated on an existin. PWSF and is less than 15' above the existin. facility' or, 4 for ii. The PWSF is located on a oubtidy used struClure not located in a oublic ri.ht-of-way and is less than 15' II' d above the struClure; or, ~ iii. The PWSF is located on an existin. strueture in the BPA trail and is tess Ihan 5' above Ihe existin. ~ struClure' or PWSFs ~ PWSF is localed on an existin. structure in an appropriate oublic ri.ht-or.way and is less than IS' above the existin. structure. b. Variance process pursuant to FWCC Chapter 22, Article /I Division 8 for the followin. orooosais. i. The PWSF is collocated on an existin. PWSF and is more than IS' above the exiStin. facility: or, ii The PWSF is located on a publicly used struClure not located in a oublic ri.hl-of.way and is more tha" 15' above the stmClure; or, ___1ii. The..l1l'SF is OC-'I.!~(Q<1 a" existin. ~Œ/Cture i!l.!I!e ßrA t[!1i_I.!!.njl)s more fhan I S:1!bove Ih"-£.,isti!>!: stfucture or, iv. The PWSF is located 0" a" existin. Stmeture i" an approoriate public ri.ht-of.way and is more than 15' above the existin. struClure e All other Iyp"' 100/ loeillion,s ofl'WSF, ilre ""tililowed .I.Sig'" aro'H,I.lIowodoH' I'WSF. 4¿, All PWSFs shall be landscaped and screened in accordance with Artide XVII and the provisions of the PWSF development regol"ions. At a minimum, $Cof a five (5) foot Type III landscaping ~ shall be required around Ihe facility, unless the community development services direClor determines that the facility is adequately screened ~. S~~~Ie; New free-stand in. PWSFs are not allowed. PWSFs shall be ~ allowed ~ on exiSiing towers, and on publiciy used structures not located in oublic ri.hts-of.way on ex¡stin. structures located in the BPA trail, and on existin. structores in approoriate public ri.hts-of.way Refer to SeCtion 22-966/d) for develooment standards applicable to allowed tyoes ofPWSFs. DRAFT ORDINANCE NO. 99- ,PAGE 5 July 21,1999 ~~ ø¿: mffi ~~~i C'\! ,1" 'T~ VII' Fi '." DRAFT Section 6. Section 22-700 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-700. Personal wireless service facility. The following uses shall be permitted in the professional office (PO) ZODe subject to the regulations and notes set forth in this section: ~ USE ZONE CHART G DIRECTIONS: FIRST. read down to find lise, THEN, across for REGULATIONS U MINIMUMS MAXIMUMS USE L REQUIRED YARDS A T [ZONE I U I Process LOT FRONT SIDE REAR LOT HEIGHT LANDSCAPE SIGNS PARKING PO 0 SIZE COVERAGE N s SPECIAL REGULATIONS AND NOTES ~ Personal See note See See note See See See note I IS' above See note 43 S.. N/A I. Minill\ulI\!HInJ-maxill\ums-foHh".Hlem«-wiJI-b.HA-ð<OOf_<Hh<HindofjyiR_",~~he-J¡'Ied wireless 2 note I note I note I existin. - nol.... use-distriv,., Not applicable PWSFs allowed on existin. structures only. service I facility or 2. The reyiew process used will be as follows' f T ' structure -a,-IlrOC65TlIl-if-lhe-J2WSI'-m"!!Hhe-<mdeflying-l¡ei~hl-li""" ael It} - Not ----1>-J2r_s-+II-iHh, P"'SF is GolloGated OR aR exi"iR~ P"'S, or publiGly u"d struGIlire aRd is Ie" thaR 15' al>o¥t (PWSF) allowed the existiR~ faGilit) or strUGture. See note 2 on a a. Subject 10 meetin. all applicable development standards Process 1II for the followin. orooosals: See note ~ PWSF i The PWSF is collocated on an existin. PWSF and is less than 15' above the existin. facility; or 4 for ii. The PWSF is located on a publiclv used structure not located in a public ri.ht-of-wav and is less than 15' allowed above the structure' or. types of struct~~~.:~e PWSF is located on an existin. structure in the BPA trail and is less than 15' above the existin. PWSFs iv. The PWSF is located on an existin. structure in an appropriate public ri.ht-of.wav and is less than IS' above the existin. structure. b. Variance process pursuant to FWCC Chapter 22 Anicle II. Division 8 for the followin. Drooosals: i The PWSF is collocated on an existin. PWSF and is more than IS' above the existin. facility, or, ii The PWSF is located on a oublicly used structure not located in a Dublic ri.ht-of.wav and is more than IS' above the structUre' or. iii The PWSF is located on an existin. structure in the SPA trail and is more than IS' above the existin. structure: or, iv. The PWSF is located on an existin. structure in an appropriate public ri.ht-of-way and is more than IS' above the existin. structure. c. All other types and locations of PWSFs are not allowed. ;¡"'¡;igm-;I~~ 41. All PWSFs shall be landscaped and screened in accordance with Anicle XVII and the provisions of the PWSF development re~ulations. At a minimum, ~ a five (S) foot Type III landscaping area shall be required around the facility, unless the community development services director determines that the facility is adequately screened. >1. See SeG,iOR JJ 9..(.). Nolo: New free.standin. PWSFs are not allowed. PWSFs shall be 0Aiy allowed 2!!!x on existin~ towers, aM on publicly used structures not located in Dublic ri.hts-of-wav on existin. structures located in the BPA trail and on existin. structures in apDropriate public ri.hts-of-wav. Refer to Section 22-966(d\ for development standards applicable to allowed types of PWSFs. DRAFT ORDINANCE NO. 99- , PAGE 6 July 21,1999 ;g~ G):I: m- to =~~ 0 ~ ,'.....: DRAFT Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-730. Personal wireless service facility. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: : USE ZONE CHART G DIRECTIONS: FIRST, read down to find lIse . THEN, across for REGULA TIONS U MINIMUMS MAXIMUMS USE L REQUIRED YARDS A I I T ZONE 1J 01 Process LOT FRONT SIDE REAR LOT HEIGHT LANDSCAPE SIGNS PARKING BN SIZE COVERAGE N S SPECIAL REGULATIONS AND NOTES =: Personal See note See See note See See See note I 15' above See note 43 See N/A I. HiAimums and maximums fer the,e items ...ill be iA aGGordaAGe to the uAderlyiAg lOAiAg for eaG. of thel~ wireless 2 note I note I note I existin~ - R<>Io-J l!H-<IiwioI&, Not aDDlicable. PWSFa allowed on existin~ ,tNcture' only. service I facility or 2. The review proc.., u,ed will be as follows: f T structure a. Pro..., III ifth. P"'SF mil" tho uAdorlj iAg h.ight limit aCt ny - Not b. ProG." III ifth. P"'SF is GolloG.tad OA'A ..i'tiAg P"'SF or publiG!y und slruGtu," aAd i,l"'thaA IS" abo' . (PWSF) allowed the e.istiAg faGility or SI"'oturo. See note 2 on a a. Subject to meetin~ all aDDlicable develoDment 'tandard,. Proce.. 111 for the followin~ Drooosais' See nole ~ PWSF i. The PWSF is collocated on an existin~ PWSF and is less t.an 15' above the existin~ facility. or 4 for ii. The PWSF is located on a Dubliclv used structure not located in a Dublic ri.ht-of.wav and i, Ie.. than 15' allowed above the structure' or. -----r iii. The PWSF is located on an existin~ structure in the BP A trail and is less than IS' above t.e existin~ ~ stNcture' or PWSFs ~ PWSF is located on an existin~ structure in an aDDroDriate Dublic ri.ht-of-wav and is less than t 5' above the existin. stNcture. b. Variance_Droce.. Dursuant to FWCC ChaDter 22 Article II Division 8 for the followin~ Drooosais' ¡The PWSF is collocated on an existin. PWSF and is more than I S' above the exiStin. facility, or. ii The PWSF is located on a Dubliclv used st,,"cture not located in a public ri.ht.of-wav and is more than IS' ¡",u,,-c_t~_,,-s'-"'£!!Iæ;.Qé. iii. The PWSF is located on an existin. structure in the BPA trail and is more than 15' above the existin~ structure or iv. The PWSF is located on an existin. st,,"cture in an approDriate Dublic ri.ht-of-wav and i, more than 15' above the ex istin. structure. c All other tvDes and locations ofPWSFs are not allowed J-Sigll' ar. lIot .lIow.d Oil. PWSF. 4¿. AIIPWSFs shall bc lalldscapcd and scrcened ill accordance with Article XVII and the provisions uf the PWSF development regulations. At. minimum, SCof a flvc (5) foot Type III landscaping ~ shall be required .round the f.cili!ï. unless the community developmellt services director determines that the facility is adequately screened >1. S--SoctÎon4J-1>66«+-NOtO' New free.standin. PWSFs are not allowed. PWSFs shali be ooIy allowed Q!J.I.y on existing towers, aAd on publicly used structures not located in Dublic ri.hlS-of-wa, on exiSlin. SI"'ClUres localed in the BPA trail. and on exiSlin. structures in aDDroDriate Dublic ri.hlS-of.wav. Refer to Section 22.966(d) for develoDment Standards aDDlicable to allowed IYDes of PWSFs. DRAFT ORDINANCE NO. 99- , PAGE 7 July 21,1999 :-em »x G>:I: m = Oi. -+1. ~i ~ ff'11 '.:;<...1 DRAFT Section 8. Section 22- 762 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-762. Personal wireless service facility. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility See note 5 fur allowed tvpes of PWSFs R E G U L A T I 0 N S Process MTNTMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 Seo ...... -I- See note' See note I None DRAFT ORDINANCE NO. 99- REAR bG+ CO"liR ^GIi See note' S-&-1- ,PAGE 8 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN, across for REGULA nONS M^XIMUMS MAXIMUM HEIGHT I ZONE PARKING J BC LANDSCAPE SIGNS SPECIAL REGULATIONS AND NOTES Refer to Section 22- 967 for maximum hei.'"s for allowed tvpes of PWSFs I . -MiAiffiUlT\s-anJ:ffi~<>F-thes&-it~~~~M-futed ~ For developed sites. the setback requirements shall be those of the principal use of the subject propet1v. For undeveloped sites the setback requirements for new free-standin. PWSFs shall be 20' for front side and rear yards. 2. Subiect to meetin~ all applicable development standards +¡he review process used w¡~s shall be Process I except for the followin. proposals: a. Pm.." I ifth. P"'Sf i. Gelle.at.. eA. ..i"iAg P"/Sf. b. Pr".... 111 fer.ll n. "froo ".n.ing P"'Sf.; ....pt as me.ifi.d iA "G." b.le See note ~ 1 Seo 0010-> N/A Not allowed on a PWSF a. Process 111 for the followln. proposals: i. The PWSF is located within 300 feet of a residential zone' provided the PWSF is less than IS' above the buildin. or structure: or ii. The PWSF is located on a buildin~ or structure that is a residence or school or contains a residence or school' provided the PWSF is less than I S' above the buildin~ or structure' or iii. The PWSF is a new free.standing PWSFs; except as mOOiHed provided in "c." below. b. Process IV if the PWSF is a lattice lower accommodatin~ four or more providers c. Variance process pursuant to FWCC Chapter 22 At1icle 11 Division 8 for the followin~ proposals' I. The PWSF is collocated on an existin. PWSF and is more than 15' above the existin. facilitv' or ii. The PWSF is located on . publicly u.ed structure not located in a public ri.ht-of-wav and is more than' 5' above the structure~ iii. The PWSF is located on an existin~ structure in the BPA trail and is more than IS' above the existin. structure; or iv. The PW$F is located on an existin~ structure in an appropriate public ri~ht-of-wav and is more than IS' above the existi"" structure' or v. The PWSF is located on a buildin. or structure that is not. residence or school .nd does not contain a residence or school; provided the PWSF is more than IS' above the buildin. or structure 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary lu provide the scrvice up to 100', plus .ny height granted under Chapter 22.1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice lOwer of between 120' to t SO' will be allowed under a combined application of four or more providers. ~~llo"". en a P"'Sf. >:[. All PWSF shall be landscaped and screened in accordance with At1icle XVII and the provisions of the PWSF development regulations. At a minimum, ~ a five 15} fool Type 111 landscaping area shall be required around the facility, unless the community development services director determines that the facility is adequately screened. S. New free-standin. PWSFs are allowed subiect to hei.ht limits and collocation provisions. PWSFs are allowed on existin. towers on private buildin.s and Structures on publicly used structures not located in public ri~hts-of- way on existin. structures located in the BPA trail and on existin~ structures in appropriate public ri.hts-of.wav. Refer to Section 22.966(d)Jor development Standards applicable to allowed types ofPWSFs. See note 3 July2l,1999 ~m ~'>< G)z m~ .m.,.,~..,..,. c-:-:::¡ - 1 j I ; (- ! GI I ~! ¡ I I "" DRAFT Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-802. Personal wireless service facility. The following uses shaH be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: R USE ZONE CHART E G DIRECTIONS: FIRST, read down to find use, ,. THEN, across for REGULATIONS U MINIMUMS MAXIM\JMS USE L REQUIRED YARDS A I T ZONE I U I LOT bG+ MAXIMUM CC-C Process FRONT SIDE REAR HEIGHT LANDSCAPE SIGNS PARKING 0 SIZE GQVI;RAG¡¡ N S SPECIAL REGULA nONS AND NOTES :::; I.-Hi"i....., aAd ..axi....., forth... il"" . ,ill b. iA a..arda... la Iba .Ada,I) iAg "AiAg fer u.h of tba list.d Personal See note ~ See note See See See-notH Refer to See note ~ 1 See N/A ~tmts. For developed ,ites the setback requirements shall be those of the principal use of the subiect properly. wireless 2 _e I note I note I Section 22- ROIW For undeveloped sires the setback re<1uirements for new free-"andin~ PWSFs shall be 20' for fron~ side. and rear service 1- 967 for Y!JlI.t facility ma"mum 2. Subject to meetin. all applicable development Standards +!he review process used "'ill b. a, fella' , shall be hei.hts for Not Proc..s 1 except for the followin. prooosals: None allowed allowed ~f-tha P\"~F i, .allee'l.d aA a axi"iAg PH/SF. See note 5 types of on a b. P,ac." III far all Aa ,. £Fe. 'laMiAg pul~F,; ...apt a, ..ediAad iA ".'-' bela". fur PWSFs. PWSF a. Process II! for the followin. proposals: allowed l. The PWSF is localed within 300 feet of a residential zone; provided the PWSF is less than 15' above the ~ See note 3 buildin. or Stmcture; or PWSFs ii. The PWSF is located on a build in. or structure that is a residence or school or contains a residence or school' provided the PWSF is less than IS' above the buildin. or Structure: or iii. The PWSF is a new free-Standing PWSFs; except as"""¡¡¡¡"¡ provided in "c'-' below. b. Process IV if the PWSF is a lattice tower accommodatin. four or more providers. c. Variance process pursuant to FWCC Chapter 22 Arlicle II Division 8 for the followin. proposals: l. The PWSF is collocated on an exiStin. PWSF and is more than IS' above the exiSting facility or ii. The PWSF is located on a publicly used structure not located in a public ri.ht-of.wav and is more than 15' above the Stmclure: or, iil. The PWSF is located on an existin. structure in the BPA trail and is more Ihan 15' above the existine strucrure' or, iv. The PWSF is located on an existine structure in an appropriate public rieht.of-way and is more than 15' above the existine structure; or. v. The PWSF is located on a buildine or structure that is not a residence or school and does nol contain a residence or school; provided Ihe PWSF is more than 15' above the building or structure 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100'. plus any height granted under Chapter 22-1047. A PWSF shall be allowed up 10 120' if there are two or more providers: except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers 4.--Si¡_talla,..d aA a PUI~F ~1. All PWSF shall be landscaped and screened in accordance with Arlicle XVII and the provisions of the PWSF development regulations. At a minimum, ~ a five (5) foot Type III landscaping area shall be required around the facility, unl... the community development services director determines that Ihe facility is adequately screened. 5. New free-Standing PWSFs are allowed subiect to heieht limits and collocation provisions. PWSFs are aI/owed on exiStine towers on private buildi.es and structures on publicly used structures not located in public ri.hts-of-way on existine structures located in the BPA trail and on existin. structures in appropriate public riehts-of-way. Refer to Section 22-966(d) for development standards applicable to aI/owed tvpes of PWSFs DRAFT ORDINANCE NO. 99- ,PAGE 9 July21,1999 ~~ G):I;: m=- ~; (" ""';"- ~I >",'., , DRAFT Section 10. Section 22-817 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-817. Personal wireless service facility. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: R USE ZONE CHART E G DIRECTIONS: FIRST, read down to find lise, " THEN, across for REGULATIONS U MINIMUMS MAXIMUMS USE L REQUIRED YARDS A I T ZONE U I LOT 6G+ MAXIMUM CC-F Process FRONT SIDE REAR HEIGHT LANDSCAPE SIGNS PARKING 0 SIZE CO'r¡¡~ AGE N S SPECIAL REGULA nONS AND NOTES ~ I-Minimums-i\n<J,-""",imums-fGf4hese-i~1 .e iA "GordaA" 10 the "AderlyiAg .o~~sted Personal See note S.. See note See See S8<H!OtH Refer to See note >1 s.. N/A us8'listfiGt,," For developed sites the setback reQuirements shall be those of the principal use of the subject property wireless 2 no.. I note I note I Section 22- noto-J For undeveloped sites the setback reQuirements for new free-standing PWSFs shall be 20' for front side and rear service + 967 for ~ facility maximum 2, Subiect to meeting all applicable development standards +!he review process used wi~ø!1<>W5 shall be hei.hts for Not Process I except for the followin. proposals, None allowed allowed a Pro , 0.. I if Iho P"'SF is ,01l0Galod OR a "i"iAg P"'SF, See note 5 types of on a ., Proce.. III for all AO'" froo standing pu'SFs; o"opt as ",.ài¡¡ed iA ",," .el." fu!: PWSFs, PWSF a, Proce.. III for the following proposals' allowed i, The PWSF is located within 300 feet of a residential zone provided the PWSF is less than 15' above the types of See note 3 building or structure; or, ii, The PWSF is located on a buildin. or structure that is a residence or school or contains a residence or PWSFs school; provided the PWSF is less than IS' above the buildin. or structure' or iiL The PWSF is a new free-standing PWSFs; except as ~ provided in "c," below, b, Process IV if the PWSF is a lattice tower accommodatin. four or more providers, c, Variance process pursuant to FWCC Chapter 22. Article II Division 8 for the followin. proDOsals: L The PWSF is collocated on an existing PWSF and is more than 15' above the exislin. facilitv, or. ii, The PWSF is located on a publiclv used structure not located in a public ri.ht-of.way and is more than IS' above the structure' or iii, The PWSF is 10ealed on an existin. "ructure in the BPA trail and is mpre than 15' above the existin. structure' or iv, The PWSF is located on an existing Structure in an aporopriate public right-of-way and is more than IS' above the existing structure; or, v, The PWSF is located on a buildin. or structure that is not a residence or school and does not contain a residence or school' provided the PWSF is more than 15' above the buildin. Dr structure, 3, Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100'. plus any height granted under Chapter 22.1047, A PWSF shall be allowed up to 120' if there are !WO or more providers; excepllhala lallice tower of between 120' to 150' will be allowed under a combined application of four or more providers, 4, Signs are not ali<>we<l-on+JlWSl', >1, All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations, At a minimum, >'-m a five (5) foot Type III landscaping area shall be required around the I facility. unless the community developmen! services director determines that the facility is adequately screened, 5, New free-standing PWSFs are allowed subject to hei.ht limits and collocation Drovisions, PWSFs are allowed on existing lOwers on Drivate buildin.s and structures on Dublicly used Structures not located in Dublic ri.hts-of-wav on exiStin. structures located in the BPA trail and on existing StruClures in approDriate public rights-of-way, Refer to Section 22-966(d) for develop men I Standards applicable to allowed tvpes of PWSFs, ..1 DRAFT ORDINANCE NO. 99- , PAGE 10 July 21, 1999 :-em ~""'-~ ,,"~ r"'\ L.¡r' !r.J J ,.'~ m C: ( ",,-. 118 ~¡ DRAFT Section 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-835. Personal wireless service facility. The foJlowing uses shaJl be permitted in the office park (OP, OPI--4) zone subject to the regulations and notes set forth in this section: -- R USE ZONE CHART E G DIRECTIONS: FIRST. read down to find lise, THEN, across for REGULATIONS U MINIMUMS MA,XIM\JM¡; USE L REQUIRED YARDS A I ZONE I T U I Process LOT bG+ MAXIMUM LANDSCAPE OP, OPl--4 FRONT SIDE REAR HEIGHT SIGNS PARKING 0 SIZE GO¥ßRAGI; N s SPECIAL REGULA nONS AND NOTES =:; 1.-MiRifm¡~eHA"O ilo",. ill b, iR ,..ord'R.o,o 'AO "RdorlyiR '.Ring for oa.A of th' listed PersOIwl See nole S.. See note See See See-not...! Refer to See note ~ 1 S.. N/A uso-di,,'¡.... For developed sites, the setback reQuirements shall be those of the principal use of the subiect Droper1V. wireless 2 noto I nole I note I Seclion 22. nol..;! For undevelopcd siles, the setback reQuiremenlS for new free.standin. PWSFs shall be 20' for front, side, and rear service + 967 for ~ !!!!2illJ!!!!!l 2, Subiect to meetin. all applicable development standsrds, "'!he review process used ill bo as foil. s shall be facility hei.hlS for Not Process I. <xceDt for the followin. proPOsols: None allowed allowed a P,o.o" t if tho P"'SF is .0IloGa'od .. a O.j"jRg P"'SF. See note 5 tvpes of on a ~III for all ROo" froo It'Rding P\\lSFs; o"'pt II ",.difiod iR ".'" bol. fur PWSFs PWSF a. Process 111 for the followin. proPOsols: allowed i, The PWSF is located within 300 feet of a residential zone' provided the PWSF is less than 15' above the tvpes of See nOle 3 buildin. or structure' or, ii. The PWSF is located on a buildin. or structure that is a residence or school or contains a residence or PWSF~ school' provided the PWSF is less than 15' sbove the buildin. or structure; or iii. The PWSF is a new free-standing PWSFs; except as IRØ<iiHed Drovided in "c," below, b. Process IV if the PWSF is a lattice tower accommodatin. four or more provide", c Vsrianee process pursuant to FWCC ChaDter 22 Article 11 Division 8 for the followin. proposals: i, The PWSF is collocated on an existin. PWSF and is more than 15' above the existin. facility, or. ii. The PWSF is located on a publicly used structure not located in a public ri.ht-of.way and is more than 15' above the structure; or iii, The PWSF is located on an existin. structure in the BPA trail and is more than IS' above the existin. structure; or, iv. The PWSF is located on an existin. structure in an aPDroDriate public ri.ht-of-way and is more than IS' above the existin. structure; or, v. The PWSF is located on a buildin. or structure that is not a residence or school and does not contain a residence or school; Drovided the PWSF is more than 15' above the buildin. or structure 3. Maximum allowed height for a new free.standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22.1047, A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers, 4. Signs are nol oll."'od on a PH'SF. >1. All PWSF shall be landscaped and screened in accordance with Article XVI! and the provisions of the PWSF development regulations. At a minimum, >'<>f a five (5) foot Type IIIlandscaping![g shall be required around rhe facility. unless the community development services director determines that the facility is adequately screened. 5, New free-standin. PWSFs are allowed subiect to hei.ht JimilS and collocation provisions. PWSFs are allowed on existin. towers on orivate buildin.s and structures, on DubJicly used structures not located in Dublic ri.hts-of.way. on existin. structures located in the HI' A trail. and on existin. structures in aDDropriate public ri.hts-of.way, Refer to Section 22-966(d) for development standards aDDlicable to allowed types of PWSFs, l -", DRAFT ORDINANCE NO. 99- , PAGE II July21,1999 ~~ G)J: m~.~. Iø t:'-l\:d ¡;.a :~ (-"".,."..1., , ..... ,--:.. ~Tj! ~-i DRAFT Section 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-871. Personal wireless service facility. The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: R USE ZONE CHART E G DIRECTIONS: FIRST, read down to find use, " THEN, across for REGULATIONS U MINIMUMS H'XIHUÞIS USE L REQUIRED YARDS A I T ZONE I U I LOT W+ MAXIMUM BP Process FRONT SIDE REAR HEIGHT LANDSCAPE SIGNS PARKING 0 SIZE (;(W!;RA(;¡¡ N S SPECIAL REGULATIONS AND NOTES ~ 1.-MiRÍmYm5-&AG maximum, far Ih"e item, .. ill .e iA ,,'arGan.. 10 the uAGerl; iAg "AiAg far each of the-\isted Personal See note See See note See See See-neIH Refer to See note 5 ~ See N/A u~" For developed sites the setback reQuirements shall be those of the principal use of the subiect propertv. wireless 2 ""'" I note I note I Section 22- ~ For undeveloped sites the setback requirements for new free-standin. PWSFs shall be 20' for front side and rear service " 967 for ~ facility maximum 2. Subiect to meetin. all applicable development standards +!he review process used ~- shall be heights for Not Process I except for the following proposals: None allowed allowed iHlr<>.." I if the P'lISF is .01l0.a"d-eA a existing P"'SF. See note 5 types of Q!L! .. Pra."s III for all Ae'" free stoAGing P"'SF,: ...ept e, mo.ifie. in "," .ela [Qr PWSFs. PWSF a. Process III for the followin. proposals: allowed i. The PWSF is located within 300 feet of a residentiat zone' provided the PWSF is less than 15' above the ~ See note 3 build in. or structure' or il. The PWSF is located on a building or structure that is a residence or school or contains a residence or PWSFs school' provided the PWSF is less than 15' above the buildin. or structure' or iil. The PWSF is a new free.standing PWSFs: except as m<><IiíieG provided in "c," below. b. Process IV if the PWSF is a lattice tower accommodatin. four or more providers. c. Variance process pursuant to FWCC Chapter 22 Article H Division 8 for the followin. proposals: I. The PWSF is collocated on an existin. PWSF and is more than 15' above the existin. facility: or, il. The PWSF is located on a publicly used structure not located in a public ri.ht-of-way and is more than 15' above the structure' or. iil. The PWSF is tocated on an existing structure in the BPA trail and is more than 15' above the existing structure: or, iv. The PWSF is located on an existin. structure in an appropriate public ri.ht-of-way and is more than 15' above the existing structure' or. v. The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school' provided the PWSF is more than 15' above the building or structure 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up 10 120' if there are two or more providers: except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers. 1. Sign, are ReI e!lGweG an a P"/SF. 51. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions oflhe PWSF development regulations. At a minimum, ~ a five (5) foot Type HI landscaping area shall be required around the facility, unless the community development services director determines that the facililY is adequately screened. 5. New free-standin. PWSFs are allowed subiect to hei.ht limits and collocation provisions. PWSFs are allowed on existing towers. on private buildin.s and structures on publiclv used structures not located in public rights-of-way on existing structures located in the BPA trail and on existin~ structures in appropriate public ri.hts-of-way Refer to Section 22-966(d) for development standards applicable to allowed types ofPWSFs. DRAFT ORDINANCE NO. 99- , PAGE 12 July21,1999 ~~ Q:J: i~ C-" -~ø OO=-.'~'. , " rl ,iO>!». DRAFT Section 13. Section 22-906 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-906. Personal wireless service facility. The following uses shall be permitted in the corporate park (CP- I) zone subject to the regulations and notes set forth in this section: R USE ZONE CHART E G DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULA T1ONS U MINIMUMS MAx.lMYMS USE L REQUIRED YARDS A I I T ZONE U I LOT bG+ MAXIMUM CP-l Process FRONT SIDE REAR HEIGHT LANDSCAPE SIGNS PARKING 0 SIZE GG¥l>RAGE N s SPECIAL REGULATIONS AND NOTES ~ 1.-Minim"'»HAd-m""'-~lem' "'ill b, iA a..erdon" Ie tAa "Aderlying .eniAg-f~A&-I¡'lod Personal See nole s.. See note See See ~ Refer to See note ~ 1 s.. N/A ~ For develooed siles, the selback requirements shall be Ihose of the principal use of the subiecl propeny wireless 2 ""te I note] note I Section 22. not.,..;} For undeveloped sites the setback reQuiremenlS for new free-standin. PWSFs shall be 20' for front side and rear service + 967 for ~ facility maximum 2. Subiect to meetin. all applicable development standards. +¡he review process used ~I<>ws ,hall be heights for Nol Process I except for the followin. proDosals: None allowed allowed a. Pro.e" I if tha P"'SI' is .olle.ated OA . existing P"'~F. See note 5 types of on a .. Pre.ess III fer all AO'" fno standiAg P"'SFs; ex.oPt as modified iA "." .elo for PWSFs. PWSF a. Process III for the followin. proDosals: allowed i. The PWSF is located within 300 feel of a residential zone' Drovided the PWSF is less than] 5' above the ~ See note 3 build in. or Structure' or ii. The PWSF is located on a building or struclllre that is a residence or school or contains a residence or PWSFs school; provided the PWSF is less than IS' above Ihe build in. or struCture' or iii. The PWSF is a new free-standing PWSFs; except as mOOifie<I provided in "c." below. b. Process IV if the PWSF is a lattice tower accommodating four or more Droviders. c. Variance process pursuant to FWCC ChaDter 22 Article II Division 8 for the following DroDOsal,' i. The PWSF is collocated on an existin. PWSF and is more than IS' above the existin. facility; or ii. The PWSF is located on a publicly used slruCture not localed in a public ri.ht-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existing struCture in the BPA trail and is more than IS' above the existing structure' or iv. The PWSF is located on an exiStin. struCture in an approDriate public right-of-way and is more Ihan IS' above the existing structure; or v. The PWSF is located on a building or structure thaI is not a residence orschool and does not contain a residence orschool' Drovided the PWSF is more than IS' above the buildin. or Structure. 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plu, any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' 10 ISO' will be allowed under a combined application of four or more providers. ~ig n!HI r <Hmt-a\ 1GWed-<>fHH1.W.ðJ'. ~1. All PWSF shall be landscaped and screened in accordance with Aniele XVII and Ihe provisions of the PWSF development regulations. At a minimum. >'-<>f a five (5) foot Type HI landscaping area shall be required around the facility, unless the community development services director determines that the facility is adequately screened. 5. New free.standing PWSFs are allowed subieCt to hei.ht limits and collocation provisions PWSFs are allowed on existing tOWelS, on private buildings and structures on Dublic1v used StruCtures not located in public righlS-of-way on existin. Structures located in the BPA trail. and on existin. struCMes in aDDroDriate Dublic ri.hlS-of-way. Refer to Section 22.966(d) for develoDmenl standards aDoljcable to allowed Iypes of PWSFs. DRAFT ORDINANCE NO. 99- , PAGE 13 July 21, 1999 DRAFT Section 14. Section 22-966 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-966. Personal wireless service facilities (PWSF). ( a) Purpose. This section addresses the issues of location and appearance associated with personal wireless service facilities. It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, collocation of several providers' facilities on a single support structure, and visual mitigation measures are required, unless otherwise allowed by the city, to maintain neighborhood appearance and reduce visual clutter in the city. (b) Definitions. Any words, tenus or phrases used in this section which are not otherwise defined shall have the meanings set forth in section 22-1 of this Code. (c) Exemptions. The following antennas and facilities are exempt from the provisions of this section and shall be pennitted in all zones consistent with applicable development standards as outlined in the Use Zone Charts, Article XI, District Regulations: (1) (2) (3) (4) (5) Wireless communication facilities used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of Section 22-960, Rooftop Appurtenances, and Chapter 22, Article XIII, Division 5, Height. Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of Section 22-960, Rooftop Appurtenances, and Chaptêr22, Article XIII, Division 5, Height. Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property; provided such antennas comply with all applicable provisions of Section 22-960, Rooftop Appurtenances, and Chapter 22, Article XIII, Division 5, Height. 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; provided the AMR facilities are within the scope of activities pennitted under the franchise agreement between the utility service provider and the city. , PAGE 14 E}{B;~J ¡¡ [:' ~ PAGE~v 8 . JüTf21'71999 ~ DRAFT ORDINANCE NO. 99- DRAFT (6) Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings; provided that compliance with the standards of this chapter are maintained. ~@ Prioritized locations. The following sites shall be the required order of locations for proposed PWSFs, including antenna and equipment shelters, unless the city elects to modify the prioritization. In requesting proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why a 10catÍGning the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, based on an assessment of feasibility the &Í:W; prioritized locations for PWSFs are as follows: (3) (4) (1) Structures located in the BP A trail: A PWSF may be located GQn any existing support structure currently located in the easement upon which are located U.S. Department of Energy/Bonneville Power Administration ("BPA") Power Lines regardless of underlying zoning. (2) Existing broadcast, relay and transmission towers: A PWSF may be located GQn any existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. Publicly-used structures: If the city consents to such location, attached to a PWSF may be located on existing public facilities within all zoning districts, such as water towers, utility structures, fire stations, bridges, and other public buildings 'Nithin all zoning districts; provided the public facilities are not located within public rights-of-way. Appropriate Bbusiness, commercial!, and city center zoned sites: Structures or sites used for research and development, commercial and office uses. A PWSF may be located on private buildings or structures within appropriate business, commercial, arid city center zoning districts. The preferred order of zoning districts for this category of sites is as follows: BP--Business Park CP-I--Corporate Park E)",'~.,f1.., n'"ri, 1"'::',.8 f ¡ ""'~ '. f. '\:,.: [j ',: P A G E -.nO F~'JlC OP through OP-4--0ffice Park DRAFT ORDINANCE NO. 99- , PAGE 15 July2l,1999 .. DRAFT CC-C--City Center Core CC-F--City Center Frame BC--Community Business (5) Appropriate public rif!:hts-ofway: A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSFs shall be separated by at least 330 linear feet. There shall be no more than one PWSF located on an existing structure. Existing structures in appropriate public rights-of-way shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. ~{§} If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city. Sec. 22-967. Development Standards (d ) Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility. ,PAGE 16 EXHü[[!r~ 8 PAGE~ui: ù.-- " ~~1999 DRAFT ORDINANCE NO. 99- EB DRAFT P\VSFs 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, color, stealth techniques such as, but not limited to artificial trees and hollow flag poles, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or reside¡:1tial properties. ~~ Building or structure mounted PWSFs not in the right of way. PWSFs may be mounted on nonresidential existing buildings and structures not located in a public right-of-way shall conform to the following development standards under the follo'.ving conditions: (1) .1. b-.ill The PWSF shall consist only of the following types of facilities: a. b. The PWSF consists of a A microcell or a minor facility; or, A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: 1. The facility shall not create substantially more adverse visual impact than a minor facility; and, H. The equipment cabinet for the PWSF shall be located within an existing completely enclosed building on the site or underground, or the equipment cabinet shall not exceed six feet in height and occupy more than 48 square feet of floor area; and, HI. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts; and, . IV. The PWSF shall comply with all other applicable standards of the FWCC. The combined antennas and supporting structure shall not may extend more than up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the Use Zone Charts, Article XI, District Regulations. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. DRAFT ORDINANCE NO. 99- ,PAGE 17 EXHIBHT 8 luly21,1999 PAGE V... -."_..~ ---r'~/ 1li..." G-.ill DRAFT The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to Section 967(d). Panel and parabolic antennas shall be completely screened from residential views and public rights-of-way unless meeting the provision of section 22-960(b )(2). (b) PWSFs located on structures within appropriate public rif!;hts-of-way. These facilities shall conform to the following development standards: ill ~ (2) The PWSF shall consist only of the following types of facilities: a. The P\VSF consists of a A microcell or a minor facility; or, b. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: 1. The facility shall not create substantially more adverse visual impact than a minor facility; and, 11. The equipment cabinet for the PWSF shall be located underground. If underground placement is determined to be impracticable by the director of community development services, the equipment cabinet shall not exceed six feet in height and occupy more than 24 square feet of floor area, including areas for maintenance or future expansion; and, 111. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts; and, IV. The PWSF shall comply with all other applicable standards of the FWCc. The combined antennas may extend up to, but not exceed, 15 feet above the existing structure regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the Use Zone Charts, Article XI, District Regulations. DRAFT ORDINANCE NO. 99- ,PAGElS E}~~Jn n~- 8' PAG E3JOF ~1, 1999 (3) (4) (5) .. ."- DRAFT The antennas shall be mounted on the structure such that they are located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing enviromnent pursuant to Section 967(d). Structures in appropriate public rights-of-way proposed for location ofPWSFs shall be separated by at least 330 linear feet. Required setbacks shall not pertain to PWSFs within public rights of ways. EJj~ New free standing PWSFs New (ree-standinJ!¡ PWSFs. These structures shall conform to the following site development standards: a-.ill B-.ill ill ~ G-.ß} à-.ill Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. Monopoles shall be the only free-standing structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. In no case shall a free-standing PWSFs be located closer than 500 feet to an existing free-standing PWSF whether it is owned or utilized by the applicant or another provider. A free-standing PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20 feet for front, side, and rear yards. Free-standing PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: -l--.a. Use existing site features to screen as much of the total PWSF as possible from prevalent views; and/or ~.b. Use existing site features as a background so that the total PWSF blends into the background with increased sight distances. EXH~[)T" 8._..- PAGE~~~'-U- DRAFT ORDINANCE NO. 99- , PAGE 19 July 21, 1999 ~@ hill DRAFT In reviewing the proposed placement of a facility on the site and any associated landscaping the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The I!proposed color or color scheme te shall be approved by the hearing examiner or community development director as appropriate to the process. C d) Screenin~ standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technology and design, as determined by the city. This may be accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition, the provisions for landscaping as outlined in the Use Zone Charts, Article XI, District Regulations, shall apply. ~~ Standards for electronics equipment enclosures. a-.ill . Þ-.ill (3) Equipment enclosures for all PWSFs, regardless of location, shall be placed underground if practicable unless underground placement is determined to be impracticable by the director of community development services. In requesting above ground placement, the burden of demonstrating impracticability shall be on the applicant. If above ground, screening of P\VSF equipment enclosures shall be provided screened with one or a combination of the following materials methods, which screening shall be acceptable to the city: fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as possible from any street and/or adjacent properties, as determined by the director of community development servcies. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, as determined by the city. Except for equipment enclosures in public rights of ways, enclosures shall be located outside of required setback areas. CD Additional standards for equipment enclosures for PWSFs located on structures within appropriate public ri~hts-or-way: EXH~l3n~'; 8 c-.-- PAGE-"OF~ DRAFT ORDINANCE NO. 99- , PAGE 20 July2l,1999 (1) (2) (3) (4) (5) DRAFT Equipment enclosures shall be located on adjacent properties outside of public rights-of-way unless such location is determined to be impracticable by the director of community development services. Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. Equipment enclosures and screening shall not adversely impact vehicular sight distance. . Equipment enclosures located within the public right-of-way shall not exceed six feet in height and occupy more than 24 square feet of floor area, including areas for maintenance or future expansion. G-. No wireless equipment revie'Ned under this section shall be located within required building setback areas. ~(g) Security Fencin?;. Security fencing, if used, shall conform to the following: ~ a-.ill b-.ill G-.Q} No fence shall exceed six feet in height as stipulated in section 22-1133(5). Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. Chain-link fences shall be painted or coated with a nonreflective color. E6jQ:ù 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 tOO additional permits GaB may be granted so as to not adversely effect the visual character of the city. (+jill Si?;naf!:e. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for signs used for identification and name of provider. ~G) (1) Use zone charts, height and permit process. The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the Use Zone Charts, Article XI, District Regulations. DRAFT ORDINANCE NO. 99- , PAGE 2\ E ~f U " !t'f) 11""'-' t f¡~. ~t1 fj ~." .. ._~ ---- P A G E 3\ a F'~ 2\, 1999 DRAFT (2) Allowed heights shall be established relative to appropriate process as outlined in the Use Zone Charts, Article XI, District Regulations. Sec. 22-968. Nonconformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 22, Article IV, Nonconformance, to bring the property into conformance as follows: (a) To provide the public improvements required by Chapter 22, Article XVI, Improvements, as stipulated in Section 22-336. (b) To bring the property into conformance with the development regulations prescribed in Chapter 21 relating to water quality as stipulated in Section 22-337(a)(7). All other requirements of Section 22-337 to bring the property into conformance with the development regulations prescribed in Chapter 21 relating to water quality shall apply. Section 22-969. Temporary Personal Wireless Service Facilities. As determined by the director of community development services, a temporary personal wireless service facility, or cell-on- wheels, may be deployed and operated as follows: ~ (a) For a period of90 days during the construction of a free-standing PWSF which has been approved through the appropriate permit process; provided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell-on- wheels shall be permitted for a single site. (b) F or a period of 30 days during an emergency declared by the city, state, or federal government that has caused a free-standing PWSF which has been approved through the appropriate permit process to become involuntarily non-operational; provided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell-on- wheels shall be permitted for a single site. (c) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the director of community development services in order to guarantee performance of future removal and restoration of the site. , PAGE 22 EXH~B~T..--L P A G E -'fa F:-U- July2l,1999 DRAFT ORDINANCE NO. 99- DRAFT Section 22-970. Application Requirements. (g) Application requirements. (a) Except for Temporary Personal Wireless Facilities, !!.Qermit applications made under this section shall include the following minimum information in addition to that required for the underlying permit review process: (1) (2) (3) (4) (5) ~ (6) (7) (8) A diagram or map showing the primary viewshed of the proposed facility. Photosimulations of the proposed facility from effected properties and public rights-of-way at varying distances. Architectural elevations of proposed facility and site. A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. The explanation shall include an analysis of alternative sites and why the requested site is preferred over other possible locations the feasibility of locating the proposed PWSF in each of the higher priority locations as identified in Section 22-966( d), and documentation of why locating the PWSF in each higher priority location and/or zone is not being proposed. An inventory of other PWSF sites operated by the applicant or other providers that are either in the city or within ~ one mile of its borders radius of the proposed PWSF location, including specific information about location, height, and design of each facility. A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. If the PWSF electronic equipment cabinet is proposed to be located above ground, regardless of the proposed location, whether on private or public property or within public right of way, an explanation of why it is impracticable to locate the cabinet undergrouund. If the equipment cabinet is proposed to be located in a public right-of-way, an explanation of why it is impracticable to locate the equipment cabinet on adjacent property outside the public right-of-way. E+1122 Documentation of efforts to collocate on existing facilities. WQQ2 Other information as deemed necessary by the community development director. , PAGE 23 EXHgBn~~' 80 ... ..-.-- PAGE-48°F ~'. 1999 DRAFT ORDINANCE NO. 99- DRAFT (b) Permit applications for Temporary Personal Wireless Service Facilities shall include the following minimum information: (1) Documentation of previously permitted facility. (2) Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (3) Photographs of the proposed facility. Section 22-971. Collocation. (h)Collocation. ~ W@2 A permittee shall cooperate with other PWSF providers in collocating additional antenna on support structures and/or on existing buildings and sites provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. R1{Q2 A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. Section 22-972. EMF Standards and Interference. (i) EAIF standards and interference. W@2 The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions1 aHd compare the results with established federal standards, and provide a statement that the EMF emissions are within established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If on review, the city finds that the PWSF does not meet federal standards, the ,PAGE 24 EXHfj '. '_..8""._",-..-~1, 1999 PAGE~OF~ DRAFT ORDINANCE NO. 99- DRAFT city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed. ~D22 The applicant shall ensure that the PWSF will not cause localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. If on review of a registered complaint the city finds that the PWSF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed. Section 22-973. Removal of Facility. EH Facility rcmo'.Jal. " iIi' E-4~ 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, +!he owner or operator of a PWSF shall notify the city in writing Yf*ffi of the discontinued use abandornnent 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 site's use is discontinued PWSF is abandoned, it ceases to be operational, 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 could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (b) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially abandoned PSWF shall notify the city in writing of the partial abandornnent of a particular facility within 30 days ofthe date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the PWSF. ¡fanother 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. ~(c) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon W 210 days of its discontinued use abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility has been is located. If the property owner fails to remove the facility within 30 days of notification by the city, the city or its agent may enter upon the subject property and cause the facility to be removed at the property o'.'mer's expense. The , PAGE 25 EXHll " B PAGEJllaLn If-Ì- July2l,1999 DRAFT ORDINANCE NO. 99- DRAFT city shall then send to the property owner a verified statement of the cost of expenses. The property O'Nner shall be liable for the payment of such costs and expenses. In the event the property mvner fails to pay the costs and expenses, the city may file a lien against the property ovmer's real property in the amount of such costs and expenses and record such lien 'Nith the King County Records Office. The city may enforce this paragraph using the procedures as set forth in FWCC, Article 3, Section 1-14. Section 22-974. Permit Limitations. W Permit limitations. Wûù A pennit for a PWSF shall expire ten years after the effective date of the pennit approval, unless earlier revoked by the city. A pennittee wishing to continue the use of a specific PWSF at the end of the ten-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application shall comply with all applicable laws and regulations dictating new pennit issuance. In ruling on said renewal the city shall consider all then existing regulations effecting the application that are appropriate to the technology and use. (J)[Q2 Five years after the date of the city's approval effective date of the land use process approval of a PWSF2 the pennittee or assignee shall submit a written statement summarizing its current use and plans, if any, for that facility/site for the next five years to the best of their knowledge. ~ ~~ Consistent with the provisions of Section 22-408, A~n approved penn it for a PWSF shall be valid for one year from the date ofthe city's approval effective date ofthe use process approval, with opportunity for a one-year extension. If not used a building pennit application is not received within one year of the effective date of the use process approval, or within the extension period, the pennit use process approval shall become null and void. Section 22-975. Revocation of Permit. m Revocation of permit. A pennit issued under this article may be revoked, suspended or denied for anyone or more of the following reasons: f-l-K~ù Failure to comply with any federal, state or local laws or regulations; E2-}(b) Failure to comply with any of the tenus and conditions imposed by the city on the issuance of a pennit; ~Û¿) When the pennit was procured by fraud, false representation, or omission of material facts; , PAGE 26 Ex~~~ri:' 8 PAGE-6uli~- ~, 1999 DRAFT ORDINANCE NO. 99- DRAFT (4j@ Failure to cooperate with other PWSF providers in collocation efforts as required by this article; WW Failure to comply with federal standards for EMF emissions; and Will Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. f1){g} Pursuant to Section 22-7(c), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. Section 15. Section 22-1473 ofthe Federal Way City Code is hereby amended to read as follows: Sec. 22-1473. When public improvements must be installed. (a) The applicant shall provide the improvements required by this article ifthe applicant engages in any activity which requires a development permit, except for the following: (1) The applicant need not comply with the provisions of this article if the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an MAl appraisal provided by the applicant) of all structures on the subject property, whichever is greater. . (2) The applicant need not comply with the provisions of this article if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (3) The applicant need not comply with the provisions of this article if the proposal is to locate a Personal Wireless Services Facility (PWSF) on the subject property. (b) Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are imposed by the city as part of the subdivision or short subdivision approval. Section 16. Severability. The provisions of this ordinance are declared separate and severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. , PAGE 27 EV... [J.."!'!."""pH 8 ffi. !i""d :' I p J\G" ~:: 1.1.11.. ...1, v M. L:. ~'-...I J ~,1999 DRAFT ORDINANCE NO. 99- DRAFT Section 17. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage, approval, and publication, as provided by law; PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of , 1999. APPROVED: RON GINTZ, MAYOR ATTEST: N. CRISTINE GREEN, CITY CLERK APPROVED AS TO FORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ,PAGE 28 Ex~~~~n'-- P AGE -"I.J ria SUIV "1. 1999 DRAFT ORDINANCE NO. 99- i ~ ~ ~ . j Ii 'I City of Federal Way PLANNING COMlVl.ISSION Regular Meeting E2rr C PJtGb-L u r' ~ July 21, 1999 ~.m. City Hall Council Chambers SUMMARY Commissioners present: Robert Vaughan (Chair), Karen Kirkpatrick, William Drake, Hope Elder, Eric Faison, John Caulfield, and Ed Soule. Commissioners absent: None. Alternative Commissioners present: None. Staff present: Senior Planner Margaret Clark, Contract Associate Planner Tim McHarg, and Administrative Assistant E. Tina Piety. Chair Vaughan called the meeting to order at 7:02 p.m. ApPROVAL OF MINUTES None. AUDIENCE COMMENT None. ADMINISTRA TIVE REPORT None. COMMISSION BUSINESS- Personal Wireless Service Facilities Code Amendments The Public Hearing was opened at 7:03 p.m. Commission Kirkpatrick excused herself from the Public Hearing due to the appearance of a conflict of interest. Mr. McHarg gave the staff report. The impetus for the amendments were changing technology and the need to make an unwieldy code section more user friendly. The proposed changes are needed to deal with mobile PWSF's, implement an interpretation made by the Community Development Services Director, create a process for facilities in the public right-of-way, and clean up the charts and text. The proposed changes consist of: I) adding three definitions; 2) changes to the use zone charts; 3) text changes. Discussion was held on Automated Meter Readers (AMR). The staff explained what it is and proposed a change to 22-966( c)(5), ".. . greater than two feet in height" is to be added after the words, ".. . other antennas." The Public Testimony was opened at 7:34 p.m. Pamela Krueger, Perkins Coie, 411 - 1O8th Ave NE, Ste 1800, Bellevue, W A 98004 - She is representing Puget Sound Energy. She provided the commission with a letter and back-up documentation about AMR's. Most of her testimony came directly from her letter. She wanted to make clear that an AMR is different from a PWSF in that it is solely for the collection of data for use by the company. She is asking that a clear exemption from PWSF's be made. She Planning Commission July 21, 1999 EX~~!.',-.. C rr"1 , , PAGE-Â-U~'--- explained that there are three parts to an AMR system: the device to modify the meter; a pole top device for the initial data collection; and a collection device that gathers data from several poll devices. As proposed, the code will exempt the first two parts of the system, with the third required to go through a Process I. This makes it difficult for PSE to get their system up and running. She requested that all three parts of the AMR system be exempt. Two concerns PSE has with the Process I is that it expires in 10 years and requires collocation, which would not work with their technology. Further discussion was held on the AMR issue. Staff concedes that further study is needed. In the interim, AMR's are similar to PWSF's and should be so regulated. Brian Johnson, Voice Stream Wireless, 19307 North Creek Parkway, #101, Bothell, W A 98011 - He spoke on the placement ofPWSF's on structures in the public right-of-way. Public utilities are beginning to require a 15 foot height distance between their transmission lines and PWSF's. He requested that PWSF's be allowed to exceed the 15 foot requirement in such cases. Lisa Verner, Commercial Development Solutions, PO Box 70372, Seattle, WA 98107- She is representing AT&T. She provided the commission a letter with a series of recommendations and went over each one. She asked from what did the city base the cabinet size? The size is too small. Staff replied that the cabinet sized is based on the Traffic Division's equipment box size which is based on the functional impacts to the right-of-way. She also expressed concern that only one PWSF may be located on an existing structure in the right-of-way. Staff replied that this is to avoid visual clutter. Josh Lonn, 120 Lakeside Ave, Ste 310, Seattle, W A 98122 - He represents Airtouch. He stated that he agrees with previous testimony. The 48 square foot limitation outside the right- of-way is a serious limitation. The restriction to one PWSF in the right-of-way is inconsistent with the city's policy of collocation. The Public Testimony was closed at 8:50 p.m. The commission discussed the need to reevaluate the equipment cabinet size, AMR's, and other issues raised in the public testimony. It was m/s/c to continue the public hearing to Wednesday, August 18, 1999. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN It was m/s/c to adjourn the meeting at 9:05 p.m. KICOMMON.ADIPLANCOM\ 19991072199SWPD , .. PUGET SOUND . ENERGY July 21, 1999 Federal Way Planning Commission Members c/o Ms. Tina Piety City of Federal Way 33530 1st Way South Federal Way, W A 98003-6210 Re: Draft Ordinance Amending Chapter 22 (Zoning) of the Federal Way Municipal Code Pertaining to Siting and Development Standards and Review Processes for Personal Wireless Communication Facilities Honorable Planning Commission Members: As you may know, Puget Sound Energy, Inc. ("PSE") is a regional utility company serving customers within the City of Federal Way. Over the years, we have enjoyed a good relationship with the City. In an effort to reduce the costs of our system for our customers, and as a part of the Washington Utilities Commission's approval of our merger with Washington Natural Gas in 1997, we have undertaken several programs designed to improve our service. One of these programs, which we have been able to implement effectively in a number of jurisdictions as another component of our utility system, is our Automated Meter Reading ("AMR") program. The AMR program allows us to take advantage of advances in technology and cut down on the necessity for reading a customer's meter at their point of location on the customer's property. Instead, by installing AMR facilities tluoughout a geographic area, the customer meter readers have the ability to send signals to collecting boxes, called "pole-top units," and through them to 10 foot antennas, called "control stations" (which are usually affixed to existing utility structures), to be recorded. Once recorded, the data can be used to enable PSE to bill its customers accurately and without having to dispatch company meter-reading personnel to each customer meter reader. The technology does not allow for the transmission of any signals received to be sent to third parties; it functions internally only. The reason that we submit this letter and will appear to provide public testimony regarding your draft ordinance is that the AMR facilities are going to become an important part of PSE's integrated system and we had hoped they would be XHI8~""WHE'.VED B'Y "W-1 E '. [Hrvy;'Mc~'~:~:.~~~ ~ [O7772-O532/BA992O2O.O531 PAG E---'-.¡O:f..lÖ.- Puget Sound Energy. P.O. Box 90868 . Bellevue, WA 98009-0868 . (206) 454-6363 Federal Way Planning Commission Members July 21, 1999 Page 2 treated as "public utilities" under the Federal Way Municipal Code, rather than "personal wireless service facilities." Our control stations really do not fit in with the defmition, purpose, or nature of wireless facilities. The prime example of their functional difference is that wireless facilities receive data from one party and transmit it simultaneously to another, which AMR facilities cannot accomplish. The reason that we do not wish to be characterized as "wireless facilities" is that the related development regulations may serve to prevent us from operating our system in a geographic area and subject us to obligations to comply with detailed regulations targeted at a different technology, adding unnecessary delay and costs to our AMR program. Although your city attorney has agreed that the AMR facilities fit within the scope of the existing utility franchise because of their purpose and function, city planning staff has treated the control stations which fonn part of the system is PWSF because of a perceived similarity to the antennas used by wireless communications providers. Staff has proposed a text amendment that would "change" the code to allow an exemption for these facilities. We appreciate staff efforts to resolve this issue. Presently, the amendment reads: n Sec. 22-966(c) Exemptions. The following antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable development standards as outlined in the Use Zone Charts, Article XI, District Regulations: (5) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for use in the sale of utility services, except for whip or other antennas; provided the AMR facilities are within the scope of activities permitted under the Franchise Agreement between the utility service provider and the City. [emphasis added]. The language of the exemption excepts out two of the three necessary components to make the AMR facilities functional - the control stations and the pole-top units. These exceptions to the exemption would make the exemption fail to achieve its purpose. Without these components, the system cannot function. We believe that staff concerns about the regulation of antennas that "look like PWSF" are unwarranted in the case of AMR Facilities. Their limited functional use drives their design to consistently be tubular and 10 feet in height, involving little to [O7772-O532/BA992020.0531 EXHIB~i' >. 7/21/99 P AGE -2...0 f~' ~ - --'- --"-----"- Federal Way Planning Commission Members July 21, 1999 Page 3 no additional aesthetic impact on the sUITounding environment, especially in the case of existing utility structures. In order for the amendment to cover the integrated AMR facility but still require some administrative review for the control stations, we suggest the following: (5) Automated meter reading (AMR) facilities including but not limited to, control stations. pole-top units, customer meter devices. for use in the sale of utility services (regardless of their location, e.g., right-of-way, easement or franchise area), provided the AMR facilities are within the scope of activities permitted under a valid Franchise Agreement, except for antennas co-located and exceeding the height of an existing pole or other structure more than fifteen (15) feet. AMR facilities fitting within this exemption are "Public Utilities" and subject to the related development standards when not being constructed on an existing utility structure. AMR facilities located on an existing utility structure on public right-of-way will be subject to Process I review, as described in the Use Zone Charts. Article XL District Regulations. In order to provide consistency with the remainder of the Code, the following note should be provided under the "Required Review Process" heading for public utilities in each zone: ~ AMR Facilities. as defined in Sec. 22-966. which are proposed to be located on existing utility poles in public right-of-way. shall be approved through Process I. We believe these revisions appropriately reflect the divergent nature of the AMR technology versus the wireless communication facility technology. We hope you agree that where differences of function and purpose exist to differentiate the use to which an antenna is put, that such differences are not ignored because of an overriding concern regarding the regulation of wireless communications providers. PSE is not proposing to be another provider of wireless communications facilities -- but only to be allowed to upgrade its integrated utility-system technology to allow it to better serve its customers in Federal Way. [O7772-O532/BA992020.0531 EXH~!\"'5; ...----. ) , ~~~."J !' ! . .:..",' I ' ,,-,..~- 7/21/99 PAG E-L ~ F 1.1..- Federal Way Planning Commission Members July 21, 1999 Page 4 We appreciate your consideration of our comments as you decide how to recommend the personal wireless service facility amendments to the City of Federal Way Municipal Code to the City Council. Sincerely, Puget Sound Energy, Inc. BY:~ Brian Poll om, Project Manager for AMR Facilities PWK.:tmm t [O7772-O532/BA992020.0531 EX H I B ~ t._:þ_--,,-- PAGE-A-OF --1L 7/21/99 - -_...-.....-.~..........u..<~..._-._" . ..-,.. ~ ~ .-- , -- .. .. ~ .. -- .. .. .. .- .- ~ - t- .. .. .. . . . .. .. .. , , .. .. , , , , , þ - PUGET ",." SOUND EN'ERGY AUTOMATED IVIETER READING AMR PROJECT EXH I B ~!L__- PAGE 5 OF'11- é .'..'..' . IP.'.llIGIT I. -.5'(}lD~ . lfNERGY , . . . . . . . . . . . . , , . . It It It ,J. . . . . . . . . þ þ . þ . t Þ Þ Þ Þ a INTRODUCTION TO "AMR" Puget Sound Energy's Automated Meter Reading (AMR) project is a company-wide effort to do business in an improved manner. The merger between Puget Sound Power & Light and Washington Natural Gas created PSE. The new company is evaluating new ways to do its business and new ways to provide value for its customers. One of the basic business decisions is to implement AMR. All electric and gas meters at residences are read periodically to determine a customer's usage. This information is used to bill individual customers. The AMR project is an upgrade in the technology of gathering data nom the meters. Project Description The AMR system "reads" information ITom a customer's existing electric and gas meters through the use oftelemetering. The system has three levels. The fITst level consists of customer meters. Each meter is retrofitted to periodically broadcast usage information. The second level consists of "pole-top units," which are small antennas (10" to 12") and a connecting box attached to existing PSE power poles, or similar structures. The antennas collecUhe information ITom customer meters. The third level is the control station; this is a 10' whip antenna mounted to the top of an existing PSE power pole, or similar structure. The control stations gather the information ITom the pole-top units and pass it along, through telephone lines, to the PSE billing department. These facilities are "plug and play." They do not use foundations or equipment shelters. They are not pennanent fIXtures and can be moved as demand shifts. They do not involve a public communication network; they are strictly for PSE's own internal use. Upgrade to Existing Service Meter information is currently gathered by meter-readers. The AMR technology is less labor intensive; meter-readers have been and are being deployed to other areas of the company. Air pollution and traffic congestion are reduced. The technology provides PSE with the ability to accurately read the meter at any time during the day and not interfere with a customer's schedule. Outages are serious problems for PSE. Currently, the company is notified by telephone calls ITom affected customers. Through the AMR software, customer outage detection and power restoration at either the transformer or meter levels can be completed quickly and easily, thus improving customer service. Reading errors and the need to estimate customer bills are virtually eliminated. Database management is improved for daily functions such as closing reads, change of accounts, billing disputes, and outage history. AMR provides improved mËxH'ié i~'_.~_._- PAGE-,--OF .I.L- Puget Sound Energy 0 10608 \J.E. 4th Street 0 BellevuE. VVi',98004 ~ ,,' . ... . PUGET .~,I .'.'.PtSOUND . ' ENERGY ,. .. ~ . It . . . . It It . . t t . . . . . . ~ . . It It . . . IÞ IÞ . . IÞ . . . . . þ þ . reduces new meter installation costs. PSE will use AMR customer-generated information to develop new products and services based on customers' usage patterns and requirements. Conclusion PSE is automating its gas and electric meters. Several pilot projects were conducted by PSE and the current technology was selected. The AMR system was fITst installed in Thurston County. Our deployment is growing ITom south to north across PSE's coverage area. Outside the PSE area, AMR services are currently used in states such as Missouri, Texas, and California. They are also used internationally. AMR is a more efficient way of providing essential data services for PSE. It provides the same information that is currently being gathered and used internally. Implementing AMR across the utility is a basic business decision by PSE. PSE customers will receive the benefits PSE achieves through using this upgraded technology. 11/12/98 Puget\AMR \book narrati yo.doc EXHH8~T-~ ~ PAGE~OF~ Puget Sound Energy 0 10608 \J.E. 4th Street 0 Bellevue, WA 98004 .,p, .....................,................'~..~ ~~ G):I: m=- L~.~.. ¡-~ C t;'~ V ; _I -i I ¡ How automated meter reading works EleCtrii:m~terswill be replaced and gas meters modified to contain radio devices that can transmit energy usage data at regular intervals, or on demand. Usàge. from about 200 meters on homes within a 1/4 mile radius will be collected by bread box-sized uniß typically mounted on existing PSE utility poles. ~ Data collection units within a five-mile radius will transmit information to control station antenna~, also typically attached to PSE poles, and connected to control boxes at ground level. Data from control station uniß will be transmitted via telephone lines to a (ellNet operations center, then processed and routed to the appropriate data s-mems at PSE and Con nexT . . ~ ~' þ ) Þ f L Þ Þ Þ Þ Þ Þ Þ Þ t t t t Þ Þ Þ Þ Þ Þ .ï Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Þ Control Station --_.-...-...~-~._. .'-.".. ............... ~1'<."'"" .,""'J.;. :1:~~1 .,. EXHIBW7. ._).~..... PAG E-!- 0 F-"-- ~ . ~ . . . . . . . e 8 I) I 8 . 8 8 8 !Þ . ~t . . t It . . . . "~a . . . . . . . . þ . Pole Top Units ,-.,--.." '" 't,: :":,:~--(~Ó,;;::, tt \. ' . . .:,.J:., ' ., , . . :' ' ," ", .. , , ' ~iiC:~if.'â:;\~~i".',-... --;::<jr: 1 ; I >,¡, EXU, ~~",,~r"C' ~ ¡n'l1~ PAGE 'OVf " , .", ",. "",-"""""""",d",""""".I"'I"'~""\1""."...,, J . 'ø . . e . . e e e e e " ., 8 8 ~ For more information, please contact: Brian Pollom Puget Sound Energy _.: AMR Project Manager 10608 NE 4th GEN-02E Bellevue, WA 98009-5076 (206)604-5141 ~ If !' ¡~ . '. ~ . . . . ~ It , t . . t . . . . þ þ . PUGET '. SOUND ENERGY EXH I B n~"'J}_.__._- PAGE ,\ OF,II ,.t.'.< -~~ Commercial Development Solutions . '. \ \ .~\ Consultants to the Rea! Estate Industry ---. July 21, 1999 Planning Commission City of Federal Way 33530 1 st Way South Federal Way, Washington 98003-6221 RE: PROPOSED ORDINANCE ON PERSONAL WIRELESS COMMUNICA nON FACILITIES Dear Planning Commissioners, ¡ Thank you for the opportunity to present comments during your public hearing on the current draft of the City's proposed Personal Wireless Communication Facilities (PWSF) ordinance. These comments are made on behalf of AT&T Wireless Services, a local and national wireless service provider. Ross Baker, External Affairs Manager and Land Use Counsel for A TTWS, is unable to attend the hearing this evening. 1. Framework (pages 4 through 13) It appears the ordinance is designed to treat Personal Wireless Communication Facilities (PWCF) in about half of the City's zones one way and a different way in the other half of the zones. For example, PWCFs must obtain a Process III approval in the SE, RS, RM, PO, and BN zones. They must obtain a Process I approval in the BC, CC-C, CC-F, OP, OP 1-4, BP and CP-l zones. While both of these approval processes are administrative, the Process III requires significant public notice and significant review time while the Process I does not. Since wireless antennas work through a "cell" system across the City, there will be some antennas within residential zones. Use of a Process I in residential zones can be an important incentive for locating antenna sites in preferred locations within residential zones. Also, new monopoles may be needed to support antennas in residential zones in instances where existing support structures are not available. The City is not allowed to deny coverage to one or more areas within its jurisdiction. Recommendation: Amend the Use Zone Charts for the SE, RS, RM, PO and BN zones so that Item 2.a calls for "Process I" instead of "Process III." . .' E. EXHIB~T -.-..-- PAGE-LOF -4- Post Office Box 70.'37:2 . :;eattle Washington 981Oì :206.286.8575 . Mobile 206.601.~<}51 . Isverner@ao1.com . Fax 206.236.8.J.26 .' .. """-'~-~~'.__-.a.._. . . L Letter to City of Federal Way Planning Commission July 2 I, 1999 Page 2 Recommendation: Amend the Use Zone Charts for the SE, RS, RM, PO and BN zones so that (revised) Item 4 alIows new free-standing PWSFs when approved through a Process IV (public hearing). Recommendation: Amend the Use Zone Charts for the SE, RS, RM, PO and BN zones to allow PWSFs to be located on utility poles within rights-of-way through a Process I in order to fully utilize existing structures. 2. Section 22-966 (d) (3) (page 27) This section discusses "fublicIv-used structu~s" as the third priority for locations of PWSFs. However, it explicitly does not include publicly-use structures in rights-of-way. Therefore, the use of utility poles to support antennas is not allowed. This means a great many existing structures can not be used and increases the possibility of new monopoles. Recommendation: Delete the phrase" provided the public facilities are not located within public rights-of-way" from this section. '" J. Section 22-966 (d) (4) (page 27) This section uses the word "appropriate" without defining it. "Appropriate" is used in many other sections of the proposed ordinance and is not defined then either. This word should be deleted because it is vague and its meaning is unclear. Recommendation: Delete the word "appropriate" from this section and the other sections of the proposed ordinance. 4. Section 22-966 (d) (5) (page 28) This section addresses "appropriate public rights-of-way" and, in the 3rd sentence, states that "there shall be no more that one PWSF located on an existing structure." This is inconsistent with the collocation sections later in the proposed ordinance. Limiting the number ofPWSFs which can locate together does not promote or encourage collocation. The 4th sentence in this section states "existing structures... shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction.. ." Again, this section contradicts the stated desire expressed later in the ordinance for collocation of facilities. Generally, wireless providers are not the ones building facilities in rights-of-way and so come along after someone else has built a structure which may be able to support a PWSF. Why is a one-year . \'ITWS\FWavltr2.doc EXHIBIT...-- PAGEj.OF -4- '" ". '... . ". \ Letter to City of Federal Way Planning Commission July 21, 1999 Page 3 moratorium needed? Why penalize the wireless service providers and reduce the number of possible antenna locations? d' I h rd dth fh" Recommen atlOn: De ete t e 3 an 4 sentences 0 t IS sectIon. 5. Sections 22-967 (b) (1) b.ii (page 30). (e) (I) (page 32). and (f) (page 33) These sections discuss undergrounding of the electronic equipment needed to make the PWSF work. Undergrounding is required unless determined impractical by the Community Development Director. If the equipment is located above ground. it must cover not more than 24 square feet and be not more than 6 feet high. These provisions discriminate against several existing wireless service providers. For example, AT&T Wireless has both analog and digital equipment to support its antennas. It does not underground its equipment for safety, usability, and practicality reasons. Its equipment box is larger than 24 square feet and taller than 6 feet high. (It is generally 12' x 20' by 10' tall.) These provisions do not allow AT&T Wireless to use its electronic equipment, and, as a result, the antennas do not work. Therefore, AT&T Wireless can not locate its facilities within the City of Federal Way, a violation of the 1996 Federal Telecommunications Act. There must be a provision within the zoning code which allows wireless service providers with large electronic equipment to house that equipment close to the antennas it supports. The equipment can be housed in small, architecturally designed accessory buildings or sheds. It can be located within an existing building, It can be landscaped and sight-screened, There are many ways to meet the City's goal of minimizing the vjsual impact ofPWSFs which do not include undergrounding the support equipment. Recommendation: Reword these sections to clearly state the Community Development Director may allow the electronic support equipment to be located above ground and identify criteria for making that decision. Recommendation: Rewrite these sections to delete any reference to the size of the electronic equipment and allow each wireless service provider to obtain the appropriate "floor area" for its equipment. Recommendation: Clarify the standards which apply to electronics equipment located within and outside of rights~of-way. . \TTWS\FWayltr2.doc EXH I B r=: _E_- PAGE-10F -4- ,.,...'..~.\.....,.. , ." l Letter to City of Federal Way Planning Commission July 21, 1999 Page 4 6. Sections 22-967 (c) (4) and (5) (page 31) There is a conflict between the requirements of these two sections. Paragraph (4) identifies setbacks required for PWSFs. Paragraph (5) requires the location of a PWSF take advantage of existing trees and mature vegetation to screen a PWSF. In many cases, existing tall trees and mature vegetation are on the perimeter of lots and within the setback areas. The ability to locate within the setback area in order to take advantage of existing site features should be addressed here. Recommendation: Add language to the end of the 1st sentence in Paragraph (4): ", provided the free-staflding PWSF may be located within the setbacks if necessary in order to meet Subsection (5) below." Conclusion Thank you for this opportunity to offer comments on the draft ordinance. Please use them as you revise the draft during your deliberations after the public hearing. This draft ordinance protects the community by identifying areas of concern (such as view protection, screening and collocation) and ways to address those concerns. Also, you have worked hard to understand how the wireless industry works, so both industry and community goals can be achieved. Please call me at 206-286-8575, or contact Ross Baker at 206-389-530 I, if you have questions or need additional information. Sincerely, (/ft ]1'-" ¿/ t! ;lAtA... Lisa S. Verner Principal C: Ross Baker, A TTWS ~~~~~4-h . .\TTWS\FWayltr2.doc CITY OF FEDERAL WAY PLANNING COMMISSION REPORT August 11, 1999 Personal Wireless Services Facilities (PWSF) Federal Way City Code (FWCC) Text Amendment A. INTRODUCTION On July 21, 1999, the Planning Commission held a public hearing on proposed amendments to the Zoning Code regarding Personal Wireless Services Facilities (PWSFs). After hearing testimony, the Planning Commission continued the public hearing to August 18, 1999. Additionally, the Planning Commission directed staff to perform additional research and to work with personal wireless service providers to address identified concerns. This Planning Commission Report supplements the previous Report of July 14, 1999, and summarizes the results of staff s research and work with personal wireless service providers. For additional background information, please refer to the previous Planning Commission Report. Attached is a revised Draft Ordinance which identifies the proposed text amendments to the Zoning Code regulations regarding personal wireless services facilities. The draft ordinance has been prepared in "line-in/line-out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. Federal Way City Code Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for Zoning Code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: . To review and evaluate the proposed Zoning Code text amendment regarding Personal wireless services facilities; . To determine whether the proposed Zoning Code text amendment meets the criteria provided by FWCC Section 22-523; and, . To forward a recommendation to City Council regarding adoption of the proposed Zoning Code text amendment. B. BACKGROUND 1. Section 704 of the Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, provided that regulation not EXUI~nr:.-. ~ nß!k7)li u -r.n_- .-.- PAGELOf'*,-- discriminate among providers of functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of personal wireless services. The proposed Personal Wireless Services Facilities (PWSF) Federal Way City Code (FWCC) text amendment is consistent with the intent and purpose of the Federal Telecommunications Act of 1996 and RCW 80.36.375, which partially preempt a city's authority to regulate personal wireless service facilities. 2. An Environmental Determination of Non-Significance (DNS) was issued for the proposed Personal Wireless Service Facilities Zoning Code Text Amendment on June 26, 1999. As a component of issuing the Environmental Determination, the DNS was published in the Federal Way Mirror. The appeal period for the DNS ended on July 12, 1999 with no appeals filed. The revised draft Personal Wireless Service Facilities Zoning Code Text Amendment represents minimal changes from the initial draft. Therefore, modification of the Environmental Determination of Non-Significance (DNS) is not required. 3. Based upon the testimony provided at the July 21, 1999, public hearing, Staffhas worked with the following personal wireless service providers in developing the revised draft Personal Wireless Service Facilities Zoning Code Text Amendment: . Airtouch Cellular; AT&T Wireless; and, Voice Stream Wireless. . . Additional correspondence, dated August 10, 1999, received from these providers in the course of the development and revision of the draft Personal Wireless Service Facilities Zoning Code Text Amendment is attached for your reference. 4. A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft Ordinance which identifies the proposed text amendments to the Zoning Code regulations regarding personal wireless services facilities were mailed to the following personal wireless services providers: . Airtouch Cellular; . AT&T Wireless; . GTE Wireless; . Nextel Communications; . Sprint PCS; . US West Wireless; and, . Western Wireless. EXH ~ B f]T:"._.~_._--- PAG E-2- 0 t~'-41L= City of Federal Way Planning Commission Report PWSF FWCC Text Amendment August 11,1999 Page 2 C. ANAL YSIS OF AND RESPONSE TO COMMENTS PROVIDED AT JULY 21, 1999, PWSF CODE AMENDMENT PUBLIC HEARING 1. Automated Meter Reading (AMR) Project Issues Pamela Krueger, representing Puget Sound Energy (PSE), presented a letter from Brian Pollom, PSE Project Manager for AMR Projects. As you are aware, the AMR project has been the subject of extensive dialogues between the City and PSE. The comments, and Staffs response, can be summarized as follows: a. AMR facilities should be treated as public utilities under the Zoning Code. Response: The AMR project has been determined to be within the scope of the current Franchise Agreement between the City and PSE. However, this determination does not limit the City's legitimate interest in regulating the land use and aesthetic impacts of the AMR project through the Zoning Code. This legitimate interest is illustrated by the fact that public utilities are subject to either Process II or Process III review in all zones, even if the utilities are the within the scope of permitted activities within a Franchise Agreement. Therefore, as discussed below, PSE's request to review AMR facilities through Process I is inconsistent with the current Zoning Code provisions for public utilities. However, it is clear that AMR facilities fit within the Zoning Code definition of Personal Wireless Service Facility (PWSF), as follows: " . . . a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission. cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas." This definition is consistent with the Washington State Energy Code (WAC 51- 11-1210) definition of Personal Wireless Service Facility. As described in the materials submitted by PSE, the AMR project includes wireless communication facilities on individual meters, which relay radio frequency signals to wireless data collection units stationed on PSE poles, which in turn relay the meter information via radio frequency signals to control station antennas, which relay the information to PSE offices via radio frequency signals. This fits the Zoning Code definition of a PWSF. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EXH ~ f8!¡ f__. r~_._..- P A G E~ 0 F,~ust IIp¡::~ b. AMR facilities are not PWSFs because the technology involves only one party (i.e. PSE). Response: There is nothing in the Zoning Code definition of PWSFs that addresses the number of parties involved in the transmission or reception of radio frequency signals. In fact, the ability of the City to regulate PWSFs on the basis of the type of radio frequency signals utilized by the facility is pre-empted by the federal government consistent with the Telecommunications Act of 1996. c. AMR facilities have little to no additional aesthetic impact on the surrounding environment. Response: As described in the materials submitted by PSE, the AMR project includes two types of facilities that would be located on structures within public rights-of-way: data collection units and pole top units. Data collection units are the approximate dimension of a bread box, with an approximately one (1) foot antenna, which would be mounted on existing power poles. Staff concurs with PSE that the data collection units will have minimal aesthetic impact based upon their size, the length of the associated antenna, and their location on power poles. Therefore, Staff has recommended exempting the data collection units from review under the PWSF section of the Zoning Code. This revised exemption has been included in the Draft Zoning Code Amendment, as FWCC 22-966(c)(5). However, the control station units would include an approximately ten (10) foot tubular antenna with a ground mounted equipment enclosure. Because of the dimensions and configuration of the control station units, the functional and aesthetic impacts are identical to those of any other PWSF in the same location. d. AMR facilities located on existing structures in the public right-of-way should be subject to Process I review in all zones. Response: As discussed above, the Zoning Code Amendment submitted by PSE recommends that AMR facilities, including customer meter devices, data collection units, and pole top units be treated as public utilities in the Zoning Code. PSE further recommends that any AMR facility located on existing structures in public rights-of-way be reviewed through Process I. PSE has indicated that approximately 110 data collection units and approximately three (3) to four (4) control station units would be located within Federal Way City limits to fully implement the AMR project. Therefore, based upon PSE's City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EXHI!.,~..,¿I"..!¡.r-.. F.. O/k;di [i PAG E~Ö F ~ust IIp:::: recommendation, a total of approximately 113 Process I reviews would be required to obtain complete land use approval for the AMR project. Based upon the exemption for the data collection units recommended by Staff, the control station units would be subject to review as a PWSF. Therefore, a total of three (3) to f01.l[ (4) Process III reviews would be required to obtain complete land use approval for the AMR project. It is important to note that this assumes that the control station units will be located within residential zones in order to receive the radio frequency signals from the data collection units. Planning Commission directed staff to perfonn additional research regarding how other jurisdictions in the Puget Sound region are regulating AMR projects. The proposed regulation of AMR facilities as PWSFs is consistent with the Zoning Code interpretation and application of other jurisdictions. Our research identified the following infonnation: . Covington has concluded that the AMR project is a PWSF and will be regulated with the PWSF provisions of the Zoning Code. Additionally, the AMR project was subject to Covington's current moratorium on PWSFs. Thurston County requires a special use pennit and public hearing for AMR projects, because they are considered to be a PWSF. Mercer Island does not allow AMRs at all, because they are considered to be a PWSF and are therefore exceed the scope of the PSE's Franchise Agreement with the City of Mercer Island. Kirkland does not require land use approvals for the data collection units. However, the control station units are reviewed under the PWSF provisions of the Zoning Code. Redmond does not require land use approvals for the data collection units. However, the control station units are reviewed under the Wireless Communications provisions of the Zoning Code. SeaTac would process the AMR project under the Wireless Communications provisions of the Zoning Code. Renton does not require land use approvals if PSE is adding AMR facilities to their own existing poles, since it would be considered to be a component of the utility system. However, if the AMR facilities are to be located on City-owned poles or within the public right-of-way, the PWSF provisions of the Zoning Code would apply. . . . . . . Finally, Staff contacted Jim Doherty, Land Use Attorney for Municipal Research, to review the AMR issues. Municipal Research does not currently have any AMR ordinances on file. However, Mr. Doherty indicated that he believes that PWSF ordinances would apply to AMR projects, based upon the similarity of technology, siting requirements, and impacts. EXH~BHT -F PAGE 5 OF Jt/L City of Federal Way Planning Commission Report PWSF FWCC Text Amendment August 1 1,1999 Page 5 2. Comments Submitted by Personal Wireless Service Providers Lisa Verner, AICP, of Community Development Solutions, submitted comments on behalf of AT&T Wireless Services. These comments were supported and reiterated by Joshua Lonn ofthe WaIter Group, representing Airtouch Cellular, and Brian Johnson of Voice Stream Wireless. Taken in the sequence provided in the testimony and attached correspondence, the comments, and Staffs response, can be summarized as follows: a. Recommendati~n: Amend the Use Zone Charts for the SE, RS, RM, PO, and BN zones to review PWSFs through Process I instead of Process III. Recommendati~:m: Amend the Use Zone Charts for the SE, RS, RM, PO, and BN zones to allow »WSFs to be located on utility poles within public rights-of-way through ProceS$ 1. Response: Thi$ recommendation represents a major change in City policy regarding notice provisions for significant land use proposals in these zones. Current City po[icy provides for Process III review of significant land use proposals in res~dential zones. Because of the isolated, "pocket" configuration and distribution of the PO and BN zones within residential areas, Process III review of signiflicant land use proposals in these zones is also required. Process III revi~w provides for 300 foot notification of surrounding property owners, which allows for comment and identification of issues of concern to residential neigll1borhoods. Additionally, Process III is required if a land use proposal is subject to environmental review under SEP A. As provided in the SEP A Rules (WAC 197- 11-800(27)), P\\!SFs are not exempt from SErA if the PWSF is to be attached to a structure that <;ontains a residence or school. Therefore, many PSWF proposals will be subject to environmental review under SEP A, which requires Process III approval. Staff believes that PWSFs are significant land use proposals and therefore recommends that the existing Process III review for PWSFs in these zones be preserved. b. Recommendatiqn: Amend the Use Zone Charts for the SE, RS, RM, PO, and BN zones to allow new free-standing PWSFs when approved through Process IV. Response: This recommendation represents a major change in City policy regarding allow~d PWSFs in these zones. Currently, new free-standing PSWFs are not allowed in residential zones. Because of the isolated, "pocket" City of Federal Way Planning Comm¡ission Report PWSF FWCC Text Amendment EX H ~ r3 ~ lr',__F- Aligust II, 1999 PAGE-'--OF:~ Page 6 configuration CWd distribution of the PO and BN zones within residential areas, new free-standing PSWFs are not allowed in those commercial zones. This PWSF policy is consistent with Comprehensive Plan guidance to protect residential neighborhoods from the impacts of non-residential uses. Staff believes that allowing new free-standing PWSFs in these zones would result in significant iIiIlpacts to residential neighborhoods and therefore recommends that new free-standing PWSFs be prohibited in these zones. c. Recommendatipn: Include all publicly used structures, including those structures located in public rights-of-way, as the third priority for locations ofPWSFs. (Code Referenq:e: FWCC 22-966(d)(3)) Recommendatipn: Allow collocation of PWSFs on structures within public rights-of-way. (Code Reference: FWCC 22-966(d)(5)) Response: Ba~d upon input from the Public Works Traffic Division, the prioritized hierarchy for locations ofPWSFs was expanded to include structures located in public rights-of-way as a component of the PWSF Zoning Code Amendment. In order to mitigate the functional and aesthetic impacts to public rights-of-way, these locations have been treated differently that the other prioritized locations for PWSFs. Specific development standards have been developed to address the issues that are unique to location ofPWSFs in public rights-of-way. Other publicly owned structures, such as schools, fire stations, and park structures, are Q.ot constrained in the same way as structures in public rights-of- way. The primary function of rights-of-way are for vehicular and pedestrian transportation <wd linear utilities. As such, public rights-of-way are spatially and functionally constrained to a much greater extent than other publicly owned sites and structures. Collocation is not feasible given the spatial and functional constraints of public rights-of-way. . Therefore, Staff believes that public rights-of-way present unique siting challenges that ~equire a lower prioritization within the hierarchy of PWSF locations and that do not allow for collocation. d. Recommendati~n: Delete the term "appropriate" from the public right-of-way category within the prioritized hierarchy of PWSF locations. (Code Reference: FWCC 22-966~d)(4)) Response: Bas~d on input from the Public Works Traffic Division, it was determined that only the following three (3) street classifications have sufficient City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EXH~Bwr_.-F August 11,1999 PAGE-10F'~ Page 7 right-of-way width to accommodate PWSFs: Principal Arterial, Minor Arterial, and Principal Collector. Other streets are sufficiently spatially constrained to make location <1IfPWSFs infeasible. Therefore, Staff believes that the term "appropriate" is self-referential in respect to these three (3) street classifications where PWSFs are allowed to be located. e. Recommendatipn: Delete the one (1) year waiting period from the date of completion of Qonstruction of structures in public rights-of-way for location of PWSFs. (Code Reference: FWCC 22-966(d)(5)) Response: Thi$ waiting period was developed to prevent the replacement of utility structures within public rights-of-way for the purpose of adding additional height in order to meet the elevation requirements of PWSFs. Such replacement would circumvent the height restrictions on PWSFs located on structures withip public rights-of-way. These height restrictions were established in order to miti¡ate the aesthetic impacts ofPWSFs. Therefore, Staff believes that the one (1) year waiting period is appropriate to prevent circumvention of the PWSF height restrictions. f. Recommendati<¡m: Revise the Development Standards for PWSF equipment enclosures to alJow above ground placement. (Code References: FWCC 22- 967(b)(1)b.ii; FWCC 22-967(e)(1); and, FWCC 22-967(f)) Recommendatiqm: Revise the Development Standards for PWSF equipment enclosures to d~lete reference to the size of the electronics enclosure. (Code References: FWCC 22-967(b)(1 )b.ii; FWCC 22-967( e)(1); and, FWCC 22- 967(f)) Recommendatiqn: Revise the Development Standards for PWSF equipment enclosures to clarify the standards which apply to electronics equipment in public rights-of-way. (Code References: FWCC 22-967(b)(1)b.ii; FWCC 22-967(e)(I); and, FWCC 22-967(f)) Response: As discussed below in Section D, Summary of the Proposed PWSF FWCC Text Amendment, the relevant PWSF Development Standards for equipment encl(j)sures have been revised to address these concerns. For PWSFs located outside of public rights-of-way, the prioritized hierarchy for location of equipment enclosures is as follows: 1. Locate the equipment enclosure underground. City of Federal Way Planning Commlission Report PWSF FWCC Text Amendment EXH~r';~c::7:' ¡:; ;",',1, ' , ." ",,:~, Ii ._..-..~--- PAGE" or= 11'~UgW, August II, 1999 -D- ...,-- Page 8 2. If underground placement is not feasible, locate the equipment enclosure above ground. The above ground equipment enclosure must be less than six feet in height and less than forty eight square feet in floor area. 3. If the above ground equipment enclosure is larger than these dimensional standards, locate the equipment enclosure in a fully contained building. It is important to note that the building can be added to the site, provided it meets all applicable Zoning Code requirements of the underlying zone. For PWSFs located within public rights-of-way, the prioritized hierarchy for location of equipment enclosures is as follows: 1. Locate the equipment enclosure underground on an adjacent property outside the public right-of-way. 2. If underground placement is not feasible, locate the equipment enclosure above ground on an adjacent property outside the public right-of-way. The above ground equipment enclosure must be less than six feet in height and less than forty eight square feet in floor area. 3. If the above ground equipment enclosure is larger than these dimensional standards, locate the equipment enclosure in a fully contained building on an adjacent property outside the public right-of-way. It is important to note that the building can be added to the site, provided it meets all applicable Zoning Code requirements of the underlying zone. 4. Iflocation outside the right-of-way is not feasible, locate the equipment enclosure underground in the right-of-way. 5. If underground placement is not feasible, locate the equipment enclosure above ground within the right-of-way. The above ground equipment enclosure must be less than six feet in height and less than twenty four square feet in floor area. This smaller equipment enclosure is required due to the spatial and functional constraints of the right-of-way. The revised Development Standards reflect the City's policy to underground all utilities when feasible. If this is not feasible, the applicant must document the reasons that the equipment enclosure cannot be located underground. If the equipment enclosure cannot be located on adjacent property outside the right-of- way, similar documentation is required. The dimensional standards for equipment enclosures located outside of public right-of-way is consistent with the definition of a "Minor Facility" provided by the Telecommunications Section of the RCW (RCW 80.36.375). Although the Personal Wireless Services providers recommend a dimensional standard for equipment enclosures of 100 square feet, Staff recommends consistency with the dimensional standards established by State Law. As discussed above, if the systems constraints of individual providers requires that the equipment enclosures exceed this dimensional standard, the equipment City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EVU"~W'W" .,-1\\ ru : d1;¿) l, U Plh R'" ¡,- .- {-- f~ A l;¡ l: -=a..U ~~ enclosure will be required to be located in a fully enclosed building. Staff believes that this represents an appropriate compromise between the needs of the providers and the legitimate interests of the City to exercise its zoning authority to mitigate the land use and aesthetic impacts of PWSFs. g. Recommendation: Allow location of free-standing PWSFs in setback areas in order to preserve existing vegetation as a visual screen. (Code References: FWCC 22-967(c)(4) and FWCC 22-967(c)(5)) Response: Staff agrees that, in many cases, existing tall trees and mature vegetation is located within the setback areas. This is the primary reason that PWSFs should be located outside the setback areas to take advantage of the screening function of the existing tall trees and mature vegetation. IfPWSFs are allowed within setbacks, the existing tall trees and mature vegetation in those areas would need to be removed for construction and future maintenance. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment EVUf"~W"W" r: ~.[nJU[;;;"¡ l! P A G E ID 0 F~~;:ib :-om ~t..~ ~.':-;~ GJ:x: m=- '-'-~ I,c=f a ~ D. SUMMARY OF THE PROPOSED PERSONAL WIRELESS SERVICES FACILITIES (PWSF) FEDERAL WAY CITY CODE (FWCC) TEXT AMENDMENT The previous Planning Commission Report of July 14, 1999, summarized each of the proposed amendments to Chapter 22-- Zoning of the Federal Way City Code regarding Personal Wireless Service Facilities (PWSFs). In the interest of brevity, the following table will summarize only those revisions that have been made since the PWSF Code Amendments public hearing of July 21,1999. The revisions can be grouped into the following two categories: 1. Amendments to Use Zone Charts; and, 2. Amendments to Zoning Code Text. 1. Use Zone Charts FWCC Section Page(s) of Dr; Ordinance 22-614 3 . In the SE Use Zone Chart, Notes 2.a.iv and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. In the RS Use Zone Chart, Notes 2.a.iv and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. In the RM Use Zone Chart, Notes 2.a.iv and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. In the PO Use Zone Chart, Notes 2.a.iv and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22-649 4 . 22-681 5 . 22- 700 6 . City of Federal Way Planning Commission Report PWSF FWCC Text Amendment August 11, 1999 Page II 22- 730 7 . In the BN Use Zone Chart, Notes 2.a.iv and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22- 762 8 . In the BC Use Zone Chart, Notes 2.a.i and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22-802 9 . In the CC-C Use Zone Chart, Notes 2.a.i and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22-817 10 . In the CC-F Use Zone Chart, Notes 2.a.i and 2.b.iv have been revised to allow the height of an antehl1a on a sfructtite within a può!ìc tight-or-way föòe extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22-835 11 . In the or, OPI-4 Use Zone Chart, Notes 2.a.i and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22-871 12 . In the BP Use Zone Chart, Notes 2.a.i and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. 22-906 13 . In the CP-l Use Zone Chart, Notes 2.a.i and 2.b.iv have been revised to allow the height of an antenna on a structure within a public right-of-way to be extended beyond 15 feet if the operator of the structure requires additional safety clearance distance. ~~ G):t m~ ~ m.'-"'..". ==:I --J , !J O~ ,,1 I rl City of Federal Way PlaDning Commission Report PWSF FWCC Text Amendment August II, 1999 . Page 12 ~~ Ci):t mC88 ~~.. ==3 0 ~ 2. Zoning Code Text FWCC Section 22-967(a)(1 )b.ii 22-967(b)(1 )b.ii 22-967(b)(1 )b.iii 22-967(b)(2) 22-967( e )(2) Page(s) of Draft Ordinance 17 18 19 20-21 21 . The development standards for PWSFs located on buildings or structures outside of public rights-of-way have been expanded to allow location of equipment cabinets within new, completely enclosed buildings, if the equipment enclosures cannot be located underground and exceed the 48 square foot limit. Previously, equipment cabinets could be located only within existing buildings. This will pr(}videadditienalflexibilityfor PWSprovÎèers with analog equipment. . The development standards for PWSFs located on structures within public rights-of-way have been expanded to allow location of equipment cabinets within new, completely enclosed buildings on adjacent properties outside of the right-of-way, if the equipment enclosures cannot be located underground and exceed the 48 square foot limit. Previously, equipment cabinets could be located only within existing buildings. This will provide additional flexibility for PWS providers with analog equipment. . The development standards for PWSFs located on structures within public rights-of-way have been clarified to limit equipment enclosures located within public rights-of-way to 24 square feet, if this location is approved by the community development director. This dimension was established based on input from the Public Works Traffic Division. The smaller size of the equipment enclosure within public rights-of-way is to limit the functional and aesthetic impacts to the streetscape. . The development standards for PWSFs located on structures within public rights-of-way have been expanded to allow the height of an antenna to extend beyond 15 feet if the operator of the structure requires additional safety clearance distance. " The development standards for equipment enclosures have been expanded to allow location of equipment enclosures within new buildings and structures, ifthe equipment enclosures cannot be located underground and exceed the 48 square foot limit. Previously, equipment cabinets could be located only within existing buildings. This will provide additional flexibility for PWS providers with analog equipment. City of Federal Way Planning Commission Report PWSF FWCC Text Amendment August 11, 1999 Page] 3 :g~ Ci):t ""'-312 m. :-'::;"1 ~' iUL.J cA- , " 01 -nrft FI ...., 22-967(e)(4) 21 . The development standards for equipment enclosures have been clarified to require that buildings containing equipment enclosures must conform with all applicable development standards for the underlying zone, including, but not limited to, setbacks, building height, and design guidelines. 22-967(t)(5) 21 . The development standards for PWSFs located on structures within public rights-of-way have been expanded to allow location of equipment cabinets within new, completely enclosed buildings on adjacent properties outside of the right-of-way, if the equipment enclosures cannot be located underground and exceed the 48 square foot limit. Previously, equipment cabinets could be located only within existing buildings. This will provide additional flexibility for PWS providers with analog equipment. 22-967(t)(6) 21 . The ~ standardsfot- PWSF slocated ßft structures within public rights-of-way have been clarified to limit equipment enclosures located within public rights-of-way to 24 square feet, if this location is approved by the community development director. This dimension was established based on input from the Public Works Traffic Division. The smaller size of the equipment enclosure within public rights-of-way is to limit the functional and aesthetic impacts to the streetscape. 22-969(b) 23 . The provisions for temporary PWSFs have been expanded to allow all providers to locate a COW on a previously permitted site in the event of an emergency. This is consistent with the policy to encourage co-location ofPWSFs. City of Federal Way Planning Commission Report PWSF FWCC Text Amcndment August II, 1999 Page 14 E. COMPLIANCE WITH FEDERAL WAY CITY CODE (FWCC), SECTION 22-523 FWCC Section 22-523 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed PWSF zoning text amendment with the criteria provided by FWCC Section 22-523. The city may amend the text of Chapter 22 - Zoning only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed Zoning Code text amendments regarding Personal wireless services facilities are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG2 DevelQP an efficient and timely development review process based on a public/private partnership. LUP4 Maximize efficiency of the development review process. LUP6 CondUcct regular reviews of development regulations to determine how to improve upon the development review process. PUG 2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG 4 Ensure that development regulations are consistent with public service obligations imposed upon private utilities by Federal and State Law. PUP 3 The C¡ty should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. . PUP 4 The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount of right-ol-way disruption. PUP 17 The City should require that site-specific utility facilities such as antennas and sub-stations are reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. PUP 19 The City should modify the zoning regulations to address the siting, screening, and design standards for wireless/cellular facilities, sub- City of Federal Way Planning Com!1i}ission Report PWSF FWCC Text Amendment EXH~~.ri~~, F"" Augtst II, 1999 ~Cl, ""..., '-""- Page 15 PAGE~()F~ (2) (3) stations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and vi$ual impacts on adjacent properties. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed Zoning Code text amendments will result in improved environmental $1d land use review processes, siting prioritization, and development standards for Personal wireless services facilities, which have a direct relationship to the public health, safety and welfare. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve the compatibility of PWSFs with surroundiqg land uses and to minimize land use conflicts between PWSFs and suIToundinQ land uses through appropriate environmental and land use review processes, siting prioritization, and development standards. F. STAFF RECOMMENDATION Staff has prepared the proposed Zoning Code text amendments to improve the applicable review processes, siting criteria, and development standards for Personal wireless services facilities. Therefore, Staff supports a Planning Commission recommendation to City Council for adoption of the proposed Zoning Code text amendments. G. PLANNING COMMISSION ACTION ALTERNATIVES Consistent with the provisions of FWCC Section 22-535, the Planning Commission may take the following actions regarding the proposed Zoning Code text amendments: 2. 3. 4. H. 1. Recommend to City Council for adoption of the Zoning Code text amendments as proposed; Modify the proposed Zoning Code text amendments and recomm"end to City Council for adoption of the Zoning Code text amendments as modified; Recommend to City Council that the proposed Zoning Code text amendments not be adopted; or, Forward the proposed Zoning Code text amendments to City Council without a recommendation. RECOMMENDED MOTION El,( ~\~ [L, f P AGE -"-- ¡u ï ..IUt- The following motion is suggested: City of Federal Way Planning Commission Report PWSF FWCC Text Amendment August II, 1999 Page 16 Move to recommend tQ City Council for adoption of the proposed Zoning Code text amendments regarding. Personal Wireless Facilities (if changes occur as a result of Planning Commission deliberations add "as amended by the Planning Commission"). EXHIBiT -L- PAGE-Ï1°F J.lL City of Federal Way Planning Commission Report PWSF FWCC Text Amendment August II, 1999 Page 17 --- ---_..--~ -----~..... DRAFT CITY OF FEDERAL WAY ORDINANCE NO. 99 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTQN, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND DEVELOPMENT SrI' ANDARDS AND REVIEW PROCESSES FOR PERSONAL WIRELESS COMMUNICATION FACILITIES WHEREAS, Section 7P4 of the Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, provided that regulation not discriminate among providers of functionally equivalent servictj!s nor prohibit, or have the effect of prohibiting, the provision of personal wireless services; anq, WHEREAS, the Federal Telecommunications Act of 1996 and RCW 80.36.375 restricts and partially preempts a city's authority to regulate personal wireless service facilities; and, WHEREAS, personal wireless services facilities comprise a rapidly growing segment of the utilities and communications sector and have merit and value for the community and region as a whole; and, WHEREAS, personal wireless services facilities are supportive of the public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business, and emergency purposes; and, WHEREAS, the City otfFederal Way is concerned that future decisions regulating the siting and development of personal wireless services facilities, without appropriåte standards and review processes, may adversely effect the public health, safety, and welfare of residents of the City of Federal Way; and, WHEREAS, the City o¡[Federal Way reviewed potential impacts from the Personal Wireless Services Facilities Code Amendment Ordinance in compliance with the State Environmental Policy Act; and, WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will implement and is consistent with the Federal Way Comprehensive Plan; and, DRAFT ORDINANCE NO. 99- WHEREAS, the Planning Commission conducted a duly noticed public hearing on the draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a recommendation of approval tø the City Council; and, E1(7~n~r e.. ..d~.!',;'_,' -. .r-Au¡;tt3tll,1999 PAGE~OF:4tI- ,PAGE I DRAFT I WHEREAS, the City ~. ouncil finds that the Personal Wireless Services Facilities Code Amendment Ordinance is con. istent with the intent and purpose of the Federal Telecommunications Act of 1 96 and RCW 80.36.375. NOW, THEREFORE, , ¡ THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IN REGULAR SESSION, DOES! HEREBY ORDAIN AS FOLLOWS: Section 1. The purpos, of this Ordinance is to amend the Federal Way City Code to satisfy the following basic ne~s: I , ¡ To provide appropriate standards and review processes for decisions regulating the siting and dfvelopment of personal wireless services facilities; and, A. To be consiste~t with and implement the Federal Communications Act of 1996 and RCW 80.3~.375. I Section 2. Section 22-~ of the Federal Way City Code is hereby amended to incorporate the following definitions in al~habetical order: I ¡ Abandoned personal wireless service facilitv shall mean a PWSF that meets the following: B. (1) I , I Operation has ioluntarilv ceased for a period of 60 or more consecutive days; or, I ¡ The effective r~diated power of an antenna has been reduced by 75 percent for a period of 60 or ~ore consecutive days; or, I I The antenna h been relocated at a oint less than 80 ercent of the hei ht of the su ort structu e. or (2) ¡ The number of' ransmissions from an antenna has been reduced b 75 ercent for a eriod of 60 r more consecutive da s. Cell-on-Wheels (C-O-f) shall mean a mobile temporary personal wireless service facilitv. ! I Temporary Personal 'fireless Service Facilitv slli!lJ mean a personal wireless service facilit which is to be laced i use for a limited eriod of time is not de 10 ed in a ermanent manner and does not have a rmanent foundation. DRAFT ORDINANCE NO. 99- PAGE 2 EXH!BrV F m ---- PAGE ,. c",'- ,'1... ....L:I- ~ ~Il, 1999 ;g~ (j)z m;;: ~ I'd ~J : :. '. .. ". ... =':-:J ~-.Jl ~-'J ¡ O~ T ... Fi Section 3. DRAFT Section 22-614 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-614. Personal wireless service facility. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility (PWSF) See note,} 4 for allowed types of PWSFs R E G U L A T I 0 s ~ Process See note 2 MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note I See note I See note I DRAFT ORDINANCE NO, 99- DIRECTIONS: FIRST, read down to find use, USE ZONE CHART THEN, across for REGULATIONS ~A yu..,..o ~= REAR ~ I MAXIMUM C9"J;;R'CE ~ --+-~ SIGNS LANDSCAPE See note I s--..+ Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs, Not allowed on a PWSF See note 41 See II6IH See note 2 , PAGE 3 PARKING ,I ZONE SE I SPECIAL REGULA nONS AND NOTES N/A I. lIioi...." a.~' a!li. ., . furthe.. it... ill he in ..ee' ~" ee te !he ..de"> i,! ...i_! fer neh .fth. liol.~ ~. Not .pplìcable. PWSFs .lIowed on existin~ structures only. 2. The review process used will be as follows: . Proe... III if the p"'gr, ee.. the..~.rl)i.! lei!htli. it h. Pr.e... III iflhe p"'gr i. e.lI.e.ted .. a' ...i.till! p"'gr .r p.hliel, .'oJ "..elc,e .. d i. I... th.. I §' ahe e ,he e"i.,:_! r..ilit, er .truet.,.. a. Subject to meetin~ all applicable development standards, Process III for the followin~ proposals: i. The PWSF is collocated on an existin~ PWSF and is less than 15' above the existin~ facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is less than 15' above the structure; or, iii. The PWSF is located on an existin~ structure in the BPA trail and is less than 15' above the existin~ structure; or, iv. The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is less than 15' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b). b. Variance process punuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals: i. The PWSF is collocated on an existin~ PWSF and is more than 15' above the existin~ facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is more than 15' above the structure; or, iii. ThePWSF is located on anexistin~structure in theBPA trail and is more than 15' above theexistin~ structure; or, iv. The PWSF i. located on an existin~ structure in an appropriate public right",f-way and is more than 15' above the existin~ structure. plus any hei~ht ~ranted under Chapter 22-967(b ). c. All other types and locations of PWSFs are not allowed. J. 6i8' . are n.t all, - d.. . P'l.'IT. 41. All PWSFs shall be land.caped and screened in accordance with Article XVII and the provisions of the PWSF development regulations. At a minimum,~a five (5) foot Type III landscaping~shall be required~ facility. unless the r.ommunity development services director detennines that the facility is adequately screened. ~. gee geeti.. JJ 9(((.), tie... New free-standin~ PWSFs are not allowed. PWSFs shall be ""'" allowed 2!ili: on existing towen, ..,.¡ on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public riRhts-of-way. Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs. August 11, 1999 ~m (j)~ m=- ~~ 9 Om' -;r;;: ,1 Section 4. DRAFT Section 22-649 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-649. Personal wireless service facility. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs USE u R E G U L A T I 0 N S Process USE ZONE CHART MINIMDMs REQUIRED YARDS ~~~ DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS LOT SIZE ,G:: I MAXIMUM CO' q;;~ . CE --¡mc¡j'jf SIGNS See note 2 LANDSCAPE FRONT SIDE REAR See note I See-IteIH Refer to S~2- 967 for maximum heiAhts for allowed types of ~ Nol allowed on a PWSF See note 42 See -.,..; See note 1 See note I See note I See note 2 , PAGE 4 DRAFT ORDINANCE NO, 99- I ZONE I PARKING I RS SPECIAL REGULA nONS AND NOTES N/A 1. 11i.im,..saadll8!li." .F~rlhe..ile'" illhei...e"da"e Ie l,e,.der1jia!..aia!F.. eaeheflheli.led ~ Not applicable. PWSFs allowed on existin~ structures only 2. The review process used will be as follows: a. P..e...!11 ¡Flhe p"'gr ..ee.. I,e 'I derl;i.! ,ei!hl lia.il. h. Pree... !II ift,e p"'gr i. ..lIee.led a. an e"iOlin! p"'Er e ~uhliel; ,.ad stmetH,a "d i. I... tha, I!' a.. a lie e"istil g fuilil, ar .I...etore ~ applicable development standards, Process III for the followin~ proposals: -, - ."ed on an existin~ PWSF and is less than 15' above the exist¡n~ facility; or, -' - ed on a publicly used structure not located in a public ri~ht-<>f-way and is less than IS' -- ted on an existing structure in the BPA trail and is less than IS' above the exist¡n~ -" oed on an existin~ structure in an appropriate public ri~ht-<>f-way and is less than IS' " plus any hei~ht ~ranted under Chapter 22-967(b ). ¡uant to FWCC Chapter 22, Anicle II, Division 8 for the followin~ proposals: :"ed on an existin~ PWSF and is more than IS' above the ex¡stin~ facility; or, ed on a publicly used structure not located in a public ri~ht-<>f-way and ¡. more than 15' '. -, - ~- -, led on an existing structure in IheBPA t'llil and is more than 15' above theexistin~ -, - led on an existin~ structure in an appropriate public ri~ht-<>f-way and is more than 15' ~ " plus any hei~ht ~ranted under Chapter 22-967(b ). - - cations of PWSFs are not allowed. . .-. . -,,'. .._...~ 4J. All pw,"s snail De landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, §'-ef a five (5) foot Type III landscaping ~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened. ~. E.. Eeelie. JJ 9H(e). ~¡ete. New free-slandin~ PWSFs are not allowed. PWSFs shall be ""'" allowed 2!!!x on existing towers, """ on publicly used structures not located in public ri~hts-<>f-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public ri~hts-<>f-way. Refer to Section 22-966(d) for development standards applicable 10 allowed types of PWSFs. August 11, 1999 ~~ G):.t mæ ~= ...~-J 'I I 0,\ T,m Fi Section 5. DRAFT Section 22-681 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-681. Personal wireless service facility. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs R E G U L A T I 0 N S ---0, ~ Process See note 2 MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ...v,~ ~~ REAR ~ I MAXIMUM Cg"E~ \C£ HEIGHT I ZONE I PARKING I RM LANDSCAPE SIGNS SPECIAL REGULATIONS AND NOTES See note I ~ Refer to Section 22- 967 for maximum hei~hlS for allowed types of ~ t. Iti, i, "m .n~ ,~."i","",s forll .., i'e, , ill~, i, ..'er~.nee Ie I~e 'II~"I) i, ~ .e, i,~ fer '.e~ Bflhe Ii",~ ~ Not applicable. PWSFs allowed on existin~ structures only. 2. The review process used will be as follows: a. Pre,... III if the p',','gr , ee'" ~ e ., ~erl) i, ~ h ei~hlli, it. ~. Pre,.., III ift~, p":gp i. eBlle'&le~ e' e, ."i.li,! p"'gr er~"~li.l) u..~ 51' " re al ~ i.I",lha, I!' .~e e II , e"ioti,! faeili') er .1""I"re. a. Subject to meetin~ all applicable development standards, Process III for the followin~ proposals: i. The PWSF is collocated on an existin~ PWSF and is less than 15' above the existin~ facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-<>f-way and is less than 15' above the structure; or, iii. The PWSF is located on an existin~ structure in the BPA trail and is less than 15' above the existin~ structure; or, iv. The PWSF is located on an existin~ structure in an appropriate public ri~ht-<>f-way and is less than 15' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b). b. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals: i. The PWSF is collocated on an existin~ PWSF and is more than 15' above the existin~ facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-<>f-way and is more than 15' above the structure; 2!. iii. The PWSF is located on an existin~ structure in the BP A trail and is more than 15' above the existin~ structure; or, iv. The PWSF is located on an existin~ structure in an appropriate public ri~ht-<>f-way and is more than 15' above the existin~ "ructure, plus any hei~ht ~ranted under Chapter 22-967(b). c. All other types and locations of PWSFs are not allowed. J. gi!n, are ,e' all. .~ a, ,p"'gr. 43. All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ~a five (5) foot Type III landscaping!!!! shall be required ~ facility, unless the community development selVices director determines that the facility is adequately screened. ~. g" geetie, 22 ~¡£(,). tle.e. New free-standin~ PWSFs are not allowed. PWSFs shall be ""'" allowed 2!!h: on existing towers. eM on publicly used structures not located in public ri~hlS-<>f-way, on existin~ structures located in the BPA trail, and on existio~ structures in appropriate public ri~hlS-<>f-way. Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs. See note 43 See fteIH N/A Not allowed on a PWSF See note 2 , PAGE 5 August 11,1999 ;g~ G>J: m- ~2:! ~roJ -nm f Section 6. DRAFT Section 22- 700 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-700. Personal wireless service facility. The following uses shall be permitted in the professional office (PO) zone subject to the regulations and notes set forth in this section: Personal wireless service facility (PWSF) USE u See note ~ 4 for allowed types of PWSFs R E G V L A T I 0 ~ I =1 Process See note 2 MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 1 See note 1 See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULA nONS HAV'HU"" REAR bG+ I ZONE I PARKING I PO -- - MAXIMUM HËiGifr SIGNS LANDSCAPE Nuœn.~" SPECIAL REGULA nONS AND NOTES See note I ~ Refer to Section 22- 967 for maximum hei~hls for allowed types of PWSFs. I. 11iAi..o, . a."] ..,im....f.rt~e"il' . ill~ein.ee8f"a.eel'I~'o."I.";i'g..,i'gfor...~.flll.li'I'" ~ Not applicabl.. PWSFs allowed on existin~ structures only. 2. The review process used will be as follows. a. Pre.... III iflb! r"'Er, ,.e.. I~e "."erl} ing I eig~1 Ii, ¡it. h. Pr..... III ime p"'~r i. e.II..a,,"" 81 ."i'li'g r"'EF or pdhlit.l, u"," "","ore an" i. Ie.. 1~8I I~' ahe , 11,. ..ti'ling fa.ilil, at .Iru.lo... a. Subject to m.etin~ all applicable development standards, Process III for the followin~ proposals: i. The PWSF is collocated on an existin~ PWSF and is less than 15' above the existin~ facililY; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is less than 15' above the structure; or, iii. The PWSF is located on an existin~ structure in the BPA trail and is less than 15' above the existin~ structure; or, iv. The PWSF is located on an existin/; structure in an appropriate public ri/;ht-of-way and is less than IS' above the existin/; structure, plus any hei/;ht /;ranted under Chapter 22-967(b). b. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the followin/; proposals: i. The PWSF is collocated on an existin/; PWSF and is more than 15' above the existin/; facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri/;ht-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existin/; structure in the BPA trail and is more than 15' above the existin/; structure; or, iv. The PWSF is located on an existin/; structure in an appropriate public ri/;ht-of-way and is more than 15' above the existin/; structure, plus any hei/;ht /;ranted under Chapter 22-967(b) c. All other types and locations ofPWSFs are not allowed. J. ~ig" are '01 alia ali at . p"'gr. 43. All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ~ a five (5) foot Type III landscaping ~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened. ~. g.e ~.etiat JJ 9H(e). lIole. New free-standin/; PWSFs are not allowed. PWSFs shall be...... allowed 2!!!r on existing towers, """ on publicly used structures nollocated in public ri/;hls-of-way, on existin/; structures located in the BPA trail, and on existin/; structures in appropriate public ri/;hls-of-way. Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs. See note 41 8ee ...,....; N/A Not allowed on a PWSF See note 2 , PAGE 6 August 1 I, 1999 ;g~ G>:t m t!,¡ ~i ¡ , DRAFT Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-730. Personal wireless service facility. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs = ¡g~ ::-.:::::1 -=-,,~ R E G U L A T I 0 N S ::::> Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART ...v.,"'..o DIRECTIONS: FIRST, read down to find use, , , THEN, across for REGULA nONS REAR bG'I' MAXIMUM HEIGHT SIGNS LANDSCAPE rnHOD .,..~ See note I ~ Refer to S~2- 967 for maximum hei~hts for allowed types of PWSh Not allowed on a PWSF See note 42 See -.4 See note 2 , PAGE 7 I ZONE I ~~I ~ SPECIAL REGULA nONS AND NOTES N/A L 11i,i" 0' ,aid, a"i.~."fðrlh.'eile" illhei.aee.,da.eelelhe~.defl)i'lI.e"i.llfðr.aeI .flheli5led ~ Not applicable, PWSFs allowed on existin~ structures only, 2, The review process u,ed will be as follows: , aP,.ee..lIliftl.P"'Ef,..eel!llhe..d'fl)i"gl.illhlli, it h, Preee.. III iflI. P"'~f i, ,ell.,oted e. aM ."ioti, g pm~r ..p.hlieI) .,ed 5INelure a, d i, le"lho. Ii' ahe , th, ",i5li, II fa,ilil) er .INet..e, a, Subject to meetin~ oil opplicable development standards, Process III for the followin~ proposals: ;, The PWSF is collocated on an existin~ PWSF and is less than 15' above the existin~ facility; or, ii, The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is less than IS' above the structure; or, ii;, The PWSF is located on an existin~ structure in the BP A trail and is less than IS' above the existin~ structure; or, iv, The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is less than 15' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b ), b, Variance process pursuant to FWCC Chapter 22, Article II. Division 8 for the following proposals: ;, The PWSF is collocated on an existin~ PWSF and is more than 15' above Ihe existin~ facility; or, i;, The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is more than IS' above the structure; or, ii;, The PWSF is located on an existin~ structure in the BP A trail and is more than 15' above the existing structure; or iv, The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is more than 15' above the existin~ structure, plus any hei~ht ~ranted under Chapter 22-967(b) c, All other types and locations of PWSFs are not allowed ), ~ig.' afe ROI all. ed"" a P"'£F, 4), All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations, At a minimum, ó'-efa five (5) foot Type III landscaping ~ shall be required ~ facility, unless the community development services director determines that the facility is adequately screened '1, ~ee £.etie. 22 "H(e), 11,1., New free-standin~ PWSFs are not allowed, PWSFs shall be eftIr allowed 2!!!.1: on existing towers....d on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and "n exislin~ structures in appropriate public ri~hts-of-way, Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs, August 11, 1999 m >< :1: ~ ro = q ~-!J ! ! ~ G> m ~ 0 -r1n r DRAFT Section 8. Section 22-762 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-762. Personal wireless service facility. The following uses shall be permitted in the community business (Be) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 ¡:;;;:-- ;;¡jawed types of PWSFs USE D R E G V L A T I 0 N S ~ Process See nole 2 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. " THEN. across for REGULA nONS MINIMUMS REQUIRED YARDS UAV'wa,c . ..... . .-. ~ LOT SIZE I ~ I ¡,g:¡: - - - MAXIMUM HEIGHT LANDSCAPE SIGNS PARKING FRONT SIDE REAR cro.=n A~~ SPECIAL REGULATIONS AND NOTES See ....... + 1.lfi.i, .",a.ima"i,., ,ferll.,,;I,., ¡IIh,i"aeeerianeelall,...,rlji.!,e.i.!fer,aal.fll,li",. - For developed ,ite,. the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new free-standin~ PWSFs shall be 20' for front, side, and rear yards. 2. Subject to meetin~ all applicable development standards, ~!he review process used ill h,.. f,lla ,shall be Process I, except for the followin~ proposals: a. Praa..s 1 iflka Vm£[ i, a.II.a.,.. e. . ",i"i.! VmSI'. h. Pr..", III far all.e free 'Ia..i.! pn(£f" ti"_~I'" ..¡fi,. i, ".." hel. - -: ,posals: -' 00 feet of a residential wne; provided the PWSF is les, than 15' above the . ~ranted under Chapter 22-967(b)' or, ucture that is a residence or ,chool or contains a residence or school; provided structure; or, ,ding PWSFs; except as....,.¡;¡;"e provided in "c." below. ice tower accommodatin~ four or more providers. NCC Chapter 22, Article II, Division 8 for the followin. proposals: n existin~ PWSF and is more than 15' above the existin. facility; or, Iblicly used structure not located in a_p~liliç~-of-way and is more than 15' See nole I See note t See note I -- Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs. See note i ~ See ft64H NIA Nol allowed on a PWSF None See note 3 ~ ili > : .- -, - . -, - - ~ ~- ~ existin~ structure in the BP A trail and is more than 15' above the existing -- - ~ existin. structure in an appropriate public ri~ht-of-way and i, more than 15' . : hei~ht ~ranted under Chapter 22.967(b); or, -'> Iildin~ or structure that is not a residence or school and does not contain a !:!: -"SF is more than 15' above the buildin~ or structure. 3. -. ~ 0_0 - - 0 -ð _ow free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers. 1. gig" are 1,81 all. e. e. a VmsI'. M. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations. At a minimum, ~a five (5) foot Type 111landscaping!!:!:! shall be required!!2!!!!!! the facility, unless the community development services director determines that the facility is adequately screened. 5. New free-standin~ PWSFs are allowed subject to hei~ht limits and collocation provi,ion,. PWSFs are allowed on existin~ towers. on private buildin!S and structures. on publicly used structures not located in public ri~hts-of- way. on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public ri~hts-of.way. Refer to Section 22-967 for development standards app~able to allowed types ofPWSFs ~ ~ DRAFT ORDINANCE NO, 99- , PAGE 8 August 11, 1999 -0 Þ G) m ~ F m X ;]: - m :~':= ,~ I" DRAFT Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-802. Personal wireless service facility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 ¡:;;;:-- allowed types of PWSFs USE u R E G U L A T I 0 ~: S ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 Me ""'" + See note I See note I None DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use , ~ , THEN, across for REGULA nONS "AV"""'O ~ " REAR ¡,Q:¡: PARKING ,I ~~~~ I ~~ ~- MAXIMUM HEIGHT SIGNS LANDSCAPE rnH~n .r~ SPECIAL REGULA nONS AND NOTES See note 1 Lllilil .""~n",i.,.",fen¡'a'eila",' illeei, 'eear~'naelet"...~erl)i,'!M i oMre.."afthel¡...~ ~ For developed sites, the setback requirements shall be those of the principal use of the subject property, For undeveloped sites, Ihe setback requirements for new free-standin~ PWSFs shall be 20' for fron~ side, and rear ~ 2, Subject to meetin~ all applicable development standards, +!he review process used ill ea .. Mila, , shall be Process I, except for the followin~ proposals, a P ..." I ifl~' p"'gr i. .a/l.aala~ a" a alli..¡n. P"'H, e, r....., III ra, all "a &e. ,.."~i"! p"'gr" "et~I" n .~i¡:¡e~ in "a," Bela win~ proposals: within 300 feet of a residential zone; provided the PWSF is less than 15' above the 'Y hei~ht ~ranted under Chapter 22-967(b); or, I on a structure that is a residence or school or contains a residence or school; provided >ove the structure; or, -- free-standing PWSFs; except as M8<Iifleè provided in "C," below, ~ 'is a lattice tower accommodatin~ four or more providers ant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals, ded on an existin~ PWSF and is more than 15' above the existin~ facility; or, d on a publicly used structure not located_in aJ1ll!>!i"-right-of-way and is more than 15' ~ Refer to Section 22~ 967 for maximum hei~hts for a/lowed types of ~ See note ~ ~ Me .......... N/A Not allowed on a PWSF - -0 See note 3 ~ . ~ ~ !E ~- ~ - - - . ~- ~ ,d on an existinJLS!l:l!c!Ure in the BP A trail and is more than JLal>9",e the existing -- - ~ ~ ,d on an existin~ structure in an appropriate public riRht-of-way and is more than 15' .. plus any hei~ht ~ranted under Chapter 22-967(b); or, - :J on a buildjn~ or structure that is not a residence or school and does not contain a ~ d the PWSF is more than 15' above the buildinR or structure, 3, - - ~ - for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047, A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers, t gig" ale I .. ,II, e~ a" a p"'gr 04, All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the pwsr dëvelopment regulations, At a minimum, ~a five (5) foot Type III landscaping!!!:! shall be required around the facility, unless the community development services director deteonines that the facility i, adequately screened, 5, New free-standinR pwsrs are allowed subject to hei~ht limits and collocation provisions, PWSFs are allowed on existin~ towers, on private buildin~s and structures, on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public ri~hts-of-"",y, Refer to Section 22-967 for development standards applicable to allowed types ofPWSFs, ~. , PAGE 9 August 11, 1999 ~ G) m !: C j ~ rI1 DRAFT Section 10. Section 22-817 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-817. Personal wireless service facility. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: Personal wireless service facility m X c:')p c\:, ".= See note 5 ¡;;r- allowed types of PWSFs (;J .--"c.:::J cl USE 1) R E G U L A T I 0 .~ Process USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS MINIMUMS REQUIRED YARDS oHyn.. CHO See note 2 LOT SIZE I ZONE I PARKING I CC-F bG'f -~ ,-, ~- MAXIMUM HEIGHT LANDSCAPE SIGNS FRONT SIDE REAR ~^"cn .~C SPECIAL REGULATIONS AND NOTES ¡;.,., -.. + See note I I.lIi,i,., ..,..'",,:,., '¡orth...:w, ill~.i, ...u.a.oot.tI,..."..I)il!.o,i,~",r.a!l .ftl-.li,t.. ~ 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 free"standin~ PWSFs shall be 20' for front, side, and rear ~ 2. Subject to meetin~ all applicable development standards, +!he review process used ill~. os ",II., , ~ Process I, except for the followin~ proposals: a. p,..... [ ifth. r"'gr i, ,,1I..at.. ., a ."i!li.8 p"'gr. ~.n "" 1I............c...'u...".--n"'oc,,_u_'"---~""'-~'-"-"~-'_u. See note I See note I -.. Refer to Section 22- 967 for maximum hei~hts for allowed types of ~ See note ~ 1. See ........,. N/A None Not allowed on a PWSF ~Hf~; the fOllowi~;;r;po:als -, 0 0' '..0. - .-' F is located within 300 feet ofa residential zone; provided the PWSF is less than IS' above the ture, plus any hei~ht ¡¡ranted under Chapter 22-967(b)' or, . -;F is located on a structure that is a residence or school or contains a residence or school; provided ; than IS' above the structure; or, .- ~new free-standing PWSFs: except as...,.¡¡¡:¡.e provided in "c." below. - if the PWSF is a lattice tower accommodatin~ four or more providers oce.. pursuant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals . -;F is collocated on an existin~ PWSF and is more than IS' above the existin¡¡ facility; or, .- SF is located on a publicly used structure not located in a public ri~ht-of-way and is more than IS' tre; or, .SF is located on an existing stru-,tufe in the BPAJraj!and is more!l1a.l' IS' above the existing See note 3 .. - -JSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is more than IS' . - Ig structure, plus any height granted under Chapter 22-967(b); or, -- SF is located on a buildin~ or structure that is not a residence or school and does not contain a )01, provided the PWSF is more than IS' above the buildin~ orstructure. )wed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; exc.ept that a lattice tower of between 120' to I SO' will be allowed under a combined application of four or more providers. 1. gig., are "ot all. ..." a p'ygr. ~. All PWSF shall be landscaped and screened in accordance with Anicle XVII and the provisions of the PWSF dõvelopment regulations. At a minimum, ~ a five (5) foot Type 111 landscaping!œ! ,hall be required ~ facility, unless the community development services director determines that the facility is adequately screened. S. New free-standin~ PWSFs are allowed subject to hei~ht limits and collocation provisions. PWSFs are allowed on existin~ towers, on private buildin~s and structures, on publicly used structures not located in public ri~hls-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate publi!:.rigltts-of:""'Y, Refer to Section 22-967 for develoJ1lll.ent stan~ards applicable to allowed types of PWSFs. , PAGE 10 August 11, 1999 DRAFT ORDINANCE NO. 99- :-em ~ ~. ...ø ;'~ ø:t m ,...-....- . -_.J ~" -r1~ FI DRAFT Section 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-835. Personal wireless service facility. The following uses shall be permitted in the office park (OP, OPI--4) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility See note 5 for allowed types of PWSFs R E G (J L A T I 0 N S - ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 f &ee ...... + See note I See note I None DRAFT ORDINANCE NO. 99- REAR ~ CG""~"C" See note I ~ , PAGE 11 ,.. V...n_ll.L" DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS USE ZONE CHART =..~...v MAXIMUM HEIGHT Refer to Se;;¡¡;;;;z2- 967 for maximum hei~hts for allowed types of ~ See note 3 LANDSCAPE I ZONE I PARKING I OP, OPl--4 SIGNS SPECIAL REGULA nONS AND NOTES See note ~ ~ I.Pli"im., '.I~",.lIi".""f..rtl",il'I~S ill"i".""~.."tethe."~erl)i"ge'lil..f,,...h.ft",lio"d ~ 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 free-standin~ PWSFs shall be 20' for front, side, and rear ~ 2. Subject to meetin~ all applicable development standards, :¡:!he review process used ill ~e.. felle . shall be Process I, except for the foliowinR proposals: a. Prea", I ifth, pulEr i, 'ellee"'~ 01 a ,"i.ting pulEr. ,. P,o.", III fer all J' free 9Ia.di.~ P'V£F" "'ee~I.." .di¡:¡,d in "e." "Ie a. Process III for the foliowinR proposals: i. The PWSF is located within 300 feet ofa residential zone: provided the PWSF is less than IS' above the buildinR or structure, plus any heiRht Rranted under Chapter 22-967(b); or, ii. The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is less than IS' above the structure; or, iii. The PWSF is a new free-standing PWSFs; except as....,.¡;;eè provided in "c." below. b. Process IV if the PWSF is a lattice tower accommodatinR four or more providers c. Variance proc'ss pursuant to FWCC Chapter 22, Article II. Division 8 for the foliowinR proposals: i. The PWSF is collocated on an existin~ PWSF and is more than 15' above the existinR facility; or, ii. The PWSF is located on a publicly used structure not located in a public riRht-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existin~ structure in the BP A trail and is more than IS' above the existinR structure; or, iv. The PWSF is located on an existinR structure in an appropriate public riRht-of-way and is more than 15' above the existin~ structure, plus any heiRht Rranted under Chapter 22-967(b); or, v. The PWSF is located on a buildinR or structure that is not a residence or school and does not contain a residence or school; provided the PWSF is more than IS' above the buildinR or structure. 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers 1. gigl"'" 1 01.11. ,d 0. a p"'gr. ~. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations. At a minimum, ~a five (5) foot Type llliandscaping!œ! shall be required ~ facility, unless the community development services director determines that the facility is adequately screened. 5. New free-standinR PWSFs are allowed subject to heiRht limits and collocation provisions. PWSFs are allowed on existinR towers, on private buildin~s and structures, on publicly used structures not located in public riRhts-of-way, on existinR structures located in the BPA trail, and on existin~ structures in appropriate public ri~hts-of-way. Refer to Section 22-967 for development standards applicable to allowed types ofPWSFs. &ee ft6IH N/A Not allowed on a PWSF August II, 1999 "m »)( G)¿ ~~ ¥'~~ FI DRAFT Section 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-871. Personal wireless service facility. The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 f2! allowed types of PWSFs USE D R E G U L A T I 0 -N S => Process LOT SIZE FRONT USE ZONE CHART H~U"~A~ DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS MINIMUMS REQUIRED YARDS See note 2 f See ...... + See note I SIDE bQ+ SIGNS None -- - - MAXIMUM HEIGHT LANDSCAPE REAR ,..~"rn ^,..~ f See note I Refer to Section 22- 967 for maximum heights for allowed types of ~ See note I ~ See note ~ ~ See -....; Not allowed on a PWSF See note 3 DRAFTORDlNANCE NO. 99- --' PAGE 12 PARKING II Zg;E I SPECIAL REGULATIONS AND NOTES NiA 1. ! f I illU! '0' ~ .,alli. "AI' f.rth", i"., ill ~, i. .."r~a." " Ih, ., tI,rl; i.! ...in! for ,..h ,f Ih, li",tI - 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 free-standing PWSFs shall be 20' for fron~ side, and rear ~ 2. Subject 10 meeting all applicable development standards. :¡:y.e review process used ill~, as f.lI. , shall be Process I, except for the following proposals: a Pr...., I ifth, P"'SF i, ..II.,al,tI.. a ,"i"i, ~ P"'SF. L n____- '" 0_- _n --.. 0_- _._-~,-- nnoo~_. _u_-. -- --~,r._~ '-"-" L-O_u. V.'VVW_""-"""-"- 0 -,--, - - - .i of a residential zone; provided the PWSF is less than 15' above the ed under Chapter 22-967(b); or. that is a residence or school or contains a residence or school; provided ~ . PWSFs; except as....,.¡j;eè provided in "c." below. ver accommodating four or more providers. ;hapter 22, Article II. Division 8 for the following proposals: :ing PWSF and is more than 15' above the existing facility; or, - used structure not located in a public right-of-way and is more than 15' , ~ .- - - - . .. -- -- .- Ig structure in theBPA trail and is more than 15'.bo~~e~isting Ig structure in an appropriate public right-of.way and is more than 15' :.'t granted under Chapter 22-967(b); or, . or structure that is not a residence or school and does not contain a . - -. . _M - - more than 15' above the building or structure. '- ~ -standing PWSF shall be the minimum necessary 10 provide the service up to 100'. plus any height granted under Chapter 22.1047. A PWSF sh.1I be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120'to 150' will be allowed under a combined applic.tion of four or more providers. 1. gi~", at. .e' aile etle. a P":EF. M. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations. At a minimum, _a five (5) foot Type III landscaping!œ! shall be required around the facility, unless the community development services director detenoines that the facility is adequately screened. 5. New free-standing PWSF, are allowed subiect 10 height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public ri!!hts-of-way. on existing structures located in the BPA trail. and on existing structures in appropriate public rights-of-way. Refer to Section 22-967 for development standards applicable to allowed types ofPWSF,. -- : .- August 11, 1999 ~ G) m ~ -n """,C' ~: ,- ! DRAFT Section 13. Section 22-906 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-906. Personal wireless service facility. The following uses shall be permitted in the corporate park (CP-l) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 ¡:;;;:-- ;;¡jawed types of PWSFs m ~ [:-::'-::1 USE D R E G U L A T I 0 N S -0, --- Process USE ZONE CHART HAV""'HO DIRECTIONS: FIRST, read down to find use. ., THEN, across for REGULATIONS MINIMUMS REQUIRED YARDS See note 2 LOT SIZE bG'I' -- -- MAXIMUM HEIGHT LANDSCAPE SIGNS FRONT SIDE REAR "'^H~n ."'~ f ~ &ee ""'" + See note I See note I See note I -..+ Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs. See note ~ ~ &ee -...;¡ Not allowed on a PWSF None See note 3 DRAFT ORDINANCE NO. 99- , PAGE 13 I ZONE I PARKING I CP-l SP EClALREGULATIONS ANI) NO 1'ES N/A I. /li, i.,". , .,,~ mil;".' ,fu tI,e.e ileA' ill ~e iA ...er~'II" .. the ".~erl; iA8 eelli, ! fer eae¡ ef II e Ii"e~ ~ For developed sites, the setback requirements shall be those of the principal use of the subiect property For undeveloped sites, the setback requirements for new free-standin~ PWSFs shall be 20' for fron~ side, and rear ~ 2. Subject to meetin~ all applicable development standards, :¡:!he review process used ill ~ e as folie , ~ Process I, except for the followin~ proposals: a. p e.." I if the F'Vgr i, eall..ate~ e. a elli"iA8 p"'gr. . n_.. III f~..11 -- 'rea ".. ~;'! p"'gr9, ""e~t as. e~i¡¡e~ ill "e." ~e16 win~ proposals: -, - within 300 feet of a residential zone: provided the PWSF is less than 15' above the 'y hei~ht ~ranted under Chapter 22-967(b): or, ton a structure that is a residence or school or contains a residence or school; provided . .. love the structure: or, ~ - . - free-standing PWSFs: except as....,.¡ifteè provided in "c." below. -, - 'is a lattice tower accommodatin~ four or more providers. ant to FWCC Chapter 22, Article II, Division 8 for the followin~ proposals: ded on an existin~ PWSF and is more than IS' above the exi"in~ facility: or, d on a publicly used structure not located in a ]>ublicJight",f-,-way and is more than 15' ~ -- -- - -- -, - -- - . -- ,don anexistin~structure in theBPA trail and iLmor~an 15' above the existing ,d on an existin~ structure in an appropriate public ri~ht-<>f-way and is more than 15' plus any he;~ht ~ranted under Chapter 22-967(b): or, j on a buildin~ or structure that is not a residence or school and does not contain a d the PWSF is more than 15' above the buildin~ or structure. - - ~ for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers: except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers. 1. gig., are Aat alIa e~ e. a p"'gr. ~. All PWSF shall he landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ~ a five (5) foot Type 1II landscaping ~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened. 5. New free-standin~ PWSFs are allowed subject to hei~ht limits and collocation provisions PWSFs are allowed on existin~ towers, on private buildings and structures, on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existin~ structures in appropriate public rights-<>f-way. Refer to Section 22-967 for development standards applicable to allowed types ofPWSFs. ., -, August 11, 1999 DRAFT í Section 14. Section 22+966 of the Federal Way City Code is hereby amended to read as follows: i Sec. 22-966. Personal wirele,s service facilities (PWSF). (a) Purpose. This sectiþn addresses the issues oflocation and appearance associated with personal wireless service faciltties. It provides adequate siting opportunities through a wide range of locations and optionslwhich minimize safety hazards and visual impacts sometimes associated with wireless co~unications technology. The siting of facilities on existing buildings or structures, COllocttion of several providers' facilities on a single support structure, and visual mitigation measure are required, unless otherwise allowed by the city, to maintain neighborhood appearance and reduce visual clutter in the city. (b) Definitions. Any wþrds, terms or phrases U. sed in this section which are not otherwise defined shall have the meanin$s set forth in section 22-1 of this Code. ! 1 4 5 DRAFT ORDINANCE NO. 99- ,PAGE 14 EX~f!~~r¡C~ F PAGE~~, ~.'999 DRAFT fet@ Prioritized locat"ons. The following sites shall be the required order of locations for proposed PWSFs, includin antenna and equipment shelters, unless the city elects to modify the prioritization. In . proposing a PWSF in a particular location, the applicant shall anal ze the feasibilit of locat n the ro osed PWSF in each of the hi her riorit locations and document, to the city's satisfa tion, why a 10catieHing the PWSF in each higher priority location and/or zone is not being propo' ed. In order of preference, based on an assessment of feasibility the sites rioritized locations r PWSFs are as follows: (1) Structures local ed in the BPA trail: A PWSF may be located GQn any existing support structu currently located in the easement upon which are located U.S. Department of nergy/Bonneville Power Administration ("BP A") Power Lines re ardless of u derl in zonin . (2) i i Existing broad 'ast, relay and transmission towers: A PWSF may be located GQn any existing sit or tower where a legal wireless telecommunication facility is currently locat regardless of underlying zoning. If an existing site or tower is located within one mile radius of a ro osed PWSF location the a licant shall document wh ollocation on the existin site or tower is not bein ro osed re ardless of wether the existin site or tower is located within the' urisdiction of the city. I i Publicly-used s ructures: Ifthe city consents to such location, attached to a PWSF ma be located on existing public facilities within all zoning districts, such as water towers, u ility structures, fire stations, bridges, and other public buildings . "; provided the public facilities are not located within (3) (4) ublic ri hts-o wa . I i Avvrovriate Eb' siness, commercia( and city center zoned sites: Structures or . '. A PWSF ma be located n rivate buildin s or structures within a ro riate business commercial an cit center zonin districts. The preferred order of zoning districts for thi category of sites is as follows: I BP--Business prk CP-I--Corporar Park i OP through OPt4--0ffice Park I I ì ,PAGE 15 E){~-{¡r' F' PAGl-'2.vo ..&(1:",,999 DRAFT ORDINANCE NO. 99- DRAFT CC-C--City Cepter Core CC-F--City Cefiter Frame , BC--Community Business i (5) The preferred 1rder of functional street classifications for this categorv of sites is as follows: . Principal Arterjill I , Minor Arterial! Principal Coll~ If the PWSF is' the surroundin with the most' ~@ If the applican( demonstrates to the city's satisfaction that it is not technically possible to sit~ in a prioritized location, the city reserves the right to approve alternative site! locations if a denial would be in violation of the 1996 Telecommuniqations Act, as determined by the city. Sec. 22-967. Development S~andards I (d ) Development sttl1'l~. The following development standards shall be followed in the design, siting, and const~ction of a personal wireless service facility. E){&~u F ,PAGE 16PII\GE. S.:.;. :.. .. .Å'trgust II, 1999 t-\ .JUL U W =. I.&.J.L DRAFT ORDINANCE NO. 99- tB properties. DRAFT ~.ú!2 Building or str cture mounted PWSFs not in the right of way. PWSFs may be mounted on nonresidential ex'stin buildings and structures not located in a public right-of-way shall conform to the followin develo ment standards under the follo'.ving conditions: The PWSF shaJl consist only of the following types of facilities: The Pv(SF consists of a A microcell or a minor facility; or, (1) a. b, A PWSf that exceeds the minor facility thresholds for number of antenn~, dimensions, and/or area, but creates no more adverse impacts than a . inor facilit as determined b the director of communit develo ment services sub' ect to meetin all of the followin standards: 1. The facility shall not create substantially more adverse visual tmpact than a minor facility; and, I 11. The equipment cabinet for the PWSF shall be located underground. ~f underground placement is determined to be impracticable by the pi rector of community development services, the equipment pabinet for the PWSF shall be located within a completely rnclosed building on the site, or the equipment cabinet shall not ~xceed six feet in height and OCCUpy more than 48 square feet of poor area; and, . 111. he maximum size of the PWSF anels and number of antennas hall be determined b the director of communit develo ment ~ervices, based on the specific project location, surrounding ~nvironment, and potential visual impacts; and, IV, trhe PWSF shall comply with all other applicable standards of the fWCC. b-. ill The combined þntennas and supporting structure shall not may extend more than u to but not e ceed 15 feet above the existing or proposed roof or other structure re ar less of whether the existin structure is in conformance with the DRAFT ORDINANCE NO. 99- EXHUE; -. 1= ,PAGEI7pl^G ... ..;........'. . -Imgustll,1999 J-\ E..... :VI a' -'UL . ....--.....--.......A""."- DRAFT existin maxi um hei ht of the under! in zone as outlined in the Use Zone Charts Article XI District Re ulations. Antennas may be mounted to rooftop appurtenances rovided they do not extend beyond 15 feet above the roof proper. &. ill The antennas ajre mounted on the building or structure such that they are located and designed t~ minimize visual and aesthetic impacts to surrounding land uses and structures. d shall, to the greatest extent practical, blend into the existing environment suant to Section 967 d . Panel and parabolic antennas shall be completely scrþened from residential views and public rights-of-way unless meeting the pr~vision of section 22-960(b )(2). ill The PWSF sh~l consist only of the following types of facilities: a. The P"fSF consists of a A microcell or a minor facility: or, i b. A PW F that exceeds the minor facilit thresholds for number of antenn s dimensions and/or area but creates no more adverse im acts than a inor facilit as determined b the director of communit develo~ment services, subject to meeting all of the following standards: 1. ¡The facility shall not create substantially more adverse visual ¡impact than a minor facility: and, 11. E ui ment enclosures shall be located under round on ad' acent ,properties outside of public rights-of-way unless such location is I ¡determined to be impracticable by the director of community ¡development services. Ifunderground placement is determined t~ ¡be impracticable by the director of community development ¡services, the equipment cabinet shall not exceed SIX feet in height land occupy more than 48 square feet of floor area, or the ¡equipment cabinet shall be located within a completely enclosed ¡building. 111. ¡¡flocation of the equipment enclosure within the public right-of- ¡way is approved by the director of community development I services, the equipment cabinet shall be located underground. If ¡underground placement is determined to be impracticable by the ¡director of community development services, the equipment !enclosure shall not exceed six feet in height and occupy more than 124 square feet of floor area, including areas for maintenance or i future expansion. DRAFT ORDINANCE NO. 99- I EXH~BI. . F ,PAGE 18 PAGE.b,~~ustll,1999 2 .-_...~.._- DRAFT IV. ¡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. ¡The PWSF shall comply with all other applicable standards of the IFWCc. The combined antennas ma extend u to but not exceed 15 feet above the existin struct re Ius the minimum necess distance to meet the safet clearances re ired b the 0 erator of the existin structure. The antenna extension may ¡be permitted regardless of whether the existing structure is in conformance "t'ith the maximum height of the underlying zone as outlined in the Use Zone Chafs. Article XI. District Regulations. v. 4 ~ (5) ro osed for location of PWSFs ì Required setbfks shall not pertain to PWSFs within public rights of ways. fJjf£l New free stan4ing PWSFs New free-standinJ! PWSFs. These structures shall conform to the following site revelopment standards: a-.ill &om ill &om Placement of ~ freestanding PWSF shall be denied if placement of the antennas on an existing ~tructure can meet the applicant's technical and network location requirements. I I Monopoles sh4ll be the only free-standing structures allowed in the city; except that a lattice to~er may be used to accommodate the collocation of four or more providers as p¥ of a joint permit application. ì I A free-standin$ PWSF, including the support structure and associated electronic equipment, sh~ll comply with all required setbacks of the zoning district in which it is located. E~r developed sites. the setback requirements shall be those of the DRAFT ORDINANCE NO. 99- CW7RJRE:-."" . , PAGE I...,JLri D t.E~( o. r... ....Âugust 11,1999 PAGE-"-Q~"~~ ~ill e-.(Q} f-.(]J í -. ..- --.---------- DRAFT rinci al use 0 the sub'ect ro ert . For undevelo ed sites the setback re uirements fì r new free-standin PWSFs shall be 20 feet for front side and rear yards. Free-standing ~WSFs shall be designed and placed on the site in a manner that takes maximu$ advantage of existing trees, mature vegetation, and structures so as to: . ha. Use ex~sting site features to screen as much of the total PWSF as possible from p*valent views; and/or ~.Q. Use ex~sting site features as a background so that the total PWSF blends into th~ background with increased sight distances. In reviewing tije proposed placement of a facility on the site and any associated landscaping th~ city may condition the application to supplement existing trees and mature ve~etation to more effectively screen the facility, Support struct~res, antennas, and any associated hardware shall be painted a nonreflective cþlor or color scheme appropriate to the background against which the PWSF w04ld be viewed from a majority of points within its viewshed, The Pproposed col~r or color scheme te shall be approved by the hearing examiner or community deyelopment director as appropriate to the process. I I f41.úD. Standards for flectronics equipment enclosures, i a-.ill Þ-.Q) Equipment en losures for all PWSFs, regardless of location, shall be placed underground' . unless underground placement is determined to be im racticable the director of communit develo ment services, In re uestin above round lacement the burden of demonstratin im racticabilit shall be on the applicant. ! I I If above grounft, screening of PVlSF equipment enclosures shall be provided screened with fne or a combination of the following materials methods, which screening shal be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure as EX H U3~ WT,"' F ,PAGE20 PAGE-11-,~,...iC "'-UgU~t II, 1999 DRAFT ORDINANCE NO. 99- i , DRAFT much as to the reatest extent possible from any street and/or adjacent properties" as determined the director of communit develo ment servcies. Screening may be located any here between the enclosure and the above mentioned viewpoints. Landscaping fì r the purposes of screening shall be maintained in a healthy condition, as d termined by the city. ! (4) or PWSFs located on structures shall not adverse I im act vehicular si ht more I i I i i I I DRAFT ORDINANCE NO. 99- --J I I : , PAGE 21 E}{H~[2\ F .. P AGE -'-' u ~~,. ~ust II, 1999 DRAFT i I ~:4:1~=~~=d unllcr W, ,ectieR ,boll be leoated WithiR ! I ~(g) Security Fenci1& I Security fencing, ifus1d, shall conform to the following: I a-.(U No fence shall txceed six feet in height as stipulated in section 22-1133(5). lr.ill Security fencink shall be effectively screened from view through the use of appropriate lan~scaping materials. I e,ß} Chain-link fents shall be painted or coated with a nonreflective color. E6f{h} Cumulative E cts. The city shall consider the cumulative visual effects of PWSFs mounted on existing s ructures and/or located on a given permitted site in determining whether the additional permit eaÐ may be granted so as to not adversely effect the visual character of the city. e-. I f1)ill Sign age. No 1reless equipment shall be used for the purpose of mounting signs or message displays of any kiïd, except for signs used for identification and name of provider. (Am Use zone chartf' height and permit process. (1) The final appr val authority for applications made under this section shall be defined by the ppropriate permit process as outlined in the Use Zone Charts, Article XI, Dis rict Regulations. (2) Allowed heigh s shall be established relative to appropriate process as outlined in the Use Zone harts, Article XI, District Regulations. on which a Article IV DRAFT ORDINANCE NO. 99- , PAGE 22 E~\H~[E' F PAGE~,~, ..~,~_:11,1999 DRAFT ersonal Wireless Service Facilities. Section 22-970. A (g) . (a) Except for Temporary Personal Wireless Facilities. P¡2ennit applications made er this section shall include the following minimum infonnation in addition to that required fo the underlying pennit review process: (1) (2) (3) (4) A diagram or tap showing the primary viewshed of the proposed facility. i Photosimulati ns of the proposed facility from effected properties and public rights-of-way t varying distances. . Architectural levations of proposed facility and site. A coverage C~rt of the proposed PWSF at the requested height and an explanation 0 the need for that facility at that height and in that location. The explanation sh 11 include an analysis of altematiye sites and '.vhy the requested the feasibility of locating the ro osed PW F in each of the hi her riorit locations as identified in Section 22-966 d an documentation of wh locatin the PWSF in each hi her riorit location and/o zone is not bein ro osed. I I DRAFT ORDINANCE NO. 99- -I I I I I ,PAGE23 EJ{~=~~E;\C' F. A st II 1999 PAGE--OF~ ' DRAFT (5) An inventory 0 other PWSF sites operated by the applicant or other providers . . within~one mile of its borders radius of the proposed PWSF location including specific information about location, height, and design of each facility (6) A site/landsca . ng plan showing the specific placement of the PWSF on the site; showing the 10 ation of existing structures, trees, and other significant site features; and i dicating type and locations of plant materials used to screen PWSF components. f7jŒ2 Personal Wireless Service Facilities shall ermitted facilit . osed facilit . Section 22-971. Collocation. (h)CollOCEltioJ'l. EB'@} A permittee sh 11 cooperate with other PWSF providers in collocating additional antenna on support structures nd/or on existing buildings and sites provided said proposed collocatees have received a p rmit for such use at said site from the city. A permittee shall allow other providers to collocate a d share the permitted site, provided such shared use does not give rise to a substantial technical evel impairment of the permitted use (as opposed to a competitive conflict or financial burden). n the event a dispute arises as to whether a permittee has exercised , DRAFT ORDINANCE NO. 99- ~ I I I I E '1-;7 ~q g fT~' ,-- f , PAGE 24 ',b~'il-[JB~~!;.A.ugust 11,1999 PAGEJU3JF JtIa- DRAFT good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permitte . Failure to comply with this provision may result in a revocation of the permit. ~{Q} A signed state ent indicating that the applicant agrees to allow for the potential collocation of additional PW F equipment by other providers on the applicant's structure or within the same site location hall be submitted by the applicant as part of the permit application. If an applicant contends that ture collocation is not possible on their site, they must submit a technical study documenting hy. Section 22-972. EMF Stand rds and Interference. :> ~ fBiill. The apPlicant~hall comply with federal standards for EMF emissions. Within six months after the issuance of i s operational permit, the applicant shall submit a project implementation report which rovides cumulative field measurements of radio frequency (EMF) power densities of all antenn installed at the subject site. The report shall quantify the EMF emissions.. and compare the r sults with established federal standards. and provide a statement that the EMF emissions are "thin established federal standards. Said report shall be subject to review and approval of the ci for consistency with the project proposal report and the adopted federal standards. If on reviet, the city finds that the PWSF does not meet federal standards, the city may revoke or modify tht permit. The applicant shall be given a reasonable time based on the nature of the problem to cpmply with the federal standards. Ifthe permit is revoked, then the facility shall be removed. i I i ~{Q} The applicant hall ensure that the PWSF will not cause localized interference with the reception of area tel ision or radio broadcasts or the functioning of other electronic devices. If on review of a reg stered complaint the city finds that the PWSF interferes with such reception, the city may revok or modify the permit. The applicant shall be given a reasonable time based on the nature oft problem to correct the interference. If the permit is revoked, then the facility shall be removed. Section 22-973. Removal of ffi Facility rcl'l1owÛ. i fBiill. Abandonment and removal. The owner or operator of a PWSF shall provide the cit with a co of the notice of intent to cease 0 erations re uired b the FCC at the time it is submitted to the FCC. Additi naIl +!he owner or operator of a PWSF shall notify the city in writing *f*ffl 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 th site's use is discontinued PWSF is abandoned, it ceases to be operational, the permit is rev+ked, or if the facility falls into disrepair and is not maintained, as I I Ej'fr",~r F DRAFTORDlNANCENO.99-+- ,PAGE25p.""\".~,i '.I!,',...". AlJgustll,1999 I - 1\GE:~r JIL DRAFT determined by the city. Disre air includes structural features, paint, landscaping, or general lack of maintenance which could r suit in adverse saIety or visual impacts. If there are two or more users of a sin Ie tower then t e cit 's ri ht to remove the tower shall not become effective until all users abandon the tower. f21 c Removal and I en. If the provider fails to remove the abandoned or partially abandoned facility upon W 2 0 days of its discontiBued use abandonment or partial abandonment, the responsibil ty for removal falls upon the property owner on which the abandoned or artiall aband ned facility has been is located. If the property O\'Æer fails to ~ property o'.vner fails to pay thf costs and expenses, the city may file a lien against the property owner's real property in the rn¡nount of such costs and expenses and record such lien with the King County Records Office. The city may enforce this paragraph using the procedures as set forth in FWCC Article 3 See tion 1-14. Section 22-974. Permit Lim tations. fk:) Permit limitations.! I EBw A permit for a PWSF shall expire ten years after the effective date ofthe permit approval, unless earlier revok d by the city. A permittee wishing to continue the use of a specific PWSF at the end of the ten-y ar period must apply for an application to continue that use at least six months prior to its expirat on. The renewal application shall comply with all applicable laws and regulations dictating new permit issuance. In ruling on said renewal the city shall consider all then existing regulations e fecting the application that are appropriate to the technology and use. I i I ~)(Q} Five years aftdr the date of the city's approval effective date of the land use process approval of a PWSF ~ the permittee or assignee shall submit a written statement ! I i DRAFT ORDINANCE NO. 99- -t--_o PAGE 26 I i I E~.r.,r.....r.,'",c'~, bt. .~., ' p PAGE:-U~_. -.~~gust 11, 1999 DRAFT I summarizing its current use aid plans, if any, for that facility/site for the next five years to the best of their knowledge. ~{£l Consistent wit the rovisions of Section 22-408 A~n approved permit for a PWSF shall be valid for one ar from the date of the city's approval effective date of the use process approval, with opport nity for a one-year extension. If not used a building permit application is not received wi in one year of the effective date of the use process approval, or within the extension period, t e permit use process approval shall become null and void. Section 22-975. Revocation ~f Permit. œ . . A permit issued under this article may be revoked, suspended or denied for anyone or more 0 the following reasons: fBúù Failure to com ly with any federal, state or local laws or regulations; (2j(b) Failure to comflY with any of the terms and conditions imposed by the city on the issuance of a permit; , ¡ I ~{£l When the penrlit was procured by fraud, false representation, or omission of material facts; I f4j@ Failure to coo erate with other PWSF providers in collocation efforts as required by this article; ~~ ly with federal standards for EMF emissions; and ~ill Failure to rem dy localized interference with the reception of area television or radio broadcasts or the functi ning of other electronic devices. rocess I Section 15. Section 2')L 1473 of the Federal Way City Code is hereby amended to read as follows: í I I Sec. 22-1473. When rUblic improvements must be installed. (a) The applicant $hall provide the improvements required by this article if the applicant engages in any acti~ity which requires a development permit, except for the following: (1) The applicant leed not comply with the provisions of this article if the proposed improvements lin any 12-month period do not exceed 25 percent of the assessed or I DRAFT ORDINANCE NO. 99- J PAGE,I;Xhl.. [ F. . August II 1999 I ' PAGE:J414-f~~< Jilt- ' DRAFT (2) appraised valuJ (based on an MAl appraisal provided by the applicant) of all structures on t~e subject property, whichever is greater. I The applicant 1eed not comply with the provisions of this article if, within the immediately p ceding four years, public improvements were installed as part of any subdivisio or discretionary land use approval under this or any prior zoning I code. i i ~, (b) Right-of-way djacent to and within subdivision and short subdivisions must be dedicated and improved consi tent with the requirements of this article, unless different requirements are imposed by e city as part of the subdivision or short subdivision approval. Section 16. Severabir . The provisions of this ordinance are declared separate and severable. The invalidity or u constitutionality of any clause, sentence, paragraph, subdivision, section, or portion of this ordi ance or the invalidity of the application thereof to any person or circumstance, shall not effect he validity of the remainder of the ordinance, or the validity of its application to other persons 0 circumstances. ~ Section 17. Effective ate. This ordinance shall take effect and be in force five (5) days after its passage, approval, an publication, as provided by law. PASSED by the City ~ouncil ofthe City of Federal Way at a regular meeting of the City Council on the day 01- , 1999. I I i APPROVED: RON GINTZ, MAYOR ATTEST: EJf n- F ,PAGE:f8o\j"G""C\,\¡--.\ R .".'" ..,-"'Äugustll,1999 r- 1"'\ t:. .II\-1II' 'vi Ð' ~ DRAFT ORDINANCE NO, 99- i I ¡ I i I I N. CRISTINE GRE1' CITY CLERK DRAFT APPROVED AS TO ORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE C TY CLERK: PASSED BY THE CI Y COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: I ~ I DRAFT ORDINANCE NO. 99--l I I Ex~nn F ¡r[j u , PAGEPAG EAI...j c -"'---. August 11,1999 ! M /UG~}~ ':9. 1~:~ !~M}~7 ,WALTER GTUP ! 206-328-08 J 5 T-208 P.02/03 F-436 = VIA FACSIMILE l¡O I.:II(~"SI(I(: ^\'C. SUJh: 310 5<::m k . W A 9I!Jl2-6')7!i (206) 328 080!i Fax (206) 3Iil UX]; www.w~lrcr¡:r(u[).(:UI August 10, 1999 Mr. Tim McHarg Madrona Planning & Dev lopment Services S6O4 - 20'" Avenue NW Seattle. W A 98107 RE: Federal Way PWS Zoning Code Amendments DeaT Mr- McHuS: We are in receipt of your f imile dated AùBù&t 0,1000, rðCðived at thð end of the day- While it seems it would have been more ef~ tive to discuss these changes in person, as discussed at the July 21>1 public hearing, we are prepared to respond to the changes you propose in writing in the interest of registering comments from the three mpanies involvc:d with discussion to this date, prior to your Wednesday afternoon deadline, Seccion 22-966 (d)(5) App 1'Î4tç Public Righrs of Way APpeArS to bc unchanged despitc comment from both industry and the Commi sian, The second. third and fourth sentences in this pTOvision are troublesome since they have the potenùal 0 provide an unfair compctilive Advl1ntð~ to whic;he~r company manages to loca~ On a particular utility pole first. Besides, if the overall goal is to promote collocation of multiple carriers on existing strUctUre , these restrictions are contradictory. We propose removing rhe second, third antlfounk senTences a/this rovisiolt, with the/ollowing result: "(5) Appropriate Pllb ic Rights of Way.' A PWSF may be located 011 existing strUctUres in appropriate public I"i¡;hts-or-w~y. Loçatj n of II PWSF on An existing structure in iIß AppropriatC public:; riGht-or-WilY shall require a right.ot.way rmit in addition [0 the required use process approval," Your modifications to Sectio s 22-967(a)(l)(ii) and Section 22-967(b)(1)(ii) appear to mitigate our concern with respect to larger equip nt being enclosed in a building. Howev~, we notice first that there is still a 48 sf threshold for self..enclo cd cabinets. If cabinets are proposed mat slightly exceed this dimension, it is our thought that this would riJJ provide less impOsilion thAn a ncw building. We propose allowing Ju::lf- contained cabineTs up 10 100 quare feet as pan o/this developmeru slaJltlard. Regardless. w~ also notice that there is still a requirement that location of base station equipment undc;rground must be; "dcte 'oed 10 be impracticable by me directOr of communIty development"' before an above-ground location y be considered. Unlike wireline telephone and fiber systems. wireless equipment providers do not ically market underground equipnlent. So, while II vault could be created at great expense, it is unsafe to technicians who must service and protect the equipment in adverse weather, and is extremely difficult to aim~n. Plus, when the site is ultimately dismantled, It Is much more diffiCUlt EXH~Œ2," G PAGE-LUF .I -..- AUG 10 '99 12:07 FROM:THE WALTER GR~UP lNt. "",,1."'" vl\vur ! 206-328-0815 T-208 P.03/03 F-436 Letter to Tim McHarg AuguSt 10, 1999 to remove a 15' x 25' vault Jhan it is to remove a concrete pad. We propose srrikíng rhe undergrounding provision. with the following resulr: "ii, The equip~nt cabinet for the PWSF shall be located within a completely enclosed buiJding on the site. or the equipmenticabinet shaH not exceed six feet in height and occupy more than 48 square feet of floor area"," Your modification to Section 22-961(b)2) appears to meet Industry needs. We offer no additional comment on this revision. Our only comment on your JIlodification to Section 22-967(e)(4) is that many properties already contain sufficient landscaping aroun4 the perimeter of the property. A director's decision to allow an exception to base station setbacks when this existing landscaping applies would be merited. The remainder of the Tl.wisions to this seclÏon appear consistent with our needs. We propose amend41ory language thaI allows the Director to exempt base stations from property setbacks when existing landscaping can be used to screen il. We have two other important amendments which should be incorporated into the draft language in order to make it balanced for both the City and tbè providers: "The tenn 'appropritUe' should be deleted in several sectiollS. beginning with 22-966 (d) (4). l11is term is vague and UlIdefined," 'The Process I approval process should be used for all PWSF sires. except that the Process TV approval process (public hearing) should be required for any new towers within all residential zones. The Use Zone c"artS should be amended 10 reflect this change. .. We offer our thank.s that the. 'suggestion [0 open S~lÏon 22.969(b) [0 all pcnnittM providers on a property was incorporated. This will result in less potential for unfair access to COW service should an emergency impact a collocated facillty. Tim, we feel Û'lat tbe revi$&ons we. req~t are COzW$tent wim your requirement for a. balance between providers needs and the City's responsibilities. We would appreciate a copy of any modification to the draft you send the City. Pltase do not hesitate to call any of us with any questions you may have with respect to these comments- Josh Lonn may be reached at 2061 328-0808 or via portable phone at 2061 550- ~3g4. Brian Johnson may be reached at 4251 39&-1511 or via portable phonð at 425/ &29-0049. Liea Verner may be reached at 2061286-8575 or via mobile at 206/ 601-4951. Thank you for your time. - "-' . --....¡ Joshua D. Lonn Project Manager represenzinl AirTouch Cellular --vc- ~ l:. So:. ~ Lisa S. Verner Consultant represenring A T ~T Wireless Services -<:JC ~r ~~--q~-,- Brian Johnson Zoning Manager VoiceStrealfl Wireless cc; City of Federal Way Planning ComrnJsslon EXH ~ r~ r G..-....-" PAGE-'--ûF~ August 18, 1999 7:00 .m. City of Federal Way PLANN1NG COMMISSION Regular Meeting ,. :,', , ?": ,.'"C ';,' . '" . City Hall , Council Chambers SUMMARY Commissioners present: Robert Vaughan (Chair), Karen Kirkpatrick, Hope Elder, Eric Faison, John Caulfield, and Ed Soule. Commisr:;ioners absent: William Drake. Alternative Commissioners present: None. Staff present: Deputy Director of Public Works Ken Miller, Traffic Engineer Rick Perez, Senior Planner Margaret Clark, Contract Associate Planner Tim McHarg, and Admin Assistant E. Tina Piety. Chair Vaughan called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES The minutes of June 2, 1999 were approved. AUDIENCE COMMENT None. ADMINISTRATIVE REpORT Mr. Miller and Mr. Perez gave a presentation of the various street projects planned (and under construction) throughout the city. These include: Pacific Highway South, South 320th and Pacific Highway South intersection, BP A Trail Phase III, Sound Transit Center, and other projects. COMMISSION BUSINESS- Personal Wireless Service Facilities Code Amendments - Continued The Public Hearing reconvened at 8: I 0 p.m. Commission Kirkpatrick excused herself from the Public Hearing due to the appearance of a conflict of interest. The Public Testimony was opened at 8: 12 p.m. Lisa Verner, CommerciallJ)evelopment Solutions, PO Box 70372, Seattle, W A 98107- She represents AT&T. She r~quested that public facilities in right-of-ways (ROW) be number 3 on the priority list and that collocation be allowed. The ROW is the appropriate place for infrastructure, which is whatPWSF's are. She requested that the word "appropriate" be deleted. The staff definition (a principal arterial, minor or collector street) is not clear. She requested that the one-year limitation be deleted and that PWSF's be allowed to locate in the setback area in order to take advantage of existing vegetation for screening on all four sides. She requested that the use zone charts be amended to allow monopoles in residential areas under Process IV. Not allowing them could prevent providing service to the entire city. Josh Lonn, 120 Lakeside Aye, Ste 310, Seattle, W A 98122 - He represents Airtouch. He thanked the staff for their hard work and stated that he agrees with Lisa. Why should equipment be undergrounded? The equipment for undergrounding is not available. . EVUR ¡;".ìrH! PAGE ,.. ,., I \Jr' a -.--- Planning Commission August 18, 1999 2 Brian Johnson, Voice Stream Wireless, 19307 N Creek Pkwy, #101, Bothel, W A 98011- He also thanked the staff for their work. He requested that the process be lowered to a Process I when locating on an existing structure in the ROW in residential zones. The Public Testimony was closed at 8:30 p.m. Mr. McHarg gave the staff presentation. He summarized the significant changes. Additionll changes were distributed. He went over the standards for equipment enclosures. The city has developed a hierarchy for the placement of equipment enclosures. The size for equipment enclosures in the ROW is the one approved by the Public Works Department. He stated that the regulation for temporary PWSF's has been changed to allow all providers on a site to locate a temporary PWSF, on-site, for up to 30 days. The city wants to encourage location ofPWSF's on private property rather than the ROW, hence the lower priority on the location hierarchy. In addition, it is felt that ROW's are intended to accommodate items of a linear nature, such as conduits; PWSF's are not linear in nature. Mr. McHarg remarked that the staff believes the term "appropriate" is self-referential. The commission disagrees and requested staff to add a sentence that clearly defines "appropriate." Mr. McHarg went on to say that without the one-year limitation, the attempt could be made to circumvent the height restriction.PWSF's are not allowed in the setback in order to screen them from the ROW. Allowing them in the setback could decrease the amount of vegetation and could make maintenance access problematic. Allowing PWSF's in residential zones would be a significant policy change for the city. On the priority list, #6 allows location in non-priority zones in order to ensure that service would be provided to all areas of the city. Lowering the process to a Process I would also be a significant policy change for the city. Process III requires public notification, which is not required in Process I. Mr. McHarg commented that thell'e is a response in the staff report to the issue of Automated Meter Readers. The pole-top units will be exempt, but the data collection units will have to go through a Process III (staff expects that three to four data collection units will cover the city). It was m/s/c (no nays) to send the recommendation forward to the City Council with the addition of a sentence clearly defining the word "appropriate." The Public Hearing was closed at 8:57 p.m. ADDITIONAL BUSINESS Commissioner Caulfield requested a presentation from Parks on the capital facilities. It was suggested that a formal presentation be given about every other meeting from the different city departments on issues of interest to the commission. Ms. Clark gaye a presentation of current planning projects. AUDIENCE COMMENT None. ADJOURN It was m/s/c to adjourn the meetiJ!lg at 9: 15 p.m. KICOMMON.A.DIPLANCOMlI9991081899S WPD EXH~e,r~ tI PAG E--.&. V &' ~