LUTC PKT 02-05-2018 Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Jesse E. Johnson, Member Mercedes Tenuta, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
City of Federal Way
City Council
Land Use/Transportation Committee
February 5, 2018 City Hall
5:00 p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes each)
3. COMMITTEE BUSINESS
Topic
Title/Description
Presenter
Page
Action
or Info
Council Date
Time
A. Approval of Minutes: January 8, 2018 Tenuta 3 Action N/A 5 min
B. ORDINANCE: To Amend Various Sections of
Title 19 of FWRC
Hansen 7 Action February 20, 2018
Ordinance
First Reading
30 min
C. West Hylebos Creek S 373rd St Gravel
Removal Project – 85% Design Status
Report and Authorization to Bid
Tang 47 Action February 20, 2018
Consent
5 min
D. Lakota Park Stormwater Facility Repair
Project – 85% Design Status Report and
Authorization to Bid
Tang 49 Action February 20, 2018
Consent
5 min
E. Military Rd S and S 298th Street Compact
Roundabout Project – 85% Design Status
Report
Preston 51 Action February 20, 2018
Consent
5 min
F. RESOLUTION: Setting Public Hearing Date
for the Street Vacation of a Portion of SW
300th Street
Mulkey 53 Action February 20, 2018
Consent
5 min
G. ORDINANCE: MCImetro Access
Transmission Services Corp. DBA Verizon
Access Transmission Services Franchise
Winkler 63 Action February 20, 2018
Ordinance
First Reading
5 min
H. ORDINANCE: Clear Wireless, LLC Franchise
Winkler 103 Action February 20, 2018
Ordinance
First Reading
5 min
I. Authorization to Apply for FY 2019 King
County Conservation Futures Funds
Doucette 143 Action February 20, 2018
Consent
5 min
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be Monday, March 5, 2018 at 5:00 p.m. in City Hall Council Chambers.
6. ADJOURN
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2
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II
(253) 835-2701
City of Federal Way
City Council
Land Use & Transportation Committee
January 8, 2018 City Hall
5:00 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Mark Koppang and Committee Member Lydia Assefa-Dawson.
Councilmembers in attendance: Deputy Mayor Susan Honda and Councilmember Martin Moore.
Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director EJ Walsh, Deputy Public Works
Director/Street Systems Manager Desireé Winkler, Deputy City Attorney Mark Orthmann, Economic Development Director
Tim Johnson, City Traffic Engineer Rick Perez, Street Systems Engineer Jeff Huynh, Senior Traffic Engineer Erik Preston, and
Administrative Assistant II Mercedes Tenuta.
1.CALL TO ORDER: Chair Koppang called the meeting to order at 5:03 p.m.
Deputy City Attorney Mark Orthmann stated that due to Committee Member Assefa-Dawson not being present, under
Council Rule 20.8, the Deputy Mayor may serve as an ex officio (voting) member of the committee to achieve a quorum
until another regular committee member arrives. With the Deputy Mayor’s attendance, there was a quorum present to
conduct committee business.
2.PUBLIC COMMENT: There were no public comments.
3.COMMITTEE BUSINESS:
Topic Title/Description
A.Approval of Minutes: December 4, 2017
Committee approved the December 4, 2017 LUTC minutes as presented.
•Moved: Honda
•Seconded: Koppang
•Passed: 2-0
B.16th Ave S (SR 18/S 348th to SR99/Pacific Hwy S) Preservation Project – 85% Design Status
Report and Authorization to Bid
Street Systems Engineer, Jeff Huynh, presented the project as being awarded grant funding by the 2017 NHS
Asset Management Program to fund the overlay and ADA retrofit of 16th Avenue South between South 348th
Street and Pacific Highway South. Mr. Huynh outlined the completed and ongoing tasks as well as the estimated
expenditures. Mr. Huynh also stated that if authorized, it is anticipated that the project will bid in April 2018,
begin construction in June 2018, and is estimated to be complete in October 2018.
Committee forwarded Option #1 (Authorize staff to bid the 16th Ave S (SR 18 / S 348th St to SR
99)Preservation Project and return to the LUTC and Council to award the project to the lowest
responsive, responsible bidder) to the January 16, 2018 Council Consent Agenda for approval.
•Moved: Honda
•Seconded: Koppang
•Passed: 2-0
DRAFT
3
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II
(253) 835-2701
C.SW Campus Drive (19th Ave SW to 1st Ave S) Preservation Project – 85% Design Status Report
and Authorization to Bid
Street Systems Engineer, Jeff Huynh, presented the project as being awarded grant funding by the 2017 NHS
Asset Management Program to fund the overlay and ADA retrofit of SW Campus Drive between 19th Avenue SW
and 1st Avenue South. Mr. Huynh outlined the completed and ongoing tasks as well as the estimated
expenditures. Mr. Huynh also stated that if authorized, it is anticipated that the project will bid in April 2018,
begin construction in June 2018, and is estimated to complete in October 2018.
Deputy Mayor Honda, Chair Koppang, and Mr. Huynh had a brief discussion regarding the reasons for the length
of time to complete the project, traffic control concerns with the potential for night work, concrete repair of the
sidewalk with regards to ADA standards, and funding availability compared to past years.
Committee forwarded Option #1 (Authorize staff to bid the SW Campus Drive (19th Ave SW to
1st Ave S) Preservation Project and return to the LUTC and Council to award the project to the
lowest responsive, responsible bidder) to the January 16, 2018 Council Consent Agenda for
approval.
•Moved: Honda
•Seconded: Koppang
•Passed: 2-0
D.21st Ave S Pedestrian Connection – S 314th St to S 316th St (Grand Staircase) – Right-of-Way
Acquisition
Deputy Public Works Director, EJ Walsh, presented background information including previous acquisition of
right-of-way in 2016 with the eastern right-of-way limit being based on the proposed location of the hotel and
theoretical half street improvements along 21st Avenue South from S 314th Street. To facilitate access from the
TC III parcel, additional right-of-way is needed from the parcel, and upon development of that parcel would
connect to the Grand Staircase. Mr. Walsh presented drawings and renderings as well as outlined the estimated
cost and funding source.
Mr. Walsh, Committee members, Deputy Mayor Honda, and Councilmember Moore had a brief discussion
regarding the REET funds used only for Right-of-Way Acquisition, the cost of a retaining wall being 2-3 times
more than the staircase, and where the handicap accessibilities are located on the staircase.
Point of Order: Deputy City Attorney, Mark Orthmann, stated that due to Committee member Assefa-Dawson’s
arrival at 5:17 p.m. being prior to discussions, the committee achieved quorum therefore the Deputy Mayor is no
longer needed to serve as an ex officio member. Mr. Orthmann thanked Deputy Mayor Honda for her service and
stated the quorum has reverted back to the Chair and Committee Member.
Committee forwarded Option #1 (Authorize staff to transfer a portion of the TC III Parcel to
Right-of-Way for the Grand Staircase along the north side of S 316th Street at 21st Ave S and
authorize the Mayor to accept reimbursement for the purchase cost) to the January 16, 2018
Council Consent Agenda for approval.
•Moved: Assefa-Dawson
•Seconded: Koppang
•Passed: 2-0
E.21st Ave S Pedestrian Connection – S 314th St to S 316th St (Grand Staircase) – 85% Design
Status Report and Authorization to Bid
Deputy Public Works Director, EJ Walsh, presented the project background to construct a staircase with an ADA
accessible ramp at the proposed extension of 21st Avenue S to S 316th Street and outlined the current status
with a list of completed and ongoing tasks.
Mr. Walsh revisited the 30% Design Status rendering that was presented to the Committee in September 2017
and explained that the main concerns regarding the protection for strollers and wheelchairs at the turning
movement platform along with the addition of handrails have been incorporated into the 85% Design. New
4
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Lydia Assefa-Dawson, Member Mercedes Tenuta, Administrative Assistant II
(253) 835-2701
renderings were presented showing the key revisions being railings along the west staircases, railings with
additional landings and ramps at the center staircases, and railings with a protected landing at the east staircase.
Additional renderings for daytime and nighttime were presented showcasing the lighting positioned at the
staircases.
Mr. Walsh outlined the estimated expenditures and funding summary to include City budgeted funds, LIFT
funding from 2016-18, REET funding for the right-of-way acquisition, and the Regional Mobility Grant from King
County Metro.
Mr. Walsh and Deputy Mayor Honda held a brief discussion regarding the potential for misuse of the staircase
and its railings with skateboarding and the City’s risk and liability. Mr. Walsh explained that the direction given
was that the need for the railings outweighs the potential for misuse and that if it became a problem, there are
anti-skateboarding devices that can be retrofitted.
Deputy City Attorney, Mark Orthmann, stated that proper notification and signage will be part of the steps to
mitigate those types of issues. Once people are put on notice, they take an assumed risk if the decision is made
to use a facility in a way that is not intended.
Committee member Assefa-Dawson and Councilmember Moore asked clarifying questions regarding the
landscape maintenance, total length of the ramps, and the possibility of an elevator.
Chair Koppang and Public Works Director Marwan Salloum held a brief discussion regarding the funding, what
LIFT (Local Infrastructure Financing Tool) funding is designated for, and how it applies to this project.
Committee forwarded Option #1 (Authorize staff to proceed with the design and bidding of the
21st Ave S Pedestrian Connection - S 314th St to S 316th Street (Grand Staircase) and return to
the LUTC and Council to award the project to the lowest responsive, responsible bidder) to the
January 16, 2018 Council Consent Agenda for approval.
•Moved: Assefa-Dawson
•Seconded: Koppang
•Passed: 2-0
F.RESOLUTION: Adoption of Amended 2018-23 Transportation Improvement Plan
Senior Traffic Engineer, Erik Preston, presented the Transportation Improvement Plan (“TIP”) amendment to
add one non-motorized project completing a sidewalk gap on S Dash Point Rd in front of Sacajawea Middle
School. The City has already been awarded the grant funding but in order to accept the funds, the project must
be listed on the TIP and is adopted after the public hearing scheduled on January 16th. Mr. Preston outlined the
project location using a map and identified the new project as #28 on the plan.
Committee forwarded Option #1 (Adoption of the amended 2018-23 TIP and ASIP) to the
January 16, 2018 City Council meeting for approval.
•Moved: Assefa-Dawson
•Seconded: Koppang
•Passed: 2-0
4.OTHER
5.FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be held on Monday, February 5, 2018 at 5:00 p.m. in City Hall Council Chambers.
6.ADJOURNMENT: The meeting was adjourned at 5:53 p.m.
Attest: Approved by Committee:
Mercedes Tenuta, Administrative Assistant II
5
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6
COUNCIL MEETING DA TE: February 20, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: TO AMEND VARIOUS SECTIONS OF TITLE 19 OF FWRC
POLICY QUESTION: Should the City address changes to the FWRC Title 19 to clarify intent of the Code, and
should the City permit micro-breweries, micro-distilleries, and micro-wineries within the Suburban Estates,
Neighborhood Business, Community Business, City Center Core, City Center Frame and Commercial
Enterprise zones?
COMMITTEE: Land Use and Transportation ·
CATEGORY:
D Consent
D City Council Business
~ Ordinance
D Resolution
STAFF REPORT BY: Robert "Doc" Hansen, Planning Manager
Attachments: Staff Report
Ordinance
Options Considered: Approve the Mayor's Recommendation
MEETING DATE: 02/05/2018
D
D
Public Hearing
Other
DEPT: Community Development
Approve the Mayor's Recommendation with Modification
Deny the Mayor's Recommendation
MAYOR'S RECOMMENDATION: Approve the Propo •ed Ordinance
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 20,
2018
Committee Chair, Mark Koppang
PROPOSED COUNCIL MOTION(S):
Committee Member, Jesse
Johnson
Committee Member, Hoang
Tran
FIRST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the March 6, 2018
Council Meetingfor enactment."
SECOND READING OF ORDINANCE (DATE): "! move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
7
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 5, 2018
TO:
VIA:
FROM:
Land Use and Transportation Committee
Jim Ferrell, Mayor
Brian Davis, Director Community Development ~. ·
Robert "Doc" Hansen, Planning Manager ~
SUBJECT: Proposed Amendments to Title 19 to Clarify Particular Title Sections and to Add a Land
Use to Suburban Estates Zone and Commercial Zones
I. BACKGROUND:
Staff has observed and noted a number of items within the Code that have resulted in confusion to the
public or has required interpretation of the Code. Additionally, there are uses that are in demand that have
not been addressed within the Code and, if permitted, where such uses can be productive while being
compatible. The purposed amendment is to address some of these issues . This amendment is not intended
to address all items within the Code needing clarification. Only some sections of Title 19 that have
needed interpretation have been documented and addressed through this proposed amendment. Further
suggested Code amendments that warrant clarification when discovered will be proposed in the future.
All of the amendments proposed are "non-project" proposals and relate to change in Code text and do not
address any proposed project. Any project that is proposed in the future will be required to be processed
through adopted Code analysis.
II. PROPOSED CODE AMENDMENTS AND ANALYSIS
Proposed Code Amendments
The current proposed amendment has 10 items for consideration. Each of the Exhibits displays a
proposal to amend one section of Title 19. Three items proposed for amendment are all related to
Section 19 .125 of the Code and are included within only one of the Exhibits. The sections of the
Code proposed for amendment are as follows:
1. FWRC 19.110.020(2)(c). Current language reads that "One-half of the area covered with
grass grid pavers will be considered as impervious surface in determining compliance with
the maximum lot coverage requirement of this title ." The Surface Water Manual (SWM)
allows all areas of grass grid to be counted as pervious area for storm water purposes. The
removal of this language in this zoning section will make the Code consistent with SWM.
Analysis: By providing past project developers information that grass pavers will provide
one-half impervious surface, developers often make plans to compensate for the impervious
surface while no impervious surface calculation is required. Change in the wording of Title
8
February5, 2018
Land Use and Transportation Committee
Proposed Title 19 Amendments
Page2
19 to match the Storm Water Management document will provide consistency within the
Code, and will provide accurate information to developers of projects where grass pavers are
being planned or considered.
Planning Commission Recommendation
The Planning Commission made recommendation to approve this action on September 20,
2017 after public hearing.
2. FWRC 19.125.
FWRC 19.125.030(2) states, "Required landscape plans for all projects shall be prepared by
a Washington State licensed landscape architect." FWRC 19.125.035(1)(a) states that
persons qualified to prepare landscape plan shall be either "a landscape architect licensed in
the state of Washington, a nursery professional certified pursuant to the Washington Certified
Nursery Professional program, or a Washington State certified landscape technician." The
two languages provide two separate criteria, Section 19.125.030 being more restrictive.
Section .030 can be stricken to permit landscape plans to be developed with less cost to the
developer/landowner, yet with similar proficiency.
fu Section 19.125.040(28), current language in this section reads, "Landscaping is not
required along perimeter lot lines abutting rights-of-way where no required yards apply
pursuant to Division VI, Zoning Regulations." The intent by this section is to release the
owner/developer from the requirement to landscape when construction occurs to the property
line and no perimeter landscaping can be provided. Perimeter landscaping should still be
required if the building is set back from the property line. Based on the way the Code is
written, it appears that no perimeter landscaping along the ROW is required even if the
building is set back from the property line.
Within Section 19.125.170(5), current language references FWRC 19.275.110 and
19.275.120 for regulations related to temporary use of outdoor storage. This is an incorrect
citation. It should read "19.275.080" and "19.275.090" respectively.
fu Section 19.125.180(1), current language in this section has the similar scrivener error.
References "FWRC 19.275.110" and "19.275.120" should be changed to read "19.275.080"
and "19.275.090" respectively.
Analysis: It has been determined in a number of cases that all professionals certified in
landscaping may have capabilities to complete adequate landscape plans and should not be
limited to just landscape architects. Language in 19.125.040(28) has been interpreted in
some situations that landscaping is not necessary when the building is not located on the
property line. This has resulted in some confusion when some developers are requested to
provide landscaping to the property boundary while some have not been required to do so.
Minor language amendment is necessary to prevent this in the future. The requirement for
landscaping when the building is not on the property line is clarified by replacing and re-
wording the current language as suggested.
Planning Commission Recommendation
The Planning Commission made recommendation to approve this action on September 20,
2017 after public hearing .
9
February5, 2018
Land Use and Transportation Committee
Proposed Title 19 Amendments
Page3
3. FWRC 19.135.100(2) and 19.135.130(2), Exhibit D. Current language within Title 19
provides standards that may not be consistent with City's adopted Development Standards
administered by Public Works. It is suggested that this section reference the Public Works
Development Standards so that the developer/citizen/administrator does .not have to review
two separate and potentially inconsistent sources. Also, 19 .135 .130(2) suggests that the
primary road construction standards are the King County standards. The current construction
standards of the County should only apply if there are no City standards addressing a
particular situation.
Analysis:
Public Works Development standards that are adopted for roads are not always consistent
with standards listed within Title 19. The above section is one of those examples. The City's
existing road and development standards implemented and enforced by Public Works prevail
over any standards or language within Title 19. Reference to the Development standards will
prevent duplicate or conflicting languages within the two documents.
Planning Commission Recommendation
The Planning Commission made recommendation to approve this action on September 20,
201 7 after public hearing.
4. FWRC 19.05 and 19.195, Exhibit E. No language exists within the Code relating to the
demand and desire to create local, small scale wineries, breweries and distilleries.
Administrative interpretations have been made regarding such activities even though no
language has been drafted providing guidelines for such activity. It is proposed that language
be adopted defining these operations and indicating at this time that they occur within the
"Suburban E.states" (SE) zone and all commercial zones. Such activities would be limited in
size and amount of activity to ensure compatibility of the use with surrounding residential
and farm activity.
Analysis:
Washington State has a multi-billion dollar industry in the production of wine and the
growing of grapes. Most of the producers of wine and beers in the State produce small
amounts of product. It is estimated that just six percent of the wineries within the State
produce more than ninety percent of the wine. The other 10 percent is produced by small
wineries.
Communities throughout the Pacific Northwest allow the production of wines and beers at
small production within their jurisdictions. This proposal provides standards which will
permit the establishment of micro-breweries, micro distilleries and micro-wineries which
have little impact upon large-lot residential areas.
Planning Commission Recommendation
The Planning Commission made recommendation to approve this action at the November 15,
2017 public hearing after requesting that the staff review the original standards provided at
the September 20, 2017 hearing.
S. FWRC 19.200.010(3), Exhibit F. A condition within the table in Section 19 .200.010 has
language that is confusing. Those that are not familiar with the Code sometimes question
10
February5 , 2018
Land Use and Transportation Committee
Proposed Title 19 Amendments
Page4
whether the side yard on a comer lot is 5 feet or 10 feet. The yard not considered the front on
a corner lot is IO feet and language change is proposed to indicate such.
Analysis:
Language within the Code relates to required setbacks of residential lots. The table provides
language that has been interpreted that a side yard on a comer lot could be either 5 feet or 10
feet. The side yard setback is five feet unless it is a comer lot. Comer lots require 10 feet
setback. This slight modification in the language would reduce this confusion.
Planning Commission Recommendation
The Planning Commission made recommendation to approve this action on September 20,
2017 after public hearing.
6. FWRC 19.220 and 19.240, Exhibit G. No language currently exists within the Code
allowing public utilities and essential public facilities within the Community Business (BC)
or Commercial Enterprise (CE) zones. This probably resulted from an oversight, and since
they are allowed within all other zones, they should be allowed in these zones under the same
conditions and requirements as in the other zones.
Analysis:
Public utilities and essential public facilities are required to be provided as stated within
RCW 36.70, the Growth Management Act. There are no provisions to allow for such
facilities within these two zones and should be allowed per the Revised Code of Washington
in meeting the Growth Management Act.
Planning Commission Recommendation
The Planning Commission made recommendation to approve this action on September 20,
2017 after public hearing.
III. PROCEDURAL SUMMARY
The procedure for making this amendment is shown below:
*SEPA Notice to Newspaper 8/11/2017
*Issue SEP A Determination 8/11/2017
*14-Day Comment Period Ends 8/25/2017
*Notice of Planning Commission Public Hearing 8/11/2017
Reschedule to 9/20/17 8/25/2017
*Planning Commission Public Hearing 9/20/2017
21-Day SEPA Appeal Period Ended 9/15/2017
)
Land Use/Transportation Committee Meeting 02/05/2018
City Council 1st Reading 02/20/2018
City Council 2nd Reading 03/06/2018
11
February5, 2018
Land Use and Transportation Committee
Proposed Title 19 Amendments
Page 5
Notice of Action of Hearing in Newspaper and
send final version to Department of Commerce
Ordinance Effective
* Actions which have already been accomplished.
03 /09/2018
03 /12/2018
IV. DECISION CRITERIA
FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes
compliance of the proposed zoning text amendments with the criteria provided by this chapter.
The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
3. The proposed amendments are in the best interest of the residents of the city .
V. OPTIONS FOR DECISION
After consideration of the proposal, the Planning Commission's recommendation and the
Mayor's recommendation regarding the proposed amendments, the Council may:
1. Approve the Mayor's recommendation ;
2. Approve the Mayor's recommendation with modifications to the proposal; or
3. Deny the recommended proposal for amendment to the FWRC .
MAYOR'S RECOMMENDATION
Based on the above staff analysis and decision criteria, and based upon the Planning
Commission's recommendation for approval following public hearing at a September 20, 2017
hearing and November 15, 2017 hearing, the Mayor recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended to the
Land Use/Transportation Committee (LUTC) and City Council.
Attachment
Ordinance proposed
12
ORDINANCE NO. ----
AN ORDINANCE of the City of Federal Way, Washington, relating
to updating the zoning and development code; amending FWRC
19.05.130, 19.110.020, 19.125.030, 19.125.040, 19.125.070, 19.125.180,
19.135.100, 19.135.130, and 19.200.010; and adding new sections to
Chapters 19.195, 19.215, 19.220, 19.225, 19.230, and 19.240.
(Amending Ordinance Nos. 90-43, 93-170; 96-270; 97-291; 98-309; 98-
330; 02-424; 06-533; 07-045; 07-545 07-554; 07-559; 7-573; 08-585; 09-
593; 09-610; 09-630; 10-678 and 15-797)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19 .80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt new and amended
development regulations in Title 19 FWRC to allow micro-breweries, micro-distilleries, and
micro-wineries within the City of Federal Way; and
WHEREAS, certain section of Title 19 FWRC are inconsistent and confusing, which has
created problems in the administration of some sections of the zoning code, which necessitates
amendments to clarify the regulations; and
WHEREAS, incorrect references and statements exist within Title 19 FWRC that conflict
with other sections of the FWRC administered by various City departments; and
13
WHEREAS, the Planning Commission conducted public discussion of these code
amendments on August 2, 2017; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on August 11, 2017, and no comments or appeals were received and the
DNS was finalized on September 15, 2017; and
WHEREAS, the Planning Commission properly conducted duly noticed public hearings
on these code amendments on September 20, 2017 and forwarded a recommendation of approval
with modification to the City Council as follows:
(1) To amend FWRC 19.l 10.020(2)(a) and (c) by eliminating the language of these two
sections to comply with surface water requirements;
(2) To amend FWRC 19.125.030(2) by removing the requirement that only licensed
certified landscape architects are allowed to complete landscape plans;
(3) To amend FWRC 19.125.040(28) to clarify that landscaping is required between
buildings and property lot lines where buildings do not meet lot lines;
(4) To amend FWRC 19.125.170(5) and FWRC 19.125.180(1) to provide accurate code
references;
(5) To amend FWRC 19.135.100(2) and 19.135.130(2) to clarify which development
standards apply to improvements required under Chapter 19.135 FWRC;
(6) To amend FWRC 19.200.010 to clarify side yard requirements in the Single-Family
Residential (RS) zone;
(7) To amend Chapter 19.220 FWRC by adding a use table allowing public utilities
within the Community Business (BC) zone;
14
(8) To amend Chapter 19.220 FWRC by adding a use table allowing public utilities
within the Commercial Enterprise (CE) zone; and
WHEREAS, the Planning Commission properly conducted duly noticed public hearings
on these code amendments on November 15, 2017 and forwarded a recommendation of approval
to the City Council for modification to the City Code as follows:
'
(1) To amend Chapter 19.05.130 to add a definition for "micro-brewery, micro-distillery
and micro-winery;"
(2) To amend Chapter 19.125 FWRC to allow micro-breweries, micro-distilleries, and
micro-wineries with the Suburban Estates (SE) zone;
(3) To amend Chapter 19.215 FWRC by adding a use table allowing micro-breweries,
micro-distilleries, and micro-wineries within the Neighborhood Business (BN) zone;
(4) To amend Chapter 19.220 FWRC by adding a use table allowing micro-breweries,
micro-distilleries, and micro-wineries within the Community Business (BC) zone;
(5) To amend Chapter 19.225 FWRC by adding a use table allowing micro-breweries,
micro-distilleries, and micro-wineries within the City Center Core (CC-C) zone;
(6) To amend Chapter 19.230 FWRC by adding a use table allowing micro-breweries,
micro-distilleries, and micro-wineries within the City Center Frame (CC-F) zone;
(7) To amend Chapter 19.240 FWRC by adding a use table allowing micro-breweries,
micro-distilleries, and micro-wineries within the Commercial Enterprise (CE) zone; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on February 5, 2018, and recommended adoption of the text
amendments as recommended by the Planning Commission.
15
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by clarifying items within the Code for less need for
interpretation, by correcting mistakes within the Code, and by offering an economic opportunity
within the City that currently does not exist.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
( c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
( d) These code amendments bear a substantial relationship to , and will protect and
not adversely affect, the public health, safety, and welfare.
( e) These code amendments have followed the proper procedure required under the
Federal Way Revised Code.
Section 2 . Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
16
LUG2: Develop an efficient and timely development review process based on a public/
private partnership.
LUP6: Conduct regular reviews of development regulations to determine how to improve
upon the permit review process.
MPP-Ec-5: Foster a supportive environment for business startups, small businesses, and
locally owned businesses to help them continue to prosper.
EC-6: Foster the retention and development of those businesses and industries that
export their goods and services outside the region.
LUP36: Require development to be compatible and well integrated into its surroundings
and adjacent zones through site and building design and development standards that
reduce or eliminate land use conflicts and nuisance impacts; ensure project aesthetics;
promote sharing of public facilities and services; and improve vehicular and pedestrian
traffic flow and safety, including access control and off-street interconnectivity between
adjoining properties where feasible.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they provide implementing clarifications to a number of
sections of Title 19 FWRC, and the amendments also offer economic incentive for a new and
creative use within the City, which is made compatible with surrounding environments to
potentially increase tourism in the City.
( c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they clarify a number of ambiguous regulations that has the
potential for inconsistent application
( d) The amendments create opportunities for small businesses, which may increase
the economic base of the City.
17
Section 3. FWRC 19.05.130 is hereby amended to read as follows:
19.05.130 M definitions.
"Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a
manner that does not alter the basic design, size, height, or structure of the sign.
"Manufactured home" means a factory-built structure transportable in one or more sections
which is built on a permanent chassis and designed to be a dwelling with or without a permanent
foundation when connected to reqhired utilities. A manufactured home shall be built to comply
with the National Manufactured Home Construction and Safety Standards Act of 1974
(regulations effective June 15, 1976).
"Manufacturing and production" means the mechanical or chemical transformation of
materials or substances into new products, including the assembling of component parts, the
creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.
Manufacturing and production is divided into the following categories:
(1) "Manufacturing and production, general, " means establishments typically
manufacturing and producing for the wholesale market.
(2) "Manufacturing and production, limited, "means retail establishments engaged in the
small-scale manufacture, production, and on-site sales of custom goods and products. These uses
are distinguished from "manufacturing and production, general," by a predominant use of hand
tools or domestic mechanical equipment, limited number of employees, limited sales volume,
limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an
obvious retail storefront with a public entrance that is in scale with the overall building and
oriented to the right-of-way. This category includes uses such as ceramic studios; candle-making
shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of
18
specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental
appliances such as bridges, dentures, and crowns; production of goods from finished materials
such as wood, metal, paper, glass, leather, and textiles; €lfid production of specialized food
products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers.
"Maximum lot coverage" means the maximum percentage of the surface of the subject
property that may be covered with materials which will not allow for the percolation of water
into the underlying soils. See FWRC 19.110.020 et seq. for further details.
"Mean sea level" means the level of Puget Sound at zero tide as established by the U.S.
Army Corps of Engineers.
"Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones
in other jurisdictions.
"Micro-brewery, " "micro-distillery, " or "micro-winery" means a small-scale brewery
Limited to production ofless than 3,750 beer barrels per year (115,000 gallons), small distillery
limited to production of less than 7 .6 00 9-liter cases per year (65,000 liters), or small-scale
wine1y limited to production ofless than 3,000 cases per year (495 gallons), respectively, that
produce. sell and/or bottle the product. along with any tasting room(s) designed for the purpose
of offering samples of the product
"Microcell" means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
"Minor facility" means a wireless communication facility consisting of up to three antennas,
each of which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
19
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in
length.
A minor facility includes any associated equipment cabinet that is six feet or less in height
and no more than 48 square feet in floor area.
"Mixed-use building" means a building containing two or more different principal permitted
uses, as determined by the director, and which occupy separate tenant spaces.
"Mooragefacility" means a pier, dock, buoy or other structure providing docking or
moorage space for waterborne pleasure craft.
"Multiple-story building" means a building containing two or more floors of active permitted
use(s), and each upper floor area, excluding any storage, mechanical, and other similar
accessory, nonactive areas, contains at least 33 percent of the ground floor area.
"Multi-tenant complex" means a complex containing two or more uses or businesses.
"Multi-use complex" means all of the following: a group of separate buildings operating
under a common name or management; or a single building containing multiple uses where there
are specific exterior entranceways for individual uses; or a group of uses on separate but
adjoining properties that request treatment as a multi-use complex.
"Mural" means a design or representation that is painted or drawn on the exterior surface of
a structure and that does not advertise a business, product, service, or activity.
Section 4. FWRC 19.110.020 is hereby amended to read as follows:
19.110.020 Calculating lot coverage.
(1) General. Except as specified in subsection (2) of this section, the area of all structures,
pavement and any other impervious surface on the subject property will be calculated as a
percentage of total lot area, exclusive of the area of any recorded access easements, in
20
determining compliance with maximum lot coverage required in this title. If the subject property
contains more than one use, the maximum lot coverage requirements for the predominant use
will apply to the entire development.
(2) Exceptions. The following shall be excepted from the provisions of this section:
(a) A wood deck will not be considered as an impervious sl:l.rface ror maximum lot coverage
proposed if the deck is constructed 'Nith gaps between the boards and if there is a pervio:es
surlace below the deck.
(b!!) A vehicular access easement, private tract, or that portion of a private driveway located
within the "flag pole" or "access panhandle" part of the lot will not be used or considered in
determining compliance with the maximum lot coverage requirement of this title.
(c) One half of the area covered v+<ith grass grid pavers will be eonsidered as impervious
surface in determining comphanoe with the ma*:imum lot co·<'erage requirement of this title.
Section 5. FWRC 19.125.030 is hereby amended to read as follows:
19.125.030 Landscape plan approval.
(1) No permit shall be issued to erect, construct or undertake any development project
without prior approval of a landscape plan by the department of community development.
(2) Required landscape plans for all projects shall be prepared by a \Jlashington State
licensed landscape architect persons qualified pursuant to FWRC 19.125.035(1)(a).
Section 6. FWRC 19.125.040 is hereby amended to read as follows:
(1) All portions of a lot not used for buildings, future buildings, parking, storage or accessory
uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The
department of community development may allow or require supplemental plantings in these
areas, pursuant to the provisions of this title.
21
(2) All outside storage areas shall be fully screened by Type I landscaping a minimum of five
feet in width, as described in FWRC 19.125.050(1), unless determined by the community
development review committee (CDRC) that such screening is not necessary because stored
materials are not visually obtrusive.
(3) Slopes in areas that have been landscaped with lawn shall generally be a 3: 1 ratio or less,
length to height, to assist in maintenance and to allow irrigation systems to function efficiently.
In other areas of plantings, a slope of up to a 2: 1 ratio, length to height, may be used if
acceptable to the public works director, upon review of a geotechnical/soils study submitted by
an applicant to ensure soil slope integrity ..
Figure 1 -FWRC 19.125.040(4)
( 4) All trash enclosures shall be screened from abutting properties and/or public rights-of-
way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen.
(5) Type III landscaping, defined in FWRC 19.125.050(3), shall be placed outside of sight-
obscuring fences abutting public rights-of-way and/or easements unless determined by the
director of community development that such arrangement would be detrimental to the stated
purpose of this article.
22
(6) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e.,
plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are
encouraged to include native Pacific Northwest and drought-tolerant plant materials for all
projects.
(7) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured
4.5 feet above the root ball or root structure.
(8) Evergreen trees shall be a minimum six feet in height (measured from tree top to the
ground) at the time of planting.
(9) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the
ground) at the time of planting based on the follpwing:
(a) Small shrubs -12 inches.
(b) Medium shrubs -18 inches.
( c) Large shrubs -24 inches.
(10) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to
result in total coverage of a landscaped area within three years.
(11) Areas planted with grass/lawn shall:
(a) Constitute no more than 75 percent oflandscaped areas, provided, there shall be an
exception for biofiltration swales; and
(b) Be a minimum of five feet wide at the smallest dimension.
(12) Grass and required landscaping areas shall contain at least four inches of topsoil at finish
grade.
(13) Existing clay or sandy soils shall be augmented with an organic supplement.
23
(14) Landscape areas shall be covered with at least two inches of mulch to minimize
evaporation where plant materials will cover and three inches of mulch over bare soil.
(15) In order to reduce irrigation requirements, design principles using xeriscape techniques
are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of
water necessary to maintain planted vegetation, species that are not drought tolerant should be
grouped together and have irrigation systems, and be separated from any other irrigation system
provided for drought-tolerant species.
(16) Mulch shall be used in conjunction with landscaping in all planting areas to meet
xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant
material. Mulches include organic materials such as wood chips and shredded bark.
Nonvegetative material shall not be an allowable substitute for plant material.
(17) All development shall comply with Ceity of Federal Way street tree requirements. (See
the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual.)
(18) Landscaping proposed to be located within or adjacent to utility easements shall be
reviewed by the respective utility agency(ies).
(19) Landscaping and fencing shall not violate the sight distance safety requirements at street
intersections and points of ingress/egress for the development.
(20) All tree types shall be spaced appropriate for the compatibility of the planting area and
the canopy and root characteristics of the tree.
(21) All permanent lawn or sod areas shall have permanent irrigation systems.
(22) Screening of blank building walls. Building walls which are uninterrupted by window,
door, or other architectural feature(s) listed in Chapter 19.115 FWRC, Community Design
Guidelines, FWRC 19. l 15.060(3)(b ), that are 240 square feet or greater in area, and not located
24
on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and
groundcover appropriate for the area proposed.
(23) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and
height of structures.
(24) All loading areas shall be fully screened from public right-of-way or nonindustrial/
manufacturing uses with Type I landscaping.
oJ J
STREET
Figure 2 -FWRC 19.125.040(23)
(25) Use of products made from post-consumer waste is encouraged whenever possible.
(26) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior
to planting of any shrubs, trees, or groundcovers.
(27) Landscaping shall not be required along interior lot lines within a development where
parking is being shared.
(28) Landscaping is not required along perimeter lot lines abutting rights-of-way where the
building is constructed so that the building's side(s) rest directly on the lot line and no required
yards apply can be provided pursuant to Division VI, Zoning Regulations. Landscaping along the
perimeter lot lines abutting rights-of-way shall be required pursuant to Division VI, Zoning
25
Regulations, where the building is constructed so that the building's side(s) do not rest directly
on the lot line.
Section 7. FWRC 19.125.170 is hereby amended to read as follows:
19.125.170 Commercial and industrial uses.
(1) Generally. Subject to process I and the following requirements, the commercial and
industrial uses that are permitted on a site under this title may be conducted out-of-doors unless
otherwise regulated or prohibited by this title.
(2) Site plan. The applicant shall submit, for approval to the department of community
development, a site plan drawn to scale showing and describing the following items:
(a) Locations and dimensions of all buildings, structures and fences on the subject property.
(b) Locations and dimensions of all parking and driving areas on the subject property.
( c) Locations and dimensions of all existing and proposed outdoor use, activity, or storage
areas and related buildings or structures on the subject property.
( d) Locations and description of all existing and proposed landscaping on the subject
property.
( e) The nature of the outdoor use, activity, storage area or related building or structure,
including a detailed description of all items proposed to be stored outdoors.
(f) The intended duration of the outdoor use, activity or storage.
(3) Specific use and development requirements. The city will administratively review and
either approve or deny any application for outdoor use, activity, or storage based on the
following standards:
(a) All outdoor use, activity and storage areas must comply with required buffers for the
primary use.
. 26
(b) A minimum six-foot-high solid screening fence, wall, or other appropriate architectural
screening, surrounded by five feet of Type I landscaping as defined by FWRC 19.125.050(1), or
combination of architectural and landscape features, approved by the director of community
development services is required around the outside edges of the area devoted to the outdoor use,
activity or storage area, unless determined by the director that such screening is not necessary
because the use or stored materials are not visually obtrusive. Proposed architectural and
landscape screening methods shall be consistent with Chapter 19.115 FWRC, Community
Design Guidelines, and Article I of this chapter (Landscaping).
( c) Outdoor use, activity or storage areas located adjoining residential zones or permitted
residential uses may not be located in the required yards adjoining the residential use or zone.
(d) The height ofuncontained items stored outdoors shall not exceed six feet above finished
grade, unless the director approves a different height limitation after considering the zoning of
the site and the surrounding properties and the extent to which the location or methods of
screening the items minimizes visibility from adjacent streets and properties, and the items are
not visually obtrusive and do not detract from the aesthetic quality of the overall development.
( e) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian
movement to, from and on the subject property.
(4) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities,
when located in commercial and industrial-commercial zones, are exempt from the requirement
of subsections (2) and (3) of this section; provided, that the use, activity or storage shall not
inhibit safe vehicular and pedestrian movement to, from and on the subject property:
(a) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year.
27
(b) Outdoor amusement rides, carnivals and circuses and parking lot sales which are
accessory to the indoor sale of the same goods and services if these uses will not operate more
than seven days in any six-month period.
( c) Outdoor dining and refreshment areas, including espresso carts.
( d) Outdoor display of vehicles for sale or lease; provided, that the display area complies
with all other applicable requirements of this chapter.
( e) Year-round outdoor sales and storage of lawn and garden stock, which are accessory to
the indoor sale of the same goods and services; provided, that the use does not include outdoor
play equipment, storage sheds, furniture or mechanical equipment.
(f) Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such
area is fully covered by a pedestrian-height awning, canopy, roof overhang, or similar feature,
that is permanently attached to the primary structure; and all of the following criteria are met: (i)
the area maintains a five-foot-wide unobstructed pedestrian pathway to the building entrance,
and in no way blocks any required ingress/egress; (ii) sale items are displayed only during
normal business hours; (iii) no coin-operated vending machines or similar items are displayed;
(iv) the area complies with subsections (3)(a), (c) and (e) of this section; and (v) the area
complies with all fire, building, and zoning requirements.
(5) Gross floor area. For the purpose of this title, an outdoor use, activity or storage area will
be used in calculating the gross floor area of a use or development if this area will be used for
outdoor use, activity or storage for at least two months out of every year, excluding the uses
listed under subsection (4) of this section and the following uses: temporary trailers, buildings
and structures listed in FWRC 19.275 . .J-.l.G-080; portable moving containers listed in FWRC
28
19.275.-1-20-090; and outdoor storage containers used to store emergency preparedness supplies
or related materials if approved under FWRC 19.125.180.
(6) Improvements. If the outdoor use, activity or storage is located on an unimproved area of
the site, the underlying ground must be improved as required by the departments of public works
and community development.
(7) Modification. The applicant may request a modification of the requirements of subsection
(3) of this section. This request will be reviewed and decided upon under process II. The city
may approve the modification if:
(a) The modification will not create a greater impact on any nearby residential use than
would be created without the modification.
(b) The modification will not detract from the character of any use.
( c) The modification will not be injurious to public health, safety or welfare.
Section 8. FWRC 19.125.180 is hereby amended to read as follows:
19.125.180 Regulation of outdoor storage containers for permanent accessory storage.
(1) Allowed uses and zones. If approved under this section, outdoor storage containers may
be used as permanent accessory storage in conjunction with any allowed principal use in any
nonresidential zone. In residential zones they may be used as permanent accessory storage only
in conjunction with institutional or quasi-public uses, and not with any other permitted use(s).
Outdoor storage container(s) may in no case be the principal structure or use of a property. Refer
to FWRC 19.275.-1-1-0-080 and 19.275.-1-20-090 for regulations related to the temporary use of
outdoor storage containers and portable moving containers in residential and nonresidential
zones.
29
(2) Review process. Requests to place accessory outdoor storage containers on a permanent
basis are subject to process I (director's approval), unless the container(s) is part of a
development project that requires a different review process, in which case it shall be reviewed
in conjunction with that project and process.
(3) Design criteria. Permanent outdoor storage containers are subject to FWRC
19 .125 .170(1) through (3) and ( 5) through (7), and the following criteria:
(a) Containers shall be placed to minimize visibility from surrounding streets, pedestrian
areas, and properties; and shall not be located between the principal building and front property
line.
(b) Containers shall not be stacked.
(c) Containers shall not be refrigerated, or used or designed to be used for office, sales, or
other habitable space.
(d) Containers shall be painted to match adjacent building(s) or improvements.
(e) No loose material shall be stacked on or near a container unless approved under all
applicable provisions of this chapter.
(f) Containers shall be screened in accordance with FWRC 19.125. l 70(3)(b). In reviewing
proposed screening methods, the director will consider the zoning of the site and surrounding
properties; location of the container and visibility from adjacent streets and properties; existing
and proposed landscaping; and the physical condition of the container; provided, that containers
located on or adjoining a residentially zoned property shall receive 100 percent sight-obscuring
screemng.
(g) The director may limit the number and/or size of containers on a site if necessary to
minimize visual or operational impacts to the site or surrounding properties.
30
(h) The director may waive or modify the screening and/or placement criteria of this section
as necessary to accommodate the storage of emergency preparedness supplies or other materials
related to the public health, safety, and welfare, when used in conjunction with institutional and
quasi-public uses.
Section 9. FWRC 19.135.100 is hereby amended to read as follows:
19.135.100 Exceptions.
The following provisions of this article shall apply:
(1) A vehicular access easement or tract (ingress/egress and utilities easement) may be
permitted subject to the conditions established in the Ceity of Federal Way public works
development standards.
(2) If the vehicular access easement or tract does not have adequate width for the installation
of the improvements required by this chapter, the public works director shall determine the
nature and extent of the improvements to be installed in the vehicular access easement or tract on
a case-by-case basis. At a miaifflllffi: the 11ehicular access easement or tract must ha,.1e a concrete
or asphalt surface at least 20 feet ln width. Pervious paving techniques may be used on private
roads where feasible, as authorized by the public works director and in accordance with FWRC
Title 16, Surface Water Management.
(3) Streetlights are required at the intersection of a vehicular access easement or tract and a
right-of-way, but not at any other location within the vehicular access easement or tract, unless
specifically required by the public works director.
(4) Notwithstanding any other provision in this chapter, vehicular access easements and
tracts must comply with applicable standards of the serving fire district.
31
Section 10. FWRC 19.135.130 is hereby amended to read as follows:
19.135.130 Construction standards and specifications.
( 1) Generally. The public works director shall prepare and make available for distribution
administrative standards and specifications for right-of-way construction and construction of
ingress/egress and utilities easements and alleys based on current and generally accepted
engineering practices. The standards shall include specifications and/or drawings for rights-of-
way cross-sections, safety railings and guardrails, appurtenances within the street, surfacing
requirements, illumination, trench backfill and restoration, drainage, utilities, construction
materials, survey monuments and other related construction elements.
(2) Current standards. The construction standards specified in the current edition of the
Federal Way Development Standards administered by the Department of Public Workscounty
road standafds will apply, e,rnept where indicated otherwise in FWR{; 19.135.140 tlu:ough
19.135.250. Where there afe conflicts, theFWRC sha:11 supersede Ki ng County standards. Where
no city standards exist to address a road situation, the King County Road Standards shall apply.
(3) Enforcement. The standards and specifications adopted or incorporated under this section
shall have the full force as if set forth in this title.
32
w w
Section 11. Chapter 19.195 FWRC is hereby amended to add section 19.195.080 to read as follows:
19.195.080 Micro-breweries, micro-distilleries, micro-wineries.
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
DIRECTIONS : FIRST, read down to find use. THEN, across for REGULATIONS.
Minimums
R ,ouired Yards ~ USE REGULATIONS Required Front Side Rear Lot Height Required
Review ~ Coverage .Qf Parking E
(each) Structure Spaces
~ ~ Process
SPECIAL REGULATIONS AND NOTES
Micro-breweries, micro-distilleries, Process 5 acres 30 ft. 30 ft. 30 ft . 10%not 35 ft. 3 parking 1. The streets and utilities serving the subject propertx must be able to
micro-wineries ill except on including above spaces for a §UpllQrl the tra:ffic and i;!emanij ggien11ed by the prQOQ§ed use or act ivitt,
existing fu! average tasting room, 2. As part of the approval of anx proposal under this section, the citx will
!!Q!!: P!imm building PM establish s~ific landscaping, ~ign and 11arki ng !ll!l!!i'!:!!!!;Jlts consistent
conformi residence, elevation I parking space with the approved use or activitt. In additio!!, the city max impose
ng lots or 6,000 for emploxee additional r!!Quired xard height, maximum lot coverage and other
&lL See Note parking, plus I dimensional and s ite d!<§ign rSQuiremen(;li IQ reduce o r climinaic an:t
whis;hever J garking sgace adverse effects of the approved use or activity.
is less for each 3,000 3. If any gortion of a structure on the subject groJl!,[!Y is within I 00 ft . of
sq . ft . of a low density use, then :
groduction area a The height of that structure shall not exceed 35 ft. above average
building elevation unless located in existing structures; and
b. The facade of that gortion of the structure garallel to the low densitx
use shall not exceed SQ fl. in length unles~ IQgted in an e:,dsting struCJ !ml,
4. Refer to Chagter 19.265 FWRC to determine what other provisions of
this cha11ter max aQQIX to the subject gropertx.
5. For sigQ requirements that aQQly to the groject, see Chapter 19.140
FWRC.
6. A tasting room within the micro-brewm, micro-distille!Y, or micro-
winm shall not exceed 1 000 ~uare feet.
7. On-site sales and tastin~ shall on!::,, occur between the hours of 12:00
11.m . and 7 :00 g.m .
8. The use shall be accesso!Y to an existing grim!!!)'. residential use.
9. The use shall obtain anx and all germits and licenses r!!9uired b::,, all
local, state, and federal agencies for the production and/or sale of
alcoholic beverages.
Process I, II III and IV are described in I I I Chapter 19.55 FWRC, For other information about garking and 11arking areas, see Chapter
Chapter 19 .60 FWRC, 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19 .70 FWRC res(l!,ftivelx. FQrdetailsofwhat ma::,, exce~ th is he ight li mil, see FWR!:;; 12.l lQ ,QSO et
~
For details regarding r!1Quired xards, see FWRC 19.125.160 et seq .
c.,.,
.i,,.
Section 12. FWRC 19.200.010 is hereby amended to read as follows:
19.200.010 Detached dwelling unit.
T.he following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS.
Minimums lz=I Required Yards
REGULATIONS
Required Lot Height Required
USE Review of Parking
Process Lot Size Coverage Structure Spaces
-u-~ Front Side Rear SPECIAL REGULATIONS AND NOTES
(each)
Detached dwelling unit None As See note 6 30 ft. 2 per I . Minimum lot size per dwelling unit is as follows:
establjshe In RS 35 .0 zones : above dwelling unit a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft .
don the average b. In RS 15 .0 zones, the minimum lot size is 15,000 sq. ft.
zoning building c. In RS 9 .6 zones, the minimwn lot size is 9,600 sq. ft .
map 20 ft . 10 ft . 10 ft. elevation d . In RS 7.2 zones, the minimum lot size is 7,200 sq . ft .
e. In RS 5 .0 zones, the minimum lot size is 5,000 sq . ft .
See note 2 . With the exception of CHDs, not more than one dwelling unit may be located
I Otherwise: on the subject property regardless of the size of the subject property.
3. Side yard setback is 5 feet. fer-a..€Comer lot side yard for that portion of the lot
Cottage housing development adjacent to the street is JO ft., elheFwise fiye ft .
(CHD) 20 ft See 5 ft. 4 . Chapter 19 .265 FWRC contains regulations regarding home occupations and
CHDs note3 1.8 per other accessories, facilities and activities associated with this use.
None if are not 60% 18 feet cottage, 2 per 5 . Refer to Chapter 19.265 FWRC to determine what other provisions of this title
See notes 2, 7, 8 and 9 processed permitted above CSFunit may apply to the subject property.
as a on lots 15 ft. 5 ft . 5 ft. average 6. Maximum lot coverage is as follows :
formal or less than building a. In RS 35 .0 = 50%.
short .75 acres elevation, b. In RS 15.0 = 50%.
subdivisi in size not to c. In RS 9.6 = 60%.
on, exceed d . In RS 7.2 = 60%.
otherwise Minimu 24 feet to e. In RS 5.0 = 60%.
Process m lot size top of f. See FWRC 19.110 .020(2)(b) for calculation of lot coverage for flag lots.
IV for ridge 7. CHDs are allowed in the RS 7 .2 and 5.0 zoning classifications.
individua 8. CHDs are permitted as a subdivision or short subdivision with each dwelling
I lots not unit on its own lot of record, or as a condominium development with all dwelling
establishe units owned separately but on an individual lot ofrecord.
d. See 9 . See Chapter 19 .250 FWRC for full range of development regulations
Chapter I applicable to CHDs. If provisions of this use zone chart conflict with provisions
9 .250FW of Chapter 19.250 FWRC, the provisions of Chapter 19.250 FWRC shall control.
RC for 10 . Refer to Chapter 19.125, Outdoors, Yards, and Landscaping, for appropriate
calculatio -requirements.
n of 11 . For sign requirements that apply to the project, see Chapter 19.140 FWRC .
density 12. For provisions that relate to the keeping of animals, see
Chapter 19.260 FWRC.
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Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19 .70 FWRC respectively.
For other information about parking and parlcing areas, see Chapter l 9 .130
FWRC.
For details of what may exceed this height limit, see FWRC 19.l l0.050 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
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Section 13 . Chapter 19.215 FWRC is hereby amended to add section 19.215.015 to read as follows:
19.2.15.015 Micro-breweries, micro-distilleries, and micro-wineries.
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
DfREC:TIONS: FIRST read down to find use. THEN across for RFGULATI ::>NS .
Minimums
R ~mired Yards ~ Required Height Required
USE REGULATIONS Review
Lot Size
Qf Parking N
Process Structure Spaces
.u. ~
Front Side Rear
(each) SPECIAL REGULATIONS AND NOTES
Micro-breweries, micro-distilleries, Process II or None Q_fi,_ Q_fi,_ Q_fi,_ The height 3 parking I. If a1111roved by the Director of ~mrnuni!)' Devel211men!, the height of a structurl}
micro-wineries with SEPA, ofan s11aces for a may exceed 35 fl . a!2Qve average building elevation (AABfil, IQ a max imum of 55 fl ,
Process III existing tasting t,ABE, wh ich shalt not exceed four flQQrs for new slrucrnrcs, i f all of the following
Exce11t 20 ft. along structure room, Qlus 1 criteria are met:
residential zones or 35 ft. 11arking {a} The rujditional height i.s necess!!O! 10 accommQ!ja te th~ strucl1!!J!I, !,gl!igmen!,
above sr,ace for or o~tional nC!lQJi of the use CQnducted in th!il bl!i!ding, and/or all ground flQQr
average employee SD!!CCS have a minimum flQQr -to-ceiling height of 13 fl and a minimum de11lh of IS
See note 6 building 11arking, fl,.;
elevation QIUS 2 (b) Height complies with note 2, below:
fAABE}to parking (cl Hs,ight over 35 fl. i§ ~!l! ~;;k from nQg-r!i§idenual ~l!!lli by one fl. for each
55 ft. s11aces for one fl. of height over 35 fl. with a 20 foot vard setback ai 55 fl height ; and
AABE, each 3,000 (d} RQQf lines are desill!!ed to avoid a Ql'.SiQOminantly Oat and fearurel~
which fil1JLQf a11oearance lhroyg!J v~riations in roofhe.ight, fQnns, angles, and materials.
shall not 11roduction 2 . Building heig!.Jt may not exceed 30 fl . AABE fQr new structures when located
exceed area within 100 ft. of a residential zone.
four floors J. Qutdoor us~ activity, and storage are r!ltlulated by FWRC 19.125 .1 70.
for new 4. No mMimum lot@verage i.s esta!;Jli~h~. lnstea!!, the ~uildable area ivill be
structures dete!!Ilined by other site develo11ment r~:rniremems, e.l!,, r!;Quired buffers, ~kine lot
landscaping, surface water facilities, etc.
See notes I 5. For cgmmunity gesi1m g!!idclines that rumly 10 lh.e J:![Oj~t, see Chapter 19.115
and2 FWRC.
6. For lan~Qing rsguiremea!li !hat amily 10 the p roject, see l:;!ll!Qter 19.125 FWRC.
7. For sign r!l9Uiremems that a12ply 10 the 11roject, see Cha11ter 19.}40 FWRC.
8. Refer to Cha11ter l 9.26~ FWR~ iQ dctc!J!]ine what o the r 11ro vi s ions 2f 1hi~ cha111er
may apply to the subject Qrope!lY and the 11roject.
Process I, II, III and IV are described in I I I
Cha11ter 19.55 FWRC, FQr Qther infonnation about Qarking and lli!rking areas.~ Cha111er 19.130 FWRC,
Cha11ter 19.60 FWRC,
Cha11ter 19.65 FWRC, For Qet ai ls of what may exceed this height limit, see FWRC I 9.110.050 et seq.
Chapler 19.70 FWRC res~ctively.
For details regarding rs;guired yards, see FWRC 19.125.160 et seg.
(.,.)
.......
Section 14 . Chapter 19.220 FWRC is hereby amended to add sections 19.220.015 and 19.220.115 to read as follows:
19.220.0lS Micro-breweries, micro-distilleries, and micro-wineries.
The foll o wing uses shall be permitted in the community busines s (BC) zone subject to the re gulati ons and no tes set fo rth in this sectio n:
U SE ZON E CHART
D lRECTIONS : FlRST, read down 10 fi nd use. THE~, across for REGULATIO NS.
Mi[!imum~
Reauired Yards ~ Required Height Required
USE REGULATIONS Review Lot Qf Parking C
Process Size Structure Spaces
~ ~
Front Side Rear
(each) SPECIAL REGULATIONS AND NOTES
Micro-breweries, micro-Process II None 0 ft. 0 ft. QJl The height of 3 !larking SI!aces I. lfm:mroved by lh~ Director QfQQmmunity Devel0I!meni.1!Je height Qfa strucrur1,
distilleries, micro-wineries or with an existing for a tasting may exs;:eed JS ft . above average building elevatiQn (AABE}, IQ a maximum of 55 fl .
SEPA, structure or room, Illus 1 AABE, which ~hall !lQ! exceed fQur 1l22rs for new structur~ ifall of the following
Process III Exc!mt 20 ft. along 35 ft. above !larking SI!ace for criteria are me!:
residential zones average eml!loyee {a} The additional heigh t is neeessaty to acc2mmQ!;!ate the structura l, !l9ui11ment, or
building !larking, Illus 2 QB!lrational n·eeds of the use CQt!dl!~ted in the burlding, and/or all ground flQQr SI!8Ces
elevation !larking SI!aces have.a minimum floor-to-ceili ngheight Qf 13 fl. an~ a l!)inimum deI!th Qf 15 ft .;
See note 6 {AABE) to for each 3,000 liQ. {b) Height coml!lies with note 2, below:
55 ft. AABE, ft. of I!roduction (cl Height 2ver JS n. i~ ~t !1ack frQm nQn-residentia l zones QY one fl. fQr each Qne ft ,
which shall ~ of height over 35 ft. with a 20 foot yard setback at 55 ft. height; and
!lOtexceed (d} RQQf lln~ are designed 10 avoid a I!redominanll:ic Oat and featureless alloearance
four floors through variations in roof height, forms, angles, and materials.
for new i. Building heigh t may not exceed 3Q fl AABE when localed within I 00 ft. Qf a
structures residential ZQne.
;l,. OutdQQr~ ac tivity, and storage are r!,g!,!la ted byFWRC 19.12~,170.
See notes 1 4. NQ maximum lot coverage is es1a b li~h!l4. Instead, the J1uildable area will ~
and 2 de1erm.ined bv other ~ite develQQment T!:QUi!J.lI!enl~ e.g., !:!lQUired bu.ffe(i 2arking lo t
landscal!ing, surface water facilities, etc.
5. FQ[ communi!,y desil!!l guidelin!:§ that a1111ly IQ the I!roie£!, ~ee Cha111er 19.115 FWRC .
6. FQr landsca2ing r!lQuiremen!l! lha1 alllllv to the 11rojec1, see !;;hallter 19.125 FWRC .
7. FQr sifil! rnguirements that w:mlv to 1be 11roject, ~ Cha!lter 1.2.140 FWRC.
8. Refer IQ Cha11ter 19 .2 6.5 FWRC IQ de termine whai other llrovisions of this cha!lter
may aI!I!lY to the subject I!rolli',rty and the I!roiect.
Prncess I, I!, !TI and IV are d~ribed in I I I
Chal!ter 19.55 FWRC, FQr other infQrmation abom !larking and ~king areas, see Cba121er 19.130 FWRC .
Chal!ter 19.60 FWRC,
Chal!ter 19.65 FWRC, For details of what mav exceed this heigh t limit, see FWRC 19.110.QSO et seq .
Chal!ter 19.70 FWRC resl!ectively.
For details regarding r!,guired yards, see FWRC 19 .125.160 et seg.
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19.220.115 Public utility.
The following uses shall be pennitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS : FIRST read down ro find use. THEN aero"" for REr.J TLA TIONS
Minirnums
Re.: uired Yards [1fJ Required Height Required
Review
Lot Size
Qf Parking C
USE REGULATIONS Process Structure Spaces Front Side Rear
-0-~
(each) SPECIAL REGULATIONS AND NOTES
Public utility Process II None 20 ft. 20 ft. 20 ft. 1iJ!,_ Determined I. If amiroved through 11rocess m, the heigh! Qf a structure mav exceed 35 ft.
above ~ above averag~ !;!uflding eli;~tlon, if all Qf the foll2wing ~teria are met :
Possible average by-case a. The subject 11ro~rty does not adjoin a residential zone; and
Process III See notes I and 7 building basis b. Each r1:9uired Yl!!d abutting: the st.ructure i~ increased one ft . for each one ft .
elevation the structure exceeds 35 ft. above average building elevation; and
Ss;s;note I c, Toe incr~~ height will nQt block view~ ~esirmated !2)! 1he comB~hensive
See notes I Blan; and
and2 d. The increased height is !..Qn~istent :iyil!! goals and BQlicies for the area Qf the
subject l)ro~rty as established by the comBrehensive Blan.
2. If any l)Ortion of a structure on the subject Br011ffiY is within I 00 ft. of a
residantial ~one Ihm thar 11QniQn of the struc ture shall not exceed JQ fl . a!:!Qve
average building elevatiQn and the structure shall be ser back a minimum Qf 20 ft .
from the Qro~!!V line of the residential zone.
3. Ma~ be ~itt~ on ly if l~tinst this~ jn rhe immediate area of the sul:!iect
llTO~fil is necess,!!Y to l)errnit effective service to the area to be served.
4. No maximum IQI CQverage is !l§tablished . Jngea!'.!, the !;iuildable,area IYill be
de1S1rmined by other site develol)m~t ~uiremems, i.e., r!l!]yired !;iuffers, 12arking
lot landscaning, surface water facilities, etc.
~-For communit:t desi!l!! gyidelines that amil:t'. 10 th e grQject, see Qhal)ter 12.11 5
FWRC .
6. For laodsca11ing r~uircments that aB11ly to the Brniecl, see !;:ha121e[ 19.125
FWRC.
7. For sign ~uimn~rs Thar all!llY to the 11roje~ see Qha111er 19.140 F\VRC .
8. Ref~r IQ ,h!Y1tCT 19 .265 FWRC !Q i;!eis;[!!!ine what Qlher grQvjsions of this
chanter mav annlv to the subiect nronertv.
Process I, II, Ill and IV are described in I I l_ For other information a!:!Qu1 l?!!rking and l!lY:king areas, see Qha)lter 12, IJO FWRC . ChaBter 19.55 FWRC,
Cha11ter 19.60 FWRC,
Chal)ter 19.65 FWRC, FQrdetails of what may exceed this height !imil, see FWRC 19.J IQ.05Q et seq .
Cha!!ter 19.70 FWRC res~tively.
For details regarding r!;guired yards, see FWRC 19.125.160 et seg.
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Section 15. Chapter 19.225 FWRC is hereby amended to add section 19.225.015 to read as follows:
19.225.015 Micro-breweries, micro-distilleries, and micro-wineries.
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:
USE ZONE CHART
DJRECTlONS: FIRST read dnwn to find use. THEN .across for REG ULAT IO N~
Minimumi
RMuired Yards ~ Required Height Required
USE REGULATIONS Review
Lot Size
Qf Parking C --Process Structure Spaces
~ ~
Front Side Rear
(each) SPECIAL REGULATIONS AND NOTES
Micro-breweri~ micro-Process II None Q.ft, 0 ft. 0 ft. 70 ft. or 3 parking 1. The ci1v may, using nmg§l! Ill, modif)'. reguired :i!!rd, hei ght, landsca~ ~!l" buffer and
distilleries, and micro-wineries Possible 95 ft. spaces for a other site design and dimensional rgiuiremen!:i for !! prooosed development th at meets 1he
Process Ill tasting following criteria:
See notes I and 3 See notes room, plus I ll· I!Je p[Oposed deve!opmem w ill 12!l ~n~istent wi th the adomed comprehensive i;?li\11
See note I 1 and2 parking policies for this zone: and
space for !;!. The grooosed devc!Qpment wi ll be consist~! ,rith app lica!;!le d~ign guidelines; and
employee c. The street, ut ilities, and other infrastruciure in the area are ad~uate to supgQn the
parking, progQsed development.
plus2 2. Bu ilding heieht may be increased from the permitted outright height or 70 fl . 10 95 !!. in
parking c~change for providing pul!licl y visible streetsca~ amenities, as defined in rwR!;;
spaces for 19.11 ~.04Q , along the right::Qf-way; the siting and d!l§il!!I or whi ch shall be &IJprQv!,!j by
each 3,000 the Director.
sq. ft. of ~-No more than a five-[001 building setback is ailowed ad jace!ll lO princimi.l ~~trian
production right(s}·of-wa:t, as dcte!lllined by the Director unless : it is !lTCCluded b;t exi,ll!ing site
~ imgrovemen1s, easements, IOPQgraphy, or ot!J !a ~i\e CO!!,'\traims, as determi!led b)'. the
Director: or IQ allow streetsca11e amenities, public on-site o~n SQl!ce, or other
architectwal elernent(s} or improvemen~ a11proved under !:;h!!Pter 12.1 I~ FWRC . The
minimum building setback along all ot!Jer 11roD1ertY lines is the same~ the Pl,rimeler
buffer as required by Challter 19.125 FWRC.
4. Required [llld;ing may be [educed under the IJfQvisions of FWRC 19.1 J0.020{3}(a}, (g),
(c}, and (d).
Process I, II, III and IV are described in I I L For o th er infonnation aJ22u t !larking and 11arki ng areas, see Chapter l 2.13Q FWR!:;. Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Cha1Jter 19 .65 FWRC, For details of what may exceed this heil!ht lim iL see FWRC 19.11 Q.05Q et seq .
Chapter 19.70 FWRC resP!l£tively.
For details regarding required yards, see FWRC 19.125.160 et seq.
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Section 16. Chapter 19.230 FWRC is hereby amended by adding section 19.230.015 to read as follows:
19.230.015 Micro-Breweries, micro-distilleries, and micro-wineries
The following uses shall be permitted in the city center frame (CC -F ) zon e subj ect to the regulatio ns and notes set forth .in this section:
USE ZONE CHART
DIRECTIONS : FIRST, read down to find use. THEN, a c ross for REGULATIONS .
Minimums
Reouired Yards ZONE
USE REGULATIONS
Required Height Required CC-F Review
Lot Size
.Qf Parking
Process Structure Spaces
-0. ~ Front Side Rear SPECIAL REGULATIONS AND NOTES
(each)
M icro-breweries, micro-distilleries, Process II None QJt_ QJt 0 ft . 60 ft. 3 parking I . The city m!!Y, using 11rocess II!, modify reguired yard, height, landsca~
and micro-wineries Possible above spaces for and l!uffer:, and other ~ite des Ill,!! and !iim!ill!sional reguirements for a
Proce ss III See Notes 1, 2, and 3 average a tasting proposed development that meets the following criteria:
building room, plus a. The propQsed development will be consistent with the adopted
See note 1 elevation I parking comprehensive plan policies for this zone; and
space for Q. The prooosed devel2pmen1 will ~ s;Q nsistent with applicable desill,!!
See notes employee guidelines: and
I and 3 parking, c. The street uti li ties and Qlhl':r infrastructure in the area are ad!lQuate 10
plus 2 support the proposed development.
parking 2. l:'.:!2 more than l! five-foo t building setba~k i~ allQwed adiacenl 10 princilJl!I
spaces for pedestrian right{s)-of-way, as detennined by the Director, unless: it is
each 3,000 11recluded b:z: existing ~it~ iJnprovements, casements, lQ[!Qfm!ph:z:, or o ther
sg. ft. of ~i te constrain~. ~ detennincd by the. Director; or IQ allow stree~£!!Q!;
groduction !Y!Jelliti~, public on-si\e QD!ln space, Qr QLh!l:I: architectural element(~ or
~ improvements approved under Chapter 19.115 FWRC. The minimum
l:!ullding setback along all Qlher pro~rt:z: lines is !he same as !he oerimetcr
buffer as r!,guired by Chapter 19 .125 FWRC.
~-Struciu~ Qn 12r2~ that adjQins a residential ~Q!l!. ~hall be set back a
' mi n imum or20 ft. from !he 12rQ~!:!Y li ne adjacent 10 a residential zone. The
heil!h! o[~tructu res ~hall nQl exceed 30. fi. al:!Qv!, average building e levaiiQ!l
when located between 2Q fl. and 40 n. from an adjacent ~id entially-zoncd
prQQ!l:!lY line, and ~all nQl exceed 40 fl. a)2Qve average l.lu jl!;Jing elevation
when located between 40 ft. and I 00 ft. from such pro(lerty line.
4. No ma.,imum lot covmge is estal.llil!hed. Instead, the buildal.lle !!tea will
~ detennined bv o ther site deveI012m!:.!!l ~uiremcnts, e.g,, [!lguired !;?u!Tc~
parking lot lands!,!!Iling, surface water racilities, etc.
S. For communil)'. d~ign guidelin~ !hat a12ply to th e projec!.see !;;hapter
19.115 FWRC.
6. For landscaping r~uiremems ihat aggly to the grojec!., see Qha121ec ! 9.125
lliK
7. For §i&!] rcguiremen!.,~ !hat appl)'. IQ the prQj!,l!;t, ~ee Chapter 12,140 FWRC.
8. Refer to Ch!!Qter 19.265 FWRC to detennine what other 11rovisions of !hi~
chapter may apply to the subject nro~t:z:.
2. R!:Q uired 11arking ma:z: ~ reduced under !he provisions Qf FWRC
19.130.020(3){al. Cb). fo).and {41
,I::>
I-'
Process !, II, III and IV are descnbed in
I Chapter 19 .55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC.
Ch!!l!ter 19.70 FWRC resll!<£1ively.
I L For other infonnation about Rarking and Rarking areas. seeQiaRter 19.130
FWRC .
For details o f what ma y exceed thi§ height lim it, see FWRC 19 .1 JO .Q 50 et
§m,
For details regarding r~uired yards, see FWRC 19.125.160 et seg.
""' N
Section 17. Chapter 19 .240 FWRC is hereby amended to add sections 19 .240.115 and 19 .240.125 to read as follows :
19.240.115 Micro-breweries, micro-distilleries, and micro-wineries.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS : FIRST, read down to find use. THEN, across for REGULATIONS .
Minimums
Rrnuired Yards ~ Required Height Required
USE REGULATIONS Review of Parking
Lot Size
E --Process Structure Spaces
,U ==> Front ~ Rear
(each) SPECIAL REGULATIONS AND NOTES
Micro-breweries, micro-distilleries, ~ None li See note§ I and 2 40 ft. 3 parking I . Minimum si!le and rear yards shall be 20 ft. a!Qng residential zon~ and I Q ft .
and micro-wineries or w ith above spaces for al Qng all other zones; except 5 ft . side and rear vards for a restaurant ~Q!;iated
SEPA, average a tasting with the tasting room.
Process III building room, plus 2 . If approved by the Director of Community Development, the height of a
elevation I parking stru~ture mav exceed 4Q ft , above average building elevatiQ!I {AAB E}, 10 a
/AABE). space for maximum of 55 ft. AABE, which shall not exceed four floors for new structures,
to 55 ft. employee if all Qfthe fQllow ing crit~a are !!let : {a} The increased height is n=!Y to
AABE, parking. accommodate the structural, equipment, or ouerational needs of the use
which plus 2 conducted in th~ buildiog, and/or all gmund {Joor spaces have a minimwn !]QQ r-
shall not uarking IQ::!,;ei)ing height of 13 ft . and a minimum d!!llllh of 15 fl ; Cl:!} Height co m12li ~
exceed spaces for with note 3; (c} Hei ght over 40 ft . is set back from non -residen.tial ~nes by one
fou r floors each 3,000 additional ft . fQr each on!:; fl. o f h eigh1 over 40 ft .; and (g} ~flincs arc
for new sq. ft. of desi gned to avQid a 12redQminantly flat and featureless !illoearance 1hrough
structures production variations in roof height, forms, angles, and materials.
~ J. Building height mav no! exc eed 30 ft . AABE when located within JQQ fi , ofa
See notes 2 residential zone.
and3 4. The subject uro~rty must be desi@ed so that truck parking, loading. and
maneuvering areas; areas where noise generating outdoor uses and ac1ivi(i !l1l may
otcur; and ven ts and ~imilar features are locat~ i!J! far as llQSSi!;!le from ~y
residential 7&ne, conforming residential u~ naiural mtem~ and 12ublic rig!)~-
of-way.
5. No max imum !Qt !.Q~[l!ge 8(!1llies . Instead, the buildable area will ll!l
determined by other si.te develoument n;gulations, e .g., regufred ~rds,
landscaping, surface water facilities, etc.
6. FQr regyl~ti Qn~ l!!lrtaining to QUtdQQr ~. activity and ~tQrag~ see FWRC
19.125.170 .
7 . For communi1y design gu idelines that apuly lQ the 12ro ject, see Cha12ter I 9.115
FWRC.
~-For landsca12ing r!l9u iremen1s that a1212ly IQ the 12roiec1., see Cha121er 12.125
FWRC.
9 . For ~ign r~uir!,J!!ents that ap12ly to the 12rojec1, see Chal!lcr 19.140 FWRC.
I 0 . For other 12rov isions of this chauter thal may a1212Jy tQ 1he subject 12ro~.
see Chapter 19 .265 FWRC.
,i:,.
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Process I, )1 III and IV are described in I Chapter 19.55 FWRC.
Chapter 19.60 FWRC.
Chapter 19.65 FWRC.
Chapter 19.70 FWRC respectively.
I [__ FQ[ other informal ion about ~king and i;!;!Tking ar~ see Cha111er 19.130
FWRC.
For details of what may exceed this height limit see FWRC 19.110.050 et seq .
For details re~ding r~uired ym:ds, see FWRC 19.125.160 et seq.
""' ""'
19.240.125 Public utilitv.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS.
Minimums
R ,auired Yards ~ Required Height Required
USE REGULATION Review Qf Parking E
Process Lot Size Structure Spaces
Front Side &i!r ~ ~ --
---(each} SPECIAL REGULATIONS AND NOTES
Public utility Process II None 20 ft. 20 ft . 20 ft . 35 ft. Detennin I. If a1211rovcd thr2ugh QfQ£CSS m, the height g_f a structure may exceed 35 fl. a!l:Qve average
above ed on a building elevation, if all of the following criteria are met:
Possible average case-by-a. The subject QrDQerty does not adjoin a residential zone; and
Process III See notes I and 7 building case basis !;!. E,lch required Yfild abutting the ~tructure is increased 2ne ft. for each g_ne ft . the
elevation structure exceeds 35 ft. above average building elevation; and
See note I c. The increased height will not block views designated by the <:OmQrl:!Je!l§jve Qian; and
See notes d. The increased height i~ con~i~tent with goals and I!Qlicics for the area of the subj~!
I and2 QrDQerty as established by the comprehensive Qian.
2, lfan:i: !lQl1iQn Qfa.~truc tureg_n the~y!;!i~t nm~:i: i~ withia 100 ft. ofa r§ldeotial zoos;.
then that I!Qrtion of thestrncture shall not exceed 30 ft. a!lQve average building elevation and
the ~t!l!Cture shall be .set back a minimum g_f2Q fl. from the !l!llllSI!Y line Qf the residential
zone.
J, May be Q!,nnitted only if l~at ing this ~ in the imm~iate area of the su2ject QroJl!l!r,! is
nece~ to Q!,!!!!it effective service to the area to be served.
4. If determined neces~ to mitigate visual and nQise 1m11acts to ~urround Qto~nies, the ciiY
may r!:Qu ire additiQnal lanru;C!llling Qr buffers Qn a case,2y-case basis.
5. No maximum lot cg_veragei~ !l§!BQli~hed. lnstea!!, the builda!;>le area will !;!e detgmi!!ed 2Y
other site dev;IQQment rml!.i[C[!l!,n ts, i.e., r!;Quired buffers, Q!!rking lot landscaging, surfilce
water facilities, etc.
~. FQr ~!l!!Il!![!ity desi!l!! 8.l!id!lli!!CS that amil)! to the grojec!,, ~ee Cha121er 12.1 I~ rn(BC .
7. For landscaging r!lguire!!J!l!!IS tb~t a1mly to the groject, see ChaQter 19.125 FWRC.
8. For sign reguirements that agnly tQ the QrQj~, ~ei: QhaQter 19.140 FWRC.
2-Refer to Chagter 19.265 FWRC to detell!line what o!h!lr 11rovisions of1his chaQter may
a1mly to the subject QfOQerty.
Process I, II, III and IV are described in I I L FQr other infonnation about Qarkin.g and garking a~ see Cha11ter 19. ! ~O FWRQ. ChaQter I 9.55 FWRC,
ChaQter 19 .60 FWRC,
ChaQter 19.65 FWRC, Pordeta ils g_fwhat may exceed this heigh! limit. seefWRC 19.l !0.0SQ et seq.
ChaQter 19.70 FWRC resQectively.
For details regarding r!,guired yards, see FWRC 19.125.160 et seg.
Section 18. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity 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 affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Sectionl 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 20. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 21. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this ____ day of
2017. --------~
[Signature Page Follows]
45
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, -CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
46
COUNCIL MEETING DATE: February 20, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: West Hylebos Creek S. 373rd St. Gravel Removal Project-85% Design Status Report
and Authorization to Bid
POLICY QUESTION:
Should the City Council authorize staff to bid the West Hylebos Creek S. 373rd St. Gravel Removal Project and
return to LUTC and Council for bid award, further reports and authorization?
COMMITTEE: Land Use Transportation Committee
CATEGORY:
[2J Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: .. Fei_Tang, P.E.,_SWM .P ro·ect E n ineer
Attachments: LUTC Memo dated February 5, 2018
Options Considered:
MEETING DATE: February 5, 2018
D Public Hearing
D Other
/I_-DEPT: Public Works
.... ,_r=__,_1 __ """""""""""""'-·-____ ,,, __
1. Authorize staff to bid the West Hylebos Creek S. 373rd St. Gravel Removal Project and return to LUTC and
Council to award the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid the West Hylebos Creek S. 373rd St. Gravel Removal Project and provide
direction to Staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the February 20, 2018 Council
Consent Agenda for appr I.
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 20, 2018 consent agenda for
approval.
Mark Koppang, Committee Chair Jesse Johnson, Committee
Member
Hoang Tran, Committee
Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the West Hylebos Creek S. 373rd St. Gravel
Removal Project and return to LUTC and Council to award the project to the lowest responsive, responsible
bidder."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTlON
0 MOVED TO SECOND READING (ordinances only)
REVISED -12/2017
47
COUNCIL BILL#
15T reading
Enactment reading
ORDINANCE#
RESOLUTlON #
DATE:
TO:
VIA:
FROM:
February 5, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use/ Transportation Committee
SUBJECT:
Jim Ferrell, Mayor ~ /
Marwan Salloum, P.E., Public Works Director ~
Fei Tang, P.E., SWMProject Engineer fl--(
West Hylebos Creek S 373rd Street Gravel Removal Project-85% Design Status Report
and Authorization to Bid
BACKGROUND:
This project will will remove approximately 100 cubic yards of gravel from a small branch of the West
Hylebos Creek in order to restore stream flow, protect existing bridge (commonly referred to as the 'old
bridge'), and allow inspection and potential maintenance of the bridge.
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is approximately 85% complete, which includes the following completed tasks:
• Washington Department of Fish and Wildlife Hydraulic Project Approval (HPA).
• Army Corps of Engineer (ACOE) Section 404 permit waiver
• Critical areas exemption approval
• SEP A approval
• Project design plan, specifications and cost estimate (PS&E) -85%
Ongoing tasks include:
• Apply for Right of Way permit
• Final PS&E
• Project design to 100%
PROJECT ESTIMATED EXPENDITURES:
In House Design $0
2018 Construction $65 ,500
12% Construction Contingency $7 ,860
Construction Management $0
Total Pro_ject Costs $73,360
AVAILABLE FUNDING:
SWMFund $75,000
Total Available Bud et $75,000
cc: Project File
48
COUNCIL MEETING DATE: February 20, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LAKOTA PARK STORMWATER FACILITY REPAIR PROJECT-85% DESIGN STATUS REPORT AND
AUTHORIZATION TO BID
POLICY QUESTION:
Should City Council authorize staff to bid Lakota Park StolTilwater Facility Repair project and return to LUTC and
Council for bid award, further reports and authorization?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
IZJ Consent
D City Council Business
D Ordinance
D Resolution
MEETING DATE: February 5, 2018
D
D
Public Hearing
Other
STAFF REPORT BY: Fei Tang, P.E . SWM Project Engineer F,. DEPT: Public Works •
Attachments: Staff Report
Land Use and Transportation Committee Memorandum dated February 5, 2018
Options Considered:
1. Authorize staff to bid Lakota Park Stormwater Facility Repair project and return to LUTC and Council to award
the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid Lakota Park Stormwater Facility Repair project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the February 20, 2018 City
Council consent agenda for approval.
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 20, 2018 consent agenda for
approval.
Mark Koppang, Committee Chair Jesse Johnson, Committee
Member
Hoang Tran, Committee
Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to bid Lakota Park Stormwater Facility Repair project
and return to LUTC and Council to award the project to the lowest responsive, responsible bidder."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVLSED-12/2017
49
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
February 5, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use/ Transportation Committee
Jim Ferrell, Mayor \ \ ,
Marwan Salloum, P.E., Public Works Director ~
Fei Tang, P .E., SWM Project Engineer ;:: (·
SUBJECT: Lakota Park Stormwater Facility RepaiT' Project -85% Design Status Report and
Authorization to Bid
BACKGROUND:
This project will rebuild the berm that forms a boundary between Lakota Park and Lakota Wetlands to its
design height and replace approximately 4 70 linear feet of an 18-inch diameter pipe downstream of the
control structure that regulates detention within the wetlands area.
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is approximately 85% complete, which includes the following completed tasks:
• Wetland delineation
• Geotechnical exploration
• Installation of a piezometer for groundwater level monitoring
• SEPA Checklist and land use application
• Project design plan, specifications and cost estimate (PS&E) -85%
Ongoing tasks include:
• Apply for construction site NPDES permit if required
• Apply for Right of Way permit
• Final PS&E
• Project PS&E to l 00%
PROJECT ESTIMATED EXPENDITURES:
Consultant Assistance Services $70,000
In House Design $25,000
2018 Construction $434,000
10% Construction Contingency $43,400
Construction Management $6,600
Total Project Costs $579,000
AVAILABLE FUNDING:
2017 KCFCD Flood Reduction Grant $250,000
2016 SWMCIP $ 56,000
2017 SWM CIP Available Budget $ 53,000
20 l 8 SWM CIP Available Budget $220,000
Total Available Bud2et $579,000
cc: Project File
50
COUNCIL MEETING DATE: February 20, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MILITARY RDS ANDS 298TH STREET COMPACT ROUNDABOUT PROJECT -85%
DESIGN STATUS REPORT
POLICY QUESTION:
Should Council authorize staff to proceed with the design of the Military Rd S and S 298th Street Compact
Roundabout Project and return to LUTC and Council at the 100% Design Report for further authorization?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
~ Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: Erik Preston, P .E., Senior Traffic Engineer
MEETING DATE: February 5, 2018
D
D
Public Hearing
Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated February 5, 2018
Options Considered:
1. Authorize staff to proceed with the design of the Military Rd S and S 298th Street Compact Roundabout Project
and return to LUTC and Council at the 100% Design Report for further authorization.
2 . Do not authorize staff to proceed with the design of this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the February 20, 2018 City
Council consent agenda for approval.
COMMITTEE RECOMMENDATION: I move to fo,-ward Option 1 to the February 20, 2018 consent agenda for
approval.
Mark Koppang, Committee Chair Jesse Johnson, Committee
Member
Hoang Tran, Committee
Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Military Rd Sand S
298th Street Compact Roundabout Project and return to LUTC and Council at the 100% Design Report for
further authorization.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
51
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 5, 2018
TO: Land Use and Transportation Committee
VIA:
FROM:
Jim Ferrell, Mayor ~
Marwan Salloum, P.E., Public Works Director
Erik Preston, P .E., Senior Traffic Engineer
SUBJECT: Military Rd S & S 298th St Compact Roundabout Project -85% Design Status Report
BACKGROUND:
This Project will construct a compact roundabout at the intersection of Military Rd S and S 298th St. This
project requires right-of-way acquisition from only one parcel.
The following provides a brief synopsis of the progress on this project to date. Currently, the project design is
approximately 85% complete, which includes the following completed tasks:
• Topographical Survey and Utility Mapping
• NEPA/SEP A Document Preparation, Submittal, and Approval
• Right of Way research and calculations
• Project Design to 85%
• Final Traffic Analysis Report
• Final Illumination Design Report
• Surface Water Technical Memo
• Right-Of-Way Plans and Figures
Ongoing Tasks Include:
• Geotechnical Exploration
• Final Contract Specifications
• Project Design to 100%
• Right of Way Acquisition
PROJECT ESTIMATED EXPENDITURES:
Consultant Design
Right of Way
Construction Cost
10% Construction Contingency
Construction Management (in house)
TOT AL PROJECT COSTS
AV ARABLE FUNDING:
Budgeted City Funds
WSDOT Safety Grant
TOT AL AVAILABLE BUDGET
$124,000
$15,000
$604,000
$60,400
$0
$803,400
$80,344
$723,092
$803,436
As we finalize the project design, the total project costs will be refined and presented to the Committee and
Council at the 100% Design Report for further authorization.
52
COUNCIL MEETING DATE: February 20, 2018
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#:
SUBJECT: RESOLUTION: SETTING PUBLIC HEARING DATE FOR THE STREET VACATION OF A PORTION OF
SW 300TH STREET
POLICY QUESTION: Should City Council approve a resolution to set a Public Hearing for the street vacation of a
portion of the right of way within SW 3001h Street on February 20, 2018?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 5, 2018
CATEGORY:
D Consent D Ordinance D Public Hearing
D City Council Business IZ! Resolution D Other
STAFF REPORT BY: John Mulkey, P.E. Street Systems Project En ineer DEPT: Public Works ·-----------
Attachments: Land Use and Transportation Committee memorandum
Resolution
Options Considered:
1. Approval of the Resolution to set the date of a public hearing for the street vacation of a portion of the
right of way within SW 300th Street at the March 20, 2018 City Council meeting at 7:00 p.m.
2. Set Public Hearing on an alternative date recommended by the committee.
3. Do not Approve the Resolution to set the date and time of the public hearing and provide direction to
staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the February 20, 2018 City Council
Consent Agenda for appr 1.
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the February 20, 2018 consent
agenda for approval.
Mark Koppang , Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
53
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 5, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use / Transportation Committee
Jim Ferrell, Mayor • \ ~ __.-,,
Marwan Salloum, P.E., Public Works Director~
John Mulkey, P. E., Street Systems Project Engineer 5 (l, M.
Setting Public Hearing Date for the Street Vacation of a portion of SW 30(/h Street
BACKGROUND:
Property owners O'Brien & Eason have petitioned the City to vacate SW 300th Street, located between
8th Ave SW and 9th Ave SW. See the accompanying vicinity map and color coded map for exact location.
The area proposed for vacation is approximately 300 feet long and 60 feet wide and adjacent to three
properties. The existing Right-of-Way in this area is 60 feet wide by 300 feet long and this width extends
from 8th Ave SW and 9th Ave SW. The properties are zoned Residential 15. The area is listed as single
family, medium density in the Comprehensive Plan. The planned street section for SW 3001h Street, is
Section "V" (attached) in the City Development Standards, which calls for a 56-foot Right-of-Way.
Petitioner is seeking the street vacation in order to maintain the overgrown vegetation. The area to be
vacated has three (3) abutting private property owners. Two of the three property owners have signed the
petition. Two of the properties currently use the Right-of-Way to access their property. One driveway is
paved, the other is gravel.
Attachments : vicinity map
Color coded map
Street Section "V"
cc: Project File
54
City of
Federal Way
6
N
SW300lh St
SW 300th Street Vicinty Map
Proposed Right of Way Vacation
~'<y
~Q ,
"' SW 31 !!t
SW3201h St
i ff)
,>c !I
Detail Map
i
,.
'
' i !
Map Date 9/22/2017
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
253.835 .7000
www.cityoffederalway.com
S 3041h St
S 312th St
I
i
I
I
I
This map is intended for use as a graphical representation.
The City of Federal Way makes no warranty as to its accuracy. ,
55
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LOCAL
57
REV: FEBRUARY 2008
DWG.NO.
3-2V
RESOLUTION NO. __
A RESOLUTION of the City of Federal Way, Washington, regarding
vacation of a portion of SW 300th Street, setting a Public Hearing for the
Street Vacation.
WHEREAS, a proper petition has been filed requesting vacation of a portion of SW 300th
Street, between 8th Avenue SW and 9th Avenue SW, in the City of Federal Way, as depicted on
Exhibit "A" attached hereto; and
WHEREAS, the petition contains the signatures of the owners of at least two-thirds of the
property abutting the portion of SW 300th Street, between 8th Avenue SW and 9th Avenue SW
proposed to be vacated.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular
meeting of the Federal Way City Council at 7 :00 p.m. on March 20, 2018, in the Council Chambers
in the City Hall, 33325 8th Avenue South, Federal Way, Washington. Said hearing date is not more
than sixty (60) nor less than twenty (20) days after the date of the passage of this resolution.
Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and cause
the notice to be posted as provided by law.
Section 3. The Public Works Director shall obtain the necessary approval or rejection of, or
other information from the City departments, affected agencies, utilities, and fire and police agencies,
and shall transmit such information to the City Council so that the matter can be considered by the
City Council at the public hearing on March 20, 2018.
Resolution No. 18-__
58
Page 1 of 4
Rev 6/17
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this ___ day of _______ _, 20_
Resolution No. 18-__
59
Page2of4
Rev 6/17
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RY AN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 18-__
60
Page3 of4
Rev 6/17
City of
Federal Way
i\
N
Resolution No. 18-__
EXHIBIT "A"
SW 300th Street Vicinty Map
Proposed Right of Way Vacation
·--~~ T~
~L
I
I
~
(
·-(
-(
Map Date 9/22/2017
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
253.835.7000
www.cityoffederalway.com
UHfflSI _
This map is Intended for use as a graphical representation.
The City of Federal Way makes no warranty as to its accuracy.
61
Page4 of4
Rev 6/17
This page left blank intentionally.
62
COUNCIL MEETING DATE: February 20, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: MCIMETRO ACCESS TRANSMISSION SERVICES CORP. DBA VERIZON ACCESS
TRANSMISSION SERVICES FRANCHISE
POLICY QUESTION: Should the City grant MCimetro Access Transmission Services Corp. DBA Verizon Access
Transmission Services a Franchise to construct, maintain, operate, replace, and repair a telecommunications
network within and through the City of Federal Way?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
D Consent ISi Ordinance
D City Council Business D Resolution
STAFF REPORT BY~esiree Winkler, Deputy Public Works Director
Attachments: Staff Report
Ordinance
Options Considered: .
MEETING DATE: February 5, 2018
D Public Hearing
D Other
DEPT: Public Works
1 . Approve the Ordinance and forward to the February 20, 2018 City Council meeting for first reading.
2. Modify the Ordinance and forward to the February 20, 2018 City Council meeting for first reading.
3. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 20, 2018 City Council
Ordinance Agenda for first reading.
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed MC!metro Access Transmission Services Corp .
DBA Verizon Access Transmission Services Franchise ordinance to First Reading on February 20, 2018.
Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (FEBRUARY 20, 2018): "/ move to forward approval of the MC!metro Access
Transmission Services Corp. DBA Verizon Access Transmission Services Franchise ordinance to the March 6, 2018
Council Meeting for enactment."
SECOND READING OF ORDINANCE (MARCH 6, 2018): "/ move approval of the proposed MC/metro Access
Transmission Services Corp. DBA Verizon Access Transmission Services Franchise ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
63
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE: February 5, 2018
CITY OF FEDERAL WAY
MEMORANDUM
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor . ~... ~
Marwan Salloum, P.E., Public Works Director~
FROM: (w'D esiree Winkler, P.E. Deputy Public Works Director/ Street System Manager
SUBJECT: MCimetro Access Transmission Services Corp. DBA Verizon Access Transmission
Services -Franchise Ordinance
BACKGROUND
MCimetro Access Transmission Services Corp. OBA Verizon Access Transmission Services
(herein referred to as "Verizon Access") requested a franchise from the City of Federal Way in
order to install, operate and maintain a telecommunications network within and through the City
of Federal Way. The purpose of this network is to provide fiber optic cable backhaul that may
serve future small cell installations. The franchise area is all the rights-of-way within the City of
Federal Way. At this time, there have been no specific project plans submitted for review.
The term of this Franchise is for a period of ten (10) years commencing on the effective date of
this Franchise consistent with franchises the City has granted to other utility providers.
Verizon Access has agreed to pay the administrative expenses incurred by the City that are
directly related to preparing and approving this Franchise. These administrative expenses will be
offset by the $5,000.00 franchise fee application deposit.
Verizon Access will maintain insurance of $5 Million combined single limit for commercial
general liability and $5 Million for automobile insurance. In addition, Verizon Access shall
furnish a Performance Bond in an amount of 120 percent (120%) of the value of work performed
and it shall remain in full effect until the work is completed and accepted including full
restoration and delivery of as-builts. Verizon Access shall furnish a two (2) year maintenance
bond equal to ten percent (10%) of the documented final construction cost. All Verizon Access
work is guaranteed for a period of ten (10) years.
cc. Mark Orthmann
Day File
64
An Ordinance of the City of Federal Way, Washington, granting
MCimetro Access Transmission Services Corp. DBA Verizon
Access Transmission Services, a nonexclusive franchise to occupy
rights-of-way of the City of Federal Way, Washington, within the
specified franchise area for the purposes of constructing,
maintaining, operating, replacing, and repairing a
telecommunications network within and through the City of
Federal Way.
WHEREAS, MCimetro Access Transmission Services Corp. DBA Verizon Access
Transmission Services has requested a franchise from the City of Federal Way, in order to locate a
telecommunications network within the rights-of-way; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise, which will specify the rights and duties ofMClmetro Access Transmission Services
Corp. DBA Verizon Access Transmission Services; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires,
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law and specifically
reserves its right to adopt further regulations under its police powers;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
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Ordinance No. 18-65 Page I of 37
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
1.4 "Facilities" means one or more elements of Franchisee's telecommunications
network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other
necessary appurtenances; provided that new utility poles for overhead wires or cabling are
specifically excluded unless otherwise specifically approved by the City. For the purposes of this
Franchise the term Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities,"
all as defined by RCW 80.36.3 7 5, and "macrocell" facilities, including towers and new base stations
and other similar facilities used for the provision of "personal wireless services" as defined by RCW
80.36.375.
1.5 "Franchise Area" means the rights-of-way of the City.
1.6 "Franchisee" means MCirnetro Access Transmission Services Corp. OBA Verizon
Access Transmission Services, and its respective successors and assigns if consented to by the City
of Federal Way as provided in Section 24 herein.
1. 7 "FWRC" means the Federal Way Revised Code.
1.8 "Rights-of-Way" means land acquired or dedicated for public roads and streets, but
does not include: (a) State highways; (b) Road dedicated for roads, streets, and highways not opened
and not improved for motor vehicle use by the public; ( c) Structures including poles and conduits
located within the right-of-way; (d) Federally granted trust lands or forest board trust lands; (e) lands
owned or managed by the state parks and recreation commission; (f) federally granted railroad rights-
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Ordinance No. 18-66 Page 2 of37
of-way acquired under 43 U.S.C. § 912 and related provisions of federal law that are not open for
vehicular use; or (g) leasehold or city owned property to which the city holds fee title or other title
and which is utilized for park, utility, or a governmental or proprietary use and not primarily for road,
street, or highway use.
1.9 "Services" means telephone service (as such term is defined in RCW 82.16.010),
internet access, private line, cell network front-and backhaul and leasing of Franchisee's
telecommunications Facilities to third parties.
Section 2. Grant/ Acceptance
2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to
enter upon the Franchise Area for the limited purpose of constructing, excavating, installing,
maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is
specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee.
Nothing contained within this Franchise shall be construed to grant or convey any right, title, or
interest in the Rights-of-Way of the City to Franchisee other than for the purpose of providing the
Services, nor to subordinate the primary use of the Right-of-Way as a public thoroughfare. If
Franchisee desires to expand the services provided within the City, it shall provide written
notification of the addition of such services prior to the addition of the service; provided, however,
that Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6) or wireless
communications facilities, including but not limited to small cell facilities and other personal
wireless services, without obtaining a new franchise or an amendment to this Franchise approved by
the Council.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
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Ordinance No. 18-__ 67 Page 3 of 37
within thirty (30) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions. In addition, Franchisee shall submit
proof of insurance obtained and additional insured endorsement pursuant to Section 22. The
administrative fee pursuant to Section 20 is due within thirty (30) days of receipt of the invoice from
the City.
Section 3. City Property/Non-Exclusive Franchise
3 .1 City Property. This Franchise does not and shall not convey any right to Franchisee to
install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of
any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use
any City-owned or leased property within the Franchise Area other than the Rights-of-Way.
3.2 Non-Exclusive Franchise. This Franchise is not an exclusive Franchise and shall not
be construed to in any manner prohibit the City from granting other and further Franchises in, under,
over, upon, and along the Franchise Area, nor from exercising such other powers and authorities
granted to the City by the Washington State Constitution and general law, including the City's right
to adopt future regulations under its police powers. Such Franchise shall in no way prevent or
prohibit the City from using any of said roads, streets, or other public properties or affect its
jurisdiction over them or any part of them, and the City shall retain power to make all necessary
changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the
City may deem fit, including the dedication, establishment, maintenance, and improvement of all
new Rights-of-Way, thoroughfares and other public properties of every type and description.
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Ordinance No. 18-__ 68 Page 4 of37
Section 4.
Subject to Franchisee filing its acceptance pursuant to Section 2.2 , the term of this Franchise
shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless
terminated earlier pursuant to this Franchise or other applicable law.
Section 5. Location of Facilities
5.1 Lo cation. The Facilities permitted by this Franchise shall be installed underground,
except as approved per the variance procedures established in Section 11.05.080 of the FWRC. The
location of the Facilities, their depths below surface of ground or grade of a right-of-way, and any
related existing equipment to which the Facilities are connected shall be depicted on a map and
submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request
of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the
system. Any such map ( or update thereof) so submitted shall be for informational purposes only and
shall not obligate Franchisee to undertake any specific improvements, nor shall such map be
construed as a proposal to undertake any specific improvements.
5.2 WSDOT. To the extent that any Rights-of-Way within the Franchise Area are part of
the state highway system ("State Highways") are considered managed access by the City and are
governed by the provisions of Chapter 4 7.24 RCW and applicable Washington State Department of
Transportation ("WSDOT") regulations, Franchisee shall comply fully with said requirements in
addition to local ordinances and other applicable regulations. Without limitation of the foregoing,
Franchisee specifically agrees that:
A. Any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
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Ordinance No. 18-__ 69 Page 5 of 37
B. Any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired, and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
C. Without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
5.3 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Section 5.1 above in
digital GIS format, showing the location of its Facilities within the Franchise Area.
5.4 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City of
Federal Way's request, provide the location of Franchisee's underground Facilities within the
Franchise Area by either field markings or by locating the Facilities on the City's design drawings,
and shall provide all other reasonable cooperation and assistance to the City.
5.5 One Call Locator Service. Prior to doing any work in the Franchise Area, the
Franchisee shall follow established procedures, including contacting the Utility Notification Center
in Washington and comply with all applicable State statutes regarding the One Call Locator Service
pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee
shall locate its Facilities consistent with the requirements of Chapter 19 .122 RCW. The City shall not
be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's
customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed
time limits and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
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Ordinance No. 18-__
70
Page 6 of37
Section 6. Noninterference of Facilities
6.1 Maintenance of Facilities. Franchisee agrees to maintain its Facilities and perform any
and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free
passage of traffic; (2) in accordance with the laws of the State of Washington and City Code
requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter
amended; and (3) as required by the Director. This requirement applies whether the work is
performed by the Franchisee, its agents, employees, subcontractors, or other third parties at
Franchisee's direction.
6.2 Interference with Use of the Streets. When installing, locating, laying, or maintaining
Facilities, apparatus, or improvement, Franchisee shall not interfere with the use of any street to any
greater extent than is necessary, and shall leave the surface of any such street in as good condition as
it was prior to performance by Franchisee of such work. Any Facility, apparatus, or improvement
shall be laid, installed, located, or maintained in conformance with instructions given by, and to the
satisfaction of the City. In any event, Franchisee shall, at its own expense, and to the satisfaction of
the City in accordance with the terms of the right-of-way permit, restore to City standards and
specifications any damage or disturbance caused to streets as a result of Franchisee's construction or
operations.
Section 7. Requirement to Obtain Permits & Work in the Right of Way
7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits,
including rights-of-way permits, and pay all permit fees required by applicable City ordinances,
regulations, resolutions, and rules prior to commencing any work within the Franchise Area. The
manner of excavation, construction, installation, backfill, and temporary structures such as, but not
limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be
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Ordinance No. 18-__ 71 Page 7 of 37
satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit,
and shall be in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD").
7 .2 Emergency Exception to Permit Requirement. In the event of an emergency in which
Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the
property, life, health, or safety of any individual, Franchisee may take action immediately to correct
the dangerous condition without first obtaining any required permit so long as: (1) Franchisee
informs the City of the nature and extent of the emergency, and the work to be performed, prior to
commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
7.3 No Removal of Underground Conduit. Franchisee shall not remove any underground
cable or conduit that requires trenching or other opening of the Rights-of-Way along the extension of
cable to be removed, except as provided in this Section 7.3. Franchisee may remove any underground
cable and other Facilities from the Right-of-Way that have been installed in such a manner that it can
be removed without trenching or other opening of the Right-of-Way along the extension of cable to
be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable
from the Rights-of-Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or
pursuant to Section 12. When the City determines, in the City's sole discretion, that Franchisee's
underground Facilities must be removed in order to eliminate or prevent a hazardous condition,
Franchisee shall remove the cable or conduit at Franchisee's sole cost and expense. Franchisee must
apply and receive a permit, pursuant to Section 7 .1, prior to any such removal of underground cable,
conduit, or other related facilities from the Right-of-Way and must provide as-built plans and maps
pursuant to Section 8.3.
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Ordinance No. 18-__
72 Page 8 of37
7.4 Design Standards for Wireless Services. To the extent Franchisee is providing services
to personal wireless services facilities, Franchisee shall adhere to the design standards for such
personal wireless services facilities, and shall underground its Facilities and/or place its Facilities
within the pole as may be required by such design standards.
7.5 Work in the Rights-of-Way. During any period of relocation, construction or
maintenance, all work performed by Franchisee or its contractors and subcontractors shall be
accomplished in a safe and workmanlike manner, so to minimize interference with the free passage
of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all
times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as
required for the safety of all members of the general public and comply with all applicable safety
regulations during such period of construction as required by the ordinances of the City or the laws
of the State of Washington, including RCW 39 .04.180 for the construction of trench safety systems.
7 .6 Coordination of Activities. Franchisee shall meet with the City and other franchise
holders and users of the Rights-of-Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights-of-Way. All construction locations, activities, and
schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption
or damages.
Section 8. Standard of Performance
8.1 Backfilling Requirements. The Franchisee shall not excavate for a distance of more
than one hundred feet (100') without immediately backfilling and compacting to surface grade and
City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or
permanently, before the end of the work day in which they have been opened. Trench areas within the
right-of-way, but not within a driving lane, must also be patched within the time limits specified by
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Ordinance No. 18-__
73 Page 9 o/37
the City on the right-of-way use permit. Final surface restoration shall be completed within thirty
(30) days and shall be equal to or better than the surface condition prior to permit issuance.
8.2 Asphalt Overlay. Any asphalt overlay completed within the Franchise Area during the
five (5) year-period immediately prior to the date of permit application shall not be open cut by
Franchisee unless required by an emergency and subject to the provisions of Section 7.2 above.
Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency
or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions
from the open cut, unless determined otherwise by the Director.
8.3 As-Built Maps. Within fifteen (15) days of completion of any installation of
Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans,
stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built"
location-of the Facilities.
8.4 Joint Trench. If Franchisee shall at any time plan to make excavations in any area
covered by this Franchise, Franchisee shall afford the City, upon receipt of a written request to do so,
an opportunity to share such excavation, PROVIDED THAT:
8.4.1 Such joint use shall not unreasonably delay the work of the Franchisee
causing the excavation to be made;
8.4.2 Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
8.4.3 Franchisee may deny such request for safety reasons.
8.5 Open Utility Trenches. Franchisee shall be entitled to reasonable access to open
utility trenches when the City is constructing new utility trenches, provided that such access does not
interfere with the City's placement of utilities or increase the City's costs. Franchisee shall pay to the
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Ordinance No. 18-74 Page JO of 37
City the actual cost to the City resulting from providing Franchisee access to an open trench,
including without limitation the pro rata share of the costs of access to an open trench, additional
costs, as determined by the City, attributed to Franchisee due to Franchisee's request to access the
utility trenches, and any costs associated with the delay of the completion of a public works project.
Further, the City may deny such requests if:
8.6
8.5.1 Such joint use unreasonably delays the work of the City;
8.5.2 The parties cannot agree on terms and conditions; or
8.5.3 Granting access to the utility trench creates a safety concern.
Additional Ducts/Conduit. Franchisee shall inform the City with at least thirty (30)
days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the
Rights-of-Way and provide the City with an opportunity to request that Franchisee provide the City
with additional duct or conduit and related structures necessary to access the conduit pursuant to
RCW 35.99.070.
8.7 Tree Trimming. Franchisee may trim trees upon and overhanging on public ways,
streets, alleys, sidewalks, and other public places of the City so as to prevent the trees from coming
in contact with Franchisee's Facilities. The right to trim trees in this Section 8. 7 shall only apply to
the extent necessary to protect Franchisee's Facilities. Franchisee shall ensure that its tree trimming
activities protect the appearance, integrity, and health of the trees to the extent reasonably possible.
Franchisee shall be responsible for all debris removal from such activities. All trimming, except in
emergency situations, is to be done after the explicit prior written notification and approval of the
City and at the expense of Franchisee. Franchisee may contract for such services, however, any firm
or individual so retained must first receive City approval prior to commencing such trimming.
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Ordinance No. 18-__ 75 Page 11 of 37
Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private
property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely
responsible and liable for any damage to any third parties' trees or natural growth caused by
Franchisee's actions. Franchisee shall indemnify, defend, and hold harmless the City from third-party
claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or
natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City
or the property owner for any damage caused by trimming, damage, or removal by Franchisee.
Except in an emergency situation, all tree trimming must be performed under the direction of an
arborist certified by the International Society of Arboriculture, unless otherwise approved by the
Public Works Director or his/her designee.
8.8 Safety. Franchisee shall, at all times, employ professional care and shall install and
maintain and use industry-standard methods for preventing failures and accidents that are likely to
cause damage, injuries, or nuisances to the public. All structures and all lines , equipment, and
connections in, over, under, and upon the Rights-of-Ways, wherever situated or located, shall at all
times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and
City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as
required by applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with
the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC
regulations, and Occupational Safety and Health Administration ("OSHA") Standards. Upon
reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to
evaluate if they are constructed and maintained in a safe condition.
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Ordinance No. 18-__ 76 Page 12 of 37
8.9 Additional Safety Standards.
8.9.1 Franchisee shall endeavor to maintain all equipment lines and facilities in
an orderly manner, including, but not limited to, the removal of all bundles of unused cable on
any aerial facilities.
8.9.2 All installations of equipment, lines, and ancillary facilities shall be
installed in accordance with industry-standard engineering practices and shall comply with all
federal, State, and local regulations, ordinances, and laws.
8.9.3 Any opening or obstruction in the Rights-of-Way or other public places
made by Franchisee in the course of its operations shall be protected by Franchisee at all times by
the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of
dusk and darkness, shall be clearly marked and visible.
8.10 Stop Work Order. On notice from the City that any work is being performed contrary
to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or
in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the
work may immediately be stopped by the City. The stop work order shall:
8.11 Be in writing;
8.12 Be given to the person doing the work or posted on the work site;
8.13 Be sent to Franchisee by overnight delivery; ·
8.14 Indicate the nature of the alleged violation or unsafe condition; and
8.15 Establish conditions under which work may be resumed.
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Ordinance No. 18-__ 77 Page 13 o/37
Section 9. · Survey Markers and Monuments
9.1 Survey Markers and Monuments. Franchisee shall, using a licensed surveyor,
immediately replace all markers or monuments disturbed during any work by Franchisee within the
Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed
monuments or markers.
9.2 Surface Markings/Stakes. Prior to Franchisee commencing any excavation work
within the Franchise Area, Franchisee shall reference all monuments and markers relating to
subdivisions, plats, highways, and other surveys. The reference points shall be located so that they
shall not be disturbed during the Franchisee's operations under this Franchise. The method of
referencing these monuments or other points shall be approved by the City before placement. The
construction shall be made as expeditiously as conditions permit, and as directed by the City. The
cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of
the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for
monuments and other ties shall be filed with the City.
Section 10. Work of Subcontractors and Contractors
Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with
State law and the City's ordinances, regulations, and requirements. Work by contractors and
subcontractors are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors
and subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this Franchise and
applicable law.
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Ordinance No. 18-__ 78 Page 14 of37
Section 11. Right of City to Complete Work
11.1 Non-Compliance/Work Performed by City. In the event Franchisee fails to comply
with any applicable federal, state or City laws, ordinances, rules, regulations, or standards or with
any of the terms of this Franchise, or if such work by Franchisee endangers property or the public
and such noncompliance continues for a period often (10) days after Franchisee receives written
notice from the City regarding the noncompliance, the City may, but in no event is the City obligated
to, order any work completed, including without limitation Franchisee's obligation to repair pursuant
to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section
12 herein. If the City causes such work to be done by its own employees or by any person or entity
other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the
City for all reasonable costs and expenses incurred by the City in having such work performed,
which costs may include the City's reasonable overhead expenses and attorneys' fees; however, the
City shall not have any electrical work accomplished by any person or entity other than Franchisee or
a qualified and licensed electrical contractor.
11.2 Emergency Work Performed by City. The City retains the right and privilege to cut or
move any Facilities located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate, or useful in response to any public health or safety emergency. Consistent
with Section 20.2, Franchisee shall reimburse the City for the costs associated with the repair.
11.3 No Liability for Damage.· The City shall not be liable for any damage to or loss of
Facilities within the Rights-of-Way as a result of or in connection with any public works, public_
improvements, construction, grading, excavation, filling, or work of any kind in the Rights-of-Way
by or on behalf of the City, except to the extent directly and proximately caused by the gross
negligence or willful acts of the City, its employees, contractors, or agents. The City shall further not
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Ordinance No. 18-79 Page 15 of 37
be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or
entity of any type as a direct or indirect result of the City's actions under this Section 11 except to the
extent caused by the gross negligence or willful acts of the City, its employees, contractors, or agents.
Section 12. Required Relocation of Facilities
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or
any part of the Franchise Area, either above, below, or adjacentto the Facilities, for any purpose that
is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein
include, without limitation, the construction, installation, and/or maintenance of any electrical, water,
sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes,
equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects.
12.2 City's Duties. In the event the City undertakes any work, including necessary
maintenance within a right-of-way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
A. Provide written notice of the required relocation to Franchisee within a
reasonable time prior to the commencement of such City work; and
B. Provide Franchisee with copies of pertinent portions of the City's plans and
specifications so that Franchisee may relocate its Facilities to accommodate the City work.
Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to
relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on
behalf of, the City in the interest of public health, safety, welfare, necessity, or convenience, as
adjudged in the sole discretion of the City.
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Ordinance No. 18-__ 80 Page 16 of 37
12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Section 12.2A requiring relocation and receipt of the plans and specifications pursuant to Section
12.28, Franchisee shall raise, lower, or move such Facilities within the Franchise Area at its sole cost
and expense to the location or position directed by the City, to cause the least interference with the
improvement, repair, or alteration contemplated by the City and to conform to such new grades as
may be established. If the City improves a Right-of-Way, Franchisee shall, at its sole cost and
expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the
improvement with substitute Facilities conforming to the specifications for the improvement of the
Right-of-Way. Nothing contained within this Franchise shall limit Franchisee's ability to seek
reimbursement for relocation costs when permitted by RCW 35.99.060.
12.4 Delay. Upon a notification of a relocation delay due to Franchisee, Franchisee
agrees to work cooperatively with the City, other franchisees and utilities and the City's third party
contractor to resolve any such issues. If the Franchisee is unable to informally resolve the claims of
a City contractor, subcontractor, and/or a third party claim that arises from Franchisee's relocation
delays, the Franchisee shall indemnify, defend and hold harmless the City pursuant to Section 21
from costs, claims or liability arising from such delay. The delay claim of a City utility whose
funding and operations are required by Washington state law to be kept separate from those of the
City's general fund shall be considered a third party claim for the purposes of this resolution process
and the indemnity. The parties acknowledge and agree that Franchisee shall not be responsible for
these indemnification, defense or hold harmless requirements and/or costs, claims, liability and/or
damages due to delays caused by circumstances beyond the control of Franchisee; the gross
negligence, willful misconduct, or unreasonable delay of the City; or the negligence, willful
misconduct or delay of any unrelated third party. In the event that the acts of a third party as set forth
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Ordinance No. 18-__ 81 Page 17 of 37
in the preceding sentence contribute to the delay, the Franchisee may be liable for its proportionate
share of the costs, claims or liability. Circumstances beyond the control of Franchisee is defined for
purposes of this Franchise as strikes, lockouts, sit-down strike, unusual transportation delays, riots,
floods, washouts, explosions, earthquakes, fire, storms, weather (including inclement weather which
prevents construction), acts of the public enemy, wars, terrorism, insurrections, and any other similar
act of God event.
12. 5 Locate. Upon request of the City and in order to facilitate the design of City street and
Right-of-Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if
reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so
that the Facilities' location may be taken into account in the improvement design. The decision as to
whether any Facilities need to be relocated in order to accommodate the City's improvements shall
be made by the City upon review of the location and construction of Franchisee's Facilities. The City
shall provide Franchisee at least fourteen ( 14) days' written notice prior to any request for excavation
or exposure of Facilities.
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to Rights-of-Way, or to public and private improvements within or adjacent to Rights-of-
Way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,
upon discovery of any such damage, immediately notify the City. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to Rights-of-Way, or to public and private improvements within or adjacent to Rights-of-
Way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an
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Ordinance No. 18-82 Page 18 o/37
improvement as required in this section, the City may repair the damage pursuant to Section 11 of
this Agreement.
Section 14. Default
14.1 Remedies. The City may elect, without any prejudice to any of its other legal rights
and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to
comply with the provisions of the Franchise and to recover damages and costs incurred by the City
by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City
reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and
assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions
herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or
Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or
otherwise, and nothing contained herein shall be deemed or construed to effect any such waiver.
14.2 Notice and Cure; Damages. If Franchisee shall violate, or fail to comply with any of
the provisions of this Franchise, or should it fail to heed or comply with any notice given to
Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written
notice specifying with reasonable particularity the nature of any such breach and Franchisee shall
undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days,
the City may specify a longer cure period, and condition the extension of time on Franchisee's
submittal of a plan to cure the breach within the specified period, commencement of work within the
original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or Franchisee does not comply with the specified conditions,
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Ordinance No. 18-__ 83 Page 19 of37
City may, at its discretion, (1) commence revocation proceedings pursuant to Section 14.3, or (2)
claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or bond set
forth in Section 23, or (3) pursue other remedies as described in Section 14.1 above.
14.3 Revocation of Franchise. If Franchisee willfully violates or fails to comply with any
of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or
comply with any notice given Franchisee by the City under the provisions of this Franchise, then
Franchisee shall, at the election of the Federal Way City Council, forfeit all rights conferred
hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon
notice to Franchisee.
Section 15. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee. The City reserves the right to limit or exclude Franchisee's
access to a specific route, public Right-of-Way or other location when, in the judgment of the
Director there is inadequate space (including but not limited to compliance with ADA clearance
requirements and maintaining a clear and safe passage through the Rights-of-Way), a pavement
cutting moratorium, unnecessary damage to public property, public expense, inconvenience,
interference with City utilities, or for any other reason determined by the Director.
Section 16. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion ofFranchisees Facilities within the Franchise Area
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Area conferred by this Franchise.
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Ordinance No. 18-84 Page 20 of 37
Section 17. Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall
notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the
Franchise Area, if Franchisee has Facilities within such area planned for vacation. The City may,
after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such
vacated area. At Franchisee's request, the City will, if practicable, reserve an easement for
Franchisee's existing facilities to continue to use the vacated area. Franchisee must provide to the
City information necessary for the City to reserve such easement within the thirty (30) day period.
Section 18. Compliance with Laws
18.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however, that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the
term or condition of this Franchise will control.
18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may
develop rules, regulations, ordinances, and specifications for the use of the right-of-way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
18.3 Franchise Fees. Franchisee hereby represents that its operations as authorized under
this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as
defined in RCW 3 5 .21. 860. As a result, the City will not impose a franchise fee under the terms of
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Ordinance No. 18-__ 85 Page 21 of 37
this Franchise, other than as described herein. The City hereby reserves its right to impose a franchise
fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the
statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the
imposition of such fees are removed. In either instance, the City also reserves its right to require that
Franchisee obtain a separate :franchise for its change in use, which :franchise may include provisions
intended to regulate Franchisee's operations, as allowed under applicable law.
Section 19. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of IO years against settlement or repair including Facilities and right-of-way restoration. This
guarantee shall apply only to such settlement or repair that the City attributes to Franchisee's
Facilities, actions or omissions.
Section 20. Charge for Administrative Costs
20.1 Administrative Fee. Franchisee shall pay a one-time fee for the actual administrative
expenses incurred by the City that are directly related to the receiving and approving this Franchise
pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in
drafting and processing this Franchise. Such administrative fee shall be offset against the fee deposit
required pursuant to FWMC 4.22.040; provided, however, if the administrative fee exceeds the fee
deposit, then the Franchisee shall remit such additional amounts within thirty (30) days of receipt of
an invoice from the City. No construction permits shall be issued for the installation of Facilities
authorized until such time as the City has received payment of this fee. Franchisee shall further be
subject to all permit fees associated with activities undertaken through the authority granted in this
Franchise or under the laws of the City. Where the City incurs costs and expenses for review,
inspection, or supervision of activities, including but not limited to reasonable fees associated with
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Ordinance No. 18-86 Page 22 of 37
attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in
this Franchise or any ordinances relating to the subject for which a permit fee is not established,
Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of
Section 20.3.
20.2 Emergency Repair Costs. In addition to Section 20.1, Franchisee shall promptly
reimburse the City in accordance with the provisions of Section 20.3 and Section 20.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving Franchisee's
Facilities, to the extent said emergency is not the fault of the City.
20.3 Reimbursement of Expenses. Franchisee shall reimburse the City within sixty (60)
days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in
planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of
the presence of Franchisee's Facilities in the Rights-of-Way. Such costs and expenses shall include
but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage
in any work in the Rights-of-Way as the result of the presence of Franchisee's Facilities in the
Rights-of-Way. Such costs and expenses shall also include Franchisee's proportionate share of any
time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's
Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities.
20.4 Calculation of Costs. The time of City employees shall be charged at their respective
rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other
costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in
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Ordinance No. 18-__ 87 Page 23 of 37
said billing. At the City's option, the billing may be on an annual basis, but the City shall provide the
Franchisee with the City's itemization of costs, in writing, at the conclusion of each project for
information purposes.
Section 21. Indemnification
21.1 General. Franchisee agrees to indemnify and hold harmless and defend the City, its
elected officials, officers, employees, agents, and volunteers from any and all claims, demands,
losses, actions, and liabilities (including costs and all attorneys' fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the
acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, for
any delays on City construction projects caused by or arising out of the failure of Franchisee to
remove or relocate its Facilities in a timely manner, or by the Franchisee's breach of any provisions
of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee
to indemnify, hold harmless or defend the City against claims or damages arising from the gross
negligence or intentional misconduct of the City, its agents or employees. These indemnification
obligations shall extend to claims that are not reduced to a suit and any claims that may be
compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or
the institution of any litigation.
21.2 Notification. In the event any claim, demand, suit or action is commenced against the
City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly
notify Franchisee thereof The City's failure to so notify and request indemnification shall not relieve
Franchisee of any liability that Franchisee might have, except to the extent that such failure
prejudices Franchisee's ability to defend such claim or suit. Franchisee's selection of an attorney to
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Ordinance No. 18-__ 88 Page 24 of 37
defend any such claim, demand, suit, or action shall be subject to the City's approval, which shall not
be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except
with prior written consent of the City, which shall not be unreasonably withheld. The City shall have
the right at all times to participate through its own attorney in any suit or action which arises
pursuant to this Franchise when the City determines that such participation is required to protect the
interest of the City or the public. In the event that Franchisee refuses the tender of defense in any suit
or any claim, as required pursuant to the indemnification provisions within this Franchise, and said
refusal is subsequently determined by a court having jurisdiction ( or such other tribunal that the
parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee,
Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert
witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this
indemnification provision.
21.3 RCW 4.24.115. In the event it is determined that RCW 4.24.115 applies to this
Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent
permitted thereunder, to the full extent of Franchisee's negligence. It is further specifically and
expressly understood that the indemnification provided constitutes Franchisee's waiver ofimmunity
under Title 51 RCW, solely for the purposes of this indemnification, relating solely to indemnity
claims made by the City directly against the Franchisee for claims made against the City by
Franchisee's employees. This waiver has been mutually negotiated by the parties.
21.4 Inspection or acceptance by the City of any work performed by Franchisee at the time
of completion of construction shall not be grounds for avoidance by Franchisee of any of its
obligations under this Section 21. Notwithstanding any other provisions of this Section 21,
Franchisee assumes the risk of damage to its Facilities located in the Rights-of-Way and upon City-
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Ordinance No. 18-__ 89 Page 25 of 37
owned property from activities conducted by the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors, except to the extent any such damage or destruction
is caused by or arises from any grossly negligent, willful, or criminal actions on the part of the City,
its officers, agents, employees, volunteers, or elected or appointed officials, or contractors.
Franchisee releases and waives any and all such claims against the City, its officers, agents,
employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to
indemnify, hold harmless and defend the City against any claims for damages, including, but not
limited to, business interruption damages, lost profits and consequential damages, brought by or
under users of Franchisee's Facilities as the result of any interruption of service due to damage or
destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its
officers, agents, employees or contractors, except to the extent any such damage or destruction is
caused by or arises from the gross negligence or any willful, or criminal actions on the part of the
City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors.
Section 22. Insurance
22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
A. Workers' compensation and employer's liability insurance m amounts
sufficient pursuant to the laws of the State of Washington;
B. Commercial general liability insurance with combined single limits ofliability
not less than $5,000,000 for bodily injury, including personal injury or death, products liability,
contractual coverage, operations, explosion, collapse, underground and property damage; and
C. Automobile liability insurance with combined single limits ofliability not less
than $5,000,000 for bodily injury, including personal injury or death, and property damage.
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Ordinance No. 18-90 Page 26 o/37
D. Umbrella liability policy with limits not less than $1,000,000 per occurrence
and $5,000,000 in the aggregate.
E. If Franchisee maintains umbrella insurance (primary, excess, or a combination
thereof) that exceeds the above insurance limits, such insurance shall constitute compliance with this
Section.
22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
A. The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
B. Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
Coverage shall be primary as to the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance by the City, its officers, officials, employees, or volunteers shall be
in excess of Franchisee's required insurance.
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
At the City's request, Franchisee shall deliver certified copies of all required insurance policies.
22.4 Cancellation of Policy. Upon receipt of notice from its insurer(s) Franchisee shall use
all commercially reasonable efforts to provide the City with thirty (30) days prior written notice of
any such cancellation. Within fifteen (15) days prior to said cancellation or intent not to renew,
Franchisee shall obtain and furnish to the City replacement insurance policies meeting the
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Ordinance No. 18-91 Page 27 of37
requirements of this Section 22. Failure to provide the insurance cancellation notice and to furnish to
the City replacement insurance policies meeting the requirements of this Section 22 shall be
considered a material breach of this Franchise and subject to the City's election of remedies
described in Section 1.4 and above. Notwithstanding the cure period described in Section 14.2, the
City may pursue its remedies immediately upon a failure to furnish replacement insurance.
22.5 No Limitation on Liability. Franchisee's maintenance ofinsurance as required by this
Section 22 shall not be construed to limit the liability of Franchisee to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further,
Franchisee's maintenance of insurance policies required by this Franchise shall not be construed to
excuse unfaithful performance by Franchisee.
22.6 Self-Insurance. As of the effective date of this Franchise, Franchisee is not self-
insured. Should Franchisee wish to become self-insured at the levels outlined in this Franchise at a
later date, Franchisee must provide the City with thirty (30) days advanced written notice ofits intent
to self-insure. In order to self-insure, Franchisee shall comply with the following: (i) provide a
written attestation that Franchisee possesses the necessary amount of unencumbered financial assets
to support the financial exposure of self-insurance, as evidenced by an outside auditor's review of
Franchisee's financial statements; (ii) the City, upon request, may review Franchisee's financial
statements; (iii) Franchisee is responsible for all payments within the self-insured retention; and (iv)
Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section
of this Franchise. These requirements may be modified by written amendment executed by both
parties.
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Ordinance No. I 8-92 Page 28 of 37
Section 23. Bond
23. l Construction Performance Bond. Franchisee shall furnish a performance bond
("Performance Bond") written by a corporate surety reasonably acceptable to the City equal to at
least 120% of the estimated cost of constructing Franchisee's Facilities within the Rights-of-Way of
the City prior to commencement of any such work or such other amount as deemed appropriate by
the Public Works Director. The Performance Bond shall guarantee the following: (1) timely
completion of construction; (2) construction in compliance with all applicable plans, permits,
technical codes, and standards; (3) proper location of the Facilities as specified by the City; ( 4)
restoration of the Rights-of-Way and other City properties affected by the construction; (5)
submission of as-built drawings after completion of construction; and (6) timely payment and
satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection
with the work which could be asserted against the City or City property. Said bond must remain in
full force until the completion of construction, including final inspection, corrections, and final
approval of the work, recording of all easements, provision of as-built drawings, and the posting of a
Maintenance Bond as described in Section 23.2. Compliance with the Performance Bond
requirement of the City's current Design and Construction Standards shall satisfy the provisions of
this Section 23.1.
23.2 Maintenance Bond. Franchisee shall furnish a two (2) year maintenance bond
("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of
construction work on Facilities within the Rights-of-Way. The Maintenance Bond amount will be
equal to ten percent (10%) of the documented final cost of the construction work, but in no event
shall a bond of more than $250,000 be required. The Maintenance Bond in this Section 23 .2 must be
in place prior to City's release of the bond required by Section 23.1. Compliance with the
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Ordinance No. 18-93 Page 29 of37
Maintenance Bond requirement of the City's current Design and Construction Standards shall satisfy
the provisions of this Section 23.2.
Section 24. Abandonment
24.1 In the event that the use of any part of the Facilities are discontinued for any reason
for a continuous period of six ( 6) months or more, or in the event such system or property has been
installed in any Right-of-Way or other public place without complying with the requirements of this
Franchise or other City ordinances, Franchisee shall, upon being given thirty (30) days' notice,
remove at its expense all such discontinued Facilities other than any which the City may permit to be
abandoned in place. In the event of such removal, Franchisee shall promptly restore the Right-of-
Way or other areas from which such property has been removed to a condition satisfactory to the
City.
24.2 Any property of Franchisee remaining in place ninety (90) days after such notice,
termination or expiration of this Franchise shall be considered permanently abandoned. The City may
extend such time not to exceed an additional ninety (90) days. Any costs incurred by the City in
safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing
contained within this Section 24 shall prevent the City from compelling Franchisee to remove any
such Facilities through judicial action when the City has not permitted Franchisee to abandon said
Facilities in place.
24.3 Any property of Franchisee to be abandoned in place shall be abandoned in such
manner as the City shall prescribe. Upon permanent abandonment of the property of Franchisee in
place, the property shall become that of the City, and Franchisee shall submit to the City Clerk an
instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of
such property.
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Ordinance No. 18-94 Page 30 of37
24.4 The provisions of this Section 24 shall survive the expiration, revocation, or
termination of this Franchise.
Section 25. General Provisions
25.1 EntireAgreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
25 .2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
25.3 Assignment.
A. This Franchise may not be directly or indirectly assigned, transferred, or
disposed ofby sale, lease, merger, consolidation or other act of Franchisee, by operation oflaw or
otherwise, unless approved in writing by the City, which approval shall not be unreasonably
withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this
Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a chan~e of
control as described in Section 25.3B below, or for collateral security purposes. Franchisee shall
provide prompt, written notice to the City of any such assignment. In the case of transfer or
assignment as security by mortgage or other security instrument in whole or in part to secure
indebtedness, such consent shall not be required unless and until the secured party elects to realize
upon the collateral. For purposes of this Section, no assignment or transfer of this Franchise shall be
deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender
offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions
of this Franchise.
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Ordinance No. 18-95 Page 31 of 37
B. Any transactions that singularly or collectively result in a change of more than
fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or
working control of the Facilities, ownership or working control of affiliated entities having
ownership or working control of Franchisee or of the Facilities, or of control of the capacity or
bandwidth of Franchisee's Facilities, shall be considered an assignment or transfer requiring City
approval. Transactions between affiliated entities are not exempt from City approval if there is a
change in control as described in the preceding sentence. Franchisee shall promptly notify the City
prior to any proposed change in, or transfer of, or acquisition by any other party of control of
Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of
the proposed transfer. The City shall approve or deny such request for an assignment or transfer
requiring City's consent within one-hundred twenty (120) days of a completed application from
Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the
action taken by the City is due to the schedule of the City Council and action cannot reasonably be
obtained within the one hundred twenty (120) day period. In the event that the City adopts a
resolution denying its consent and such change, transfer, or acquisition of control has been affected,
the City may revoke this Franchise, following the revocation procedure described in Section 14.3
above. The assignee or transferee must have the legal, technical, financial, and other requisite
qualifications to own, hold, and operate Franchisee's Services. Franchisee shall reimburse the City
for all direct and indirect costs and expenses reasonably incurred by the City in considering a request
to transfer or assign this Franchise, in accordance with the provisions of Section 20.3 and Section
20.4, and shall pay the applicable application fee.
C. Franchisee may, without prior consent from the City: (i) lease the Facilities, or
any portion, to another person; (ii) grant an indefeasible right of user interest in the Facilities, or any
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Ordinance No. 18-96 Page 32 o/37
portion, to another person; or (iii) offer to provide capacity or bandwidth in its Facilities to another
person, provided further, that Franchisee shall at all times retain ownership over its Facilities and
remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall
furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee
may redact the name, street address (except for City and zip code), Social Security Numbers,
Employer Identification Numbers or similar identifying information, and other information
considered confidential under applicable laws provided in such lease or agreement, and the lessee
complies, to the extent applicable, with the requirements of this Franchise and applicable City codes.
Franchisee's obligation to remain fully responsible for compliance with the terms under this Section
25.3 shall survive the expiration of this Franchise but only if and to the extent and for so long as
Franchisee is still the owner or has exclusive control over the Facilities used by a third party.
25.4 No Wa iver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
25.5 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington. Venue for any dispute related to
this Franchise shall be the United States District Court for the Western District of Washington, or
King County Superior Court.
25.6 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
{ERZ1641715.DOC;5/13104.080003/}
Ordinance No. 18-__ 97 Page 33 of 37
25. 7 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
CITY OF FEDERAL WAY
Attn: Public Works Director
33325 8th Avenue South
Federal Way, WA 98003
with a copy to:
CITY OF FEDERAL WAY
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
MChnetro Access Transmission Services .Corp.
Attn: Franchise Manager
600 Hidden Ridge
Mail code: HQE02E 102
Irving, TX 75038
with a copy to (except for invoices):
Verizon Business Services
1320 North Courthouse Road, Suite 900
Arlington, VA 22201
Attn: General Counsel, Network & Technology
Invoices:
Verizon
Attn: Contract Admin
6929 North Lakewood Ave, MD. 5.3-4009
Tulsa, OK 74117
Any notices shall be delivered personally to the addressee of the notice or sent by United
States certified mail, postage prepaid, to the address set forth herein. Any notice so sent shall be
deemed received three (3) business days after the date of mailing.
25.8 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
25.9 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
25.10 Hazardous Substances. Franchisee shall not introduce or use any hazardous
substances ( chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
allow any of its agents, contractors or any person under its control to do the same. Franchisee will be
{ERZ\641715.DOC;5/13104.080003/}
Ordinance No. 18-98 Page 34 o/37
solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from and against any and all claims, costs and liabilities including
reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of
the property associated with Franchisee's use, storage, or disposal of hazardous substances, whether
or not intentional, and the use, storage, or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's control, intentional or not.
25.11 FAA. Franchisee acknowledges that it, and not the City, shall be responsible for the
premises and equipment's compliance with all marking and lighting ~equirements of the FAA and the
FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused
by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by
either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance
and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by
the citing agency, the City may either terminate this Franchise immediately on notice to the
Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense.
Section 26. Severability
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Franchise.
Section 27. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
{ERZ164171S.D0C;S/13104.080003/}
Ordinance No. 18-__ 99 Page 35 of 37
Section 28. Effective Date
This Franchise shall take effect and be in full force five (5) days after its passage and
publication, according to law (see Effective Date below).
PASSED by the City Council of the City of Federal Way this ____ day of
201 . _______ __,
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
{ERZl64l 7l5.DOC;5/l3104.080003/}
Ordinance No. 18-100 Page 36 o/37
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
DATEDthis __ dayof _________ ,201 _.
MCIMETRO ACCESS TRANSMISSION SERVICES CORP.
DBA VERIZON ACCESS TRANSMISSION SERVICES
By: ____________ _
Its: -------------
{ERZl6417l5.DOC;5/\3104.080003/}
Ordinance No. 18-101 Page 37 of37
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102
COUNCIL MEETING DATE: February 20, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CLEAR WIRELESS, LLC FRANCHISE ORDINANCE
POLICY QUESTION: Should the City grant Clear Wireless , LLC a Franchise to install, operate, maintain and repair
wireless communications fixtures and related equipment, cables, accessories , and improvements in a portion of the
rights-of-way within and through the City of Federal Way?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
D Consent
D ess
IS] Ordinance
D Resolution
MEETING DATE: February 5, 2018
D
D
Public Hearing
Other
STAFF REPORT B . D esiree Winkler, Deputy Public Works Director DEPT: Public Works
Attachments: Staff Report
Ordinance
Options Considered:
1. Approve the Ordinance and forward to the February 20, 2018 City Council meeting for first reading .
2. Modify the Ordinance and forward to the February 20, 2018 City Council meeting for first reading.
3. Re · ect the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 20 , 2018 City Council
Ordinance Agenda for first reading.
COMMITTEE RECOMMENDATION: I move to forward the propos ed Clear Wireless, LLC Franchise ordinance to First
Reading on February 20, 2018.
Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (FEBRUARY 20, 2018): "I move to forward approval of th e Clear Wireless, LLC
Franchise ordinance to the March 6, 2018 Council M eeting/or enactment."
SECOND READING OF ORDINANCE (MARCH 6, 2018): "I move approval of the propos ed Clear Wireless, LLC
Franchise ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordi nan ces only)
REVISED -12/2017
103
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE: February 5, 2018
CITY OF FEDERAL WAY
MEMORANDUM
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor • \ ,
Marwan Salloum, P.E., Public Works Director~__.-#
FROM: ~siree Winkler, P.E. Deputy Public Works Director/ Street System Manager
SUBJECT: Clear Wireless, LLC -Franchise Ordinance
BACKGROUND
Clear Wireless, LLC requested a franchise from the City of Federal Way in order to install,
operate and maintain wireless communication fixtures and related equipment, cables,
accessories, and improvements in one location on Dash Point Road SW at 3rd Place SW. This
system is an existing system previously installed, owned, and maintained by Clearwire US LLC,
under a franchise agreement that expired April 17, 2017.
The term of this Franchise is for a period of ten (10) years commencing on the effective date of
this Franchise consistent with franchises the City has granted to other utility providers.
Clear Wireless, LLC, under this Franchisee, has agreed to pay a fee of One Thousand Dollars
($1,000.00) to recover the administrative expenses incurred by the City that are directly related
to preparing and approving this Franchise.
Clear Wireless, LLC will maintain insurance of $5 Million combined single limit for commercial
general liability and $5 Million for automobile insurance. In addition, Clear Wireless, LLC shall
guarantee work they complete in the right-of-way for a period of ten (10) years in the form of a
Performance Bond in an amount of 120 percent (120%) of the value of work performed.
c. Mark Orthmann
Day File
104
I-'
0
U1
Clearwire -Franchise -Spot location -Dash Point Road at 3rd PL SW
ORDINANCE NO. ----
AN ORDINANCE of the City of Federal Way, Washington, granting
Clear Wireless LLC, a Nevada limited liability company, a nonexclusive
franchise to occupy rights-of-way of the City of Federal Way,
Washington, within the specified franchise area for the purposes of
installation, operation, maintenance, and repair of its wireless
communications f1xtures and related equipment, cables, accessories, and
improvements in a portion of the rights-of-way within and through the
City of Federal Way.
WHEREAS, Clear Wireless LLC, a Nevada limited liability company ("Franchisee") has
requested a :franchise from the City of Federal Way ("City"), in order to place wireless
communications :fixtures and related equipment in the City owned or controlled rights-of-way; and
WHEREAS, Franchisee was formally known as Clearwire US LLC, a Nevada limited
liability company; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a :franchise, which will specify the rights and duties of Franchisee; and
WHEREAS, the Council of Federal Way adopte9 Ordinance No. 07-553 on April 17, 2007
granting Clearwire US LLC, now known as Clear Wireless LLC, a franchise for the purposes of
installation, operation, maintenance, and repair of its wireless communications fixtures and related
equipment, cables, accessories, and improvements in a portion of the rights-of-way within and
through the City; and
WHEREAS, RCW 35A.47.040 et. seq. permits the City to grant nonexclusive franchises for
the use of public streets, bridges, or other public ways for, inter alia, conduits, wires, and
appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive :franchise, the City reserves such other powers
and authorities granted to Washington code cities by general law and specifically reserves its right to
Ordinance No. 18-
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adopt future regulations under its police powers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following tenns shall be defined as follows:
1.1 "City'' means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City ofF ederal Way
Public Works Department.
1.4 "Facilities" means: (1) wireless communications facilities, including, but not limited
to, electronic equipment, radio transmitting and receiving apparatus, and supporting equipment
located on a pole in a specified portion of the public right-of-way, base station transmitting,
underground fiber optic telecommunication lines or similar lines, and (2) the appurtenances
necessaf'J to connect the lines or similar lines to the existing switched telephone ne~.vork, all as
shown on Exhibit A.
1.5 ''Franchise Area" means only that portion of the City owned or controlled rights-of-
way located in the City ofF ederal Way and shown in Exhibit A attached hereto ( excluding privately
owned property), and/ or any other areas approved by the Federal Way City Council and incorporated
into this Franchise by amendment.
1.6 "Franchisee" means Clear Wireless LLC, a Nevada limited liability company, and its
respective successors and assigns if consented to by the City as provided in Section 24 herein.
1.7 "FWRC" means the Federal Way Revised Code.
Ordinance No. 18-__
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Section 2. Grant/ Acceptance
2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to
enter upon the Franchise Area for the limited purpose of constructing, excavating, installing,
maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is
specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee.
This Franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or
capacity provided by the Facilities for or to cable and other third-party cable or telecommunications
providers, and Franchisee covenants and agrees that it will not do so.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within sixty (60) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions:
Section 3. Non-Franchise Area City Property
This Franchise does not and shall not convey any right to Franchisee to install its Facilities
on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the
Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or
leased property within the Franchise Area other than public roads, streets, avenues, alleys, and
highways. Additionally, this Franchise does not convey any right to Franchisee to install its Facilities
on, under, over, across private property or any other governmental authorities' property or on any
other person or entity's poles or apparatus, and Franchisee is responsible for obtaining any
authorizations, agreements or consents from private property owners, other governmental authorities,
and any other persons or entities.
Ordinance No. 18-__
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Section 4.
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period often (10) years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to this Franchise or other applicable law.
Section 5. Location of Facilities
5 .1 Location. In addition to the other requirements of this Franchise, the location of the
Facilities, including any underground Facilities and appurtenances, their depths below surface of
ground or grade of a rights-of-way, and any related existing equipment ( such as cellular or personal
communication service antennae) to which the Facilities are connected shall be depicted on a map
and submitted to the City within thirty (30) days of the installation of the Facilities. The fiber optic
line permitted by this Franchise which runs from the pole in the rights-of-way to the equipment shed
or building on private property shall be maintained underground. Upon written request of the City,
Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any
such map ( or update thereof) so submitted shall be for informational purposes only and shall not
obligate Franchi see to undertake any specific improvements, nor shall such map be construed as a
proposal to undertake any specific improvements.
5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1
above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall, at the City's
reasonable request, provide the location of Franchisee's Facilities within the Franchise Area by either
field markings or by locating the Facilities on the City's design drawings, and ~hall provide all other
Ordinance No. 18-
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reasonable cooperation and assistance to the City.
Section 6 . Noninterference of Facilities
. Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
accordance with the laws of the State of Washington and City Code requirements, Franchise
provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as
required by the Director in accordance with the foregoing or given public health, safety and welfare.
This requirement applies whether or not the work is performed by the Franchisee, its agents,
employees, subcontractors, or other third parties at Franchisee's direction.
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits,
including rights-of-way permits, and pay all permit fees required by applicable City ordinances,
regulations, resolutions, and rules prior to commencing any work within the Franchise Area.
Franchisee permit applications shall show the position and location of the proposed Facilities to be
constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-
way or property lines upon prints drawn to scale, designate rights-of-way by their names and
improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches,
paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric
distribution poles, and water pipes existing on the ground to be occupied, or as required by the
Director. The Franchisee shall specify the class and type of materials to be used, equipment to be
used, and mode of safeguarding and facilitating the public traffic during construction. Materials and
equipment shall be in new or like new condition for its type and kind. The manner of excavation,
construction, installation, backfill, and temporary structures such as, but not limited to, traffic
Ordinance No. 18-
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Rev 1/15
turnouts and road obstructions, shall meet the standards of the FWRC and be satisfactory to the
Director. All traffic control shall be in accordance with the rights-of-way permit, and shall be in
accordance with the Manual on Uniform Traffic Control Devices ("MUTCD"). The Franchisee shall
indicate on any permit application the time needed to complete the work. The time needed to
complete the work is subject to approval by the City as a condition of the issuance of the permit or
approval.
7 .2 Emergency Exception to Permit Requirement. In the event of an emergency in which
Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the
property, life, health or safety of any individual, Franchisee may take action immediately to correct
the dangerous condition without first obtaining any required permit so long as: (1) Franchisee
informs the City of nature and extent of the emergency, and the work to be performed, prior to
commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
Section 8. Standard of Performance
immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas
within driving lane must be patched, either temporarily or permanently, before the end of the work
day in which they have been opened. Trench areas within the rights-of-way, but not within a driving
lane, must also be patched within the time limits specified by the City on the rights-of-way use
permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or
better than the surface condition prior to permit issuance.
Any asphalt overlay completed within the Franchise Area during the five (5) year period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
Ordinance No. 18-__
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Rev 1/15
required by an emergency and subject to the provisions of Subsection 7 .2 above. Franchisee shall
install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a
minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut,
unless determined otherwise by the Director.
Within fifteen ( 15) days of completion of any installation of Franchisee's Facilities within the
Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer
licensed by the State of Washington, showing the "as-built" location of the Facilities.
Section 9. Survey Markers and Monuments
Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost, destroyed, or disturbed monuments or markers.
Section 10. Survey Markings/Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee
shall reference all monuments and markers relating to subdivisions, plats, highways, and other
surveys. The reference points shall be located so that they shall not be disturbed during the
Franchisee's operations under the Franchise. The method of referencing these monuments or other
points shall be approved by the City before placement. The construction shall be made as
expeditiously as conditions permit, and as directed by the City. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement of the monuments and markers,
shall be borne solely by the Franchisee. A complete set of reference notes for monuments, markers,
and other ties shall be filed with the City.
Section 11. Right of City to Complete Work
In the event the Franchisee fails to comply with any applicable federal, state or City laws,
Ordinance No. 18-
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ordinances, rules, regulations or standards, or with any of the terms of this Franchise, and such
noncompliance continues for a period of ten ( 10) days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order
any work completed, including without limitations Franchisee's obligation to repair pursuant to
Section 8 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12
herein. If the City causes such work to be done by its own employees or by any person or entity other
than Franchisee, Franchisee shall, upon the City's written request, reimburse the City for all
reasonable costs and expenses incurred by the City in having such work performed, which costs may
include the City's reasonable overhead expenses and attorneys' fees, within five (5) days; however,
the City shall not have any electrical work accomplished by any person or entity other than
Franchisee or a qualified and licensed electrical contractor.
Section 12. Required Relocation of Facilities
12.1 C ity Re s ervati on ofRights . The Cityreserves the right to use, occupy, and enjoy all or
any part of the Franchise Area, either above, below, or adjacent to the Facilities. The rights reserved
herein include; without !imitafam, the cons1:PJctfrm, instal lation; and/or maintenance cf any electrical,
water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and
lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement
projects.
This Franchise is not an exclusive franchise and shall n.ot be construed in any manner to
prohibit the City from granting other and further franchises in, under, over, upon, and along the
Franchise Area, nor from exercising such other powers and authorities granted to the City by the
Washington State Constitution and general law, including the City's right to adopt future regulations
under its police powers.
Ordinance No. 18-
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Franchisee shall operate the Facilities in a manner that will not cause interference to the City,
and other lessees, franchisees, or licensees of the Franchise Area whose use predates this Franchise,
and in compliance with the requirements the FWRC as it now exists or is hereafter amended. In
addition, with respect to lessees, franchisees, or licensees whose operations commence after
installation of the Facilities hereunder, Franchisee shall not make any change in its operations that
causes or is intended to cause material interference with such lessees, franchisees, or licensees. All
operations by Franchisee shall be in compliance with all Federal Communications Commission
("FCC") regulations.
Pursuant to FWRC 19.255.060 as it now exists or is hereafter amended, the City may issue
permits for and enter into franchises and leases to allow location or collocation of other
telecommunications facilities in the Franchise Area, and Franchisee consents to the same; however,
the location or collocation must occur in compliance with said FWRC 19 .255.060 as it now exists or
is hereafter amended.
In the event that any such location or collocation results in interference with Franchisee's
operations, and provided that Franchisee has substantially complied with the provisions of this
Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such
interference. In the event that the interference is not eliminated within thirty (30) days of notice to
City by Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all
remedies available to it against the interfering party, (but in no event shall Franchisee pursue any
action against City at law or in equity or for declaratory relief).
12.2 City's Duties. In the event (1) the City undertakes any work, including necessary
maintenance within a rights-of-way in which Franchisee's Facilities are located, or (2) the City
requires undergrounding of Facilities of Franchisee or lines or equipment of any other entity due to
Ordinance No. 18-__
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the City requiring the removal of any poles, and such work necessitates the relocation ofFranchisee' s
then existing Facilities within the Franchise Area, the City shall:
( a) Provide written notice of the required relocation or undergrounding to Franchisee
within a reasonable time prior to the commencement of such City work; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications so that Franchisee may relocate its Facilities to accommodate the City work. Nothing
in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its
Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on behalf of, the
City in the interest of public health, safety, welfare, necessity, or convenience, as adjudged in the sole
discretion of the City.
Then, Franchisee shall relocate or underground (as the case may be) its Facilities to
accommodate or comply with the City work.
12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Subsection 12.2( a) requiring relocation or undergrounding and receipt of the plans and specifications
pm su ant tv Sub seetio.:a 12.2(b), Frw.J.el-tl sec shal l raise-, lower, mov7 e, or und ._:;cgroru1d such Faci:li-ti es
within the Franchise Area at its sole cost and expense to the location or position directed by the City
to comply with City requirements, to cause the least interference with the improvement, repair, or
alteration contemplated by the City, and to conform to such new grades as may be established. If the
City improves a rights-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice,
replace the Facilities located in the improved sub grade of the improvement with substitute Facilities
conforming to the specifications for the improvement of the rights-of-way. In the event of relocation
or undergrounding City and Franchisee agree to reasonably cooperate to relocate the Facilities to a
different area of the Franchise Area, if possible. Any relocation of the Facilities shall be performed
Ordinance No. 18-
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by Franchisee. City shall provide Franchisee with thirty (30) days' notice, or in the event of
emergency, with notice if it is reasonably practicable to do so. The City shall reasonably cooperate
with Franchisee in processing any required zoning approvals for relocating the Facilities including
suggesting alternative locations in the Franchise Area if such are reasonable possibilities.
Section 13. Damage Repair
In case of damage by the Franchisee, its ag~nts or employees or by the Facilities of the
Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the
Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon
discovery of any such damage, immediately notify the City. The City will inspect the damage, and set
a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to
rights-of-way, or to public and private improvements in or to rights-of-way, the City shall give the
Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage.
In the event the Franchisee does not repair a rights-of-way or an improvement to a rights-of-way as
required in this section, the City may repair the damage pursuant to Section 11 of this Franchise.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall
fail to comply with any of the provisions of this Franchise, the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have ten (10) days from the receipt of
such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after
the expiration of the ten (10) day period, the City may, by resolution, declare the Franchise
immediately revoked.
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Section 15. Limited Rights
This Franchise is intended to convey only a limited contractual right and interest to
Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any
ownership or property interest in or to the Franchise Area to Franchisee.
Section 16. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within t];ie Franchise
Area for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 17. Vacation
If at anytime the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall
notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the
Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this
F~~chise "vvifu r~s-pect to any such '..'acat~d area.
Section 18. CompUance with Laws
18.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however, that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the
term or condition of this Franchise will control.
Ordinance No. 18-__
117
Page 12 of24
Rev 1/15
18.2 Future City o f Federal Way Regulati on. Franchisee acknowledges that the City may
develop rules, regulations, ordinances, and specifications for the use of the right-of-way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City, and Franchisee covenants and agrees to be bound by same.
Section 19. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Section 20. Charge for Administrative Costs
Franchisee agrees to pay a fee or a charge of One Thousand and N o/100 Dollars ($1,000.00)
to recover the administrative expenses incurred by the City that are directly related to preparing and
approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or
recovering any administrative costs incurred by the City in the approval of permits or in the
supervision, inspection, or examination of all work by Franchisee in the Franchise Area as prescribed
in accordance with applicable provisions of the Federal Way Revised Code.
Section 21. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers from any and all claims, demands, losses, actions, and
liabilities (including costs and all attorneys' fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not
be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or
Ordinance No. 18-
118
Page 13 o/24
Rev 1/15
damages arising from the negligence of the City, its agents or employees. In the event ~y claim,
demand, suit or action is commenced against the City that gives rise to Franchisee's obligation
pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection
of an attorney to defend any such claim, demand, suit, or action shall be subject to the City's
approval, which shall not be unreasonably wit~eld. Franchisee shall not settle or compromise any
such suit or action except with prior written consent of the City, which shall not be unreasonably
withheld. The City shall have the right at all times to participate through its own attorney in any suit
or action which arises pursuant to this Franchise when the City determines that such participation is
required to protect the interest of the City or the public. In the event it is determined that RCW
4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the
City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence.
Section 22. Insurance
22.1 Minimum Limits. The _ Franchise agrees to carry as a minimum, the following
insurance, all such insurance policies shall be on current ISO or equivalent forms and issued by
scmpa?aie s auth cri.zed-to tran.s-aGt busir~ss in the s-tate(s) \vb.ere op er-~tic2&-shal'l occur -an3 whc-hcld a
current rating of not less than A-, VII according to A.M. Best.
( a) Workers' compensation insurance in amounts sufficient pursuant to the laws
of the State of Washington;
(b) Commercial general liability insurance with combined single limits ofliability
not less than $5,000,000 for bodily injury, including personal injury or death, products
liability, contractual coverage, operations, explosion, collapse, underground and property
damage;
( c) Automobile liability insurance with combined single limits ofliability not less
Ordinance No. 18-Page 14 of24
Rev 1/15
119
than $5,000,000 for lfodily injury, including personal injury or death and property damage.
The coverage amounts set forth may be met by a combination of underlying and umbrella
policies so long as in combination the limits equal or exceed those stated.
22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
Coverage shall not be suspended, canceled, materially modified, or reduced except after thirty
(30) days' prior written notice to the City delivered by mail. Franchisee's insurance shall be primary
insurance with respect to the City, its officers, officials, employees and volunteers. Any insurance or
self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of
Franchisee's required insurance.
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
Section 23. Bond
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period often
(10) years, from the time of work, against settlement or repair. Before commencing work within the
City, the Franchisee shall post a bond in the form attached as Exhibit B and in the amount of 120
percent of the value of work to be performed in connection with the Facilities to guarantee
Ordinance No. 18-__
120
Page 15 o/24
Rev 1/15
performance of the construction, performance, maintenance or repair in accordance with any permits
required by Section 7, with the standard of performance as referenced in Section 8, and with any
provisions of this Franchise. Procedures for submission and release of the bond shall be as provided
by the FWRC. In the event that the Franchisee fails to perform as required herein or by any permits
required, the City may perform the work as provided herein, and may have recourse to the bond in
addition to or in lieu of the remedies provided herein, at the City's sole discretion. Franchisee shall
be entitled to return of the bond, or portion thereof, as remains sixty ( 60) days after the expiration of
the term of the Franchise, provided the City has not notified Franchisee of any actual or potential
damages incurred as a result of Franchisee's operations pursuant to this Franchise or as a result of
default thereunder.
Section 24. General Provisions
24.1 Entire Agreement. This Franchise contains all of the agreements of the City and
Franchisee with respect to any matter covered or mentioned in this Franchise and no prior
agreements or understandings pertaining to any such matters shall be effective for any purpose.
agreement in writing signed by both City and Franchisee.
24.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder without the prior written consent of the City,
which will not be unreasonably withheld or delayed. Any assignee shall, within thirty (30) days of
the date of any approved assignment, file written notice ofthe assignment with the City together with
its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing,
Franchisee shall have the right, without such notice or such written consent, to mortgage its rights,
benefits and privileges in and under this Franchise to the Trustee for its bondholders.
Ordinance No. 18-__
121
Page 16 o/24
Rev 1/15
24.4 Attorneys' Fees. In the event the City or the Franchisee defaults in the performance of
any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
24.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
24.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
24. 7 Authority. Each individual or entity executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual or entity is duly authorized to execute and
deliver this Franchise on behalf of the Franchisee or the City, respectively.
24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee:
Clear Wireless LLC
Property Services
Site ID: SE52XC260
Mailstop KSOPHTO 101-22650
6391 Sprint Parkway
Overland Park, KS 66251-2650
Ordinance No. 18-
122
City:
City of Federal Way
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
Page 17 of24
Rev 1/15
With a copy to:
Sprint Law Department
Attn: Real Estate Attorney
Site ID: SE52XC260
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, KS 66251-2020
Any notices may be delivered personally to the addressee of the notice or may be deposited in
the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
24.9 Captions. The respective captions of the sections and subsections of this Franchise are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in
any respect any of the provisions of this Franchise.
24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive, but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
Section 25. Severability
ff any section, SCiitcnce; c}ausc, or p.l-uasc -o-f this Franchise should-be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Franchise.
Section 26. Corrections
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors,
references, ordinance numbering, section/subsection numbers and any references thereto.
Ordinance No. 18-__
123
Page 18 o/24
Rev 1/15
Section 27. Ratification
Any act consistent with the authority and prior to the effective date of this ordinance is hereby
ratified and affirmed.
Section 28. Effective Date
This ordinance shall take effect and be in force thirty (30) days from and after its passage and
publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
20 -------~ --
CITY OF FEDERAL WAY
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.:
Ordinance No. 18-__
124
Page 19 o/24
Rev 1/15
day of
ACCEPTANCE
The undersigned hereby accepts all the rights and privileges of the above granted
Franchise and acknowledges that such rights and privileges are subject to and limited by all of
the terms, conditions and obligations contained therein.
DATED this __ day of _____ ~ 201
CLEAR WIRELESS LLC,
a Nevada limited liability company
Silvia J. Lin, Manager -Real Estate
Ordinance No. 18-__
125
Page20of24
Rev 1/15
EXHIBIT A
LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA
(see attached)
Ordinance No. 18-__
126
Page 21 o/24
Rev 1/15
EXHIBITB
CITY OF FEDERAL WAY
PERFORMANCE/MAINTENANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned Clear Wireless LLC, a Nevada limited liability company, ("Principal") and
_______________________ _, the undersigned corporation
organized and existing under the laws of the State of and legally doing business
in the State of Washington as a surety ("Surety''), are held and firmly bound unto the City of Federal
Way, a Washington municipal corporation, ("City'') in the penal sum of Sixty Thousand Dollars and
Noll 00 ($60,000.00) for the payment of which we firmly bind ourselves and our legal
representatives, heirs, successors and assigns, jointly and severally.
This obligation is entered into pursuant to the statutes of the State ofWashington and the ordinances,
regulations, standards and policies of the City, as now existing or hereafter amended or adopted.
The Principal has entered into an Agreement with the City dated ____ __, 20 _, for __ _
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the
manner and within the time period prescribed by the City, or within such extensions of time as may
be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material
men or women, and all persons who shall supply the Principal or subcontractors with provisions and
supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees
and volunteers harmless from any loss or damage occasioned to any person or property by reason of
any carelessness or negligence on the part of the Principal, or any subcontractor in the performance
of said work, mid sha:lh nd.ffi'i:i--iify a.i-.d h:okHhe Cityharn1l ess fro:w: aHy <lamage-ur expense-by re-a s-on
of failure of performance as specified in the Agreement, or from defects appearing or developing in
the material or workmanship provided or performed under the Agreement within a period of two (2)
years after its final acceptance thereof by the City, then and in the event this obligation shall be void;
but otherwise, it shall be and remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alterations or additions to the terms of the
Agreement or to the Work.
The Surety hereby agrees that modifications and changes may be made in the terms and provisions of
the Agreement without notice to Surety, and any such modifications or changes increasing the total
amount to be paid the Principal shall automatically increase the obligation of the Surety on this
Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent
(25%) of the original amount of this bond without the consent of the Sm:ety.
Ordinance No. 18-__
127
Page 22 of24
Rev 1/15
Within forty-five (45) days ofreceiving notice that the Principal has defaulted on all or part of the
terms of the Agreement, the Surety shall make a written commitment to the City that it will either:
(a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount
necessary for the City to remedy the default, including legal fees incurred by the City, or ( c) in the
event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the
City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to
interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has
elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced
in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety
elects option (b ), then upon completion of the necessary work, the City shall notify the Surety of its
actual costs. The City shall return, without interest, any overpayment made by the Surety and the
Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond
amount. Should the Surety elect option ( c ), the Parties shall first complete participation in mediation,
described in the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at least four hours of
mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation.
The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue,
Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the
mediation.
DATED this_ day of ______ , 20_.
CORPORA TE SEAL OF PRINCIPAL:
Ordinance No. 18-__
128
CLEAR WIRELESS LLC:
By:
Its
(Name of Person Executing Bond)
(Title)
(Address)
(Phone)
Page 23 of24
Rev 1/15
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the
within bond; that who signed the said bond on behalf of the Principal, was
__________ of the said Corporation; that I know his or her signature thereto is
genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
CORPORATE SEAL OF SURETY:
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
Ordinance No. 18-
129
Secretary or Assistant Secretary
By:
Surety
Attorney-in-Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
Page 24 o/24
Rev 1/15
I-' I w
0
(" .. -~ ~-,
Exhibit A
,f-5 BI.LtL-r.:.f'.
APPROVAL BLOCK
S8E MlllUl5tlON -
I.ANO USE IIS', DIITla clea r w·re®
RF•-€NGICEER CIIITE
CCIIISIRUCTIOK MGR.
PRW',IQTION W<ll
11\lE
DIITE
Site Number: WA·TAC392-C
Site Name: DASH POINT ROAD
'lANlll.OftD -DRAWING INDEX
SHEET CONlEIHS REV
TO! llTLE SHEET 0
N01 GENERAL lt01ES 0 coo S11E SURVEY (BY OlHERS) 0 co, OVERALL & ARCHllECtURAL SITE PLAN 0
COl.1 ARCHITECTURAL SllE PLAN 0
CO2 ENLARGED SllE PLAN & aEVAllON 0
C03 EQUIPMENT ACC£SSORY BUILDING DETAILS 0
C03.1 CONSTRUCTION DETAILS 0
C03.2 CONSTRUCTION DETAILS 0
C03.3 CONSTRUCTION DETAILS 0
C04 ANlENNA DETAILS 0
E01 ELECTRICAL, GROUNDING PLAN & DETAILS 0
e~1~):,NOTE: .
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SYMBOLS & ABBREVIATIO NS! UTILITY CONTACTS
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SUITE: 300
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VICINITY MAP
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122·20' 111.75" W
351,7 FEET,11151.
SCOPE OF-
PROJECT INFORMATION
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GENERAL NOTES
1, M.l. CONSUUJCTION. NiD tll.\TERIAL.S SHALL CQMP\.Y WITH THE "lNl£RNtl.110Wll
BUU.011.C CODE 2.QOJ." ANO 'SKA.Li l.lEET OR OCEEO TI-I£ STRJCT(R OF
APPL/6\0I.£ r;ourffr CODES N-.D R[(iUL.1,TIONS. LATCST EOITIONS,
'Z. IJ•,rremll.S, CA81H'ETS AND CO/l)UAL. GABL£ ::iKALL BE f'ROYIOW s·, Cl.lEUT
CONTRACTOR SHALL" COQROtNAlC SD1E0Ul£ OF DELIVERY TO AVOID DaA'i'S:.
J. 0/\W,Gt T(l AU UTH.ITIES, u.ND. DRIVEWAY AArJIS iUID PROP.£1:U'I' OF' O~HEAS,
OISJURBEO OURltlC car~SfRUC'TIOo't, SHAU. SE RE"JUiiNED TO 1HE ~
COt,IQJTkl.'4 AT lH( COl.lPI.EllQN Of WORK.
4 . COHJR}.QOR $HAU, COORO INA.T£ W,Jti 111£ LOCAl. f>O'NtR N40 TELE.PtiONE
UUUTlfS N<ID T~E CONSTRUCT.ON w.:.NJ\CEJI T(l CQNFIRM THE-50URc:E OF
SE1N1c£. FRKJR TO !NSTI.U.ATION QF" CONDUlfS.
5. EXISTrNC \JEGETATJQN NiO Q&lGAH IC 1.1.\TERIIIL.S ~1-W..l 8£ Fi.OIDYED fR0t4 lHE
CONCRETE P.\D AREA. ALL SUE TO OESIGN EL.£V4TU)"f ~,'CLEAN. SANDY 5011.
CO~PI.GT UNOER. CCIU~RETE PJ.O TO oar.am NOT LESS rHAN 85~ Of TH£
~0DlF1E0 P~CTOR IJA~JMUM ORY orns11r roR 'SOIL lti ACCOfml\NCE 'i-llrn
ASI~ 0557,
6~ RECiRAO!:: .AAOUNO P,'.O AS REOWiEO 10 AJ.J.JM MAX1~1V-"' J-Of PAO
Tff\CKNE:SS , ElC.lENDll'iG ABOVE GRADE,
1. 1U. WOR,C SHAU. 8E OOHE 5Al1SE'ACTCRY IN A PJl:OfESSIDl'W... YIOJMMANlu<E
PJ#IWER. sua.JfC.t TO Qif5f'ECJ10.\f DURING Tt1E CONSlRUC.TIOH At.lO Fll'UL
MJP~N.. B"t fHC COHSTRUCT"*J MANAGul.
fl. H~Y SUBSIITUliQNS OF UlllERI.A.S, EQl . .hPMEttr Ori ALl'fRATIOiS FROU l'ti[
f'LAHS ANO/OR SPIEQflGA.1'10tiS Sti"'-L B( .O.PPllO'<IED &Y TNE 'CONSTRUCDOtri w.r.w.at
!;I. COLOR Stl.ECltOti SHAU. BE COC)RDINAT(O watt CON5TRUCTIQN. fAANAC(R.
10, CONJ'R"-CTM SH~ VERIFY Dl'STIIIIC. CQNDlnOHS MO DIIJENSJONS Jir.D BRING
[)J.SCfl:EPMltlES TO THE ATT&ITIDtl OF CUNSfRUCTIOH W,w;fR,
11. CONTRACTO. Sli/,U COHTACr SUBSURFACE lKIUIY LOCI\TOR fall £XI.CT
lOCAll:lfl OF" EICl::mt4C tmlJTl£S. PR IOR TO CIJMMEfilCEIIE.NT Of CONSlRuCn.lJ.I
ACT1\lfT£S. CONtMCr<>R ~I,. VCRif'r E)IISllftC UTILITY LOCATIOCIIS BY llcSf PO",
AS H[ceiSAAV, EXA.CT L(JC.\T\OJrl Of omma SttO'l'l'N 0~ P1..AN Aft£
APPR(JlCaJliTE' &. FOR PI.ANHltiG flURP05£5 ONl.l'.
12 C(ltURA.Cfai SHAU. OOCUM!NT [HE "IIS BULlr LOCAllO~S Of ~ BIJR!EO
ununES, INCLUOINC POWER, GROut.WlHG, ETC.,1 ..
13. CONTR,U:TQR SHALL SECURE THE NECESSARY F,£Rl111'S flJR THIS PROJECT
FROM ,.t(,L APPUC~ ~C:i:itU.tENT i\GEHCIES. CDNYRACTOR SHA.Li 9E
R(SF'0NS18LE FOR /t811)1,\'C' av J.LL TkE CCINDn10:-ts ANO REQUIRf.t.ol.Erf[S or
lHE PERl.liiS,
14. TOWER ANO TQUER fOUt~TIONS ~ ~t,,j FOi; IU.US1lWWE FOIWO!.et
ONLY,
\$. COIUR.\CTOR SHM.l vtSrr Tt£ FflOIECT Silt 10 VIEW ALL COtiOfDCl«S PRtOR
TO SUOMlnM-1(; eio. NlY CH,AN.GES OURINC CONSl'RUCT1CN DUE ro Ml
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142
COUNCIL MEETING DATE: February 20, 2018
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Authorization to apply for FY 2019 King County Conservation Futures Funds
ITEM#:
POLICY QUESTION: Should the City Council authorize staff to apply for the FY 2019 King County
Conservation Futures Funds?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 5, 2018
CATEGORY:
D Consent D Ordinance D Public Hearing
D City Council Business D Resolution D Other
STAFF REPORT BY: Tony Doucette, P.E., SWM Project En gineer ft> DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated February 5, 2018 .
Options Considered:
1. Authorize staff to apply for FY 2019 King County Conservation Futures Funds.
2. Do not authorize staff to apply for FY 2019 King County Conservation Futures Funds and provide
direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the February 20, 2018 Council
Consent Agenda for appr val.
\-"ZM-'~
lnflial/Da!e
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 20, 2018 consent agenda for
approval.
Mark Koppang, Committee Chair Jesse Johnson, Committee
Member
Hoang Tran, Committee
Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the application for FY 2019 King
County Conservation Futures Funds.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -12/2017
143
COUNCIL BILL#
15T reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 5, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use and Transportation Committee
Jim Ferrell, Mayor 11.fL '-~
Marwan Salloum, P.E., Public Works Director ~
Tony Doucette, P.E., SWM Project Engineer 17>
Authorization to apply for FY 2019 King County Conservation Futures Funds
BACKGROUND:
Conservation Futures Tax levy (CFT) funds are available annually through King County's Conservation
Futures Program for financial assistance purchasing land to be preserved as open space. The City's
Surface Water Management (SWM) Division has successfully applied for funds to acquire high value
riparian and aquatic habitat in the West Hylebos watershed and intends to continue conservation property
acquisition in the East Hylebos watershed. Target properties for acquisition are identified on the attached
map.
SWM staff applied for FY 2018 CFT funds for acquisition of targeted parcels in the East Hylebos
watershed and was awarded $1,000,000. On June 20, 2017, City Council approved the 2017 SWM CIP
Update which included the CFT required match of $1,000,000 for FY 2018 CFT Funds. With FY 2018
CFT funds and the City's match, the total FY 2018 funding available for conservation property
acquisition is $2,000,000.
SWM staff is requesting authorization to submit an application for Fiscal Year (FY) 2019 CFT funding in
the amount of $1,000,000 for the purpose of acquiring a portion or all of the identified parcels on the
attached map. These funds are available for both the sale price and for use in performing due diligence on
the properties. A 100% match is required for all funds received which would result in a total purchase
and due diligence amount of up to $2,000,000 for FY 2019.
CFT funds support SWM's conservation efforts but do not provide funding for maintenance of the
property. Active use of the property as public trails or parks is not in accordance with the identified end
use, however passive use may be considered to be allowed. In addition, conservation of the property
includes demolition of any structures remaining on the acquired parcel.
Unlike previous applications, matching funds are not included in the SWM CIP and SWM funds are not
available to provide the needed match budget for this project. However, it is anticipated by Forterra, the
City's consultant, that private funding, state grants, or other yet to be identified funding will be available
for the required match at the time CFT funds are awarded. Should funding not become available, any
funding awarded under the 2019 CFT funds would be returned to King County.
CFT funding applications are due March 7, 2018. If FY 2019 CFT funds are awarded and matching
funds obtained, the total amount available for conservation property acquisition including FY 2018 funds
would be $4,000,000.
cc: Project File
144
A
CB
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WDFW
City of Federal Way FY 2019 East Hylebos CFT Acquisition Figure 1 - Site Map
MapDate: February 2018City of Federal Way33325 8th Ave SFederal Way, WA. 98003(P)(253)-835-7000(W)www.cityoffederalway.com
Legend
2019 CFT Acquisition
City Limits
Sc
a
l
e
:´0 1,000500
Feet
1 inch = 420 feet This map is intended for use as a graphical representation only.The City of Federal Way makes no warranty as to its accuracy.
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