01-05-2021 Council Packet - RegularCITY OF
Federal
Way
CITY COUNCIL
REGULAR MEETING AGENDA
**AMENDED AGENDA**
Remote Meeting
January 5, 2021 — 6:30 p.m.
Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in -person meetings are prohibited until further
notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting:
• Watch the meeting live via Federal Way YouTube Channel
• Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782
• Public Comment may be submitted via email here, or sign up to provide live comments here
• Zoom meeting code: 363 503 282 and passcode: 738163
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. AWC Retro Pool Refund — Peter King and Brian Bishop of AWC
b. Mayor's Emerging Issues and Report
• Eyes on Federal Way App — Launched December 15
• COVID-19 Vaccine Update — Emergency Manager Ray Gross
• Paint the Plow Recap — EJ Walsh. Public Works Director
• MILK Jr. Celebration
c. Council Committee Reports
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Land Use/Transportation Committee (LUTC)
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Regional Committees Report (PIC)
• Council President Report
4. PUBLIC COMMENT
Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request form (found
here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3
minutes each.
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
r
b. Downtown Staircase — Prolect Acceptance
C. SW Dash Point Road at 47Lh Ave SW Compact Roundabout — 85% Design Rep
y . W • 134
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f. Lakota Middle School Safe Routes to School 85% Design Status Report and
Authorization to •'
• � ! r • i � "!' • ;• is •'' • ' a -
h. Award Concrete Beveling Services - Trip Hazard Removal Contract
6. COUNCIL BUSINESS
1 '-•, i • T�i • i r • •
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First .• •
i , i . • iit' S-wee,41 Lirtit• Srikriewilmevit
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
SPEED LIMITS; AMENDING FWRC 8.30.020, 8.30.030, 8.30.040; AND ADDING A
NEW SECTION TO FWRC 8.30. (AMENDING ORDINANCE NOS. 90-29, 92-145, 93-
177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, AND 17-832)
Staff Report: Rick Perez, City Traffic Engineer
Public Comment — 3 minutes each
City Clerk reads Ordinance Title
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
WIRELESS COMMUNICATION FACILITIES; REPEALING AND REPLACING
FEDERAL WAY REVISED CODE CHAPTERS 4.23 (SMALL WIRELESS
DEPLOYMENT), 4.24 (ELIGIBLE FACILITIES REQUESTS —FEDERALLY REQUIRED
REVIEW PERIODS), AND 19.256 (WIRELESS COMMUNICATIONS FACILITIES) IN
THEIR ENTIRETY; REVISING CHAPTER 4.22 (FRANCHISE FOR USE OF RIGHT-
OF-WAY); AND ADDING NEW CHAPTER 19.257 (ELIGIBLE FACILITIES
REQUESTS). (REPEALING ORDINANCE NO. 20-890, 20-833, 19-862, AND 18-850
AND AMENDING ORDINANCE NOS. 17-833, 18-863, AND 18-851)
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
Staff Report: Desiree Winkler, Deputy Public Works Director
Public Comment — 3 minutes each
City Clerk reads Ordinance Title
c. Council Bill 797: Comprehensive Plan Amendment/Rezone
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING
THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP,
AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE
PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE
OF 5.48 ACRES LOCATED EAST OF PACIFIC HWY AND SOUTH OF THE
REDONDO HEIGHTS PARKAND RIDE, PARCELS 720480-0172, 720480-0174 AND
720480-0165 FROM HIGH DENSITY RESIDENTIAL (IRS 7.2) TO MULTIPLE
FAMILY (MF 1800).(AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330,
00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558,
09-614, 10-671, 11-683,
13-736, 13-745, 15-796, 15-798, 18-843 AND 19-866)
Staff Report: Doc Hansen, Principal Planner
Public Comment — 3 minutes each
City Clerk reads Ordinance Title
8. COUNCIL REPORTS
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The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
CITY OF
Feera
(i,��l
CITY COUNCIL
REGULAR MEETING AGENDA
Remote Meeting
January 5, 2021 — 6:30 p.m.
Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in -person meetings are prohibited until further
notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting:
• Watch the meeting live via Federal Way YouTube Channel
• Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782
• Public Comment may be submitted via email here, or sign up to provide live comments here
• Zoom meeting code: 363 503 282 and passcode: 738163
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. AWC Retro Pool Refund — Peter King and Brian Bishop of AWC
b. Mayor's Emerging Issues and Report
• Eyes on Federal Way App — Launched December 15
• COVID-19 Vaccine Update — Emergency Manager Ray Gross
• Paint the Plow Recap — EJ Walsh. Public Works Director
• MLK Jr. Celebration
c. Council Committee Reports
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Land Use/Transportation Committee (LUTC)
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Regional Committees Report (PIC)
• Council President Report
4. PUBLIC COMMENT
Please email comments to COUNCIL@citvoffederalway.com or complete a citizen comment request form (found
here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3
minutes each.
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes — December 1, 2020 Regular and Special Meeting Minutes; Summary 001
December 15, 2020 Special Meeting — Legislative Breakfast I
b. Downtown Staircase — Project Acceptance
Dash Point itr• at 47Lh Ave SW CompactRoundabout • % Design '`if
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6. COUNCIL BUSINESS
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7. ORDINANCES
First Reading
a. Council Bill #795: School Speed Limit Ordinance Amendment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
SPEED LIMITS; AMENDING FWRC 8.30.020, 8.30.030, 8.30.040; AND ADDING A
NEW SECTION TO FWRC 8.30. (AMENDING ORDINANCE NOS. 90-29, 92-145, 93-
177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, AND 17-832)
Staff Report: Rick Perez, City Traffic Engineer
Public Comment — 3 minutes each
City Clerk reads Ordinance Title
b. Council Bill 796: Amendments to the Federal Way Revised Code (FWRC)
Chapters 4 and 19 related to Wireless Telecommunication Facilities
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
WIRELESS COMMUNICATION FACILITIES; REPEALING AND REPLACING
FEDERAL WAY REVISED CODE CHAPTERS 4.23 (SMALL WIRELESS
DEPLOYMENT), 4.24 (ELIGIBLE FACILITIES REQUESTS - FEDERALLY REQUIRED
REVIEW PERIODS), AND 19.256 (WIRELESS COMMUNICATIONS FACILITIES) IN
THEIR ENTIRETY; REVISING CHAPTER 4.22 (FRANCHISE FOR USE OF RIGHT-
OF-WAY); AND ADDING NEW CHAPTER 19.257 (ELIGIBLE FACILITIES
REQUESTS). (REPEALING ORDINANCE NO. 20-890, 20-833, 19-862, AND 18-850
AND AMENDING ORDINANCE NOS. 17-833, 18-863, AND 18-851)
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
Staff Report: Desiree Winkler, Deputy Public Works Director
Public Comment — 3 minutes each
City Clerk reads Ordinance Title
c. Council Bill #797: Comprehensive Plan Amendment/Rezone
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING
THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP,
AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE
PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE
OF 5.48 ACRES LOCATED EAST OF PACIFIC HWY AND SOUTH OF THE
REDONDO HEIGHTS PARKAND RIDE, PARCELS 720480-0172, 720480-0174 AND
720480-0165 FROM HIGH DENSITY RESIDENTIAL (IRS 7.2) TO MULTIPLE
FAMILY (MF 1800).(AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330,
00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558,
09-614, 10-671, 11-683,
13-736, 13-745, 15-796, 15-798, 18-843 AND 19-866)
Staff Report: Doc Hansen, Principal Planner
Public Comment — 3 minutes each
City Clerk reads Ordinance Title
8. COUNCIL REPORTS
9. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
i
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WAV" 0113 1J."WH 10
i,UBJECT: CITY COUNCIL MEETING MINUTES
ITEM
POLICY QUESTION: Should the City Council approve the draft minutes for the December 1, 2020 Regular and
Special Meetings and the draft summary of December 15, 2020 Special Meeting — Legislative Breakfast?
grin3wo
CATEGORY:
* Consent [I Ordinance El Public Hearing
* City Council Business El Resolution El Other
STAFF REPORT BY: Stephanie C _Step C ------------ - . . ....
h City DEPT: Mayor's Office
wairmlig M. -- A 2-
1. Approve the minutes as present
2. Amend the minutes as necessal
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council
Initial/Date Initial/Date
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented.
(BEL 0 W TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
11 APPROVED COUNCIL BILL #
13 DENIED First reading
El TABLED/DEFERRED/NO ACTION Enactment reading
13 MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 412019 RESOLUTION #
oly OF
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•
REGULAR MEETING MINUTES
Remote Meeting
December 1, 2020 — 6:30 p.m.
City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember
Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar.
3. PRESENTATIONS
a. Eyes on Federal Way Launch
IT Director Thomas Fichtner provided background on the city's new software application
(app) which was discussed by Mayor Ferrell during his State of the City address early this
year. The app will be launched on December 15 and available on both android and apple
phones.
incivaing mentu A
selecting it for Federal Way
He provided a preview of how the mobile app and the desktop version will display and
showcased some of the options citizens would use.
Mayor Ferrell thanked Mr. Fichtner and his team for the hard work on this project. City
Vk#Y;-IiciIm---mI4ers ?,ls# tX-rAkei St?X ?A4 2sVe� v2aius cl,2rifoAg i;uesti,#xs reg2r#I tWN--
new software and its capabilities.
Federal Way City Council Regular Minutes Page I of 9
December 1, 2020
Mayor Ferrell noted he is proud of his office and the work they have done to disperse
grant money to the Federal Way restaurants who have closed their indoor dining after
a new round of restrictions was put into place by Governor Inslee. He noted within one
week the city was able 1odistribute $40O.00Otoaid over 8Orestaurants that had been
previously awarded $1.00Oand $2.QOOgrants.
Policy Advisory Bill \/adinowas pleased toreport onthe new "Shop Local" marketing
campaign inconjunction withMleGr8a&Federa|VVaxChamberofCommerCe.Hehae
placed signs in the community and is urging community members to support the local
businesses.
Commerce Shelter Grant Update
Community Services Manager Sarah Bridgeford provided an update on shelter
Reminder: December 15City Council Meeting Canmded
Mayor Ferrell reminded everyone the second meeting in December is canceled for
staff and elected officials to take time off, in accordance with the Council Flu|ea of
Procedure and as has been historically done. He noted ensm01e meeting with the
2021 state legislators and the City Council will be scheduled in December to review
the legislative priorities.
Mayor Ferrell was pleased to report on a successful and well -attend Facebook Live
was involved and took time to participate.
The downtown iSdecorated fortheholidays. Due toCOY|[}restrictions there was not
an official community tree lighting event, howeverthe tree and snowflake lights|ighbnQ
South 320th Street are on and create a festive atmosphere. He thanked the Public
Works orevvo for their hard work and efforts in this regard.
reported the December meeting is canceled.
Land Use/Transaort6tion Comrnittee_(LUTC)- Chair Baruso stated the next meeting would bca�
December 7 at 5:00 p.m. via Zoom.
Finance, Economic Develooment Reoional Affairs Committee (FEDRAQ: Chair TnonnO1ed
Deputy Chief Neal made an informative presentation on the police overtime budget; he
thanked Chief Hvv@nQ and Deputy Chief Neal for the information. He noted the December
committee meeting iscanceled.
: Chair Auysefo-C)axvooncorrected information given
o10previous meeting. She noted there was omeeting held onNovember 18.and the next
meeting scheduled inDecember may be canceled due 1Qlack ofaquorum.
Federal Way City Council Regular Minutes Page of
Regional Committees Report (PIQ,,� Councilmember Moore had no report.
IN I to KNQ 2 LOOP 1 V Lit
are important to the community.
The City Clerk read a letter from James Taylor thanking the City for the CARES Act Funding
received. I
I nal,
WE"
I I I WI q I Al ftei I RM MR N L -7miaM
follows:
a. Minutes: November 17 Regular and Special Meetings
b. Vouchers — October 2020
C. Monthly Financial Report — October 2020
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
21119U���
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
-.dditional $667,660 in CDBG-CV funds for a total of $1,100,282 in Community
Development Block Grant COVID-19 funding.
T R
funded services must have a documented connection to COVID-19.
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stability, childcare for school -aged children, and financial recovery.
Ms. Bridgeford stated following Council consideration the projects will be funded after
HUD approval in January. Project timelines will 'be shorter due to the connection to
Federal Way City Council Regular Minutes Page 3 of 9
December 1, 2020
Council• Ms. Bridgeford and the Human Services Commissionfor • r'
and asked questions regarding the moratorium on evictions and how many Federal
Way households are at risk.
Citizen Comment
I peasm.1115 Irm I tITTY u0se i 5 lem Rw*t*
Staff • commissioners for•, work.
• 1 1 1 1 : - • • r • i : - •
•• • r -list• •a •. r• • • •71
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
i
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
County.. Jail, Puyallup . i . ..'1 • Yakima County
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OMEN
• - •- •: i- -i i ':• • • •
the cost per •-•
The Chief i noted the facility itself is in closeproximity to the city, which allows
officers a shorter• • : • and puts them back into the community•iSCORE
provides - i more than 40 other municipalities• • Bellevue,
Federal Way City Council Regular Minutes Page 4 of 9
December 2020
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ir-drr• •• "• �' r i �- • • •• - • . •
services it has available to those housed.
questions
Council thanked Chief Hwang for the information he presented and asked clarifying
of • Director
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The motion passed unanimously follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
..- of • • -• of .i` . `•
• s • • i t •. `• • . • •
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
City Attorney Ryan Call provided an overview of this case. Mr. Call noted the plaintiff's
off
Council President Honda
yes Councilmember Craft yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Baruso
yes Councilmember Kochmar yes
Councilmember Tran
yes
is i ` • + • :- • ..
Federal Way City Council Regular Minutes Page S of 9
December 1, 2020
Council thanked Mr. Vadino and Mr. Flygare for the work on this and asked clarifyin'l-
questions regarding the legislative session.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED 2021 STATE
LEGISLATIVE AGENDA; • MOORE SECOND. The motion passed unanimously
as •
Council President Honda
yes Councilmember Craft yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Baruso
yes Councilmember Kochmar yes
Councilmember Tran
yes
SEMEE19=1
EM
deceased. Arson fires in 2019 and 2020 left the interior of the house destroyed and the
building unsecured. The City boarded the house in September 2020 and with no response
I
Trom the owners, the City initiated demolition process.
The winning bid for the demolition is $29,502.11 and is within department budget
limitations. The City will •' a lien ♦ the property to ♦ the expense, should the
property be sold.
5011 am I I I! I I! I I! 1 1!1! R11111 1!111r. • ZMEM=
• PRESIDENT HONDA MOVED `• • THE PROPOSED AGREEMENT AND
•` THE MAYOR TO EXECUTE SAID AGREEMENT; COUNCILMEMBER MOORE
SECOND. The motion passed ♦ as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
First • Second Reading
a. Council Bill #794 ORDINANCE: 2020 BudaA��tAdi���pproved
Ordinance No. 20-900
Finance Director Ade Ariwoola provided the presentation on this budget
adjustment for the 2019/2020 budget which includes a second COVID-1 9 Grant
from the State for $1,467,600. The appropriation of this month was allocated to
Public Works, IT Equipment, FW Public Schools, Finance budget software, and
local business •
meeting.
Federal Way City Council Regular Minutes Page 6 of 9
December 19 2020
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Athendment/Approved Ordinance No. i • i
AN ORDINANCE OF THE CITY OF FEr ,
RELATING TO TRANSPORTATION IMPACT AMENDING.,
(Amending Ordinance Nos.•' • 1 • •` and16-822)
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
c. Council Bill #791 ORDINANCE: Federal Wa Link Exfqhs�ibh AlfgfAting Kin
IlApproved Ordinance No. 20-902
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
APPROVING , CHANGE TO THE FEDERAL
PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
FEDERAL WAY AND SOUND TRANSIT.
- • • . i i i i. • •'
• : . , . • , r , ... • , • • . HE%
i
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
d. Council Bill #792 ORDINANCE 2021-2022 Biennial Budget) p rove
Federal Way City Council Regular Minutes Page 7 of 9
December 1, 2020
Ordinance No. 'I
AN ORDINANCE OF OF rERAL WAY, WASHINGTON,
RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2021-2022
BIENNIAL BUDGET.
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Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Councile. • ORDINANCE: • Propedylax Lpn lApproved
Ordinance No. / 'ij
AN ORDINANCE OF ■ERAL WAY, WASHINGTON,
RELATING TO FIXING THE PROPERTY• •R THE YEAR OF
2021.
- •ii I i . • i i — • i is
• -=1 1_,'a,r. • • — •• •. —• • .•
Council President Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Baruso yes
Councilmember Tran
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
yes
CouncilmemberAssefa-Dawson had no report. She thanked the Mayor and staff on the
budget.
Councilmember Baruso noted this was a great meeting and also thanked the Mayor and staff for
working collaboratively on budget. - •. everyone to support the local businesses and
restaurants, and to please remember to wear your mask in public.
Councilmember Tran feels the passage of the budget is a win -win and wished everyone a Merry
Christmas i Happy Holidays.
Councilmember Moore extended thanks to the staff for a good budget process; he feels th%,
community is happy with this outcome. He supports the Shop Local Initiative and attended ths.
Mayor's virtual meeting. He thanked Community Services Manager Sarah Bridgeford and the Humar
Services a • - for all of - . • work during these difficult
• —• Rom'.FIC• •• • . • '.i-i • • •• i 1•••.
Federal Way City Council Regular Minutes Page 8 of 9
December 1, 2020
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Council President Honda agreed tonight was a great meeting, she thanked everyone and askeroj
people support local stores. She extended a Happy Holidays to all and is looking forward to a bright
2021.
Mayor thanked the Council and staff for all their work, he noted the Legislative Breakfast meeting will
I -
&I the last meeting of the year.
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Federal Way City Council Regular Minutes Page 9 of 9
December 1, 2020
cily OF
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CITY COUNCIL
SPECIAL MEETING MINUTES
Remote Meeting ,
December 1, 2020 — 5:00 p.m.
ION
Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember
Leandra Craft, and Councilmember Linda Kochmar.
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Plan. In 2014 the Bike and Pedestrian Plan was expanded to attract potential users and t
Greenway concept began.
lim, olaii6ii MINIMUM 9
Mr. Medlen spoke regarding the benefits of non -motorized transportation in the downtown
..........
Federal Way City Council Special Minutes Page I of 2
December 1, 2020
advocacy group Leafline Coalition. He noted a walkable environment allows people to interact
with more businesses and activities with fewer trips.
Ms. Mullen provided information on projects which have been competitive in receiving grant
funding, as the projects tie in regional connectivity. She also provided more details on
completed projects, current projects and upcoming projects.
intersection are analyzea ano not every area wouia qua I y.,• weverr-a-ale N-IMM
traffic and not further impact traffic negatively.
Council thanked Public Works staff for the presentation and asked clarifying questions
regarding funding and school zone safety.
Public Comment:
- C-2
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district sees the benefits of a trail but the plan does present concerns for the safety of
students at Federal Way High School.
who serves on the nonmotorized committee for this project, expressed
that he believes Federal Way is behind in the area of non -motorized infrastructure when
compared to some other cities.
Wane Carlson shared his excitement for these plans. He also concurred that there is a
lack of non -motorized accessibility within the City.
a. Potential Litigation Pursuant to RCW 42.30.1 10(l)(i)
At 5:55 p.m. Mayor Ferrell announced the Council would be recessing into Executive.
Session for the purpose of discussing issues related to potential litigation pursuant tf
RCW 42.30.11 0(1)(i) approximately thirty minutes.
Attest:
Stephanie Courtney
City Clerk
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Federal Way City Council Special Minutes Page 2 of 2
December 1, 2020
CITY OF
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CITY COUNCIL
SPECIAL MEETING SUMMARY
WITH 30TH DISTRICT STATE LEGISLATORS
REMOTEMEETING
Tuesday, December 15, 2020 - 8:00 a.m.
City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember
Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Leandra Craft,
Councilmember Martin Moore, and Councilmember Linda Kochmar.
State Legislator's in attendance: Senator Claire Wilson, Representative Jesse Johnson, and
Representative Elect Jamila Taylor.
Mayor Ferrell excused Councilmember Tran as he was unable to attend this meeting.
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Senator Claire Wilson, Representative Jesse Johnson and Representative Elect Jamila Taylor
each spoke to their overall goals and priorities for the upcoming legislative session.
a. COVID-19 Humanitarian Relief discussion led byCouncilmembersAssefa-Dawson and
Craft.
b. COVID-19 Business Support discussion led by Council President Monda.
c. Expansion of Broadband Internet discussion led by Councilmembers Craft and Moore.
d. Veterans discussion led by Council President Honda.
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I Community Programs discussion led by Councilmember Assefa-Dawson and Ifloore—
h. Transportation discussion led by Council President Honda and Councilmember Baruso
i. Aircraft Issues discussion led by Councilmembers Assefa-Dawson & Baruso.
Pluribus Unum—"Out of Many, One." discussion led by Mayor Ferrell with the
participation of Council President Honda and all City Councilmembers.
Federal Way City Council Special Minutes Page I of 2
Legislative Breakfast - 2021
December 15, 2020
k. Other Issues
Councilmember Kochmar noted she is working with Federal Lobbyist Ehren Flygare to
locate funds, potentially through the Great American Outdoors Act, to convert park fields
into artificial turn in order to get more usage and profitable.
Councilmember Assefa-Dawson spoke about equity policies and indicated she would
like to better serve those who have been formally incarcerated.
Dr Tarnmy Ca!bpb6l] thanked the city of their ongoing support and partnership of the Federal Way
School District including the $100,000 of funds for hot spots to enable access for students. She
remote learning.
Becca Martin from the Chamber of Commerce of Federal Way expressed pleasure at two of ti
legislators sitting on the economic development board working to create jobs in the south Pug
Sound area. She voiced continued support of the city and the school district. i
Cynthia F�cks-MaccqWn noted the ongoing work by the Youth Violence Program run by C
Franciscan that works to provide services to the youth and scholars of Federal Way. As they a
unable to get out and interact with the youth during this time they continue to work with King Coun
Public Health and ten non-profit organizations to provide services.
6athony Hernstat, Legislative Advocate for South King Fire and Rescue (SKFR), thanked the City
of Federal Way for the great partnership and the legislature for their support of the fire districi
initiative.
Council President Honda left the meeting at 9:13 a.m.
71T, 17-4 IT
Attest:
Stephanie Courtney
City Clerk
Federal Way City Council Special Minutes Page 2 of 2
Legislative Breakfast - 2021
December 15, 2020
COUNCIL MEETING DATE: January 5,2021 ITEM #: 5b
AUMAMMEM
SUBJECT: DOWNTOWN STAIRCASE — PROJECT ACCEPTANCE
POLICY QUESTION: Should City Council accept the Downtown Staircase project as complete?
COMMITTEE: Land Use & Transportation MEETING DATE: December 7, 2020
CATEGORY:
[Z Consent Ordinance Public Hearing
Ej City Council Business D Resolution Other
STAFF REPORT BY: Christine Mullen, P.E.,. Senior Capital Engineer I DEPT: Public Works — Capital Projects
F
Options Considered:
1. Authorize final acceptance of the Downtown Staircase project constructed by R.L. Alia, Inc., in the
amount of $2,607,386.31 as complete.
2. Do not authorize final acceptance of the Downtown Staircase project as complete, and provide
direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City
Council consent agenda fg"pproval.
# ' " ' #�
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval,
Greg Baruso, Committee Chair" Martin Moore, Committee Member Hoang T'ran—,,Committee Member
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Downtown Staircase project
constructed by RL. Alia, Inc. in the amount of$2,607,38631 as complete.
(qqO W TO BE COMPLETED BY CITY CLERK'S OFFICg)
COUNCIL ACTION:
■APPROVED COUNCIL BILL #
DENIED First reading
■TABLED/DEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 2/2020 RESOLUTION N
oil 8 NO 9-1-B Ity,"NIZE I
ME
I
FROM: E.J. Walsh, P.E., Public Works Director
Christine Mullen, P.E., Senior Capital Engineer
SUBJECT: Downtown Staircase — Project Acceptance
financiaLlmpacts:
This is the acceptance of construction as complete, and therefore no additional funds are
proposed to be spent as part of this agenda item.
BachUound, Information:
This project constructed a staircase with an ADA-accessible ramp at the extension of 21st
Avenue S at S 316th Street.
Prior to release of retainage on a Public Works construction project, the City Council must
accept the work as complete to meet State Department of Revenue, State Employment Security
Department, and State Department of Labor and Industries requirements. The Downtown
Staircase project constructed by R.L. Alia, Inc. is complete. The final construction contract
amount is $2,607,386.31. This is $269,532.79 below the $2,876,919.10 (including contingency)
budget that was approved by the City Council on February 19, 2019.
U42MEM
COUNCIL MEETING DATE: January 5,2021 ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S-1� DASH POINT RD AT 47TH AVE S`,4 COMPACT ROUNDABOUT — 85% DESIGN REPORT &
AUTHORIZATION TO BID
11"OLICY QUESTION: Should City Council authorize staff to bid the SW Dash Point Rd at 47th Ave S
Compact Roundabout project and return to the LUTC and Council for bid award, further reports, and
aut1torizM&wt?
COMMITTEE: Land Use & Transportation MEETING DATE: December 7, 2020
CATEGORY:
Consent Ordinance F-1 Public Hearing
City Council Business El Resolution 0 Other
STAFF REPORT BY: Christine Mullen, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects
Attachments: 1. Land Use & Transportation Committee Memorandum dated December 7, 2020
Options Considered:
1. Authorize staff to bid the SW Dash Point Rd at 47th Ave SW Compact Roundabout project and
return to the LUTC and Council to award the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City
Council consent agenda for, approval.
MAYORAPPROVAIA DIRECTOR APPROVAL
" 0 C041101ec/ "-7 ' cAnce ® / InitialfDate
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval.
V CA rn, I 4f V
Grez Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
TROPOSED COUNCIL MOTION: "I move to authorize staff to bid the SW Dash Point Rd at 47th Ave SK'
Compact Roundabout project and return to the LUTC and Council to award the project to the lowest
responsive, responsible bidder. "
(BELOW TO �BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
1-1 APPROVED
COUNCIL BILL #
El DENIED
First reading
TABLEDIDEFERRED/NO ACTION
Enactment reading
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 2/2020
RESOLUTION #
AUX-GA-9-MMUM
008 00 ILIA h"VVE00 OR IBUV =
I 1000011-76MI11
TO: Land Use & Transportation Committee
VILA: Jim Ferrell, Mayor
4
FROM: E.J. Walsh, P.E., Public Works Director
Christine Mullen, P.E., Senior Capital Engineer
SUBJECT: SW Dash Point Rd at 47th Ave SW Compact Roundabout — 85% Design Report &
Authorization to Bid
Ftnantiiil ljupg�:
The cost to the City for the SW Dash Point Rd at 47th Ave SW Compact Roundabout projeo
was included within the approved budget under the Public Works Department, Capital Projects
306 Fund, Project 217. In accordance with the approved budget, this item is funded by a federal
safety grant in the amount of $685,000 and $15,000 in Miscellaneous/Transfers.
Upon completion of the project, ongoing costs associated with operations and maintenance will
be performed and funded through streets maintenance. Funding requirements for operations and
maintenance of infrastructure is reviewed and adjusted as required during the budget process.
BAtUr0Ujq("hhjh1g�fi11:
This project will construct a compact roundabout at the intersection, storm drainage
improvements, and illumination improvements.
The following provides a brief synopsis of the progress on the project to date. Currently, the
project design is approximately 85% complete, which includes the following tasks:
• Topographic Survey
• Project Design to 85%
• Utility Coordination
• NEPA Approval
• SEPA Application
• Public Outreach
*ngoing Tasks Include:
• Project •
Design to 100%
• Contract Specifications
• SEPA Approval
• Channelization Plan Approval
December 7, 2020
Land Use and Transportation Committee
SW Dash Point Rd at 47th Ave SW Compact Roundabout — 85% Design Report & Authorization to Bid
Page 2
Proiect Costs:
Estimated EXDenditures
Design $ 175,00
2021 Construction Cost $ 660,00
10% Construction Contingency $ 66,00
Construction Management/Inspection I
Total Project Costs $1,030,00
Available Fundin
Grant (Federal) 815,000
City Funds (Transf S 15,000
Total Available Budget $ 830,000
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After receiving bids, the total project costs will be refined and presented to the Committee and
Council for bid award authorization. Staff anticipates bidding this project in early 2021.
Construction is anticii•ated to starf in SLixing 2021 with an estimated substantial comLidetion date
in Fall 202 1.
COUNCIL MEETING DATE: January 5,2021 ITEM #: 5d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: P,J,.CIFICVNFY SVO
POLICY QUESTION: Should the City Council authorize staff to proceed with the design of the Pacific Hwy S
Non -Motorized Corridor project and return to the LUTC and Council at 85% design completion for further
reports and authorization?
COMMITTEE: Land Use & Transportation MEETING DATE: December 7,2020
CATEGORY:
E Consent 0 Ordinance El Public Hearing
0 City Council Business 0 Resolution I] Other
STAFF REPORT BY: Christine Mullen, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects
Attachments: 1. Land Use& Transportation Committee Memorandum dated December 7,2020
Options Considered: I
1. Authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project
and return to the LUTC and Council at 85% design completion for further reports and
authorization.
2. Do not authorize staff to proceed with this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City
Council consent agenda for approval.
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iiiiiI)Daw Initial/Date
Er rt�tai,°i'Y 4�� 01 llcoundfl
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval.
Greg Baruso, Committee Chair Martin Moore, Committee Member __qoang_Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Pacific Hwy S
Non-Mbtorized Corridor project and return to the L UTC and Council at 85% design completion for further
reports and authorization. "
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13 APPROVED COUNCIL BILL #
13 DENIED First reading
1:1 TABLED[DEFERRED/NO ACTION Enactment reading
El MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 2/2020 RESOLUTION #
Au A-BAWAUM
MO § 00 KIM IM1000 1XIM0 =
VL4,: Jim Ferrell, Mayor
FROM: E.J. Walsh, P.E., Public Works Director
Christine Mullen, P.E., Seniotcapio
Vital E6
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The cost to the City for the Pacific Hwy S Non -Motorized Corridor project was included within
the approved budget under the Public Works Department, Capital Projects 306 Fund, Project
219. In accordance with the approved budget, this item is fianded by a $550,000 federal STPUL
grant, a $725,000 federal CMAQ grant, and $265,000 in Traffic Impact fees and REET funds.
Upon completion of the project, ongoing costs associated with operations and maintenance will
be performed and funded through streets maintenance. Funding requirements for operations and
maintenance of infrastructure is reviewed and adjusted as required during the budget process.
BitIckground Itifbirmation:
This project provides a non -motorized shared -use path along the Pacific Highway S corridor,
from S 308th Street to S 288th Street. The improvements will consist of a path, that for portions
of the alignment will be located within the right-of-way along 16th Ave South, including 2
segment located within the partially unopened right-of-way along 16th Ave S, north of Dash
Point Rd. The improvements will include pathway surfacing, it grading, storm water
The following provides a brief synopsis of the progress on this project to date. Currently the
project design is approximately 30% complete, which includes the following completed tasks:
• Topographic Survey
• Alternatives Analysis
• Project Design to 30%
• WSDOT Coordination
Ongoing tasks include
* Utility Coordination
• On-line Open House
• Right -of -Way Plan Preparation
• Preliminary Contract Specifications
• Project Design to 85%
• NEPAJSEPA Application & Approval
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December 7, 2020
Land Use and Transportation Committee
Pacific Hwy S Non -Motorized Corridor — 30% Design Report
Page 2
PrL oject —Costs:
Estimated Exnenditures
Design $ 775,000
Right -of -Way (2021-2022) $1,100,000
Construction (2024) $5,085,000
10% Construction Contingency $ 508,500
Construction Mgmt & Inspection $ 931�500
Total Project Costs $8,406,000
Available Fundin
Grant (Federal - STPUL)
$ 550,000
Grant (Federal — CMAQ)
$ 725,000
Real Estate Excise Tax (REET)
$ 231,557
Traffic Impact Fees
$ 33,443
Total Available Budget
$1,540,000
Projected Budget Shortfall: - $6,866,000
As the design proceeds, estimated costs will be refined. The City has one pending grant
application for partial construction funding and will continue to pursue grant ftinding
opportunities for the proposed improvements.
COUNCIL MEETING DATE: January 5,2021 ITEM #: 5e
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 314Tu ST IMPROVEMENTS — 30% DESIGN REPORT
I' OLICY QUESTION: Should the City Council authorize staff to proceed with the design of the S 314th St —
Improvements project and return to the LUTC and Council at 85% design completion for further reports and
authorization?
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VATTI I 7=J—K1-T`J—ec Mem`6777 7,71WI
CATEGORY:
M Consent Ordinance El Public Hearing
El City Council Business Resolution 11 Other
STAFF REPORT BY: Christine Mullen, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects
Attachments: 1. Land Use& Transportation Committee Memorandum dated December 7,2020
Options Considered:
1. Authorize staff to proceed with the design of the S 314th St Improvements project and return to
the LUTC and Council at 85% design completion for further reports and authorization.
2. it not authorize staff to proceed with this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City
Council consent agenda for approval.
I li h oil 0 ftm
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval.
Grqg Baruso, Committee Chair Martin Moore, Committee Member 1-10ang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the S 314th St
Improvements project and return to the LUTC and Council at 85% design completion for further reports and
authorization. "
COUNCIL ACTION:
0 APPROVED
COUNCIL BILL #
0 DENIED
First reading
C1 TABLED/DEFERRED/NO ACTION
Enactment reading
C3 MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 2/2020
RESOLUTION
A I A
kVA HENVA a I ME ff-- I NO 11 0
VIA: Jim Ferrol, M�yor
E.J. Walsh, P.E., Public W6rks Directr 1Pq141-1--
FROM: o
ChriAhe Millen, PI., Sol& Coito1 E�Vneer
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This project was included in an Octo er 2019 udget amendment under the Public Works
Department, Capital Projects 306 Fund, Project 223. In accordance with the approved budget,
this project is Rinded by a $300,000 state grant.
1 UN141 M-JON4 IMADJE I oil M-11 U I
13A&around Iti6mation:
This project provides street improvements to bring this roadway to current City roadway
standards, including curb and gutter, sidewalks, illumination, storm improvements, and street
trees.
The following provides a brief synopsis of the progress on this project to date. Currently the
project design is approximately 30% complete, which includes the following completed tasks:
• Topographic Survey
• Project Design to 30%
Ongoing tasks include
* Utility Coordination
• Right -of -Way Plan Preparation
• Preliminary Contract Specifications
• Project Design to 85%
• SEPA Application & Approval
Proiect Costs:
tst6441xPenditur"
Design $ 300,0
Right -of -Way Acquisition (2024) $1,660,0
Construction Cost (2025) $2,400,0
10% Construction Contingency $ 240,0
Construction Management/Inspection $ M00
Total Project Costs $4,900,011
December 7, 2020
Land Use and Transportation Committee
Pacific Hwy S Non -Motorized Corridor — 30% Design Report
Page 2
Available Fundin
Grant (State) $ 300,000
Right -of -Way Donation by City L��
Total Available Budget $ 1,130,000
As we proceed with the design, costs will be ffirther refined. This project is being designed and
then will be shelved until additional ftinds are available. Having a fully designed project
increases our competitiveness in applying for grant funds for the right-of-way and/or
construction phase.
COUNCIL MEETING DATE: January 5,2021 ITEM #-. 5f -
NUM41=0113011k,
SUBJECT: LAKOTA MUDDLE SCHOOL SAFE ROUTES TO SCHOOL 85% DESIGN STATUS
VIEPO
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
M Cos QOrdinance
E] City Council Business Resolution
STAFF REPORT BY: Jeff Huynh, Capital Engineer
t:�
MEETING DATE: December 7,
2020
Public Heariaip
Other
DEPT: Public Works
Options Considered:
1. Authorize staff to complete the design and bid the Lakota Middle School Safe Routes to School and
return to the LUTC and Council for bid award, further report, and authorization.
2. Do not authorize staff to proceed with this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option I be forwarded to the January 5, 2021 Council
Consent Agenda for approval.
0
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COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the January 5, 2021 consent
agenda for approval.
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Ga�g Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution.
...... . ..... . . ..... . ............. === ---- ------- -
... ... ..... - ------ .... . ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
El APPROVED COUNCIL BILL #
■DENIED First read■ing
TABLED/DEFERREDINO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE ft
REVISED - 11 /2019 RESOLUTION #
DATE: December 7, 2020
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Directo
Jeff Huynh, Capital Engineer
SUBJECT: Lakota Middle School Safe Routes to School — 85% Design Status Report and
Authorization to bid
FINANCIAL IMPACTS:
The cost to the City for Lakota Middle School Safe Routes to School at SW Dash Point Road
Project was included within the approved budget under the Public Works Department, Capital
Project #204. In accordance with the approved budget, this item is ftmded by a federal Safe
Routes to School grant in the amount of $1,350,000.00 and a Washington State grant from the
Transportation Improvement Board in the amount of $500,000. Upon completion of the project,
ongoing costs associated with operations and maintenance will be performed and fimded through
streets maintenance. Funding requirements for operations and maintenance of infrastructure is
reviewed and adjusted as required during the budget process.
�■! 1 1maalmga,
This project provides an 8' sidewalk, planter strip, bicycle lane and street lights on the south side
of SW Dash Point Road from 21s' Ave SW to SW 312th St. Upgrade existing pedestrian
crossings and curb ramps at 2 Is' Ave SW to current ADA standards. Extend reduced -speed
school zone through the SW 312th St intersection.
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:
• Topographic Survey
• Utility Coordination
• NEPA Application
• Preliminary Contract Specifications
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Ongoing tasks include:
• WSDOT Channelization Plan Approval
• NEPA Approval
• Lakehaven Interlocal Agreement
• Project Design to 100%
• Final Contract Specifications to 100%
December 7, 2020
Land Use and Transportation Committee
Lakota Middle School Safe Routes to School 85% Design Status Report and Authorization to bid
Page 2
Design (by City Staff) $ 170,000.00
2021 Construction Cost $1,385,000.00
10% Construction Contingency $ 138,500.00
Lakehaven Bid Schedule & Project Admin Costs* $ 750,000.00
Construction Management (bv-Qtv Stalh 156,500.00
Estimated Total Project Costs $2,600,000.00
*30% estimate
Proiect Available Fundin
Grant (Federal — City Safety Selections) $1,350,000.00
Grant (State-TIB) $ 500,000.00
Lakehaven Water & Sewer District $ 750.000.00
Total Available Budget $2,600,000.00
After receiving bids, the total project costs will be refined and presented to the Committee and
Council for bid award authorization. Staff anticipates bidding this project in March 2021
(pending WSDOT approvals). Construction is anticipated to start in Spring 2021 with an
estimated substantial completion date in Fall 2021.
COUNCI L MEET ING DATE Ja nuary 5,2021 ITEM #: 5 or
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AUTHORIZATION To ACCEPT GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT
PROJECTS
POLICY QUESTION: Should City Council authorize acceptance of transportation grant funding?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 7, 2020
CATEGORY:
0 Consent Ordinance Public Hearing
F I El City Council Business F Resolution Other
, STAFF REPORT BY: Rick PerezP.E_, City T al" Engineer DEPT: Public Works
11 1 11 I 1 11 1, "1 - r _ , . .... ..... . . ..
Attachments: 1. Staff Report
Options Considered:
1. Accept the proposed transportation grant funding.
2. Do not accept the proposed transportation grant funding and provide direction
to staff.
77 MAYOR APPROVAL.:
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval.
3reg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
l!ROPOSED COUNCIL MOTION: "I move to accept the proposed transportation grantfund
MELO W TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
El
APPROVED
COUNCIL BILL 9
DENIED
First reading
TABLED/DEFERRED/NO ACTION
Enactment reading
El
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 4/2019
RESOLUTION #
au A-BANNO-M
00 6 NO KIM ItIff.11WAZE IN Igo =
MKI
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Rick Perez, P.E., City Traffic Engineer
SUBJECT: Authorization to Accept Grant Fundingfor Transportation Improvement A�
FINANCIAL IMPACTS:
This prpject.. the S 2W sii4eet — 16' Ave S to 34`� Ave S is in the proposed 2021/2022 budget. This
project has been awarded grant funding of $2,000,000.00 from the Transportation Improvement
Board. The project will be designed in 2021-2022, complete right-of-way acquisition in 2022-2023,
'rW -v 'y -tn , •-ad' -i --1•'1;
ik4in-202a—Staff is-L-ursuing additional L--&iaL&din-j*isjwcm i -i&r. orb revuired
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matching funds of $1,500,000.00. Currently the match is scheduled to be funded out of the
Transportation Capital Fund (306) which averages $2.OM per year of revenue from real estate excise
tax (REET) and traffic impact fees (TIF).
City Council approved applying for this TIB grant in July 2020.
The S 288"' Street — 16111 Ave S to 30' Ave S project will modify the 4-lane roadway into a 3-lane
roadway (one travel lane each direction And a 2-wq center torn lane) with bicycle laftes. In ad i ton,
sidcw�" and curb iamps will he modified to provide iuVrpved access. The traffic sival at S 288t"
and Military Road will need to be replaced to provide for the bicycle lanes and curb ramps. Minor
right-of-way acquisition will also be required at the comers of 288th/Military Road.
Q, 28W' Street — 16" Ave S to 34" Ave S
(Design, Right-of-way, Construction)
6M
COUNCIL MEETING DATE: January 5,2021 ITEM#: 5h
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
1i11111111 E11111 i, ii I � i 11 11• ii F I
POLICY QUESTION: Should city council award the Concrete Beveling — Trip Hazard Removal Contract to the
lowest responsive, responsible, bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE* December 7, 20QI:
:41�
Z Consent 0 Ordinance Public Hearing
E] City Council Business 0 Resolution Other
STAFF REPORT BY: Desire6 S. Winkler, P.E., Deputy Director DEPT: Public Works
Attachments: 1. Staff Report
Options Considered:
1. Award the Concrete Beveling — Trip Hazard Removal contract to Precision Concrete
Cutting, Inc., the lowest responsive, responsible bidder, in the amount of $35,000.00 and
authorize the Mayor to execute the contract.
2. Reject all bids for the Concrete Beveling — Trip Hazard Removal contract provide
direction to staff.
MAYOR'SWC6MMENWtON: Option 1.
DIRECTOR APPROVAL:
allwatc--
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval.
La—
OftBaroso, Committee Chair MartinMoore Committee Member mmittee Member
PROPOSED COUNCIL MOTION: "I move to award the Concrete Beveling — Trip Hazard Removal Contract to
Precision Concrete Cutting, Inc., the lowest responsive, responsible bidder, in the amount of $35, 000. 00 and
authorize the Mayor to execute the contract.
(BEL 0 W TO BE COMPL ETED B Y CITY CLERK'S OEFICE)
COUNCIL ACTION:
I] APPROVED COUNCIL BILL #
13 DENIED First reading
13 TABLED/DEFERRED/NO ACTION Enactment reading
13 MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
DATE: December 7, 2020
VILA: Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director',
FROM:
Desire6 S. Winkler, P.E., Deputy Public Works Director
SUBJECT: Award Concrete Beveling Services — Trip Hazard Removal Contract
FINANCIIAL LWACTS:
Funding for the Concrete Beveling Services — Trip Hazard Removal contract is included in the
'tol� budget for 2021/2022. Streets maintenance ftmding-consists of
general funds (utility tax, sales tax, property tax, etc.) and Motor Vehicle Excise Tax (MVET).
BACKGROUND INFORMATION:
The city is responsible for sidewalk maintenance. The city has on -going maintenance related to
uneven sidewalk surfaces that create trip hazards. These trip hazards are primarily a result of tree
roots heaving the panels. One way to correct these trip hazards is to saw or grind the "high" side
of the panel to be even with the adjacent panel.
11 11 1 i III I
wila �Jsml M
VIM, WC CSL1111ULU UVt;f ridt J.
Although city staff has the capabilities of completing this type of work, and will continue to do
so, the backlog is too much and the assistance of a contractor is needed. The city is prioritizing
the arterials in areas of highest pedestrian usage.
The city is taking advantage of state law, that allows public agencies to utilize another agencies
procurement process (aka. "piggyback") to retain the contractor to complete this work. Precision
Concrete Cutting, Inc., was selected by the City of Seattle through a competitive public works
procurement process as the lowest, responsive, responsible bidder to provide concrete beveling
trip hazard removal services through a Limited Public Works Contract. The city will enter into
its own limited public works contract with Precision Concrete Cutting, Inc. with the same bid
prices they provided to the City of Seattle. (see attached)
The limited public works contract will be for a not -to -exceed amount of $35,000.00. Scope ant
schedule will be agreed upon via task orders with work completed no later than December 3 1,
t-021.
BID OFFER SHEET
Page 1 of I
Revised 6/112020
City of Seaftle
Offer sheet reflects estimated quantities for each of the item(s) in a project. Bidders are
expected to identify ofimo unit cost for each item specified. The actual quantities may fluctuate
up or down. The unit phmaa identified by each proposer will remain firm and will not be
renegotiated if the estimated expenditure is not met orare exceeded. All unit pho*o shall include
all necessary overhead and pm8L The items identified in the cost proposal for the project include
all the items that will be paid on the project
Billing Units Services are billed in "Inch FeeV'.An inch foot is calculated by measuring the
average height ofthe sidewalk off -set and multiplying this average by the length of the cut.
Example: A sidewalk off -set an a 4-foot wide sidewalk that consists of a 0.5" rise on one side, and
tapers down toazero rise onthe other iscalculated am
follows:
t It is MANDATORY that you provide aUnit Price. If there is anerror between the Unit Price
and Extended Phoa. the City will correct the Extended Price.
2 The bid prices ohed| include and cover all dud*u, handling and transportation charges and all
charges incidental to the requested work excluding Sales Tax or Use Tax. Offer shall agree
to all City Contract Terms and Conditions without exception.
3. Du not merk, write-in or add any exceptions to the opaoifioadona, anhedu|e, terms or
conditions. Do not attach alternative boilerplate. Any such exceptions can invalidate your
Offer and the Buyer can reject your Bid.
4. If you make an error in typing your prices or any corrections to your Offer Submittal, you may
mark it h ink and initial the correction. If it is not marked in ink and or it is not initialled, the
Buyer may reject your bid. Do not use vvhhenu1
5 Price Changes h future contract years shall be h accordance with the specifications. Whol
sale and mark-up discount rates will not change through the life of the contract. Other ■pricee
changes are restricted ID the specifications stated h the solicitation and the contract.
ra Prompt Payment Discount — — 0 — % — 0— days. Note: Prompt payment discount periods
equal to or greater than 10 calendar days will receive consideration and bid pricing will be
reduced for evaluation by the amount of that discount
7 Interlocal Agreement: The City of Seattle has entered into Interlocal Agreements with other
governmental agencies pursuant ID RCW 39.34, h lieu of those agencies conducting a
separate competitive bid. Does Vendor agree ID provide this product or service to such
agencies?
Yes: No-
1T*T, W, t KiMe 5 a-zxw oi MIMUMMAMM'"
Specify the Job Classification and Hourly Wage Rate that is reflected in your Offer for labor
classifications that will perform the Services.
NUNN=
Concrete Eam Operator
I Do not 241 travel time as can additional charge. Billing hours will begin when workers arrive
at the jobsite.
a Was, 1'r W 1. 0 1- a I I
MAIR �01 rjL I&$ 111191m;Q411imil A I N is lei a n so .0
F-431THIZ1=90111 F,71K-72 IM417,d] M., suit I k,,Tr.itsizi#iLmi;!i
Full Leg
Signed I
Printed
Date: --5115118
COUNCIL MEETING DATE: January 5,2021 ITEM #: 6a
CITY OF FEDERAL WAY
Feffffyuaffl��
SUBJECT: S320TH ST FLAGPOLE RERABILITATION — PROJECT ACCEPTANCE
COMMITTEE: Land Use & Transportation MEETING DATE: December 7, 2020
CATEGORY:
Consent Ordinance Public Hearing
City Council Business F1 Resolution Other —
STAFF REPORT BY: John lev, P.E., Senior Capital Engineer DEPT: Public Works — Capital Projects
Attachments: Land Use& Transportation Committee Memorandum dated December 7,201.1
Options Considered:
1. Authorize final acceptance of the S320th St Flagpole Rehabilitation project in the amount of
$22,634.02 as complete.
2. Do not authorize final acceptance of the S320th St Flagpole Rehabilitation project as complete, and
provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the January 5, 2021 City
Council consent agenda for approval.
A #
MAYORAPPROVAL:
oninilkpc I E
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 5, 2021 consent agenda for
approval,
..... .... . . ......
PROPOSED COUNCIL MOTION: "I move approval offinal acceptance of the S320th St Flagpole Rehabilitation
project in the amount of $23,634.02 as complete.
COUNCIL ACTION:
11 APPROVED COUNCIL BILL #
El DENIED First reading
El TABLED/DEFERRED/NO ACTION Enactment reading
El MOVED TO SECOND READING (ordinances only) ORDINANCE 4
REVISED - 2/2020 RESOLUTION #
DATE: December 7, 2020
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director 41q1k1\__
John, Mulkey, P.E., Senior Capital Fugid rin
9'
This is the acceptance of construction as complete, and therefore no additional funds are
proposed to be spent as part of this agenda item.
BackgEoung Information:
This project constructed an in -kind replacement flagpole with a white powder coat finish
utilizing the existing foundation.
11fe-C-ify-U-5uncif must accept Lne worf-�.77777 �Nrltc—
State Employment Security Department, and State Department of Labor and Industries
requirements. The S320th St Flagpole Rehabilitation project is complete. The final amount
is$22,634.02. This is $127,365.98 below the $150,000 budget that was approved by the City
Council on March 17, 2020.
Mom
COUNCIL MEETING DATE: January 5,2021 ITEM #:
.. .... . ... .. .... . . . . .........
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPROVAL OF CONTRACT WITH VNF SOLUTIONS FOR FEDERAL LOBBYING SERVICES FOR 2021.
POLICY QUESTION: Should the City of Federal Way approve a contract with VNF Solutions for Federal
Lobbying Services for 2021?
CATEGORY:
0 consent
X City Council Business
9���Mlmlmwglv =1
Attachments: Staff Repo
Options Considered: I
Ordinance
Resolution
(1) Approve the contract.
(2) Disapprove the contract.
(3) Ask staff to redraft contract based on Council discussion.
3 1111 , •k I I # so #I
MAYOR APPROVAL: NIA -;�M
Conuniffee
InitiaUDate
COMMITTEE RECOMMENDATION: N/A
Public Hearing
Other
DEPT: Mayor's Office
11IRECTOR APPROVAL: N/A
InitiaUDate
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement and authorize the Mayor to sign
said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
11 APPROVED COUNCIL BILL #
DENIED First reading
TABLED/DEFERRED/NO; ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 12/2017 RESOLUTION #
MAO "510IMINUMM"I
DATE: January 5, 2021
TO: City of Federal Way City Council
VIA: Jim Ferrell, Mayor
FROM: Bill Vadino, Policy Advisor
SUBJECT: Staff Report Contracting with VNF Solutionsfior Federal Lobbyist
Services for 2021
This staff report discusses the Mayor's recommendation to contract with VNF Solutions for
Federal Lobbyist Services for 2021.
During the 2021-2022 budget process, there was a consensus of the Council, with concurrent
approval of the Mayor, to contract for federal lobbyist services for the year 2021.
This contract would give the City of Federal Way enhanced representation in Washington D.C.
to identify and advocate for funding for capital projects and other city initiatives. TINS
allocation in the budget is for $60,000 for 2021.
� 1
17 �641 =11 I r1mirkworl" M4
CITY OF CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
Federal Way (253) 835-7000
wwpv cilyoffederalway. com
PROFESSIONAL SERVICES AGREEMENT
FOR
Federal Lobbying Services
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and VNF Solutions, a Washington Corporation ("Contractor"). The City and Contractor (together
"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this
Agreement:
K%310113�1 �
Richard A. Agnew
1191 Second Avenue, Suite 1800
Seattle, WA 98101-2966
(206) 623-9372 (telephone)
(206) 623-4986 (facsimile)
raa(i�vnfcom
Mayor Jim Ferrell
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-2402 (telephone)
(253) 835-2409 (facsimile)
iim.ferrell(&,citvoffederalway.com
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the
date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any
event no later than December 31, 2021 in effect at the time those services are performed, performed to the City's
The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to
obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this
Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or
W_?V"WL
in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its
substantiality or the ease of its discovery.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other
party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if
the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of
this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future.
4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum
amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference.
The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible
for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment
under this Agreement.
hod of Pqy!pgg1. On a monthly basis, the Contractor shall submit a voucher or invoice in the for.0191
4.2
specified by the City, including a description of what Services have been performed, the name of the personnel performi
such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill up
completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have be
performed and within thirty (30) days following receipt and approval by the appropriate City representative of the vouch
PROFESSIONAL SERVICES AGREEMENT - I - Rev. 3/2017
CITY OF CUTY HALL
33325 8th Avenue South
4'S Federal Way, WA 98003-6325
AN Federal Way (253) 835-7000
www cityoffederalway cam
bLU11 VV94K Iffill LIM 70111K 111CCLb L11C 1C(9,J_11C111C11Ui *1 LIX
Agreement.
4.3 Noh���Atjori of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred
after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services
for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
k�� 10 1136170 tw [OKIN H13 10
5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by
any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising
from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance
of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify
the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent
and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of
any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial ffisuratide� Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
fourposes of this inderrmification. Contractor's indemnification shall not be limited in any way by any limitation on the
ilvA,ilib",
benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this
waiver.
5.3 Cjjy Iriddimfi&ation. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 Agreement to the extent solely caused by the negligent acts, errors, or omissions of
the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with
the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for
the duration of the AP-Teement and thereafter with respect to any event occuw,12 DTJf0r to sue't mwirztiisri sr te-siti-c2tirn. ?.s
M
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such fo
and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operatio
independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, prop
PROFESSIONAL SERVICES AGREEMENT -2- Rev. 3/2017 1
CITY OF CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
Federal Way (253) 835-7000
www cityoffederalway com
damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than
$1,000,000 for each occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the
laws of the State of Washington.
C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for
bodily injury, including personal injury or death, and property damage.
d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000
policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring
by reason of acts, errors or omissions of the Contractor.
6.2. No Idnift Of Liabilily. Contractor's maintenance of insurance as required by this Agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with
respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Co-#,tr,?.ctor's A.P.11 -tot contribute with-Contr,?ctor's insurzxce.
6.3. Additional hi���, Verifitatibm The City shall be named as additional insured on all commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of
insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At
the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of
premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to
maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project
completion and acceptance by the City.
10101111 NON V
be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the
Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of
any public records request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor
while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and
files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the
expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession
of Contractor shall be delivered to the City.
9. �qOO" AWO"$. The Contractor agrees to maintain books, records, and documents which sufficiently
and,ilrol ,2erly re-tect,7114irect and indirect costs related to the Derformance of the Services snecified
lal 06,
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audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to
monitor this Agreement.
I. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contracto]
r
that the Contractor has the ability to control and direct the performance and details of its work, the City being interest
only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor si
leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as
1r_
incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of i
employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize
r"ROFESSIONAL SERVICES AGREEMENT -3- Rev. 3/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
a cMyoffederahvay cam
13.3 Compliaitce w&J�g�. The Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions,
cegulation,-�- �ci* ,tandards and yolicies as now existing or hereafter amended, ado�Ited, or made effective. If a violation
of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this
Agreement, this Agreement may be rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted
in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for
under the terms of this Agreement 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. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or
more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
1 1511 1 �': i-1 r c :: and eff-e- e i: 0 J)reach--o�uilt-immediate ame iliall and-remain-b
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interpreted in accordance witb the laws, of the State ot"IT ashington. It the Parties are unable to settle any dispute, d0iterence
or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing
suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the
parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a
suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal
jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an
inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its
in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit
the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in
,?,-tv -tmitber of cou-iter-*arts. each of which shall be deemed an original and with the same effect as if all Parties hereto had
IN-011NIM., lima, "M 1141ialli I
ag yrow 11CLUM, A hildil V1 tj J;U 11rk;CNNULJ L91 P)1(4)(I SA; 61�,11MLIC U114- dUAL1%17T1C1-j;111CJ
from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement
and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have
executed a counterpart of this Agreement shall be the "date of mutual execution" hereof.
iffl�--- ��
.1 =M10 •I I
PROFESSIONAL SERVICES AGREEMENT -5- Rev. 3/2017
CITY Of
F6deral
MMEMEMIEM
VNF Solutions
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON)
ss.
COUNTY OF
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
M i 1111 1
UM
Notary's signature
Notary's printed name
Not Public in and for the State of Washington.
My commission expires
1•'ROFESSIONAL SERVICES AGREEMENT -6- Rev. 3/2OL7
CITY OF CITY HALL
4 33325 Sth Avenue South
'mw* Federal Way Federal Way, WA 98003-6325
(253) 835-7000
wwwcityoffedera3iway. com
EXHIBIT A
61"
L The Contractor shall do or provide the following: VNF Solutions (Contractor) will represent the City
of Federal Way as a federal lobbyist as defined by the Federal Legislative Agenda approved by the
Mayor and Federal Way City Council.
2. Lobbying is defined as attempting to pass, stop, or amend legislation as desired by the City, as well
as build a positive legislative presence for the City through face-to-face, written and electronic
communications with the appropriate people.
3. Specific duties include:
a. Attend meetings of the City Council, City Council committees, and with City personnel as
reasonably requested.
b. Complete in a timely and accurate fashion all forms and reports required of lobbyists by the
federal government and other applicable jurisdictions.
c. Work with Mayor or Mayor's designee to craft an annual Federal Legislative Agenda and keep
Mayor or Mayor's designee up-to-date on matters of interest to the City.
d. Provide correspondence and telephone or email updates to the Mayor or staff designee.
U&ISJOW �_# Q -7- Rev. 3/2017
F r d6�al � 6 mmy
-1 W.40,111,11811
CFTY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www0yoffederalwaycom
1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed $60,000 and 0/100 Dollars ($60,000.00).
2. Method of Compensation: In consideration of the Contactor performing the Services, the City agrees to
I-t,ay the Contractor an amount of Five Thousand and 0/100's Dollars ($5000.00) each month, payable by invoicry
from the Contractor on the 30' day of each month during the term of the agreement.
PROFESSIONAL SERVICES AGREEMENT -8- Rev. 3/2017
- - - - --------
SUBJECT: DISCUSSION REGARDING WORKING WITH OTHER SOUTH KING COUNTY CITIES ON HOUSING
ACTION PLANS
POLICY • To be determined • • by Council.
'CATEGORY:
1-1 Consent
E] City Council Business
STAFF REPORT BY: N/A
Attachments: 1. None
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: NIA
ITUrorkwivA.,
MEETING DATE: N/A
E] Ordinance 0 Public Hearing
E] Resolution Z Other
DEPT: N/A
..... --- ------
DIRECTOR APPROVAL: N/A
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to
at-s-k o,(Ny a4New
MA-
ir.�LLM
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
13 APPROVED COUNCIL BILL
El DENIED First reading
■ TABLED/DEFERRED/NO ACTION Enactment reading
■ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
P-7
COUNCIL MEETING DATE: January 5,2021 ITEM N: ia
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: SCHOOL SPEED LIMIT ORDINANCE AMENDMENT
POLICY QUESTION: Should the Council update code language on speed limits to address school zones?
COMMITTEE: Land Use / Transportation MEETING DATE: Dec. 7, 2020
WENTZirem-,
Consent Z Ordinance F Public Hearing
, -1
City Council Business 0 Resolution El Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works
........... I .............. ....... I ...... ...................... .. I ....... ......
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR's RE, COMMIial Date
AIENDi ION: Option �1
MAYOR APPROVAL: DIRECTOR APPROVAL:
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COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 5,
2021.
Gr9g_13aruso, Committee Chair Martin Moore, Committee Member ��ran, Committee Member
ITIRST READING OF ORDINANCE JANUARY 6,2021: "1 move to forward the proposed ordinance to the January
19, 2021 Council Meetingfor second reading and enactment. "
SECOND READING OF ORDINANCE JANUARY 19,2021: "1 move approval of the proposed ordinance."
(BEL 0 W TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
11 APPROVED COUNCIL BILL #
El DENIED First reading
El TABLED/DEFERRED/NO ACTION Enactment reading
11 MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2019 RESOLUTION #
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FROM: EJ Walsh, P.E., Public Works Director W—w
Rick Perez, P.E., City Traffic Engineer
SUBJECT: School Speed Limit Ordinance Amendment
Financia!lffipacts:
School speed limit sign installation and maintenance is included in Public Works Department Traffic Division
#1perating budget. This code amendment codifies existing practice, thus there is no financial impact.
Background Information:
extend the school speed limit to include SW Dash Point Road between 21st Avenue SW and SW 312th Street, consistent with
crosswalks used by students walking to Lakota Middle School. As part of the project review, since SW Dash Point Road is a
state hiihw on State De ment of Transg2ortation reouirej 0 ,iji N tWsrb**1 zone qtii
Washini
To correct this, the draft ordinance language adds a new section that provides the Public Works Director the authority to establish
school speed limits consistent with state statute. In reviewing the chapter, some language reflects outdated terminology, which
this draft ordinance would correct:
1. Replacing references to the State Highway Commission with the State Secretary of Transportation;
2. Replacing references to "IF.A.I. No. 5" with "Interstate
3. Replacing "curvation" with "curvature".
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
speed limits; amending FWRC 8.30.020, 8.30.030, 8.30.040; and adding
a new section to FWRC 8.30. (Amending Ordinance Nos. 90-29, 92-145,
93-177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807,
and 17-832)
WHEREAS, the state traffic laws regulating the speed of vehicles shall be applicable upon
all streets within the City, except that the legislative authority of the City, as authorized by state
law, may declare and determine by order, rule or regulation, properly adopted, that certain
increased or decreased speed regulations shall be applicable upon specified streets or in certain
areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the
speed so established when proper signs are in place giving notice thereof; and
WHEREAS, pursuant to RCW 46.61.415, whenever conditions are found to exist upon an
arterial street or highway that warrant an increase in the speed permitted by state law, the City
Council, subject to the approval of the Washington State Transportation Commission in cases
involving state highways, shall determine and declare a reasonable and safe maximum speed limit
for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour; and
WHEREAS, pursuant to FWRC 8.30.050, whenever it is deemed inadvisable for vehicles
to operate at the maximum speed allowed by state law on any portion of a street or public highway
on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous
condition, or other temporary or permanent cause, the City Council, subject to the approval of the
Washington State Transportation Commission in cases involving state highways, shall determine
and fix a lower
Ordinance No. 20- Page I of 9
Rev 2/19
maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum
speed be reduced to less than 20 miles per hour; and
WHEREAS, pursuant to RCW 46.61.440, it shall be unlawful for the operator of any
vehicle to operate the same at a speed in excess of twenty miles per hour when operating any
vehicle upon a highway either inside or outside an incorporated city or town when passing any
marked school or playground crosswalk when such marked crosswalk is fully posted with standard
school speed limit signs or standard playground speed limit signs; and the speed zone at the
crosswalk shall extend three hundred feet in either direction from the marked crosswalk; and
WHEREAS, pursuant to RCW 46.61.440, a county or incorporated city or town may create
a school or playground speed zone on a highway bordering a marked school or playground, in
which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per
hour; and the school or playground speed zone may extend three hundred feet from the border of
the school or playground property; however, the speed zone may only include area consistent with
active school or playground use; and
WHEREAS, this ordinance is in the interest of the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.30 of the Federal Way Revised Code is hereby amended to add a new
section 8.30.045 to read as follows:
Ordinance No. 20- Page 2 of 9
Rev 2/19
8.30.045 School Speed Limits.
The public works director, subject to the approval of the State Secretary of Transportation on state
highways, shall determine and establish school or playground speed zones consistent with criteria
established by state law.
Section 2. FWRC 8.30.020 is hereby amended to read as follows:
8.30.020 Increasing state speed limit.
Whenever conditions are found to exist upon an arterial street or highway which warrant an
increase in the speed permitted by state law, the city council, subject to the approval of the she
highway eenimissi n state Secretary of Transportation in cases involving state highways, shall
determine and declare a reasonable and safe maximum speed limit for such arterial street or
highway, or portion thereof, not to exceed 60 miles per hour.
Section 3. FWRC 8.30.030 is hereby amended to read as follows:
8.30.030 Decreasing state speed limit.
Whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state
law on any portion of a street or public highway on account of a sharp ewwa4ion curvature, highway
construction or repairs, excessive traffic, any dangerous condition, or other temporary or
permanent cause, the city council, subject to the approval of the State Highway r^mmissstate
Secretary of Transportation in cases involving state highways, shall determine and fix a lower
maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum
speed be reduced to less than 20 miles per hour.
Ordinance No. 20- Page 3 of 9
Rev 2/19
Section 4. FWRC 8.30.040 is hereby amended to read as follows:
8.30.040 Schedule.
The maximum speed limits set forth in the following schedule of speed limits are hereby
established as the reasonable and safe maximum speed limits to be effective at all times upon the
streets and highways designated in the schedule. The mayor shall cause appropriate signs to be
erected on such streets and highways, giving notice of the speed limits, as provided in this chapter.
(1) Speed limit 20 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 20 mph:
All internal park roads.
18th Place South, between South 341st Place and South 344th Street.
22nd Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest
334th Street.
22nd Court Southwest, between Southwest 333rd Street and cul-de-sac north of Southwest
333rd Street.
22nd Place Southwest, between Southwest 333rd Street and Southwest 334th Street.
23rd Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest
334th Street.
24th Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest
334th Street.
25th Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest
334th Street.
Ordinance No. 20- Page 4 of 9
Rev 2/19
26th Avenue Southwest, between 100 feet north of Southwest 333rd Street to end of road south
of Southwest 334th Street.
Southwest 333rd Street, between 22nd Place Southwest and 26th Avenue Southwest.
Southwest 334th Street, between 21 st Avenue Southwest and 26th Avenue Southwest.
(2) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 30 miles per hour:
9th Avenue South, between South 336th Street and South 348th Street.
11 th Place South, between South 320th Street and South 324th Street.
20th Avenue South, between South 312th Street and South 320th Street.
16th Avenue South, between South 356th Street and South 364th Way.
23rd Avenue South, between South 312th Street and South 324th Street.
South 304th Street, between Pacific Highway South and Military Road South.
South 317th Street, between 23rd Avenue South and 28th Avenue South.
South 324th Street, between 1 lth Place South and 23rd Avenue South.
South 364th Way, between 12th Avenue South and 16th Avenue South.
Southwest 356th Street, between 20th Avenue Southwest and Pierce County.
Milton Road South, between Enchanted Parkway South and South 372nd Street.
South 372nd Street, between Milton Road South and Milton Road South.
Milton Road South, between South 372nd Street and South 376th Street.
(3) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 35 miles per hour:
1st Avenue South, between South 296th Street and South 356th Street.
Ordinance No. 20- Page 5 of 9
Rev 2/19
12th Avenue South, between South 372nd Way and South 364th Way.
16th Avenue South, between South Dash Point Road and Pacific Highway South, and between
Pacific Highway South and South 348th Street.
loth Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest.
21stAvenue Southwest, between Southwest Dash Point Road and Southwest 356th Street.
28th Avenue South, between South 304th Street and South 317th Street.
South 288th Street, between Pacific Highway South and F.A.T.E). Interstate 5.
South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue
South.
South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.T. N
Interstate 5 and between 21 st Avenue Southwest and 47th Avenue Southwest.
South 336th Street, between lst Way South and Weyerhaeuser Way South.
Southwest 336th Street, between 21st Avenue Southwest and 26th Place Southwest.
Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest.
Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest.
South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser
Way South.
Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest.
South 348th Street, between 1 st Avenue and Pacific Highway South.
South 348th Street (State Route 18), between Pacific Highway South and 16th Avenue South.
South 352nd Street, between Pacific Highway South and Enchanted Parkway South.
South 356th Street, between 1 st Avenue South and 16th Avenue South.
Ordinance No. 20- Page 6 of 9
Rev 2/19
South 359th Street, between Pacific Highway South and 16th Avenue South.
South 373rd Street, between Pacific Highway South and South 372nd Way.
South 372nd Way, between 12th Avenue South and South 373rd Street.
Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County.
Redondo Way South, between South Dash Point Road and South 284th Street (if extended).
Southwest Campus Drive, between 1 st Avenue South and 21 st Avenue Southwest.
South Star Lake Road, between South 272nd Street and Military Road South.
Weyerhaeuser Way South, between South 320th Street and South 349th Street.
Southwest Dash Point Road (State Route 509), between Pierce County and 21 st Avenue SW.
(4) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 40 miles per hour:
South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of 1 st
Avenue South and between F. ^moo Interstate 5 and 1,000 feet east of Weyerhaeuser Way
South.
Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest.
Enchanted Parkway South (State Route 161), between South 348th Street and Milton Road
South.
Military Road South, F.A.I.o Interstate 5 at South Star Lake Road and F.A.I. No Interstate.
5 at South 307th Street (if extended).
Pacific Highway South (State Route 99), between South 304th Street and South 359th Street.
South and Southwest Dash Point Road (State Route 509), between 21 st Avenue SW and Pacific
Highway South.
Ordinance No. 20- Page 7 of 9
Rev 2/19
(5) Speed limit 45 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 45 miles per hour:
Military Road South, between South 320th Street and State Route 18.
Pacific Highway South (State Route 99), between South 272nd Street and South 304th Street.
(6) Speed limit 50 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 50 miles per hour:
Pacific Highway South (State Route 99), between South 359th Street and Pierce County.
Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Ordinance No. 20- Page 8 of 9
Rev 2/19
Section 8. 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 day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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.:
Ordinance No. 20-
Page 9 of 9
Rev 2/19
COUNCIL MEETING DATE: January 5,2021 ITEM #: 7b
CITY OF FEDERAL WAY
I
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SUBJECT: ORDINANCE: AMENDMENTS TO THE FEDERAL WAY REi CODE Q-WRC) TITLES 4 AND
19 RELATED TO WIRELESS TELECOMMUNICATION FACILITIES
r"OLICY QUESTION: Should City Council adopt amendments to Federal Way Revised Code Titles 4 and 19
related to wireless telecommunication facilities?
COMMITTEE: Land Use and Transportation Committee
X fff-i
consent E Ordinance 1:1 Public Hearing
City Council Business D Resolution El Other
STAFF REPORT BY: Desire6 S. Winkler, P.E., Deputy Director DEPT: Public Works
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
q
M
MAYOR APPROVA IRECTORAPPROVAL
; 4uvk -/ Injitial/Date 1.Li
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 5,
2021.
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Milo no KID OLVIAINizo IN 120 =
VIIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E. Public Works Director
Desire6 Winkler, P.E. Deputy Public Works Director
SUBJECT: Amendments to the Federal Way Revised Code (FWRC) Chapters 4 and 19 related
Wireless Telecommunication Facilities i
FINANCIAL IMPACTS:
The proposed code amendments will have no financial impacts on the city budget.
BACKGROUND INFORMATION:
Introduction
The demand for wireless telecommunication bandwidth and services has grown exponentially in
the past few years. Federal and state laws were adopted to facilitate rapid deployment of wireless
telecommunication facilities to meet the growing demand. In response to these new federal and
state laws, the city adopted code (both permanent and interim), to meet required timelines and
design standards.
Code Hjstor
y and Content
P24D W z
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Hmits (aka: "shot clocks") for wireless telecommunication application review.
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facilities.
December 7, 2020
Land Use and Transportation Committee
Amendments to FWRC Chapters 4 and 19 — Wireless Communication Standards
Page 2
Chapter 4.22 FWRC: Updated franchise application requirements and completeness
determinations and identified timelines for review of telecommunication and small
wireless facilities.
Chapter 4.23 FWRC: New section addressing small wireless permitting.
Chapter 4.24 FVi7RC: Updated timelines permitting new wireless communication
facilities.
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aesthetic standards for small wireless deployments.
The above regulations stemmed from the Regulatory Ruling, Order, and Regulation 85 FCC
51867 ("FCC Order") imposes limitations on the processing of all permits associated with the
deployment of small wireless facilities. The FCC Order was subject to multiple appeals, which
were consolidated before the Federal Ninth Circuit Court of Appeals. Oral argument for this
matter was heard in February 2020 with the Declaratory Ruling and Notice of Proposed
Rulemaking ("FCC Rules") issued in June 10, 2020. The city extended the interim codes to
provide enough time to review the FCC Rules and amend city code accordingly.
Proposed Amggdmg��
The proposed amendments will establish wireless communication facility permitting and design
standards and reorganize the code to consolidate all wireless facility standards into one title.
Original adoption of wireless telecommunication facility code separated the process for facilities
located on city property (right-of-way and city -owned property) (Title 4) from those located on
private property (Title 19). The proposed amendments provide consistency for all wireless
communication facility construction and removes conflicts between chapters.
A summary of the proposed amendments are as follows:
1) FWRC 4.22 Franchise for Use of Right -of -Way:
a) Removed Section 4.22.060: redundant section referring to application review timelines
outlined in Section 19.256.
2) FVv`RC 4.23 Small Wireless Deployment — Small Wireless Permits:
a) Refers to the small wireless requirements outlined in Section 19.256.
3) FVv`RC 4.24 Eligible Facilities Requests:
December 7,2020
Land Use and Transportation Committee
Amendments to FWRC Chapters 4 and 19 — Wireless Communication Standards
Page 3
a) Refers to the eligible facilities request requirements outlined in Section 19.257.
4) FVVRC 19.256: repealed and replaced. Consolidates all zoning, permitting, and design
standards for small wireless and major facilities located within or outside of the rights -of -
way.
5) FVvRC 19.257: New section for Eligible Facility Requests. Covers major and small wireless
facilities within •i outside • the rights -of -way.
The proposed amendments are primarily house -keeping items that re -organize the wireless
communication code to consolidate zoning, permitting, and design requirements into one
location and are updated • ensure consistency with federal and state law.
The proposed code amendments have been shared with industry soliciting feedback. In addition,
these code amendments have undergone SEPA review receiving a determination of non -
significance, were subject of a public hearing and review at the December 2, 2020 Planning
Commission meeting, and were provided to Washington State Department of Commerce as
Notice of Intent to Adopt land use regulations. As of the date of this memo, no comments have
been received. Any comments received will be shared and incorporated (if applicable) as part of
the council adoption process.
Planning Commission Public Hearing 12/02/2020
LUTC Review 12/07/2020
Council First Reading 1/05/2021
Council Second Reading and Enactment T, /19/2021 1
AN ORDINANCE of the City of Federal Way, Washington, relating to
wireless communication facilities; repealing and replacing Federal
Way Revised Code Chapters 4.23 (Small Wireless Deployment), 4.24
(Eligible Facilities Requests — Federally Required Review Periods), and
19.256 (Wireless Communications Facilities) in their entirety; revising
Chapter 4.22 (Franchise for Use of Right -of -Way); and adding new
Chapter 19.257 (Eligible Facilities Requests). (Repealing Ordinance
No. 20-890, 20-833, 19-862, and 18-850 and amending Ordinance Nos.
17-833, 18-863, and 18-851)
WHEREAS, in a constantly evolving industry, telecommunications providers are
beginning to utilize a new type of technology commonly known as "small cell" facilities (herein
"small wireless facilities") to implement higher bandwidths and increased demands for data;
WHEREAS, the Federal Communications Commission ("FCC") has issued rules and
regulations which limit local government's ability to regulate the deployment of small wireless
facilities, but which allows local governments to adopt regulations affecting the aesthetics and
design standards for small wireless facilities; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was added to
Title 19 FWRC pursuant to Ordinance No. 18-850 and established initial regulations related to
wireless facilities; and
WHEREAS, Chapter 1.9.256 FWRC was amended pursuant to Ordinance No. 19-862 to
incorporate interim zoning and design regulations regarding small wireless facilities, and these
interim regulations were renewed pursuant to Ordinance 20-883 and Ordinance No. 20-890; and
WHEREAS, the City has evaluated its existing wireless facilities regulations which govern
macro wireless facilities as set forth in Chapter 19.256 FWRC and eligible facilities requests set
Ordinance No. 20- Page 1 of 50
Rev 2/ 19
forth in Chapter 4.24 FWRC, and determined that changes are needed to address compliance with
FCC rules; and
WHEREAS, the City desires to repeal the entirety of the existing Chapter 19.256 FWRC
and replace it with a new Chapter 19.256 that (1) reaffirms the land use and zoning regulations for
major wireless facilities, (2) clarifies the application and review process for major wireless
facilities, (3) adopts land use and zoning regulations and design standards for small wireless
facilities and, (4) sets forth the application and approval process for small wireless facilities; and
WHEREAS, the City desires to add a new Chapter 19.257 FWRC establishing a
consolidated chapter for all regulations related to Eligible Facilities Requests as prescribed by
federal rules and regulations; and
WHEREAS, upon timely notice, the City undertook a State Environmental Policy Act
(SEPA) review of these wireless communication regulations and issued a Determination of Non -
Significance for this non -project action; and
WHEREAS, the Washington State Department of Commerce was provided a Notice of
Intent to Adopt the proposed regulations and the City received no comments on the same; and
WHEREAS, the proposed regulations went before the City of Federal Way Planning
Commission for review, discussion, and consideration. Upon timely notice, a public hearing was
held before the Planning Commission on December 2, 2020 and continued on December 16, and
subsequently, the Planning Commission issued a recommendation that the City Council adopt the
regulations as presented herein; and
WHEREAS, the based on careful consideration of the facts and law, including without
limitation the public testimony received, the Planning Commission's recommendation dated
Ordinance No. 20- Page 2 of 50
Rev 2/ 19
December 2, 2020, the Staff Report dated November 23, 2020, and records and files with the office
of the City Clerk, the Federal Way City Council finds that the proposed amendments attached and
incorporated herein should be approved as presented.
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Federal Way City Council finds as follows:
1. The above recitals set forth as "WHEREAS" clauses are hereby adopted as findings of fact in
support of the adoption of this Ordinance.
2. The amendments that are incorporated herein comply with the requirements of the Washington
State Growth Management Act and the City of Federal Way's municipal code.
Section 2. FWRC 4.22.060 of the Federal Way Revised Code is hereby repealed in its
entirety.
Section 3. Chapter 4.23 of the Federal Way Revised Code is hereby repealed and replaced
as follows:
Chapter 4.23 — Small Wireless Facilities located on City Property
4.23.010 Applicability.
Small wireless facilities, defined by FRWC 19.256.020, proposed to be located in the public right-
of-way or on publicly owned property are subject to the requirements established in Chapter
19.256 FWRC.
Section 4. Chapter 4.24 of the Federal Way Revised Code is hereby repealed and replaced
as follows:
Ordinance No. 20- Page 3 of 50
Rev 2/ 19
Chapter 4.24 — Eligible Facilities Requests located on City Property
4.24.010 Applicability.
Eligible Facilities Requests, defined by FWRC 19.257.020(1)(c), related to an existing tower or
base station located in the public right-of-way or on publicly owned property are subject to the
requirements established in Chapter 19.257 FWRC.
Section 5. Chapter 19.256 FWRC, approved through Ordinance 18-850 by City Council
on July 18, 2018 and associated interim amendments approved through Ordinance Nos. 19-862,
20-883, and 20-890 approved by City Council on January 9, 2019, January 21, 2020 and July 21,
2020 respectively, which established wireless communication facilities regulations are hereby
repealed in their entirety and replaced as follows:
Chapter 19.256
WIRELESS COMMUNICATION FACILITIES
Sections:
19.256.010
Purpose and Scope.
19.256.020
Exemptions.
19.256.030
Definitions.
19.256.040
Federal regulatory requirements.
19.256.050
Small wireless facility application process.
19.256.060
Small wireless facility application requirements.
19.256.070
Small wireless facility review criteria and process.
19.256.080
Small wireless facility permit requirements.
19.256.090
Small wireless facility modification.
19.256.100
Small wireless facility aesthetic, concealment, and design standards.
19.256.110
Designated design zones for small wireless facilities.
19.256.120
Major wireless communication facility application and review process.
19.256.130
Major wireless communication facility application requirements.
1.9.256.1.40
Prioritized locations for major wireless communication facilities.
19.256.150
Major wireless communication facility development standards.
1.9.256.160
Expiration of major wireless communication facility permit.
19.256.170
Nonconformance exceptions.
1.9.256.180
Temporary wireless communication facilities.
19.256.190
Collocation.
Ordinance No. 20- Page 4 of 50
Rev 2/ 19
19.256.200 Removal of facility.
19.256.210 Revocation of permit.
19.256.010 Purpose and Scope.
The purpose of this chapter, in addition to implementing the general purposes of the
comprehensive plan and development regulations, is to regulate the activities of permitting,
placement, construction and modification of wireless communication facilities in order to protect
the health, safety and welfare of the public while not unreasonably interfering with the
development of a competitive wireless telecommunications marketplace within the city.
This chapter provides permitting and review regulations as well as aesthetic, design and
concealment standards for the construction of wireless communication facilities both within and
without the public right-of-way. It also provides siting options at appropriate locations within the
city to support existing communications technologies, to adapt to new technologies as needed, and
to minimize associated safety hazards and visual impacts. The siting of wireless communication
facilities on existing buildings and structures, colocation of telecommunication facilities on a
single support structure and visual mitigation strategies are encouraged to preserve neighborhood
aesthetics and reduce visual clutter in the city.
1.9.256.020 Exemptions.
(1) Exemptions. The following antennas and facilities are exempt from the provisions of this
chapter and shall be permitted in all zones consistent with the applicable development standards
outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations:
(a) WCFs used for temporary emergency communications in the event of a disaster, or
emergency preparedness, and for any other public health or safety purpose, including, by way of
Ordinance No. 20- Page 5 of 50
Rev 2/ 19
illustration and not limitation, any communications systems utilized by first responders such as
police or fire.
(b) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC
19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop
appurtenances — Required screening.
(c) Citizen band radios or antennas operated by federal licensing amateur ("ham") radio
operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050,
Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances —
Required screening.
(d) Satellite dish antennas less than two meters in diameter, including direct -to -home satellite
services, when used as secondary use of the property; provided such antennas comply with all
applicable provisions of FWRC 19.110.050; Compliance generally; 19.110.060, Exceptions; and
19.110.070, Rooftop appurtenances — Required screening.
(e) Automated meter reading ("AMR") facilities for collecting utility meter data for use in the
sale of utility services, except for WIP and other antennas greater than two feet in length; so long
as the AMR facilities are within the scope of activities permitted under a valid franchise agreement
between the utility service provider and the city.
(f) Eligible facilities requests. See Chapter 19.257 FWRC.
(g) Routine maintenance or repair of a major WCF and related equipment excluding structural
work or changes in height, dimension, or visual impacts of the tower or support structure; provided,
Ordinance No. 20- Page 6 of 50
Rev 2/ 19
however, that compliance with the standards of this title is maintained and a right-of-way use
permit is obtained if the major WCF is located in the right-of-way.
(h) Temporary major WCFs for large scale community events, limited to the duration of
the event, plus two (2) days prior to the event and two (2) days after.
19.256.030 Definitions.
For the purposes of this chapter, the following terms shall have the meaning ascribed to them
below. Terms not defined in this section shall be defined as set forth in Chapter 19.05 FWRC:
"Antenna(s)" in the context of small wireless and wireless communication facilities and consistent
with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting
radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to
Federal Communications Commission ("FCC") authorization, for the provision of personal
wireless and any commingled information services. For the purposes of this definition, the term
"antenna" does not include an unintentional radiator, mobile station, or device authorized by 47
CFR Title 15.
"Antenna equipment," consistent with 47 CFR 1.1320(d), means equipment, switches, wiring,
cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, are mounted or installed at the same
time as the antenna.
"Antenna facility" means an antenna and associated antenna equipment.
"Collocation"
means:
(i) Mounting or installing an antenna facility on a preexisting structure; and/or
(ii) Modifying a structure for the purpose of mounting or installing an antenna
facility on that structure.
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"Concealment elements" means stealth techniques specifically designated as concealment
elements at the time of the original approval of the wireless facility for the purposes of rendering
the appearance of the wireless facility as something fundamentally different than a wireless facility
including but not limited to the use of nonreflective materials, appropriate colors, and/or a
concealment canister.
"Director" means the Public Works Director or designee.
"Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect
electronic or other associated equipment necessary for processing wireless communication signals.
"Associated equipment" may include, for example, air conditioning, backup power supplies, and
emergency generators.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level.
"Major wireless communication facilities" or "Major WCF" means a large wireless service facility
that provides radio frequency coverage for wireless services. Generally, major WCF antennas are
mounted on ground -based towers, rooftops and other existing structures, at a height that provides
a clear view over the surrounding buildings and terrain. Major WCF typically contain antennas
that are greater than three (3) cubic feet per antenna and typically cover large geographic areas
with relatively high capacity and may be capable of hosting multiple wireless service providers.
Major WFC include but are not limited to monopoles, lattice towers, macro cells, roof -mounted
and panel antennas, and other similar facilities.
"Personal wireless services" means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services.
"Service provider" shall be defined in accord with RCW 35.99.010(6). "Service provider" shall
include those infrastructure companies that provide telecommunications services or equipment to
enable the construction of wireless communications.
"Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1).
"Structure" means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service (on its own
or commingled with other types of services).
"Telecommunications service" shall be defined in accord with RCW 35.99.010.
Ordinance No. 20- Page 8 of 50
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"Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed
or authorized antennas and their associated facilities, including structures that are constructed for
wireless communication services including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services, and fixed wireless services such as microwave
backhaul and the associated site.
"Traffic signal pole" means any structure designed and used primarily for support of traffic signal
displays and equipment whether for vehicular or nonmotorized users.
"Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communication services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
"Unified enclosure" means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
"Utility pole" means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths.
"Wireless communication facilities" or "WCF" means facilities used for personal wireless
services.
"Wireline" means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
1.9.256.040 Federal regulatory requirements.
(1) These provisions shall be interpreted and applied in order to comply with the provisions of
federal law. By way of illustration and not limitation, any WCF that has been certified as compliant
with all FCC and other government regulations regarding the human exposure to radio frequency
emissions will not be denied on the basis of RF radiation concerns.
(2) WCFs shall be subject to the requirements of this Code to the extent that such requirements:
(a) Do not unreasonably discriminate among providers of functionally equivalent services; and
(b) Do not prohibit or have the effect of prohibiting wireless service within the city.
Ordinance No. 20- Page 9 of 50
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19.256.050 Small wireless facility application process.
(1) Applicability. Any application for a small wireless facility both inside and outside of the right-
of-way shall comply with the application requirements for a small wireless facility permit
described in this chapter. For small wireless facilities inside the right-of-way, the applicant must
also comply with the requirements pursuant to Chapter 4.22 FWRC. The small wireless facility
permits are issued by the Director.
(2) Completeness. An application for a small wireless facility is not complete until the applicant
has submitted all the applicable items required by FWRC 19.256.060 and, to the extent relevant,
has submitted all the applicable items in FWRC 19.256. 050(3) and the city has confirmed that the
application is complete. Franchisees with a valid franchise for small wireless facilities may apply
for a small wireless permit for the initial or additional phases of a small wireless facilities system
at any time subject to the commencement of a new completeness review time period for permit
processing.
(3) Application Components. The Director is authorized to establish franchise and other
application forms to gather the information required to evaluate the application from applicants
and to determine the completeness of the application as provided herein. The application shall
include the following components as applicable:
(a) Franchise. If any portion of the applicant's facilities are to be located in the right-of-way,
the applicant shall apply for, and receive approval of a franchise, consistent with the requirements
in Chapter 4.22 FWRC. An application for a franchise may be submitted concurrently with an
application small wireless facility permit(s).
Ordinance No. 20- Page 10 of 50
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(b) Small Wireless Facility Permits. The applicant shall submit a SWF permit application as
required in the small wireless facility application requirements established in FWRC 19.256.060
and pay the permit fee as set forth in the fee schedule which may be amended by City Council
from time to time.
(c) Associated Application(s) and Checklist(s). Any application for a small wireless permit
which contains an element which is not categorically exempt from SEPA review shall
simultaneously apply under Chapter 43.21C RCW and Title 14 FWRC. Further, any application
proposing small wireless facilities in a shoreline area (pursuant to Chapter 15.05 FWRC) or a
critical area (pursuant to Chapter 19.145 FWRC) shall indicate why the application is exempt or
comply with the review processes in such codes. Applications for small wireless facilities in design
zones or for new poles shall comply with the requirements in FWRC 19.256.100(5). Applications
for small wireless facilities in design zones or for new poles shall comply with the requirements
in FWRC 19.256.100(5).
(d) Leases. An applicant who desires to attach a small wireless facility on any utility pole, light
pole, or other structure or building owned by the city shall obtain a lease as a component of its
application. Utility poles and the use of other public property, structures or facilities, including but
not limited to any park land or facility, require city council approval of a lease or master lease
agreement.
19.256.060 Small wireless facility application requirements.
The following information shall be provided by all applicants for a small wireless permit.
(1) The application shall provide specific locational information including GIS coordinates of all
proposed small wireless facilities and specify where the small wireless facilities will utilize
Ordinance No. 20- Page 11 of 50
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existing, replacement or new poles, towers, existing buildings and/or other structures. The
applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power
connections necessary for and intended for use in the small wireless facilities system regardless of
whether the additional facilities are to be constructed by the applicant or leased from a third party.
The applicant shall provide detailed schematics and visual renderings of the small wireless
facilities, including engineering and design standards. The application shall have sufficient detail
to identify:
(a) The location of overhead and, to the extent applicable, underground public utilities,
telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment
within 50 feet of the proposed project area (which the project area shall include the location of the
fiber source and power source). Further, the applicant shall include all existing and proposed
improvements related to the proposed location, including but not limited to poles, driveways, ADA
ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area.
(b) The specific trees, structures, improvements, facilities, lines and equipment, and
obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and
a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
significant landscaping to be disturbed during construction. The applicant is discouraged from
cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the
applicant must comply with applicable provisions of Chapter 19.120 FWRC and Chapter 4.35
FWRC.
(c) The applicant's plan for fiber and power service, all conduits, cables, wires, handholes,
junctions, meters, disconnect switches and any other ancillary equipment or construction necessary
Ordinance No. 20- Page 12 of 50
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to construct the small cell facility, to the extent to which the applicant is responsible for installing
such fiber and power service, conduits, cables, and related improvements. Where another party is
responsible for installing such fiber and power service, conduits, cables, and related improvements,
applicant's construction drawings shall include such utilities to the extent known at the time of
application, but at a minimum applicant must indicate how it expects to obtain power and fiber
service to the small cell facility.
(d) A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if
the site location includes a new light pole.
(e) Compliance with the applicable aesthetic requirements pursuant to FWRC 19.256.100.
(2) The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. Such written approval shall
include approval of the specific pole, engineering and design specifications for the pole, as well as
assurances that the specific pole can withstand wind and seismic loads as well as assurances in
accordance with subsection (6), from the pole owner, unless the pole owner is the city. For city -
owned utility poles or structures, the applicant shall obtain a lease from the city prior to or
concurrent with the small wireless permit application so that the city can evaluate the use of a
specific pole.
(3) The applicant is encouraged to batch the small wireless facility sites within an application in a
contiguous service area and/or with similar designs.
(4) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the
proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency emissions
Ordinance No. 20- Page 13 of 50
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for every frequency at which the small wireless facility will operate. If facilities that generate RF
radiation necessary to the small wireless facility are to be provided by a third party, then the small
wireless permit shall be conditioned on an RF certification showing the cumulative impact of the
RF emissions from the entire installation. The applicant may provide one emissions report for the
entire batch of small wireless facility applications if the applicant is using the same small wireless
facility configuration for all installations within that batch or may submit one emissions report for
each subgroup installation identified in the batch.
(5) The applicant shall provide proof of FCC or other regulatory approvals required to provide the
service(s) or utilize the technologies sought to be installed.
(6) A professional engineer licensed by the state of Washington shall certify in writing, over his
or her seal, that construction plans of the small wireless facilities and structure or pole and
foundation are designed to reasonably withstand wind and seismic loads as required by applicable
codes.
(7) A right-of-way work permit application as required by FWRC 4.25.030.
(8) Proof of a valid Federal Way business license.
(9) Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the structural safety of city -owned structures and to
formulate and publish application questions for use when an applicant seeks to attach to city -
owned structures.
(10) Such other information as the Director, in his/her reasonable discretion, shall deem
appropriate to effectively evaluate the application based on technical, engineering and aesthetic
considerations.
Ordinance No. 20- Page 14 of 50
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19.256.070 Small wireless facility review criteria and process.
(1) The following provisions relate to review of applications for a small wireless facility permit:
(a) In any zone, upon application for a small wireless permit, the city will permit small wireless
facilities only when the application meets the criteria of this Chapter 19.256 FWRC.
(b) Vertical clearance shall be reviewed by the Director to ensure that the small wireless
facilities will not pose a hazard to other users of the rights -of -way.
(c) Replacement poles, new poles, and ground -mounted equipment permitted pursuant to
FWRC 19.256.100(1)(b) shall comply with the Americans with Disabilities Act (ADA), city
construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and
federal statutes and regulations in order to provide a clear and safe passage within the right-of-
way. Further, the location of any replacement pole, new pole, or ground -mounted equipment must:
be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect
the public welfare, health, or safety.
(d) No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC.
(e) Small wireless facilities may not encroach onto or over private property or property outside
of the right-of-way without the property owner's express written consent.
(2) Decision. All small wireless facility applications shall be reviewed and approved or denied by
the Director. The Director's decision shall be final and is not subject to appeal under city code or
further review by the city.
(4) Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible
facilities request so long as the expansion:
Ordinance No. 20- Page 15 of 50
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(a) does not defeat design concealment elements specifically designated
as concealment stealth techniques,
(b) it incorporates the aesthetic elements and design criteria required as conditions of
approval set forth in this chapter the original small wireless facility approval in a manner
consistent with the rights granted an eligible facility, and
(c) does not exceed the conditions of a small wireless facility as defined by 47 CFR
1.6002(1).
(5) Public Notice. The city shall provide notice of a complete application for a small wireless
permit on the city's website with a link to the application. Prior to construction, the applicant shall
provide notice of construction to all impacted property owners within 100 feet of any proposed
small wireless facility via a doorhanger that shall include an email contact and telephone number
for the applicant. Notice is for the public's information and is not a part of a hearing or part of the
land use appeal process.
(6) Withdrawal. Any applicant may withdraw an application submitted at any time, provided the
withdrawal is in writing and signed by all persons who signed the original application or their
successors in interest. When a withdrawal is received, the application shall be deemed null and
void. If such withdrawal occurs prior to the Director's decision, then reimbursement of fees
submitted in association with said application shall be reduced to withhold the amount of actual
and objectively reasonable city costs incurred in processing the application prior to time of
withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be
no refund of all or any portion of such fee.
Ordinance No. 20- Page 16 of 50
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(7) Supplemental Information. Failure of an applicant to provide supplemental information as
requested by the Director within 90 days of notice by the Director shall be grounds for denial of
that application unless an extension period has been approved by the Director. If no extension
period has been approved by the Director, the Director shall notify the applicant in writing that the
application is denied.
19.256.080 Small wireless facility permit requirements.
(1) Permit Compliance. The permittee shall comply with all of the requirements within the small
wireless facility permit.
(2) Post -Construction As-Builts. Upon request, the permittee shall provide the city with as-builts
of the small wireless facilities, within 30 days after construction of the small wireless facility,
demonstrating compliance with the permit, visual renderings submitted with the permit application
and any site photographs taken.
(3) Construction Time limit. Construction of the small wireless facility must be completed within
12 months after the approval date by the city. The permittee may request one extension of no more
than six months, if the permittee provides an explanation as to why the small wireless facility
cannot be constructed within the original 12-month period.
(4) Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe
and working condition. The permittee shall be responsible for the removal of any graffiti or other
vandalism of the small wireless facility and shall keep the site neat and orderly, including but not
limited to following any maintenance or modifications on the site.
(5) Operational Activity. The permittee shall commence operation of the small wireless facility no
later than six months after installation. The permittee may request one extension for an additional
Ordinance No. 20- Page 17 of 50
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six-month period if the permittee can show that such operational activity is delayed due to inability
to connect to electrical or backhaul facilities.
19.256.090 Small wireless facility modification.
(1) If a permittee desires to modify small wireless facilities, including but not limited to expanding
or changing the antenna type, increasing the equipment enclosure, placing additional pole -mounted
or ground -mounted equipment, or modifying the concealment elements, then the permittee shall
apply for a new small wireless permit.
(2) A small wireless permit shall not be required for routine maintenance and repair of a small
wireless facility within the rights -of -way, or the replacement of an antenna or equipment of similar
size, weight, and height; provided, that such replacement does not defeat the concealment elements
used in the original small wireless facility and does not impact the structural integrity of the pole.
Further, a small wireless permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facilities. An annual blanket
right-of-way permit will be required for such routine maintenance, repair, or replacement and can
cover all facilities owned by the applicant.
19.256.100 Small wireless facility aesthetic, concealment, and design standards.
(1) All small wireless facilities shall conform with the following general aesthetic, concealment,
and design standards, as applicable:
(a) Except for locations in the right-of-way, small wireless facilities are not permitted on any
property containing a residential use in residential zones.
(b) Ground -mounted equipment in the rights -of -way is prohibited, unless such facilities are
placed underground, or the applicant can demonstrate that pole -mounted or undergrounded
Ordinance No. 20- Page 18 of 50
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equipment is technically infeasible. If ground -mounted equipment is necessary, then the applicant
shall submit a concealment element plan substantially conforming to the applicable standards in
FWRC 19.256.100(5)(c) and comply with the Americans with Disabilities Act ("ADA"), city
construction standards, and state and federal regulations in order to provide a clear and safe passage
within the public right-of-way. Generators located in the rights -of -way are prohibited.
(c) No signage, message, or identification other than the manufacturer's identification or
identification required by governing law is allowed to be portrayed on any antenna or equipment
enclosure. Any permitted signage shall be located on the equipment enclosures and be of the
minimum amount possible to achieve the intended purpose (no larger than four by six inches);
provided, that signs may be permitted as concealment element techniques where appropriate and
safety signage as required by applicable laws, regulations, and standards is permitted.
(d) Antennas and related equipment shall not be illuminated except for security reasons,
required by a federal or state authority, or unless approved as part of the required concealment
element requirements pursuant to FWRC 19.256.100(5)(c).
(e) The design standards in this Chapter are intended to be used solely for the purpose of
concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a
manner which dictates the use of a particular technology. When strict application of these
requirements would render the small wireless facility technically infeasible or otherwise have the
effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be
permitted which provide similar or greater protections from negative visual impacts to the
streetscape.
Ordinance No. 20- Page 19 of 50
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(2) General Pole Standards. In addition to complying with the general standards in FWRC
19.256.100(l), all small wireless facilities on any type of pole shall conform to the following
general pole design requirements as well as the applicable pole specific standards:
(a) The preferred location of a small wireless facility on a pole is the location with the least
visible impact.
(b) The city may consider the cumulative visual effects of small wireless facilities mounted on
poles within the rights -of -way when assessing proposed siting locations so as to not adversely
affect the visual character of the city. This provision shall neither be applied to limit the number
of permits issued when no alternative sites are reasonably available nor to impose a technological
requirement on the applicant.
(c) Small wireless facilities are not permitted on traffic signal poles unless denial of the siting
could be a prohibition or effective prohibition of the applicant's ability to provide
telecommunications service in violation of 47 USC 253 and 332.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act,
city construction and sidewalk clearance standards, city development standards, city ordinances,
and state and federal laws and regulations in order to provide a clear and safe passage within the
rights -of -way. Further, the location of any replacement or new pole must: be physically possible,
comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire
hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.
(e) Replacement poles shall be located as near as possible to the existing pole and the
abandoned pole shall be removed.
Ordinance No. 20- Page 20 of 50
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(f) Side arm mounts for antennas or equipment must be the minimum extension necessary, and
for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more
than six inches off the pole.
(3) Nonwooden Pole Design Standards. In addition to complying with the general standards in
FWRC 19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or
replacement nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way
shall conform to the following design criteria:
(a) Antennas and the associated equipment enclosures (excluding disconnect switches and
other appurtenant devices) shall be fully concealed within the pole, unless such concealment is
technically infeasible, or is incompatible with the pole design, then the antennas and associated
equipment enclosures must be camouflaged to appear as an integral part of the pole or flush -
mounted to the pole, meaning no more than 6 inches off of the pole, and must be the minimum
size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless
facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is
required to place the equipment enclosure behind any banners or road signs that may be on the
pole; provided, that such location does not interfere with the operation of the banners or signs, or
the small wireless facility.
For purposes of this section, "incompatible with the pole design" may include a demonstration by
the applicant that the visual impact to the pole or the streetscape would be reduced by placing the
antennas and equipment exterior to the pole.
(b) The farthest point of any antenna or equipment enclosure may not extend more than 28
inches from the face of the pole.
Ordinance No. 20- Page 21 of 50
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(c) All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment
of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or
sleeves if attaching to exterior antennas or equipment.
(d) An antenna on top of an existing pole may not extend more than six feet above the height
of the existing pole and the diameter may not exceed 16 inches, unless the applicant can
demonstrate that more space is needed. To the extent technically feasible, the antennas shall be
integrated into the pole design so that they appear as a continuation of the original pole, including
colored or painted to match the pole, and shall be shrouded or screened to blend with the pole
except for canister antennas which shall not require screening. To the extent technically feasible,
all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole
shall be fully concealed and integrated with the pole.
(e) Any replacement pole shall substantially conform to the design of the pole it is replacing
(including but not limited to color, shape and style) or the neighboring pole design standards
utilized within the contiguous right-of-way.
(f) The height of any replacement pole and antenna(s) may not extend more than 10 feet above
the height of the existing pole or the minimum additional height necessary; provided, that the
height of the replacement pole cannot be extended further by additional antenna height.
(g) The diameter of a replacement pole shall comply with the city's setback and sidewalk
clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent
increase of the existing pole measured at the base of the pole, unless additional diameter is needed
in order to conceal equipment within the base of the pole, and shall comply with the requirements
in subsection (5)(c) of this section.
Ordinance No. 20- Page 22 of 50
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(h) The use of the pole for the siting of a small wireless facility shall be considered secondary
to the primary function of the pole. If the primary function of a pole serving as the host site for a
small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of
accommodating the small wireless facility and the small wireless facility and all associated
equipment shall be removed.
(4) Wooden pole design standards. In addition to complying with the general standards in FWRC
19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or
replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall
conform to the following design criteria:
(a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose
of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a
height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is
required and confirmed in writing by the pole owner and that such height extension is the minimum
extension possible to provide sufficient separation and/or clearance from electrical and wireline
facilities.
(b) A pole extender may be used instead of replacing an existing pole, but may not increase
the height of the existing pole by more than 10 feet, unless a further height increase is required and
confirmed in writing by the pole owner and that such height increase is the minimum extension
possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A
"pole extender" as used herein is an object affixed between the pole and the antenna for the purpose
of increasing the height of the antenna above the pole. The pole extender shall be painted to
Ordinance No. 20- Page 23 of 50
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approximately match the color of the pole and shall substantially match the diameter of the pole
measured at the top of the pole.
(c) Replacement wooden poles must either match the approximate color and materials of the
replaced pole or shall be the standard new wooden pole used by the pole owner in the city.
(d) The diameter of a replacement pole shall comply with the city's setback and sidewalk
clearance requirements and shall not be more than a 25 percent increase of the existing utility pole
measured at the base of the pole or the otherwise standard size used by the pole owner.
(e) All cables and wires shall be routed through conduits along the outside of the pole. The
outside conduit shall be colored or painted to match the pole. The number of conduits shall be
minimized to the number technically necessary to accommodate the small wireless facility.
(f) To the extent technically feasible, antennas, equipment enclosures, and all ancillary
equipment, boxes and conduit shall be colored or painted to match the approximate color of the
surface of the wooden pole on which they are attached.
(g) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(h) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness.
Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more
than three cubic feet in volume.
(i) A canister antenna may be mounted on top of an existing or replacement wooden pole,
which may not exceed the height requirements described in subsection (4)(a) of this section. A
canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter,
measured at the top of the pole, and to the extent technically feasible, shall be colored or painted
to match the pole. The canister antenna must be placed to look as if it is an extension of the pole.
Ordinance No. 20- Page 24 of 50
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In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside
edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall
be concealed either within the canister antenna or within a sleeve between the antenna and the
wooden pole.
0) The farthest point of any antenna or equipment enclosure may not extend more than 28
inches from the face of the pole.
(k) An omnidirectional antenna may be mounted on the top of an existing wooden pole,
provided such antenna is no more than four feet in height and is mounted directly on the top of a
pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole
as technically feasible. All cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
(1) All related antenna equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall
not be mounted more than six inches from the surface of the pole, unless a further distance is
technically required and is confirmed in writing by the pole owner.
(m) Equipment for small wireless facilities must be attached to the wooden pole, unless
otherwise permitted to be ground mounted pursuant to subsection (4)(a) of this section. The
equipment must be placed in the smallest enclosure possible for the intended purpose. The
equipment enclosure and all other wireless equipment associated with the utility pole, including
wireless equipment associated with the antenna, and any preexisting associated equipment on the
pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed
to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The
Ordinance No. 20- Page 25 of 50
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applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that
may be on the pole; provided, that such location does not interfere with the operation of the banners
or signs, or the small wireless facility.
(n) An applicant who desires to enclose both its antennas and equipment within one unified
enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended
purpose and the enclosure and all other wireless equipment associated with the pole, including
wireless equipment associated with the antenna and any preexisting associated equipment on the
pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches
from the surface of the pole, unless a further distance is required and confirmed in writing by the
pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an
integrated part of the pole or behind banners or signs; provided, that such location does not
interfere with the operation of the banners or signs.
(o) The visual effect of the small wireless facility on all other aspects of the appearance of the
wooden pole shall be minimized to the greatest extent possible.
(p) The use of the wooden pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as the host
site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole
purpose of accommodating the small wireless facility and the small wireless facility and all
associated equipment shall be removed.
(5) Small wireless facilities on new poles in the rights -of -way or in a design zone. In addition to
complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small
Ordinance No. 20- Page 26 of 50
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wireless facilities proposed to be attached to new poles or in a design zone shall comply with
following:
(a) New poles within the rights -of -way are only permitted if the applicant can establish that:
(i) The proposed small wireless facility cannot be located on an existing utility pole or light
pole, electrical transmission tower or on a site outside of the public rights -of -way such as a public
park, public property, building, transmission tower or in or on a nonresidential use in a residential
zone, whether by roof or panel mount or separate structure;
(ii) The proposed small wireless facility receives approval for a concealment element
design, as described in this subsection;
(iii) The proposed small wireless facility also complies with Shoreline Management Act,
Growth Management Act, and State Environmental Policy Act, if applicable; and
(iv) No new poles shall be located in a critical area or associated buffer required by the
city's environmentally critical areas ordinance, Chapter 19.145 FWRC, except when determined
to be exempt pursuant to said ordinance.
(b) An application for a new pole is subject to administrative review by the Director.
(c) All new poles shall conform to the city's standard pole design established in the city's
public works development standards. If no existing metered service is available, the applicant shall
provide new metered electrical service. If the city's standard pole design is technically infeasible,
the new pole shall meet the following:
(i) The concealment element design shall include the design of the screening, fencing, or
other concealment technology for a tower, pole, or equipment enclosure, and all related
Ordinance No. 20- Page 27 of 50
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transmission equipment or facilities associated with the proposed small wireless facility, including
but not limited to fiber and power connections.
(ii) The concealment element design should seek to minimize the visual obtrusiveness of
the small wireless facility. The proposed pole or structure should have similar designs to existing
neighboring poles in the rights -of -way, including similar height to the extent technically feasible.
If the proposed small wireless facility is placed on a replacement pole in a design district, then the
replacement pole shall be of the same general design as the pole it is replacing, unless the Director
otherwise approves a variation due to aesthetic or safety concerns. Any concealment element
design for a small wireless facility on a decorative pole should attempt to mimic the design of such
pole and integrate the small wireless facility into the design of the decorative pole. Other
concealment methods include, but are not limited to, integrating the installation with architectural
features or building design components, utilization of coverings or concealment devices of similar
material, color, and texture — or the appearance thereof — as the surface against which the
installation will be seen or on which it will be installed, landscape design, or other camouflage
strategies appropriate for the type of installation. Applicants are required to utilize designs in which
all conduit and wires are installed internally within the structure. Further, applicant designs should,
to the extent technically feasible, comply with the generally applicable design standards adopted
pursuant to this section.
(iii) If the Director has already approved a concealment element design either for the
applicant or another small wireless facility along the same public right-of-way or for the same pole
type, then the applicant shall utilize a substantially similar concealment element design, unless it
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can show that such concealment element design is not physically or technically feasible, or that
such design would undermine the generally applicable design standards.
(iv) Even if an alternative location is established pursuant to subsection (5)(a)(i) of this
section, the Director may determine that a new pole in the right-of-way is in fact a superior
alternative based on the impact to the city, the concealment element design, the city's
comprehensive plan and the added benefits to the community.
(v) Prior to the issuance of a permit to construct a new pole or ground -mounted equipment
in the right-of-way, the applicant must obtain a master lease agreement from the city to locate such
new pole or ground -mounted equipment. This requirement also applies to replacement poles that
are taller than the replaced pole, when the overall height of the replacement pole and the proposed
small wireless facility is more than 60 feet.
(6) Small wireless facilities attached to cables. In addition to complying with the applicable general
standards in FWRC 19.256.100(1), all small wireless facilities mounted on existing cables strung
between existing utility poles shall conform to the following standards:
(a) Each strand -mounted facility shall not exceed three cubic feet in volume;
(b) Only one strand -mounted facility is permitted per cable between any two existing poles on
an existing cable;
(c) The strand -mounted devices shall be placed as close as feasible to the nearest utility pole,
in no event more than five feet from the pole unless that location is technically infeasible or is not
allowed by the pole owner for safety clearance;
(d) No strand -mounted device shall be located in or above the portion of the roadway open to
vehicular traffic;
Ordinance No. 20- Page 29 of 50
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(e) Ground -mounted equipment to accommodate a shared mounted facility is not permitted
except when placed in preexisting equipment cabinets or required by a third party electrical service
provider; and
(f) Pole -mounted equipment shall comply with the requirements of subsections (a) and (b) of
this section.
(g) Such strand -mounted devices must be installed to cause the least visual impact and without
excess exterior cabling or wires (other than the original strand).
(7) Small wireless facilities attached to existing buildings. In addition to complying with the
applicable general standards in FWRC 19.256.100(1), all small wireless facilities attached to
existing buildings shall conform to the following design criteria:
(a) Small wireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building's architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) New architectural features such as columns, pilasters, corbels, or other ornamentation that
conceal antennas may be used if it complements the architecture of the existing building.
(d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to
provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal
mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas.
Exposed cabling/wiring is prohibited.
(f) To the extent technically feasible, small wireless facilities shall be painted and textured to
match the adjacent building surfaces.
Ordinance No. 20- Page 30 of 50
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19.256.110 Designated design zones for small wireless facilities.
Design zones. The following zones are designated as design zones for the purpose of the
application of the provisions of this chapter:
(1) City center core (CC-C);
(2) City center frame (CC-F);
(3) Designated landmark districts.
19.256.120 Major wireless communication facility application and review process.
(1) Application. Upon receipt of a complete application for a major wireless communication
facility, the application shall be processed as a Process II application; provided that temporary
major WCFs are subject to Process I review. See Chapters 19.60 and 19.55 FWRC.
(2) Public Notice. Notice shall be provided as required for Process I and II applications.
(3) Review. The Director shall review the application for conformance with the application
requirements and review criteria to determine whether the application is consistent with this
chapter.
(4) Decision. A permit may be granted, granted with conditions pursuant to this chapter and the
code, or denied. Any condition reasonably required to enable the proposed use to meet the
standards of this chapter and code may be imposed. If the application cannot meet the standards
of this chapter through the imposition of reasonable conditions, the application shall be denied.
19.256.130 Major wireless communication facility application requirements.
(1) Process II permit applications for major WCFs, excluding temporary major WCFs, shall
include the following minimum information in addition to that required for the underlying permit
review process:
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(a) A diagram or map showing the primary viewshed of the proposed facility.
(b) Three photo simulations of the proposed facility from affected properties and/or public
rights -of -way at varying distances. These photo simulations should include examples of
camouflage and stealth installation options, if applicable.
(c) Architectural elevations of proposed facility and site.
(d) If applicable, a propagation map of the proposed major WCF at the requested height and
an explanation of the need for that facility at that height and in that location.
(e) An inventory of other major WCF sites operated by the applicant and all other service
providers within a half -mile radius of the proposed major WCF location.
(f) A site/landscaping plan showing the specific placement of the major WCF on the site;
showing the location of existing structures, trees, and other significant site features; and indicating
type and locations of proposed plant materials used to screen WCF components.
(g) If the major WCF equipment cabinet is proposed to be located above ground, an explanation
of why it is impracticable to locate the cabinet underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) In proposing a major WCF in a particular location, the applicant shall analyze the feasibility
of locating the proposed major WCF in each of the higher priority locations and document, to the
city's satisfaction, why locating the major WCF in each higher priority location and/or zone is not
being proposed.
0) If proposing a new tower, the applicant shall submit a signed statement indicating they agree
to allow for the potential collocation of additional major WCF equipment by other service
providers on the applicant's structure or within the same wireless site location. If an applicant
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contends that future collocation is not possible on its site, it must submit a technical study
documenting why.
(k) The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
implement this chapter and to require that such information, studies, mapping, materials,
inspections, and reviews be reviewed by a qualified professional under contract to the city, also at
the applicant's expense.
(2) Process I permit applications for temporary WCFs shall include the following minimum
information:
(a) Documentation of previously permitted facility, if applicable.
(b) Site plan showing proposed location of temporary WCF in relationship to the location of
the previously permitted facility and property boundaries, including dimensions from the property
lines and height of proposed facility.
(c) Mockups or other visual representations of the proposed facility.
1.9.256.1.40 Prioritized locations for major wireless communication facilities.
The following sites shall be the required order of location for proposed major WCFs, including
antenna and equipment enclosures. In order of preference, the prioritized locations for major WCFs
are as follows:
(1) Structures located in the BPA transmission easement. A major WCF may be located on any
existing support structure currently located in the easement upon which are located U.S.
Ordinance No. 20- Page 33 of 50
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Department of Energy/Bonneville Power Administration (`BPA") power lines regardless of
underlying zoning.
(2) Existing wireless sites and towers. A major WCF may be located on an existing site or tower
where a legal WCF is currently located regardless of underlying zoning. If an existing wireless site
or tower is located within a half -mile radius of a proposed major WCF location, the applicant shall
document why collocation on the existing wireless site or tower is not being proposed, regardless
of whether the existing site or tower is located within the jurisdiction of the city.
(3) Institutional uses and structures. If the city, a utility, institutional uses, or other public agency
consents to such location, a major WCF may be located on existing structures, such as water
towers, utility structures, fire stations, bridges, churches, schools, and other public buildings within
all zoning districts, provided the public facilities are not located within public rights -of -way.
(4) Appropriate zoning districts. A major WCF may be located in or on other public or private
property, buildings, or structures within nonresidential zoning districts as allowed by the zoning
chart.
(5) If the applicant demonstrates to the city's satisfaction that it is not technically feasible to site
in a prioritized location, or as expressly allowed by the zoning chart, the city reserves the right to
approve alternative site locations if a denial would be in violation of the 1996 Telecommunications
Act, as determined by the city through a Process III review using the following test: Would denial
of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or
332?
Ordinance No. 20- Page 34 of 50
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19.256.150 Major wireless communication facility development standards.
The following development standards shall be followed in the design, siting, and construction of
a major WCF:
(1) Building- or structure -mounted major WCFs on existing buildings or structures outside of the
public right-of-way. Major WCFs mounted on existing buildings and structures shall conform to
the following development standards:
(a) The equipment cabinet for the major WCF shall meet all requirements of subsection (4) of
this section.
(b) The maximum size of the major WCF panels and number of antennas shall the minimum
necessary to achieve the service objective.
(c) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing structure
is in conformance with the existing maximum height of the underlying zone as outlined in the use
zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to
rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond 15
feet above the maximum height of the structure as defined per FWRC 19.05.080, H definitions.
(d) The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to surrounding land uses and structures.
(e) It is the applicant's responsibility to prove that the proposed size of the major WCF panels
and number of antennas is the minimum size and number necessary.
(f) Within residential zones, equipment enclosures, and buildings to house equipment cabinets
located above ground shall meet all applicable setback requirements for residential development
Ordinance No. 20- Page 35 of 50
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of the underlying zone. For developed sites in nonresidential zones, the setback requirements for
the equipment enclosure shall be those of the principal use of the subject property. For undeveloped
sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet
for front, side, and rear yards.
(g) The major WCF shall comply with all other applicable standards of this code.
(2) New freestanding major WCFs. All requirements of the associated land use zoning charts must
be met. Additionally, these structures shall conform to the following site development standards:
(a) Placement of a freestanding major WCF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the collocation of four or more service providers as part of a
joint permit application.
(c) A freestanding major WCF may not be located closer than 500 feet to an existing
freestanding major WCF whether it is owned or utilized by the applicant or another service
provider, unless the applicant demonstrates that a closer distance is justified by technical need or
better screening result.
(d) A freestanding major WCF, including the support structure and associated equipment, shall
comply with all required setbacks of the zoning district in which it is located. For developed sites,
the setback requirements shall be those of the principal use of the subject property. For
undeveloped sites, the setback requirements for new freestanding major WCFs shall be 20 feet for
front, side, and rear yards.
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(e) Freestanding major WCFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total WCF as feasible from prevalent
views; and/or
(ii) Use existing site features as a background so that the total major WCF blends into the
background with increased distances.
(f) In reviewing the proposed placement of a facility on the site and any associated landscaping,
the city may condition the application to supplement existing trees and mature vegetation to more
effectively screen the facility.
(3) Standards for equipment cabinets. Equipment cabinets shall either:
(a) Be placed in a new or existing completely enclosed building. It is the applicant's
responsibility to prove that the proposed size of the building is the minimum size necessary to
house the equipment; or
(b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's
responsibility to prove that the proposed size of the equipment enclosure is the minimum size
necessary to house the equipment.
If the equipment enclosure is located within a new enclosed building, the building shall conform
to all applicable development standards and design guidelines for the underlying zone. The
enclosed building shall be architecturally designed and shall be compatible with existing buildings
on the site. The enclosed building shall be screened to the greatest extent feasible from any street
and/or adjacent properties by landscaping and/or topography.
Ordinance No. 20- Page 37 of 50
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(4) Standards for equipment enclosures.
(a) Equipment enclosures shall not be allowed within the right-of-way.
(b) In residential zones, equipment enclosures located above ground on properties shall meet
all applicable setback requirements for residential development of the underlying zone. For
developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall
be those of the principal use of the subject property. For undeveloped sites in nonresidential zones,
the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards;
however, for undeveloped sites in nonresidential zones, if the applicant can demonstrate that the
equipment enclosure can blend in harmoniously with the existing site and complement the
landscape buffer requirements of the underlying zone, as determined appropriate by the Director,
the equipment enclosure can be located inside of the 20-foot setback but outside of the required
landscaping buffer of the underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
(d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact vehicular sight distance.
(5) Security fencing.
(a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
(c) Chain -link fences shall be painted or coated with a nonreflective color.
Ordinance No. 20- Page 38 of 50
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(6) Cumulative effects. The city shall consider the cumulative visual effects of major WCFs
mounted on existing structures and/or located on a given permitted site in determining whether
additional permits may be granted so as to not adversely affect the visual character of the city.
(7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification, hazard warning, and name of
service provider; provided that, safety signage as required by applicable laws, regulations, and
standards is permitted.
(8) Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by
the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI,
Zoning Regulations.
(b) Allowed heights shall be established relative to the appropriate process as outlined in the
use zone charts, FWRC Title 19, Division VI, Zoning Regulations.
19.256.160 Expiration of major wireless communication facility permit.
A major WCF permit issued under this chapter must be substantially implemented within three
years from the date of final approval or the permit shall expire. The holder of the permit may
request one extension to be limited to 12 months, if the applicant cannot construct the major WCF
within the original three-year period.
19.256.170 Nonconformance exceptions.
Permit applications made under this section to locate a major WCF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC,
Nonconformance, to bring the property into conformance as follows:
Ordinance No. 20- Page 39 of 50
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(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC 19.30.110.
(2) To bring the property into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements
of FWRC 19.30.120 to bring the property into conformance with the development regulations
prescribed in FWRC Title 16 relating to water quality shall apply.
19.256.180 Temporary major wireless communication facilities.
(1) As determined by the Director, a temporary major WCF may be deployed and operated with a
Process I approval
as follows:
(a) The temporary major WCF creates no adverse public health or safety impacts.
(b) Only one temporary major WCF shall be permitted per single property.
(c) Prior to installation of the temporary major WCF, the applicant shall provide the city with
a cash bond in an amount to be determined by the Director in order to guarantee performance of
future removal and restoration of the site.
(2) Temporary major WCF may be permitted for a duration not to exceed:
(a) up to ninety (90) days if for a community event; or
(b) up to six (6) months if the temporary major WCF applicant can demonstrate to the city's
satisfaction that the permanent underlying structure is being redeveloped.
19.256.190 Collocation.
(1) A permittee shall cooperate with other service providers in collocating additional antennas on
support structures and/or on existing buildings and sites, provided said proposed collocatees have
Ordinance No. 20- Page 40 of 50
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received a permit for such use at said site from the city. A permittee shall allow other service
providers to collocate and share the permitted site, provided such shared use does not give rise to
a technical impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether a permittee has exercised good faith in
accommodating a new service provider, the city may require a third party technical study at the
expense of the permittee. Failure to comply with this provision may result in a revocation of the
permit.
19.256.200 Removal of facility.
(1) Abandonment and removal. The owner or operator of a WCF shall provide the city with a copy
of the notice of intent to cease operations required by the FCC at the time it is submitted to the
FCC. Additionally, the owner or operator of a WCF shall notify the city in writing of the
abandonment of a particular facility within 30 days of the date the WCF is abandoned. The
abandoned WCF shall be removed by the facility owner within 90 days of the date the WCF is
abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as
determined by the city. Disrepair includes structural features, paint, landscaping, or general lack
of maintenance that could result in adverse safety or visual impacts. If there are two or more users
of a single tower, then the city's right to remove the tower shall not become effective until all users
abandon the tower.
(2) Partial abandonment and removal. If the abandoned antennas on any major WCF are removed
or relocated to a point where the top 20 percent or more of the height of the supporting structure
is no longer in use, the major WCF shall be considered partially abandoned. The owner or operator
of any partially abandoned major WCF shall notify the city in writing of the partial abandonment
Ordinance No. 20- Page 41 of 50
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of a particular facility within 30 days of the date the major WCF is partially abandoned. The owner
of the major WCF shall have 120 days from the date of partial abandonment to collocate another
service on the major WCF. If another service provider is not added to the major WCF within the
allowed 120-day collocation period, the owner shall, in 210 days of partial abandonment,
dismantle and remove that portion of the supporting structure that exceeds the point at which the
highest operational antenna is mounted.
(3) Removal and lien. If the owner or operator fails to remove the abandoned or partially
abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility
for removal falls upon the property owner on which the abandoned or partially abandoned facility
is located. The city may enforce this subsection using the procedures as set forth in Chapter 1.15
FWRC.
19.256.210 Revocation of permit.
A permit issued under this chapter may be revoked, suspended or denied for any one or more of
the following reasons:
(1) Failure to comply with any federal, state, or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of
a permit;
(3) When the permit was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other major WCF providers in collocation efforts as required by this
chapter;
(5) Failure to comply with federal standards for RF emissions; and
Ordinance No. 20- Page 42 of 50
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(6) Pursuant to FWRC 19.05.300(3), the city shall use the same criteria to determine if the permit
shall be revoked as it used to grant the permit.
Section 6. Title 19 of the Federal Way Revised Code is hereby amended by the addition of
a new Chapter — 19.257 "Eligible Facilities Requests":
Chapter 19.257
ELIGIBLE FACILITIES REQUESTS
Sections:
19.257.010
Purpose
19.257.020
Definitions
19.257.030
Application.
19.257.040
Qualification as an eligible facilities request.
19.257.050
Time frame for review.
19.257.060
Tolling of the time frame for review.
19.257.070
Determination that application is not an eligible facilities request.
19.257.080
Failure to act.
19.257.010 Purpose.
Under 47 U.S.C. § 1455 and relevant Federal Communications Commission ("FCC")
regulations, a local jurisdiction must approve a modification of a wireless facility qualifying as
an eligible facility request. Accordingly, the city adopts the following provisions for review of
applications for eligible facility requests as defined by this chapter and federal law.
1.9.257.020 Definitions.
(1) Definitions. The following definitions shall apply to eligible facilities requests only as
described in this chapter:
(a) "Base station" means a structure or equipment at a fixed location that enables FCC -
licensed or authorized wireless communications between user equipment and a communications
Ordinance No. 20- Page 43 of 50
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network. The term does not encompass a tower as defined herein nor any equipment associated
with a tower. Base station includes, without limitation:
(i) Equipment associated with wireless communications services as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration (including
distributed antenna systems ("DAS") and small wireless networks).
(iii) Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this section, supports or houses equipment described in subsections
(1)(a)(i) and (ii) of this section that has been reviewed and approved under the applicable zoning
or siting process, or under another state or local regulatory review process, even if the structure
was not built for the sole or primary purpose of providing that support.
(iv) The term does not include any structure that, at the time the eligible facilities request
application is filed with the city, does not support or house equipment described in subsections
(1)(a)(i) and (ii) of this section.
(b) "Collocation" means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency signals
for communication purposes.
(c) "Eligible facilities request" means any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or base
station, involving:
Ordinance No. 20- Page 44 of 50
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(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
(d) "Eligible support structure" means any tower or base station as defined in this section;
provided, that it is existing at the time the relevant application is filed with the city.
(e) Existing. A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another state or local regulatory
review process; provided, that a tower that has not been reviewed and approved because it was
not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of
this definition.
(f) Site. For towers other than towers in the public rights -of -way, the current boundaries of
the leased or owned property surrounding the tower and any access or utility easements currently
related to the site, and, for other eligible support structures, further restricted to that area in
proximity to the structure and to other transmission equipment already deployed on the ground.
The current boundaries of a site are the boundaries that existed as of the date that the original
support structure or a modification to that structure was last reviewed and approved by a State or
local government, if the approval of the modification occurred prior to the Spectrum Act or
otherwise outside of the Section 6409(a) process.
(g) Substantial Change. A modification substantially changes the physical dimensions of an
eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public right-of-way, it increases the height of the
tower by more than 1.0 percent or by the height of one additional antenna array with separation
Ordinance No. 20- Page 45 of 50
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from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more than 10 percent or more than
10 feet, whichever is greater;
(ii) For towers other than towers in the public right-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the tower more than
20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding an appurtenance to the body of
the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard
number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
or, for towers in the public right-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the
structure, or else involves installation of ground cabinets that are more than 10 percent larger in
height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site , except that, for
towers other than towers in the public rights -of -way, it entails any excavation or deployment of
transmission equipment outside of the current site by more than 30 feet in any direction. The site
boundary from which the 30 feet is measured excludes any access or utility easements currently
related to the site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station equipment;
Ordinance No. 20- Page 46 of 50
Rev 2/ 19
provided, however, that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
(h) "Tower" means any structure built for the sole or primary purpose of supporting any
FCC -licensed or authorized antennas and their associated facilities, including structures that are
constructed for wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul and the associated site.
(i) "Transmission equipment' means equipment that facilitates transmission for any FCC -
licensed or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications services including, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
19.257.030 Application.
(1) Application. The Director shall prepare and make publicly available an application form that
shall be limited to the information necessary for the city to consider whether an application is an
eligible facilities request. The application may not require the applicant to demonstrate a need or
business case for the proposed modification.
19.257.040 Qualification as an eligible facilities request.
Upon receipt of an application for an eligible facilities request, the Director shall review such
application to determine whether the application qualifies as an eligible facilities request.
Ordinance No. 20- Page 47 of 50
Rev 2/ 19
19.257.050 Time frame for review.
Applications for an eligible facilities request are reviewed by the Director or his/her designee,
who will approve the application within 60 days of the date an applicant submits an eligible
facilities request application, unless the Director or designee determines that the application does
not qualify under FWRC 19.257.020.
19.257.060 Tolling of the time frame for review.
The 60-day review period begins to run when the application is filed and may be tolled only by
mutual agreement by the city and the applicant or in cases where the city determines that the
application is incomplete. The time frame for review of an eligible facilities request is not tolled
by a moratorium on the review of applications.
(1) To toll the time frame for incompleteness, the city shall provide written notice to the
applicant within 30 days of receipt of the application, clearly and specifically delineating all
missing documents or information required in the application.
(2) The time frame for review begins running again when the applicant makes a supplemental
submission in response to the city's notice of incompleteness.
(3) Following a supplemental submission, the city will notify the applicant within 10 days if the
supplemental submission did not provide the information identified in the original notice
delineating missing information. The time frame is tolled in the case of second or subsequent
notices pursuant to the procedures identified in this subsection. Second or subsequent notice of
incompleteness may not specify missing documents or information that was not delineated in the
original notice of incompleteness.
Ordinance No. 20- Page 48 of 50
Rev 2/ 19
19.257.070 Determination that application is not an eligible facilities request.
If the city determines that the applicant's request does not qualify as an eligible facilities request,
the city shall deny the application.
19.257.080 Failure to act.
In the event the city fails to approve or deny an eligible facilities request within the time frame
for review (accounting for any tolling), the request shall be deemed granted. The deemed grant
does not become effective until the applicant notifies the city in writing after the review period
has expired (accounting for any tolling) that the application has been deemed granted.
Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Ordinance No. 20- Page 49 of 50
Rev 2/ 19
Section 10. Effective Date. This ordinance shall take effect and be in force five (5) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 2021.
ATTEST:
JIM FERRELL, MAYOR
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.:
Ordinance No. 20-
Page 50 of 50
Rev 2/ 19
COUNCIL MEETING DATE: January 5,2021 ITEM #: C
...... . ..... ...
SURWCT: ORDINANCE: COMPREHENSIVE PLAN AmENDMENT/REZONE
'0480-0172, POLICY QUESTION: Should the property located east of 27606 Pacific Hwy South, parcels 72,7
720480-0174 and 720480-0165 be re-classified from High Density Residential to Multi -Family, and rezoned
from RS7.2 to RM 1800?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 7, 2020
CATEGORY:
El Consent Z Ordinance E:1 Public Hearing
[:] City Council Business [:] Resolution El Other
STAFF REPORT BY: Doc Hansen, Principal Planner DEPT: CD, Planning Division
-- - — -- - ------
Attachments: Staff Report
Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
I �� I'll 1, 11
1'1�11 1,10riTurrurl- 11,
_00-1 W1,111
DIRECTOR APPROVAL: �-^ 11-23-2000
Imfial/Date
COMMITTEE RECOMMENDATION: I move too the proposed ordinance to First Reading on January 5,
2021.
FIRST READING OF ORDINANCE (JANUARY 5, 2021): "1 move to forward approval of the ordinance to the
January 19, 2021 Council Meetingfor second reading and enactment. "
SECOND READING OF ORDINANCE (JANUARY 19,2021): "1 move approval of the proposed ordinance.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED
COUNCIL BELL
DENIED
First reading
TABLED/DEFERREDINO ACTION
Enactment reading
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 2/2020
RESOLUTION #
ma
C 17 Y a F Iry
Federal Way
LAND USE AND PLANNING COMMITTEE REPOW-1-
STA�F RUORT
FROM: Brian Davis, Community Development Director
Stacey Welsh, Planning Manager J11K
Robert "Doc" Hansen, Principal Planner
SUBJECT: File 20-100129-UP: 2020 Proposed Comprehensive Plan Amendment and Rezone for
Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classificati
and RM 1800. 1
Uiuzull
changes to chapters and maps of the comprehensive plan. ne governing ody shall consider al
proposals concurrently so that the cumulative effect of the various proposals can be ascertained]
Shelter Resources, Inc. requested a continuation for its comprehensive plan amendment and
rezone on October 20, 2020, at the original proposal's second reading before City Council.
Shelter Resources, hic. requests to change the designations of parcels #720480-0172, #720480-
0 174, and now the additional parcel #720480-0165. The proposal is to change the land's
classification from Single -Family High Density Residential and Single -Family (RS 7.2, one unit
per 7,200 square feet) to Multifamily Residential and Multifamily 1800 (RM 1800, one unit per
1,800 square feet. All parcels are within one half mile of the planned 272.d Sound Transit Light
Rail Station, at South 272' Street.
Shactow Apa=ents, which is adjacent Lo me west, in oruer 1.0 Provil
parcels of the project.
---------------------------
Land Use and Transportation Staff Report December 7, 20
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page I o i
nice-Plan-nmg Commission heard the original proposal -o-n-A-u-g-u-s-f-ff,--I-rlfwf�, an hear
�,roposal including the additional parcel on December 2. 2020. Circumstances regarding the
proposal have not changed.
FVVRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive
plan amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
I . To review and evaluate the requests for comprehensive plan amendments;
2. To determine whether the proposed comprehensive plan amendments meet the
criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and
3. To forward a recommendation to the City Council regarding adoption of the
proposed comprehensive plan amendments.
Ewen though this proposal was properly noticed and a public hearing held before the Planning
Commission on August 19, 2020, the adjustment to the area proposed for zone/ comprehensive
plan amendment to accommodate a revised proposal required and additional Planning
Commission hearing on December 2, 2020. This adjustment was recommended by the Planning
111 dreco -freTtided to the CiV Council aDnroval of the&2posal.
Steps to
Issuance of Determination of Nonsignificance (DNS) pursuant to the State March 13, 2020
Environmental Policy Act (SEPA)
End of SEPA Comment Period
March 27, 2020
End of SEPA Appeal Period
April 17,2020
Public Hearing before the Planning Commission
August 19, 2020
LUTC Meeting
September 14,20201
City Council 1st Reading
October 8, 2020
City Council 2nd Reading
Postponed
21 Public Hearing before Planning Commission
December 2, 2020
LTC Meeting
December 7, 2020
City Council 1 "Reading
January 5, 2021
City Council 2n' Reading
January 19, 2021
Land Use and Transportation Staff Report December 7, 202U
r1roposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 otT
TTMO1,1M. TENTENYM 1U1111dWV11 WfUl FV-JT47,ytrLJ if
development of a multiple -family, transit -oriented project. The property does not front a public
street, and therefore, had no documented access to Pacific Highway South when the application
was made. Access was to be secured before the city would consider the requested RM 1800
W1 _ tho. Jhev wolld eventuaI6 obtaingublic access bv the time of
16g, 1111024 wow ii,9419
review of the proposal's adherence to RCW 36.70A, the Growth Management Act. No issues
were raised by the Department of Commerce on the proposal.
Since the 2018 application, the applicants for the proposal have secured public access to the
property through an existing multiple -family development.
Land Use
, . exisui& myltiyle f2mily resileati?.Lievel*pmeat is I*c.?tet z4j,?_ceAt,7A1 west*f tke ?[,r*.W*sct
rezone/comprehensive • site, similar to the request made by the • A Metro Transit
Park and Ride area is located north of the site and is zoned Community Business (BC). Land at
WE 4 a W 11111111111, 1 1 1 - I I i
I JAII I
proposed for storage and is zoned BC. The single-family development located southeast of the
development is prohibited.
Multi -family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the
requested RM 1800 zone. The applicant is requesting a comprehensive plan designation amendment
and rezone in order to allow transit -oriented multi -family housing since the parcel is within a half
mile of the planned 2721 Sound Transit Light Rail Station. The station is planned to be operating
by 2024 at the existing Star Lake Park and Ride located adjacent to the intersection of 1-5 and South
272"d Street.
SEPA
Issuance of a determination of nonsignificance (DNS) for the project was made on March 13,
2020, and the period to appeal the determination ended on April 17, 2020. No comments were
received regarding the proposal. That determination fulfills the SEPA requirements for the
revised proposal. WAC 197-11-600(3)(b) permits the use of the existing DNS issued on March
13, 2020 as long as the change is not substantial, or as long as no new information is received
indicating environmental impact from the revision.
TIP15113[m I W a N: 10131
Land Use and Transportation Staff Report December
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources
vi-891-aWle V/ ' It qmz -
proposaL There is a steep slope to the east of the site. EtItMig stormwater and development
standards will reduce the impact of deadWWnal 130 units is expected to
increase traffic by Wrox4pqtel 910 vehicle trips per day, assuming 7 trips per unit.
+Mm
Please refer to (1) above.
along Pacific Highway South has a high -density potential that is conducive to such
development. The zone clas n will be compatible with the surrounding environment.
The open space area to the east contains a wettand that may remain undeveloped, thereby
providing a buffer between the g40W ily housing in the AS 7 2 zone and the
proposed multiplefamily
(4) The adequacy of and impact on community facilities, including utilities, roads, public
transportation, parks, recreation, and schoils.
appropriate entrance to aproposed development. Any project is subject to transportation
and school impacifees #O*ed to address impact upon thesefacgilles.
The proposed zone and amendment provide opportunilyfor de"l�t of adifitional
housing needed within the city, as encod by the comprehensive plan. &O#V land
uses surrounding the proposal are compatible with &vOkpment that may resultfrom the
action of the amendment. Any development would be a Transit Oriented Development
by locating next to the transit station located to the north of the site. $00lgwfi#nMy
-a- Wr or -r -
Ui'.:xlllV
llllrt i'%4"In 'nC NY"C ';'1#tJ4Gr1ne:F MV42!_=I�WCt� 11!M e" '�' 1"�Fxi irro a3m
adequate housing.
�bTTT!e quantity an an p — or Lie proposeN YMN —use type ana aensity, an e
demand for such land.
water, and sewer) to accommodate high density develo�mcnt.
Land Use and Transportation Staff Report December 7, 2'0J
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 4 o -
MWIN WHOWMINIM
ultsiffir4lAyflur rayw LUIM [AWMI
item 3 below, per FWRC 19.80.150).
proposal meets the criteria for amending the comprehensive plincluding:
IX lV I1 X 1 I
11111110 1 i ! ill: Wililil I � I ill I I I
(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW, aj
with the portion of the city's adopted plan not affected by the amendments.
policies are relevant to the proposal being made:
LUP 21 - Support multi -family development with transportation and capital facilities
improvements.
The proposal is located adjacent to a transit stop, making it a transit -oriented
Or*Pment, andproviding potential residents access to public transportation.
IV 13 - Continue to use design guidelines to ensure that new and infill developments have
aesthetic appeal and minimize impacts on surrounding development.
The proposal will be de�ed to provide the needed housing, while maintaining the
compatibility of the neighborhood Ex, unbuildable open spaces willprovide a
buffer between an neighborhood to the southeast and the multip
7
family donvillopment to the west and northeast Any development in the rezoned area wil
need to meet design standards required in FWRC 19.115 to insure compatibility.
HG5 - Develop a range of affordable housing opportunities for low-income households
consistent with the CWPPs and ten s of the community.
Land Use and Transportation Staff Report December 7, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 5 of 8
Two County -Wide Planning Policies (CWPP) are significant to this development
inch*W
H-9 - Plan for housing that is accessible to major employment centers and affordable to
the workforce in them so people of all incomes can live near or within reasonable
improves the balance of housing to employment throughout the county.
of local and regional transportation systems.
residents access to public transportation throughout the r4i6n and theo#t�
access to employment and shopping.
any social status; thereby, avoiding any discrimination issues.
HP22 - As required by the CVvTPs, maintain sufficient land supply and adequate zoning
with)-f-the City-4 acc*rrm*tato-Vh*so tyXcs *f hirrsing c4nsistent with the City's afAcUrl
housing targets. I
II 1 0 I'll I'll 11 - I wit Z
developed krge& due to the non -access of the propeny to any street. Since the
project proponents obtained access to the propeny, future m444�
development will aid in the development of affordable housing.
,IIWA,VA I 49VA"JM
110111111MINIVIVIRRIMMIN 11111111
MEMO= # k
EMEMMMEMM
Provision oble housing is a main okleptipe within the city's comprehensive
plan , and the propoit and rezone have a primary
Purpose ofproviding qffiw� housing. The proponents intend to applyfor a pro
provift affordable housing. I
(i) Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning that, under those changei,
conditions, a change in designation is within the public interest; or
Land Use and Transportation Staff Report December 7, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 6 of 8
theplan. Average housing cost in 2015 was $289,100, increasing to $362,100 in
2018, a 12 percent increase and demonstrating a needfor rental, muldfamily
VIM -pop 0 MAI,-
�fl-J-I-fie rezone wiff-co-frect a zone c assi ication or zon—e-66-u-n-aary Mat was inappropriate
when established.
7-n-7-77x r r allo-Me, Ine pro -o-M-Y-N-71 in any
posa
inqpropriate zone
11 A 1 1 11
FWRC 19.80.150[31, above).
d. It is consistent with all applicable provisions of the title, including those adopted by
reference from the comprehensive r,lan.
city regulations and the comprehensive plan.
N
required to meet current codes andregaAoOons to protectpublic safety.
SEPA review when a project is submitted.
CAI I =0 F'rM# -Na
Land Use and Transportation Staff Report December 7, 201
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 7 o
Land Use and Transportation Staff Report December 7, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 8 of
AN ORDINANCE of the City of Federal Way, Washington, amending the
Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map,
and approving a citizen initiated Comprehensive Plan Map and Zoning Map
amendment and legislative rezone of 5.48 acres located East of Pacific Hwy and
South of the Redondo Heights Park and Ride, parcels 720480-0172, 720480-0174
and 720480-0165 from High Density Residential (RS 7.2) to Multiple Family
(MF 1800). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,
01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614,
10-671, 11-683,13-736, 13-745,15-796, 15-798,18-843 and 19-866)
WHEREAS, the Growth Management Act of 1990 as amended ("Chapter 36.70A RCW" or
"GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use
element (including a land use map), housing element, capital facilities plan element, utilities element,
economic development element, transportation element (including transportation system maps), and
a park and recreation element; and
WHEREAS, the GMA also requires the City of Federal Way to adopt development
regulations implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with a land use
map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map
implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use
map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27,
2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2018, January 27,
2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018, and April 2, 2019;
and
Ordinance No. 20- Page 1 of 9
Rev 2/19 CP
WHEREAS, the City may consider Plan and development regulation amendments pursuant to
Process V1, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code
("FWRC"), Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and
WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to
continuing review and evaluation, but the Plan may be amended no more than one time per year; and
WHEREAS, the Council has considered amendments to the text of the comprehensive plan,
comprehensive plan map, and zoning map, specifically in relation to the boundaries of the
Residential Single Family (RS-7.2) zoning districts and a citizen -initiated change in the
comprehensive plan and the zoning designations of parcels 720480-0172, 720480-0174, and 720480-
0165 from High Density Residentlal/(RS 7.2) classifications to Multiple Family/(MF 1800)
classifications (Exhibit A); and
WHEREAS, on March 13, 2020, the City's SEPA Responsible Official issued a
Determination of Nonsignificance on the comprehensive plan and rezone amendments of parcels
720480-0172, 720480-0174 and 720480-0165; and
WHEREAS, in September 2015, the City of Federal Way accepted a request from Puget
Center Property for Site Specific Request No. 1; and
WHEREAS, the City's Planning Commission held a public hearing on December 2, 2020, at
the close of which they recommended to the council approval of the following amendments: 1)
Change Comprehensive Plan map of parcels 720480-0172, 720480-0174 and 720480-0165 from a
High -Density Residential classification to a Residential Multifamily classification; 2) Rezone parcels
Ordinance No. 20- Page 2 of 9
Rev 2/19 CP
720480-0172, 720480-0174, and 720480-0165 from a Residential Single Family (RS-7.2) zone to a
Residential Multifamily (RM 1800) zone; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered the comprehensive plan amendments on October 20, 2020, following which it
recommended approval of the Planning Commission's recommendations; and
WHEREAS, the City Council, through its staff, Planning Commission, City Council
committees, received, discussed, and considered the testimony, written comments, and material from
the public, and considered the matter at its City Council meeting on October 6, 2020 and
WHEREAS, the City Council desires to approve the: 1) Amendments to the text of the
comprehensive plan; 2) Amendments to the comprehensive plan map and zoning map boundaries of
the RS 7.2 and the RM1800 zoning districts; 3) Approval of the citizen -initiated request for changes
to the comprehensive plan and zoning designations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions.
(a) Regarding the site -specific request to amend to the Comprehensive Plan Map and zoning
designation of 5.48 acres, located east of Pacific Highway and south of the Redondo Heights Park
and Ride on 276th Street from High -Density Residential (zone RS 7.2, one unit per 7,200 square
feet) to Multiple Family (zone RM1800, one unit per 1800 square feet) (Exhibit A):
(i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
attached hereto, is consistent with the following goals of the Federal Way
Comprehensive Plan:
Ordinance No. 20- Page 3 of 9
Rev 2/19 CP
Overall Housing Goal: Preserve, protect, and enhance Federal Way's existing high -
quality residential neighborhoods and promote a variety of opportunities to meet the
housing needs of all residents of the community and region.
Housing Goal (HG) 1 Preserve and protect the quality of existing residential
neighborhoods and require new development to be of a scale and
design that is compatible with existing neighborhood character;
Housing Policy 2 Amend development regulations to accommodate a diverse range of
housing forms that are compatible with neighborhood character and
create an effective transition between the City Center, business
areas, and residential neighborhoods.
Housing Goal 5 Develop a range of affordable housing opportunities for low-
income households consistent with the CWPPs and the needs of the
community.
Housing Policy 22 As required by the CWPPs, maintain sufficient land supply and
adequate zoning within the City to accommodate those types of
housing consistent with the City's affordable housing targets
Land Use Goal 4 Provide a wide range of housing types and densities commensurate
with market demand, adopted housing targets, and the community's
needs and preferences
Land Use Policy 8 Designate and zone land to provide for Federal Way's share of
regionally adopted demand forecasts for residential, commercial,
and industrial uses for the next 20 years.
Ordinance No. 20- Page 4 of 9
Rev 2/19 CP
Land Use Policy 21 Support multi -family development with transportation and capital
facilities improvements.
Land Use Policy 22 Multi -family residential development should be designed to provide
privacy and common open space. Variations in facades and
rooflines should be used to add character and interest to multiple -
family developments.
Land Use Policy 23 Encourage the establishment of street patterns and amenities that
encourage walking, bicycling, and transit use.
(ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
is consistent with language in the Federal Way Comprehensive Plan's Land Use
element, which states that "The multi -family residential land use designation
represents an opportunity to provide a range of housing types to accommodate
anticipated residential growth. The increase in population, aging population,
increasing diversity, decline in average family size, and high cost of single-family
homes have created heavy demand for new housing types"; and
(iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
is consistent with the GMA goal to "Encourage development in urban areas where
adequate public facilities and services exist or can be provided in an efficient
manner"; and
(iv) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
is consistent with the goal of the King County Countywide Planning Policies for
Ordinance No. 20- Page S of 9
Rev 2/19 CP
growth to occur in a compact, centers -focused pattern that uses land and
infrastructure efficiently; and
(v) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
is consistent with the Puget Sound Regional Council ("PSRC") goal of Vision 2040
to focus growth within already urbanized areas to create walkable, compact, and
transit -oriented communities that maintain unique local character; and
(vi) The proposed amendment to the Comprehensive Plan Map as set forth in Exhibit A,
will not negatively affect open space, streams, lakes, wetlands, or the physical
environment; and
(vii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
is consistent with the Council vision for the City of Federal Way, and will allow
development that is compatible with the surrounding land uses; and
(viii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
will allow for growth and development consistent with the Federal Way
Comprehensive Plan's overall vision and with the Federal Way Comprehensive
Plan's land use element, household and j ob projections, and will allow reasonable use
of property subject to constraints necessary to protect environmentally sensitive
areas; and
(ix) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
bears a substantial relationship to the public health, safety, and welfare; is in the best
interest of the public and the residents of the City; and is consistent with the
Ordinance No. 20- Page 6 of '9
Rev 2/19 CP
requirements of Chapter 36.70A RCW, VISION 2040, and the King County
Countywide Planning Policies; and
(x) The proposed amendment to the Zoning Map, set forth in Exhibit A, is consistent
with the applicable provisions of the Federal Way Comprehensive Plan, bears a
substantial relation to public health, safety, and welfare, and is in the best interest of
the public and the residents of the City; and
(xi) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A,
attached hereto, has complied with the appropriate process under state law and the
FWRC.
Section 2. Comprehensive Plan, Comprehensive Plan Maps, and Zoning Map Amendments
Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000,
2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017, and 2018, copies of which
are on file with the Office of the City Clerk, the comprehensive plan maps, and zoning map are
amended as set forth in Exhibit A, attached hereto.
Section 3. Amendment Authority. The adoption of plan and map amendments in Section 2
above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to
Chapter 19.80 FWRC.
Section 4. 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 other persons or circumstances.
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Section 5. Savings Clause. The 1995 Federal Way Comprehensive Plan, as thereafter
amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017
and 2018 shall remain in full force and effect until these amendments become operative upon the
effective date of this ordinance.
Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall take effect and be in force five days after
passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 2020.
[signatures to follow]
Ordinance No. 20- Page 8 of 9
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IN I WA • 0 9 G 03 MOM"Foll
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 20-
Page 9 of 9
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