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Res 05-446 ~ +, . . . RESOLUTION NO. 05-446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A NOISE AND WORK HOUR VARIANCE FOR WORK TO BE DONE BY THE W ASHJNGTON STATE DEPARTMENT OF TRANSPORT A nON ON THE I~5 HOV PROJECT DURING RESTRICTED WEEKEND HOURS. WHEREAS, the Federal Way City Code (FWCC) Section 22-956 contains nighttime environmental noise standards and adopts the maximum environmentaJ noise levels identified in Washington Administration Code (WAC) Section 173-60-080; and WHEREAS, in accordance with the City's nuisance law codified under FWCC Sections 10- 26 and 10-27, FWCC Section 22-1O06(a) sets out the times when it is a violation to engage in any development activity or to operate any heavy equipment; and WHEREAS, FWCC Section 22-1 006(b) authorizes the Director of Community DeveJopment to grant revocable, written permission to engage in a deveIopment activity or to operate heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city; and WHEREAS, the Director of Community Development does not have the authority to grant an exemption to the work hour restrictions not covered by FWCC Section 22-1O06(b); and WHEREAS, the Washington State Department of Transportation (WSDOT) is currently widening the existing 1-5 North and South bound inside Janes to add High Occupancy Vehicle (Hay) Janes; and Res. #05-446, Page 1 ~~.. .. 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WHEREAS, the project includes pavement rehabilitation, bridges and structures widening, drainage upgrades, water detention/quaJity facilities, noise walls, ilJumination upgrades, and other items of roadway safety; and WHEREAS, WSDOT has requested permission to continue work on the project Saturday and Sunday nights, thus working an entire weekend; and WHEREAS, it is much safer for WSDOT workers to work in the middle of the night when traffic is reduced; and WHEREAS, it is estimated that the amount of work that could be completed by WSDOT workers in one weekend would take up to 50 nights to complete; and WHEREAS, 50 nights of work would result in much more noise and traffic disruption overall than one weekend of work; and WHEREAS, Enchanted Parks opens for business the weekend of May 28, 2005, and work in this area of the freeway could interfere with business; and WHEREAS, WSDOT complied with state regulations by publishing a notice of the noise variance request in the Federal Way Mirror on September 11, 2004 and mailing a Noise Variance Request Notification Flyer to the residents within 300 feet of the proposed project area on September 10,2004; and WHEREAS, the City was notified that WSDOT would like to start work in May 2005 and work through the hours prohibited in FWCC Section 22-1O06(a); and WHEREAS, WSDOT has indicated that it will attempt to scheduJe its work, weather permitting, for the least impact to Enchanted Parks, other businesses and the citizens of Federal Way; Res. #05-446, Page 2 . . . NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREB Y RESOLVES AS FOLLOWS: Section 1. Noise and Work Hour Variancc. The City Council hereby grants a noise and work hour variance for the hours of 8:00 p.m. Saturday through 9:00 a.m. Sunday, and 8:00 pm Sunday through 7:00 a.m. Monday for the work to be done by the Washington State Department of Transportation during those weekend hours on the I-5 HOV lane project. NeighboÖng citizens will benefit from having this work completed in one weekend rather than over 50 nights. WSDOT will benefit from having a safer work environment. Local businesses wiU benefit from having the work completed prior to the summer season beginning. Section 2. Grant of Authority. The City Council hereby grants the Director of Community Development the authority and discretion to grant any additional exemptions to the work hour restrictions not covered by FWCC Section 22-1 006(b) to WSDOT for the completion of the I-5 HOV project. Section 3. Severability. If any section, sentence, clause or phrase of this resoJution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionaJity of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affïrmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. #05-446, Page 3 . . . RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 3rd day of May ,2005. CITY OF FEDERAL WAY aM~- MAYOR, DEAN McC~-= APPROVED AS TO FORM: -fw;cc ¿¡ ~- CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 5/3/2005 PASSED BY THE CITY COUNCJL: 5/3/2005 RESOLUTION NO.: 05-446 K\Resolution\WSDOT 1-5 HOV Res. # 05-44,6Page 4