Res 05-446
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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
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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
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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