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Planning Comm MINS 10-15-2008 K:\Planning Commission\2008\Meeting Summary 10-15-08.doc CITY OF FEDERAL WAY PLANNING COMMISSION October 15, 2008 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, and Sarady Long. Commissioners absent: Bill Drake, Tom Medhurst, and Hope Elder (all excused). Alternate Commissioners present: Tim O’Neil and Kevin King. Alternate Commissioners absent: none. Staff present: Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Associate Planner Matthew Herrera, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chairman Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of September 17, 2008, were approved. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING – Construction Hours Code Amendment Mr. Herrera delivered the staff presentation. The proposed amendment would allow the Director of Community Development Services to give revocable permission to allow development activity and heavy equipment operation beyond the permitted hours. No comments have been received on this proposal. According to the Federal Way City Code (FWCC): “Development activity means any work, condition or activity which requires a permit or approval under this chapter [Chapter 22, “Zoning”] or the city building code. Heavy equipment means high capacity mechanical devices for moving earth or other materials…” (e.g., cranes, trench diggers, tractors over 80 hp, augers, concrete mixers, etc.). Development activity and heavy equipment operation is allowed between 7:00 a.m. to 8:00 p.m. Monday through Friday and on Saturdays between 9:00 a.m. to 8:00 p.m. Currently the Director of Community Development Services may give revocable permission for the overnight hours Monday through Friday and between 9:00 a.m. to 8:00 p.m. on Sundays and holidays. No development activity and heavy equipment operation is allowed during the nighttime hours of Saturday and nighttime and early morning hours of Sundays and holidays. The proposed amendment would maintain the current permitted hours of 7:00 a.m. to 8:00 p.m. Monday through Friday and on Saturdays between 9:00 a.m. to 8:00 p.m. In addition, it would allow the Director of Community Development Services to give revocable permission to allow development activity and heavy equipment operation for all hours beyond the permitted hours. Planning Commission Minutes Page 2 October 15, 2008 K:\Planning Commission\2008\Meeting Summary 10-15-08.doc As a result of this proposed code amendment, city staff believes that construction activities will be completed in less time; that more off-peak hours work will mean less on-peak hours work; and the overall impact to the community will be less. Permission to work beyond the permitted hours may be revoked if the city receives complaints. There was no public comment. Commissioner Bronson asked if industry people received notice of this issue and meeting. Ms. Clark replied notice of the meeting was published in the paper and on the city’s website. Commissioner Carlson commented that he supports the proposal. He believes it will help developers get more done in less time. He asked what threshold the director will use when deciding if a complaint has merit. Mr. Herrera replied that city has adopted the Washington Administrative Code noise standards. The director could give revocable permission to development activity, but not heavy equipment operation. This would allow some work (such as prep work) to be accomplished without a lot of noise. Commissioner Long asked if the proposed amendment would apply to Public Works projects. Mr. Herrera replied that yes, it would. Staff envisions this proposed amendment would mainly be used for larger projects, such as the Pacific Highway South project. Commissioner King asked if staff has any examples under the current code of permission that has been revoked. Mr. Herrera replied that the staff keeps a record of projects that have been given permission under the current code and to-date, none has been revoked. Chair Pfeifer commented that he strongly favors this proposed amendment. For two years, the city worked on the Pacific Highway South project in front of his business. During the holidays, he and other business owners joined together to request the city to give permission to work during evenings, weekends, and holidays to complete portions of the project (such as paving) sooner and thereby give better access to their businesses. Under the current code, the city was unable to grant their request, while the proposed amendment would allow the request to be granted. Commissioner Carlson moved (and it was seconded) to adopt the proposed amendment as recommended by staff. Commissioner Bronson commented that he does not support the amendment. He stated that there is too little protected quiet time at present and he does not favor reducing what little protected quiet time remains. The vote was held with three yes and one no; the motion fails. According to FWCC Section 22-539(a)(1), a proposal may only be adopted by majority vote of the entire membership (four of seven members). Since the Commission was unable to adopt the proposal, according to FWCC Section 22- 539(a)(3), the proposal will be forwarded to the Land Use/Transportation Committee (LUTC) as a “no recommendation.” The public hearing was closed. ADDITIONAL BUSINESS Ms. Clark informed the Commission that the next meeting will be November 5, 2008, and there will be two public hearing issues: FWCC Reorganization and Clearing, Grading, and Tree Retention Code Amendment or a study session on Traffic Impact Fees in lieu of the public hearing on the Clearing, Grading, and Tree Retention Code Amendment. The Outside Storage Containers Code Amendment will go to the City Council on October 21, 2008, for first reading. The Portable Signs Code Amendment will go to the City Council on October 21, 2008, for second reading. The LUTC and Council as a whole have made some changes to the Portable Signs Code Amendment. The code section that allows 10 off-site real estate signs was deleted and the Planning Commission’s recommendation of allowing 8 open house signs in the public right-of-way was changed to 10 open house signs. The hours were changed from the Planning Commissions’ recommendation of sunrise to sunset to 9:00 a.m. to sunset. Finally, a regulation was added that signs are to have contact information on them. Commissioner Carlson stated that he will be out of town on November 5th. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:30 p.m.