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.