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HomeMy WebLinkAboutSR_Sounders_Noise_Variance__v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SR_Sounders FC Center at Longacres Noise Variance_20230530 A. REPORT TO THE HEARING EXAMINER Hearing Date: June 6, 2023 Project File Number: PR22-000301 Project Name: Sounders FC Center at Longacres Noise Variance Land Use File Number: LUA23-000134, V-H Project Manager: Jill Ding, Senior Planner Owner: Unico Longacres South Building LLC, Unico Longacres South Campus Land LLC, Unico Longacres Central Drainage LLC, 1215 4th Ave, Suite 600, Seattle, WA 98161 Applicant: Unico Properties, 1215 4th Ave, Suite 600, Seattle, WA 98161 Contact: Tom Chiado, Chiado LLC on behalf of Seattle Sounders, FC, 406 Occidental Avenue S, Seattle WA 98104 Project Location: 1901 Oaksdale Ave SW, Renton, WA 98057 (Parcel Nos. 0886700220, 0886700110, 0886700120, 0886700130, 0886700210, 0886700370, and 0886700140) Project Summary: The applicant is requesting a noise variance for hauling outside of the normal haul hours of eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Monday through Friday as well as for associated unloading and loading activities during the nighttime hours. The source and intensity of the noise would be from trucks, loaders, and excavators. The after-hours activity and associated noise would primarily be from unloading and loading of truck hauling material. The proposed hauling hours would occur intermittently between 3:30 pm and 8:30 am with the loading and unloading of trucks and the moving of materials onsite occurring between 10:00 pm and 7:00 am. The work is anticipated to occur for a period of six (6) months, Mondays through Saturdays. The project site is located approximately 0.75 miles from a resi dentially zoned area. Site Area: Approximately 30 acres City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Noise Variance Staff Report to the Hearing Examiner LUA23-000134, V-H Report of June 6, 2023 Page 2 of 6 SR_Sounders FC Center at Longacres Noise Variance_20230530 B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Variance Justification Exhibit 3: Site Plan Exhibit 4: Advisory Notes C. GENERAL INFORMATION: D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation History N/A 1745 04/19/1959 Sounders FC Site Plan and CUP LUA22-000357 N/A 01/12/2023 Sounders FC Minor Site Plan Modification LUA23-000103 N/A 04/06/2023 1. Owner(s) of Record: Unico Longacres South Building LLC Unico Longacres South Campus Land LLC Unico Longacres Central Drainage LLC 1215 4th Ave, Suite 600 Seattle, WA 98161 2. Zoning Classification: The project site is located within the Commercial Office (CO) zone. 3. Comprehensive Plan Land Use Designation: The project site is located within the Employment Area (EA) Comprehensive Plan Land Use designations. 4. Existing Site Use: The project site is currently being developed with the Sounders FC Center at Longacres under LUA22-000357 and LUA23-000103. 5. Critical Areas: The project site is mapped with high seismic hazard areas, wetlands, and flood hazard areas. 6. Neighborhood Characteristics: The surrounding properties are also owned by Unico and are part of the larger Longacres Campus within the CO zone. 7. Site Area: Approximately 30 acres N 30th St I-405 City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Noise Variance Staff Report to the Hearing Examiner LUA23-000134, V-H Report of June 6, 2023 Page 3 of 8 SR_Sounders FC Center at Longacres Noise Variance_20230530 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. RMC 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS – GENERAL 2. Title VIII, Chapter 7 Noise Level Regulations G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on April 28, 2023 and determined the application complete on May 3, 2023. The project complies with the 120-day review period. 2. The proposal would be located at 1901 Oaksdale Ave SW, Renton, WA 98057 (Parcel Nos. 0886700220, 0886700110, 0886700120, 0886700130, 0886700210, 0886700370, and 0886700140). 3. The project site is currently being developed with the Sounders FC Center at Longacres under LUA22- 000357 and as modified under LUA23-000103. 4. The project site is mapped with high seismic hazard areas, wetlands, and flood hazard areas. 5. The applicant is proposing construction work from June 2023 to November 2023. 6. No public comments were received during the 14 day public comment period. 7. The requested noise variance would be exempt from Environmental (SEPA) Review in accordance per the exemption for variance land use decisions under WAC 197-11-800(6)(e). 8. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 9. Variance Analysis: The proposal would include hauling outside of the normal haul hours of eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Monday through Friday as well as for associated unloading and loading activities during the nighttime hours. The source and intensity of the noise would be from trucks, loaders, and excavators. The after-hours activity and associated noise would primarily be from unloading and loading of truck hauling material. The proposed hauling hours would occur intermittently between 3:30 pm and 8:30 am with the loading and unloading of trucks and the moving of materials onsite occurring between 10:00 pm and 7:00 am. The work is anticipated to occur for a period of six (6) months, Mondays through Saturdays. The proposal is compliant with the following variance criteria, pursuant to RMC 8-7- 8.D, provided the recommended conditions of approval are complied wi th. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis ✓ a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to the applicant’s property or project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. Staff Comment: The applicant contends that the requested noise variance is necessary because the applicant must excavate, remove, and fill the field area in a five month window to bring the fields on-line together, achieve grow-in for the grass fields, and meet the applicant’s project objective to begin training on-site in 2024. Limiting hauling to the code specified hours of 8:30 a.m. to 3:30 p.m. will not achieve project objectives, City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Noise Variance Staff Report to the Hearing Examiner LUA23-000134, V-H Report of June 6, 2023 Page 4 of 8 SR_Sounders FC Center at Longacres Noise Variance_20230530 and creates more potential interference between the hauling and loading activities and pedestrian activities along and around site boundaries. Approval of the variance would help keep pedestrians and the public safer and allow for less traffic congestion caused by concentrating hauling during the daytime. Staff concurs that the applicant suffers practical difficulties with regards to compliance with the City’s adopted work hours as specified in RMC 4-4-030C due to the limited timeline required for field construction completion. Staff also concurs that permitting hauling during the nighttime hours would reduce potential conflicts between truck traffic and other pedestrian and vehicular traffic that would be more prevalent during the daytime hours. ✓ b. That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. Staff Comment: The applicant contends that the approval of this noise variance would not be detrimental to the public health, welfare, or safety. The nearest occupied residential zone in Renton is nearly 4,500 linear feet (or more than 3/4 of a mile) away from the project site and across SR 167. This distance is expected to reduce the noise to be below the nighttime limits at the nearest residential receiving site. To the west, there is 1,254-feet to the Longacres property boundary, then the Union Pacific railroad corridor, followed by the Sounder rail station, and commercial areas in Tukwila. Allowing the nighttime hauling will be less impactful during daytime hours, when there is much higher use of the surrounding streets for public travel, and more pedestrians on the local sidewalks and trail system. Staff concurs that the requested noise variance would not be materially detrimental to the public welfare, as the proposed hauling would not take place within the immediate vicinity of a residential zone and would reduce potential conflicts between the truck traffic and existing pedestrian and vehicular trips in the vicinity of the project site. ✓ c. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that due to the large volume of material that needs to be moved on- and off-site, nighttime work is needed to meet construction schedule needs for field installation and grow-in periods. In addition, working outside of regular business hours would allow for safer conditions for hauling for employees, pedestrians, and the general public, as it will reduce truck trips across sidewalks and trail crossings while people are using them during the day. The applicant has requested a 6-month period to accommodate an expected 5-month window of work, but export/import is not expected to occur every night during this time frame. The nighttime work would occur a week or two at a time, spread out over the 5-month period. The total amount of trucking if done at one time will be 1.5-2 months over the total 5-month period. The sixth months is requested as a contingency measure in case of unexpected delays in the construction schedule. Staff concurs that the requested variance is the minimum variance necessary to allow the applicant to complete the required work in the timeframe needed to construct the proposed fields and allow for the grass to grow for onsite training which is expected to begin in 2024. Compliant if Condition of Approval is met d. That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Noise Variance Staff Report to the Hearing Examiner LUA23-000134, V-H Report of June 6, 2023 Page 5 of 8 SR_Sounders FC Center at Longacres Noise Variance_20230530 variance. The variance approval may be subject to conditions including, but not limited to, the following: 1) Implementation of a noise monitoring program; 2) Maximum noise levels; 3) Limitation on types of equipment and use of particular equipment; 4) Limitation on back-up beepers for equipment; 5) Required use of noise shields or barriers; 6) Restrictions to specific times and days; 7) Specific requirements for documentation of compliance with the noise variance conditions; 8) Specific requirements for notification to nearby residents; 9) Required cash security to pay for inspection services to verify compliance; 10) Required access to the project by the City to verify compliance with the noise variance conditions; 11) Specific program to allow for temporary hotel vouchers to affected residents; 12) Requirements for written verification that all workers understand the noise variance conditions for the project; and 13) Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Comment: The applicant anticipates that noise impacts would be mitigated by the distance between the project site and residentially zoned properties, not running trucks unless absolutely necessary, turning equipment and trucks off when not being utilized, and loading/unloading the trucks as far away from the public right-of-way, trails, and other facilities/businesses to the extent feasible. Staff concurs that with the implementation of the mitigation measures discussed above that adverse impacts of the proposed construction would be adequately mitigated , provided that proper coordination occurs with Development Engineering staff prior to the commencement of any nighttime work. Staff recommends, as a condition of approval, that equipment and truck engines be turn off unless absolutely necessary and when not in use; loading/unloading activities shall occur as far away from the public right-of-way, trails, and other facilities/businesses to the extent feasible ; and proper coordination shall occur with Development Engineering staff prior to the commencement of any outside of standard working hours (7:00 am – 3:30 pm, Monday-Friday). ✓ e. The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. Staff Comment: The applicant contends that residents or adjacent property owners are not intended to be disturbed by the proposed nighttime hauling nor shall the health, safety, welfare of the public. City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Noise Variance Staff Report to the Hearing Examiner LUA23-000134, V-H Report of June 6, 2023 Page 6 of 8 SR_Sounders FC Center at Longacres Noise Variance_20230530 H. CONCLUSIONS: 1. The applicant, Unico Properties, requested a noise variance in order to haul outside of the normal haul hours of eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Monday through Friday as well as for associated unloading and loading activities during the nighttime hours. The proposed hauling hours would occur intermittently between 3:30 pm and 8:30 am with the loading and unloading of trucks and the Staff concurs that the requested variance would not adversely impact residentially zoned properties or neighboring commercial uses. ✓ f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: The applicant contends that the equipment would be staged as such to be as far away from public or adjacent property lines as to minimize the public interaction with the noise. Also, the equipment would be turned off when not being utilized. The loading and unloading will take place at the interior (westerly) edge of the parking lot, to increase the distance from the location of noise generating activities to off-site receiving areas. The haul route avoids traveling through or near to occupied residential areas. In addition, to the extent that hauling, loading and unloading can be undertaken outside of regular business hours, noise impacts will be reduced on adjacent commercial properties Staff has reviewed the request and concurs that the preferred locations and methods for the work proposed would result in the least impact to surrounding properties. ✓ g. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Comment: The applicant contends that the equipment used would consist of loaders, excavators, and trucking equipment. The Federal DOT Common Outdoor Noise chart indicates that a Diesel Truck produces 80 dB at 15 meters as a baseline for the project on-site source of noise. The Project site is EDNA Class B (Commercial) – based on WAC 176-60-040 maximum permissible environmental noise from a Class B zone, received at a Class A zone is 57 dB. With the 10 dB reduction for off hours noise received by a Class A zone, allowable nighttime noise from a temporary construction site would be 47 dB at a Class A receiving site. That noise level may be exceeded without a variance for limited durations, however, because of the need to efficiently unload and load trucks, those durations may not be feasible. The hours will be trucking materials intermittently between the hours of 3:30 p.m. - 8:30 a.m. and loading trucks and moving materials onsite from 10 p.m. to 7 a.m. This work will be continuing for up to 6 months, and would be 6 days per week, Mondays - Saturdays. This will be an off and on-again activity for up to 6 months from the start of construction. Staff has reviewed the request and concurs that the requested variance to permit nighttime work is not anticipated to significantly impact residential uses as the closest residence is approximately 4,500 feet from the project site. City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Noise Variance Staff Report to the Hearing Examiner LUA23-000134, V-H Report of June 6, 2023 Page 7 of 8 SR_Sounders FC Center at Longacres Noise Variance_20230530 moving of materials onsite occurring between 10:00 pm and 7:00 am. The work is anticipated to occur for a period of six (6) months, Mondays through Saturdays. 2. The proposed noise variance meets the seven (7) criteria to be considered in making a decision on a variance request as specified by RMC 8-7-8.D, if all conditions of approval are met. The analysis of the proposal according to noise variance criteria is found in the body of the Staff Report, see FOF 9. I. RECOMMENDATION: Staff recommends approval of the Sounders FC Center at Longacres Noise Variance, File No. LUA23-000134, V- H, as depicted in Exhibit 2, subject to the following conditions: 1. The Applicant shall implement the following noise mitigation measures: a. Equipment and truck engines shall be turn off unless absolutely necessary and when not in use; b. Loading/unloading activities shall occur as far away from the public right-of-way, trails, and other facilities/businesses to the extent feasible; and c. proper coordination shall occur with Development Engineering staff prior to the commencement of any work outside of standard working hours (7:00 am – 3:30 pm, Monday-Friday). CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: Sounders FC Center at Longacres Noise Variance Land Use File Number: LUA23-000134, V-H Date of Hearing June 6, 2023 Staff Contact Jill Ding Senior Planner Project Contact Tom Chiado, Chiado LLC on behalf of Seattle Sounders, FC 406 Occidental Avenue S, Seattle WA 98104 Project Location 1901 Oaksdale Ave SW, Renton, WA 98057 (Parcel Nos. 0886700220, 0886700110, 0886700120, 0886700130, 0886700210, 0886700370, and 0886700140) The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Variance Justification Exhibit 3: Site Plan Exhibit 4: Advisory Notes