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HomeMy WebLinkAboutEx18_Noise Variance JustificationNoise Variance Request Justification The Hearing Examiner will base their decision on the specific variance shown below (RMC 8-7- 8.D.1-7): The City will provide a response to each variance factor. List each factor for granting a noise variance and provide your response under the question. 1. 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. Applicant Response: The City is requesting this variance to work at night based on the fact that the Rainier Ave S corridor is a principal arterial and carries 42,000 ADT (Average Daily Traffic.) This project is addressing capacity and mobility improvements to the public and users. This variance is requested to complete the following major items of work: a. Performing temporary erosion and water pollution control b. Traffic control c. Pavement removal d. Installing new traffic signal systems and illumination e. Installing storm drainage f. Installing curb, gutter, and sidewalks g. Installing new utilities including sewer, water and a joint utility trench h. Pavement grinding and asphalt paving i. Implementing new channelization and permanent signing j. Additional safety items such as but not limited to pedestrian and trail improvements, ADA access, and landscaping. Rainier Ave S serves as a key connector for commercial, freight, motorist uses, and mass transit within the City of Renton. Daytime extended lane closures, full or partial, to perform this work would have the potential to worsen the already congested corridor. Pivetta Brother’s Construction, Inc., Renton’s representative on this project, will be required to provide a safe and efficient movement of people, goods, and services through and around any closures on the project, while minimizing negative impacts to residents, commuters, and businesses. In order to meet these requirements, it is necessary that some of the work for this project be done at night. Working at night is the best way to minimize negative effects as a result of construction which would only exacerbate the existing traffic conditions. 2. 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. Applicant Response: Temporary nighttime construction is one of the few tools that Renton applies to lessen traffic congestion and disruption to roadway users while improving the roadway. In general, we can summarize how the sound will be perceived by residents from a source such as this construction equipment as it propagates over distance as follows: a 6-dBA noise level decrease will occur with every doubling of the distance from a stationary noise source. For example, a noise level of 70 dBA measured at 50 feet would be 64 dBA at 100 feet, 58 dBA at 200 feet and 52 dBA at 400 feet. Noise also decreases if an object interferes with the receiver’s line of sight to the noise source as well as with a topographic interference either natural like a hill or a man-made berm. Also, in general, the residents are staggered out at several locations with different topographic features. How residents will perceive the sounds emanating from the construction site will vary. When distance is incorporated into the assessment as well as topography and the proposed mitigation measures, how much residences will perceive or not will depend on the item of work that will take place. The monitoring plan developed will address all the impacts to residents that will be impacted to minimize any possibility that the public health or safety will be diminished. If any noise related complaints are received, the contractor along with the agency will work on alternative mitigation measures to stop the inconvenience including providing hotel vouchers or identify state of the art measures currently in the market to minimize the impacts. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. Applicant Response: The requested noise variance will allow Renton/Pivetta Brother’s to accomplish this work in the minimum number of nights required to complete the work. This request includes up to 500 non-consecutive nights in total, including contingency. 4. 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 variance. The variance approval may be subject to conditions including, but not limited to, the following: Applicant Response: a. Implementation of a noise monitoring program as follows; Will only perform nighttime noise monitoring if a confirmed complaint is received. b. Maximum noise levels; Noise levels projected for this project have been estimated to generate peak noise levels of 61 to 92 dBA heard at 50 feet. Background traffic noise levels on Rainier Ave S reach approximate average noise levels up to 71 dBA during the daytime at 50 feet from the travel lane with a reduction to 66 dBA due to lower average traffic at night. c. Limitation on types of equipment and use of particular equipment; N/A d. Limitation on back-up beepers for equipment; All alarms will operate under OSHA and L&I rules and regulations and WAC and RCW. e. Required use of noise shields or barriers; Mitigation measures will include the use of acoustic noise blankets, or other means available for noise shielding as approved by the Engineer if installation within the work zone is feasible and they are not a safety risk to roadway users and workers. f. Restrictions to specific times and days; Night work will occur Monday thru Thursday night starting when the variance is approved, with an expiration date of December 31, 2025. g. Specific requirements for documentation of compliance with the noise variance conditions; The City’s project team will receive training and update of the conditions under which this variance was granted. The City’s project team will implement a Nighttime noise monitoring process if complaints are received. Monitoring reports will be made available to the city to demonstrate compliance. h. Specific requirements for notification to nearby residents; The City’s project team will notify by US mail residents, within 300 feet of the site ten (10) days prior the night work commencement. This notification will include the type of work, as well as phone number or email to request more information including specific requests or concerns. i. Required cash security to pay for inspection services to verify compliance; The City will pay for inspection services as required. j. Required access to the project by the City to verify compliance with the noise variance conditions; The City will grant access to the site to City staff as required. k. Specific program to allow for temporary hotel vouchers to effected residents; The City will provide hotel vouchers if earplugs and white noise machines are not sufficient, as requested by effected residents. l. Requirements for written verification that all workers understand the noise variance conditions for the project; Pivetta Brother’s will provide the City with an attendance sheet of workers that will participate in night work. m. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. The City’s project team understands that the City may revoke the variance if conditions are violated. 5. 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. Applicant Response: Rainier Ave S is a major part of the transportation system in Renton and the night work necessary to complete it is funded improvement authorized by the State Legislature will not cause impacts to the public safety, health and welfare nor harm will be suffered by the residences or properties due to the temporary increase over the 47 dBA permitted under the City of Renton Code. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Applicant Response: Reconstruction of existing roadways to adapt to a more current design that meets the city plan is a challenge because construction has to occur at locations where longtime residents are. Furthermore, if some of the work occurs during the day time there are additional consequences such extending the life of the project affecting the public for longer periods of time. So, unfortunately, working during the night is the only option that will allow the use of additional lane closures which will help to alleviate construction impacts. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Applicant Response: Noise levels produced by construction equipment is expected to range from 61 to 92 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 51 to 66 dBA at a distance of 300 feet from the source of the noise. A total of 500 non-consecutive nights, including contingency will be needed to complete the work. Furthermore, noise levels will not be concentrated at one location for more than 2 weeks at the time and not all unwanted sound will be as bothersome as others.