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HomeMy WebLinkAbout09-26-2023 - HEX Decision - LUA-23-0002411 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Rainier Ave S Corridor Improvements Noise Variance LUA23-000241, V-H ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The City of Renton Public Works Department Transportation Design Engineering Division has applied for a noise variance to enable night-time construction to complete construction on the Rainier Ave S Corridor Improvements – Phase 4 project. Specifically, the Applicant has applied for a noise variance from the noise limits imposed by WAC 173-60-050(3) as adopted by RMC 8-7-2 from 10:00 pm to 7:00 am for 500 nonconsecutive working days along Rainier Ave S. from S. 3rd St to NW 3rd Pl. The variance request is approved subject to conditions. Testimony A computer-generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Exhibits The 21 exhibits identified at page 2 of the Staff Report were admitted into the record during the June 6, 2023 hearing. The following exhibits were also admitted during the hearing: Exhibit 22: City PowerPoint Exhibit 23: Renton COR maps 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 2 2 Exhibit 24: Google Earth of project vicinity Findings of Fact Procedural: 1. Applicant. Michelle Faltaous on behalf of City of Renton Public Works Department Transportation Design Engineering Division, City of Renton, 1055 S Grady Way, Renton, WA 98057. 2. Hearing. A virtual hearing was held on the subject application on September 12, 2023 at 11:00 am in the City of Renton, Zoom Meeting ID No. 946 7233 4580 . Substantive: 3. Project Description. The City of Renton Public Works Department Transportation Design Engineering Division has applied for a noise variance to enable night -time construction to complete construction on the Rainier Ave S Corridor Improvements – Phase 4 project. Specifically, the Applicant has applied for a noise variance from the noise limits imposed by WAC 173-60-050(3) as adopted by RMC 8-7-2 from 10:00 pm to 7:00 am for 500 nonconsecutive working days along Rainier Ave S. from S. 3rd St to NW 3rd Pl. The purpose of the corridor improvements is to improve transit mobility, pedestrian accessibility, and safety. The primary reason for conducting nighttime work is to lessen daytime traffic congestion along Rainier Ave S corridor. A variance from RMC 8-7-2 is necessary to conduct the nighttime work, as maximum permissible environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15 dBA permitted for periods of 1.5 to 15 minutes in any one-hour period (WAC 173-60-040). Noise levels resulting from project construction activities are expected to generate peak noise levels of 61 to 92 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 76 decibels at a distance of 300 feet from the source of the noise. Some of the noisiest pieces of equipment that would be utilized include an excavator, generator, backhoe, concrete saw, fork lift, jackhammer, compactor (roller), and vacuum truck. 4. Neighborhood Characteristics. The properties abutting the construction site are all zoned CA. Although a little unclear from staff testimony, it doesn’t appear that any residences directl y abuts the site, but that all residences are separated from the project site by at least one lot of commercial development. 5. Adverse Impacts. As conditioned, the proposal is mitigated to the maximum extent reasonably necessary to mitigate noise impacts. In a worst case scenario, the City will provide hotel accommodations to residents who are unreasonably affected by noise levels. At the outset, it is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 3 3 important to recognize that no homes directly abut the project site. Homes will be shielded by intervening commercially developed lots as well as in some cases topography. The 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 45 to 76 dBA at a distance of 300 feet from the source of the noise. The City has also taken all reasonable methods available to mitigate noise impacts. As determined in Finding of Fact No. 6 Rainier Avenue is currently one of the most significant thoroughfares in the City and is extremely congested. Therefore, in assessing reasonableness of mitigation, anything slowing down or limiting the scope of the project is not a working option, since that will affect the existing very difficult traffic conditions that City residents must endure during peak hours, both in terms of delaying improvements to the street that will reduce the congestion and more importantly, minimizing the exacerbation of daytime congestion during construction. In this vein, the City’s mitigation measures are identified and found adequate as follows: 1. Noise monitoring will be conducted upon receipt of noise complaints. If monitoring is done, reports will be submitted to City oversight staff to monitor impacts; 2. All back up alarms and beepers will operate under OSHA and L&I rules and regulations and WAC and RCW; 3. Noise shields such as ]noise blankets, or other means available for noise shielding as approved by the Engineer will be used if installation within the work zone is feasible and they are not a safety risk to roadway users and workers. 4. Night work will be limited to Monday through Thursday with a current expiration date of February 26, 2025. 5. The City’s project team will receive training and update of the conditions under which this variance is granted. The City’s project team will implement a nighttime noise monitoring process if complaints are received. Monitoring reports would be made available to the city to demonstrate compliance. 6. The City’s project team will notify by US mail residents within 300 feet of the site. This notification would include the type of work as well as a phone number or email address for requests for additional information. A condition of approval also requires that a phone number be identified in the notice for complaints. Complaints shall be addressed within 24 hours or one business day. In addition, a summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within one week of receiving the complaint. 7. The City’s Transportation Division will pay for inspection services as found necessary by the City’s project manager and shall grant access to inspection staff as necessary 8. The City’s Transportation Division will provide hotel vouchers if earplugs and white noise machines are not sufficient, as requested by affected residents. 9. The project construction contractor will provide the city with an attendance sheet of workers that would participate in night work. A condition of approval requires that the applicant verify to the City’s project manager that all construction workers at the project site have been trained on compliance with the noise mitigation measures required by this decision. 10. An added condition subjects this approval decision to revocation should the City fail to comply with its proposed noise mitigation measures or the conditions of approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 4 4 6. Practical Difficulties and Special Circumstances. Practical difficulties and special circumstances justify the variance. According to the applicant, Rainier Ave S corridor is a principal arterial that carries 42,000 ADT (Average Daily Traffic) and the purpose of the project is to address capacity and mobility improvements to the public and users (Exhibit 18). In addition, the applicant contends that Rainier Ave S serves as a key connector for commercial, freight, motorist uses, and mass transit within the City of Renton. City staff testified that the corridor is operating at Level of Service F, the City’s lowest grade for traffic congestion. The corridor is also one of the most heavily travelled routes in the City. Daytime extended lane closures, full or partial, to perform the work would have the potential to worsen the already congested corridor. The proposed nighttime work is expected to mitigate the potential day time impacts on residents, road users and area businesses. By allowing nighttime work to exceed the Environmental Designation for Noise Abatement (EDNA) for all classes (Class A, Class B and Class C) of properties, the applicant can finish the project quicker and limit the impacts on the community and improve safety for drivers and construction workers. Conclusions of Law 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)). 2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-8(D). RMC 8-7-8(D)(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. 3. The criterion is met. The special circumstances involve the extreme congestion of the project area and its significance as one of the City’s most significant transportation corridors as outlined in Finding of Fact No. 6. RMC 8-7-8(D)(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. 4. The criterion is met. As determined in Finding of Fact No. 5, as conditioned and mitigated, the proposal is mitigated as much as reasonably possible without creating further congestion impacts during daytime hours. Overall the public will benefit from approval of the variance by the reduction of congestion impacts during daytime hours. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 5 5 RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 5. The criterion is met. As noted in Finding of Fact No. 6, any additional daytime work to avoid night time impacts would cause significant problems with daytime use of the corridor RMC 8-7-8(D)(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: a. Implementation of a noise monitoring program; b. Maximum noise levels; c. Limitation on types of equipment and use of particular equipment; d. Limitation on back-up beepers for equipment; e. Required use of noise shields or barriers; f. Restrictions to specific times and days; g. Specific requirements for documentation of compliance with the noise variance conditions; h. Specific requirements for notification to nearby residents; i. Required cash security to pay for inspection services to verify compliance; j. Required access to the project by the City to verify compliance with the noise variance conditions; k. Specific program to allow for temporary hotel vouchers to effected residents; l. Requirements for written verification that all workers understand the noise variance conditions for the project; and m. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. 6. The criterion is met. All mitigation measures reasonably necessary to mitigate noise impacts are proposed and/or made conditions of approval as specifically outlined in Finding of Fact No. 5. Any additional measures would have a negative impact upon daytime congestions and/or are not necessary given that the City itself is the applicant. RMC 8-7-8(D)(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. 7. The criterion is met. The proposal involves a difficult balance of construction work of extensive duration verses the critical need to avoid adding traffic to a heavily congested and significant transportation corridor. Ultimately the fact that no residences directly abut the project site and that mitigation measures include an adaptable mitigation regime serves as a reasonable balance of competing interests. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 6 6 RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 8. The criterion is met. As laid out in Finding of Fact No. 5, there are no better alternatives available. The project clearly can’t be moved and all reasonable measures for the locked-in location are being taken. RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. 9. The criterion is met. For the reasons identified in Conclusion of Law No. 7, the extent and duration of noise impacts has been reasonably factored into the merits of variance approval. DECISION The proposed variance is approved subject to the conditions below: 1. The applicant and the contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the Rainier Ave S Corridor Improvements: Phase 4 project, as described in the project narrative (Exhibit 17). Complaints shall be addressed within 24 hours or one business day. In addition, a summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within one week of receiving the complaint. 2. The applicant shall post an after-hour noise complaint phone number and all scheduled nighttime work planned on the transportation systems – projects and programs webpage so residents have digital access to when and where the nighttime work would occur along the corridor and where to provide complaints. The complaint phone number shall also be included in the applicant’s proposed mailed notice to residents within 300 feet of the project site. 3. The variance approval shall be subject to revocation if the conditions of approval are not followed and noncompliance results in a material increase in noise impacts. Revocation may be requested by any aggrieved City resident or City staff and a hearing shall be scheduled with the Examiner within 21 days of request. Said request shall be accompanied with an appeal fee the same as that which applies to hearing examiner appeals of Type II permits. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 7 7 4. The applicant shall provide written verification to planning staff that all construction workers at the project site have been trained to comply with required noise mitigation measures. ORDERED this 26th day of September 2023. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 8-7-8(F) provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) further requires appeals of the Hearing Examiner’s decision to be filed within fourteen (14) calendar days from the date of the Hearing Examiner’s decision. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Transcript by Rev.com Page 1 of 7 Appendix A September 12, 2023 Hearing Transcript Rainier Ave. Corridor Noise Variance -- LUA23-000241 Note: This is a computer generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. A recording of the hearing is available from the City should anyone need an accurate rendition of the hearing testimony. Examiner Olbrechts: (00:07): Progress. There it is. Okay, for the record, it's September 12th, 2023, 11:00 AM I'm fall break's hearing. Examiner for the City of Renton. Have a request for a noise. Noise ordinance variance file number L UUA 23 dash 0 0 0 2 4 1. See we have Mr. Clark here. This is the planner who's in the lead planner for the project. And also this looks like the applicant is here with us as well. The hearing format is we'll start off presentation from Mr. Clark, then applicant gets a chance to speak and then we'll move on to public comments. And so far, Jenny, it looks like no public, is that correct? You think? Looks like it, I believe, yeah. Yeah, I know we did receive one written letter anyway, which is actually, that's even unusual for these noise variances. But if we do get any members of the public, they'll be allowed to join us. (00:56): After applicant speaks, then we'll go back to Mr. Clark for final comments and then applicant and then get 10 business days to issue a decision. So let's deal with exhibits real quick and let's see. I can share screen. Great. They're there. It's on the screen. It's already there. Okay. So we got exhibits one through 21, and since we don't have any members of the public, I'll just ask real quick any objections of entry of exhibits one through 21? Okay, hearing none, we'll let those in then. So Mr. Clark, let me swear you in. Just raise your right hand. Do you swear or affirm to tell the truth, nothing but the truth in this proceeding? I do. Okay, great. Go ahead Speaker 2 (01:31): Mr. Brooks. We do want to add some exhibits to the record as well for those ones that we typically add. Examiner Olbrechts: (01:37): Oh, okay. Sure. Oh, the other ones? Yeah. Yeah. Okay. The other ones, we got the staff PowerPoint and the core maps and Google Earth. Any objections over that? 22 through 24. Alright, hearing on those are in there as well. Okay. Alright. Mr. Clark, did I swear you in Mr. Clark? I don't know if I got that far. Yep. Okay, great. Go ahead. Alright, Mr. Clark: (01:57): Lemme go ahead and share the PowerPoint presentation here. Everybody can see that? Examiner Olbrechts: (02:11): Yeah, yet are you sharing screen? I don't think I don't see anything on the screen. Transcript by Rev.com Page 2 of 7 Mr. Clark: (02:16): You don't see anything yet? Okay. Examiner Olbrechts: (02:24): No, now it's coming up. We got it. Mr. Clark: (02:29): You got it? Okay. All right. Are you seeing the notes page or the regular Examiner Olbrechts: (02:40): Notes page? Mr. Clark: (02:41): The notes page. Okay. How about now? Examiner Olbrechts: (02:50): Yeah, now it's got the full screen. Mr. Clark: (02:53): Perfect. Okay. All right. Thanks for entering those exhibits into the record. And this is going to be staff's PowerPoint presentation or exhibit 22. Like I said, we have the applicant here today, the City of Brenton, public Works transportation design engineering division, and this is the noise variance for the Rainier Avenue South Corridor improvement phase four. And so first I'm going to start off by giving a brief description of what the cret request is here today. And then I'll go into project goals zoning and conclude with staff's recommendation. But the city of Renton Transportation Division is requesting a noise variance from Rent municipal code eight dash seven dash two to complete construction on the Rainier Avenue South Corridor improvements Phase four project from 2008 to 2014, the city completed the first three phases of the Rainier Avenue South improvements here. The purpose of continuing the corridor improvement is to further improve transit, mobility, pedestrian access, and improve safety. (04:01): The nighttime work would occur along Rainier Avenue South from South third Street, past airport way up to Northwest third street, or third place, rather, just west of the south end of the Renton airport. The project construction runs approximately 0.6 linear miles that's going on the map there. And the applicant is requesting approximately 500 non-consecutive working days and nights between now or now as part of this particular land use application to the completion of the project. And the primary reason for conducting this nighttime work is to lessen daytime traffic congestion along Rainier Avenue South Corridor. All right, go to the next slide here. So some of the benefits listed for this project include benefits to overall traffic flow and safety through access management traffic, signal upgrades and coordination to improve the pedestrian environment and safety, resulting in aesthetically vibrant transportation corridor provides intersection improvements at South Third Street and South second Street. (05:13): In preparation of the two-way conversion, it extends the southbound business access transit lane from South second Street to South third Street. It will include construction of a segment of the regional Transcript by Rev.com Page 3 of 7 pedestrian bike path trail or the Lake Washington Loop Trail from airport way to 1000 feet north of airport way. We'll also include the installation of a pedestrian activated traffic signals at South Victoria Street Northwest third place. And then the final project goal listed on the slide here is sidewalk widening, street scaping, decorative roadway and pedestrian illumination, as well as new landscaping and buffers in the median. And just pulled an image there from Google Maps, which shows how much of a desperate need this street is for these improvements. (06:10): All right. The zoning along the corridor consists of mostly ca zone. However, there are some sprinkled in residential properties kind of on the periphery, and those would be R eight, R 10, and R M F. The applicant did receive a tier one temporary use permit with 13 conditions of approval earlier this year. Project work began about six months ago. Under that land use application listed jumping into the Washington Administrative Code 1 73 60 0 4 0, it does set the maximum permissible noise levels based on the environmental designation for noise abatement. Nighttime work hours are considered by this code from 10:00 PM to 7:00 AM and during these hours, the noise levels are reduced by 10 decibel levels for those receiving properties. In the table listed there, you can see the class A, class B and class C Class A properties would be those residential or residential uses. Commercial uses are the Class B properties and the light industrial are the class C properties. (07:28): Because the nighttime construction work has proposed along Rainier Avenue South, which is a principal arterial with mostly abutting CA zone properties, the noise limitations for the project would be on the higher end of that table. In addition, the nighttime work levels may exceed those numbers under certain circumstances. For example, the receiving properties can bump up an additional five D B A for 15 minutes for a one hour period or 10 D B A for five minutes for a one hour period or 15 D B A for one and a half minutes in a one hour period. So there's a little bit of flexibility within the decibel levels based on the receiving properties during those nighttime work hours. And if we jump then to the construction equipment list here, project noise would come from a variety of construction equipment supporting these construction activities, which would include grading, hauling, dumping material, removing asphalt structure, braking and removal, paving operations, and dust control. (08:44): Some of the noises, pieces of equipment I've included in the table here, those would include an excavator, a boom truck with an auger concrete saw, forklift jackhammer, and a vacuum truck. The full list of construction equipment is included in Exhibit 16, and it also identifies what the decal levels would be at 50 feet, a hundred feet, 200 feet, and 300 feet from the source. The sound levels can range for each piece of equipment from anywhere from 61 to 92 decibels at a level of 50 feet from the source down to a range of 45 to 76 decibels at 300 feet from the source. And noise and nighttime noise levels are not expected to be concentrated at one location for more than two weeks at a time. And not all sound created by the project would be equally bothersome. For example, like I said, this was a fairly long stretch of Rainier Avenue South and so multiple intersections, and so the work would be moving as it's scheduled. And the schedule is also listed in Exhibit 21. (09:59): All right, just a couple more slides here. Residents along the project corridor with perceived construction sounds of various deductible levels due to varying distances. You also have a little bit of topography in the area, and then it's a fairly well developed portion of the city, so you have other buildings which would break the line of sight and sound as well. And staff, as was mentioned, did receive one public comment email on August 4th of this year regarding construction noise, which indicated that the lady Transcript by Rev.com Page 4 of 7 who made the comment that this construction has the ability to disrupt sleep for her who was a teacher and then also her high school aged son and staff was able to respond to this public comment on August 8th of this year. And then the applicant has also indicated that they would develop a monitoring plan that would address all the impacts to the residents that would be impacted to minimize any possibility that the public health or safety would be diminished, and that can be signed in the staff report under finding of fact nine (11:15): And quickly. In addition, the applicant has proposed several other noise mitigation measures that follow R M C eight dash seven dash eight D four in order to lower the risk to project noise impacts. For example, night work would only occur on Mondays through Thursday nights. The project team would notify folks within 300 feet of the site or the type of work and the phone number or email to address would be available. And also the applicant has offered to provide hotel accommodations, which would be available if the noise proofs to be too much for the zoning property owner. For example, if earplugs and sound noise machines do not work, then we'd resort to the hotel accommodations. And then the full list of mitigation measurement can be found under the variance analysis in the staff report. And that can be found under finding of fact nine D. (12:18): So staff is recommending approval of the written Avenue South corridor improvements phase four and subject to two conditions of approval. And briefly number one here, implement the noise mitigation measures described in the project narrative address any kind of complaints received within 24 hours or when business day provide a summary to the city project manager within one week receiving that complaint. And then number two, post an after hour noise complaint, phone number, and all scheduled nighttime work plan for the transportation on the city's transportation system webpage so that residents do have access to when and where the nighttime work would occur along the corridor and where to provide complaints to. And with that, I'll stop sharing. I'll be happy to answer any questions. Examiner Olbrechts: (13:10): Some quick questions. I think you mentioned that there'd be no point along the route that would experience more than two weeks continuous noise, I guess, of construction. Would that be total for the whole construction period or, I mean, is it possible that there'd be more work a few weeks later that would take a few days or I was just trying to figure out what you meant by that two weeks. Mr. Clark: (13:34): Yeah. I would anticipate that the nighttime portion of the work would not exceed two weeks at any given period. However, the schedule in Exhibit 21 lists out all the placements of the project as it goes through. So there will be work that takes place during the day. There will also be work that may have to come back. They may not tackle an entire intersection all at once. Examiner Olbrechts: (14:03): And then I was trying to remember on the Noyce standards for the receiving properties, you mentioned they're all zone ca, which is commercial. Are the no standards based on zoning or was it actual use? Like I say, I can't remember off the top Mr. Clark: (14:15): Of that. It's more use, Transcript by Rev.com Page 5 of 7 Examiner Olbrechts: (14:16): Yes. Yep. Okay. And then, I mean, I really liked that exhibit two with the aerial, with the construction area overlaid on top of it, but the aerial is really faded. Can't quite tell. I can't distinguish between commercial and residential uses on here. I was just wondering real quick, maybe if you could kind of point out where the closest residences, are there non-conforming residential uses in some of the CA's own properties or I'm just curious if there's going to be any that are actually along the route at all. Mr. Clark: (14:49): Yeah, no, there's just a handful of residential properties that are just off the principal arterial street. So most of the businesses along Rainier that are zone ca are actually commercial businesses. So retail and what have you, residentials are just one or two properties behind, but they fall within the 300 foot feet of the work that is being proposed. Examiner Olbrechts: (15:16): Oh, okay. So are you saying that none are right along Rainier Avenue Mr. Clark: (15:20): Then? Yeah, there's no residential Examiner Olbrechts: (15:21): Properties along Rainier. Oh, okay. So I guess what the closest are going to be like what, a hundred feet or something like that maybe? And we're talking about what was the formula for reduction D B A over distance? I can't remember. It was like, well, I can look it up. I know you've got it in there somewhere, I think. Mr. Clark: (15:42): Yeah, so it really depends on where the noise source is coming from, so what property it's coming from to where it's being received. And the noise levels do decrease significantly with distance. Examiner Olbrechts: (16:02): Yeah, that's what I remember. Okay. Alright. Thanks Mr. Clark. Really good. Okay, let's move on to the applicant's. Are you Ms. Altos, is that correct? Okay. I'd have to unmute yourself there. Lemme swear in. Just raise your right hand. Do you swear affirm and tell the truth nothing but the truth this proceeding? Ms. Faltaous: (16:18): I Examiner Olbrechts: (16:18): Do. Okay, great. Go ahead. Ms. Faltaous: (16:22): So sorry. The project itself, so right now we have the project down to one lane in each direction to allow for the construction work. And oftentimes there are instances where the contractor needs more real estate to be able to perform the work to get the joint utility trench in and just various underground Transcript by Rev.com Page 6 of 7 utilities. And it becomes very problematic to perform that work during the day, reducing Rainier Avenue down to one lane. So it is in the best interest to allow for some of the work to happen at night that allows for additional closures to help it lessens the impact on the surrounding businesses as well as the traffic. Examiner Olbrechts: (17:24): Right. Yeah. And just to make it clear for the record, sure. Everyone who's participating in this hearing knows what the traffic is like on Rainier Avenue South during the day, and that's ample justification probably for doing it any construction work at night. But of course, if this were to be appealed, the judge wouldn't know that. So if we could describe what the traffic's during the day, do you have any idea what the level of service is at the intersections along Rainier Avenue South there, or, Ms. Faltaous: (18:02): I am not sure what the A D T is along the corridor, but that is information that I can gather. Examiner Olbrechts: (18:11): Yeah, yeah. I mean, just kind of an estimate would, well, Ms. Faltaous: (18:15): It's a principal arterial, right? And so you're talking hundreds of thousands of Examiner Olbrechts: (18:23): Cars that are actually talking about level of service. I mean, you can't estimate it'd be down at a D or E or something, or, yeah, okay. No, that's fine. Ms. Faltaous: (18:35): No, sorry, hold on. My supervisor Bob is also on the call. Examiner Olbrechts: (18:40): Oh, okay. Speaker 5 (18:41): Yeah. The level of service at several of the intersections falls Ms. Faltaous: (18:46): Below F Examiner Olbrechts: (18:46): F Oh, okay. During Ms. Faltaous: (18:48): Daytime? Examiner Olbrechts: (18:49): Transcript by Rev.com Page 7 of 7 Yeah. Yeah. I could say it kind of feels that way when you're driving along there. Mr. Hansel, let me swear you in real quick. Just if you could raise your right hand. Do you swear firm that your testimony is the truth to the best of your ability? Yes, I do. Okay, great. Thank you very much. Alright. Yeah, yeah, like I said, yeah, I think it's one of those things that's obvious to everybody, but on a judicial appeal and all the judge has is the transcript. It's good to say. Yeah, we've got roads that are operating at L O S F here and we don't want to reduce these by any number of lanes. Okay, thanks next for your assistance on that. So let's move on to Jennifer. Is there any members of the public out there? It looks like it's all staff to me. There is not. Pardon? Ms. Faltaous: (19:26): There is Examiner Olbrechts: (19:27): Not. Okay. Alright. Clark, any final comments? Nope. Okay. I think that, yeah, I think we can go ahead and close the hearing and yeah, I think it's definitely night work is warranted here, so I should be able to prove that pretty easily and get out the decision in the next couple of weeks. So thanks all for participating. We're adjourned for this morning. Have a good day. Ms. Faltaous: (19:47): Recording stopped.