HomeMy WebLinkAboutNoise Variance Rainier Corridor1
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Rainier Ave S Corridor Improvements
Noise Variance
LUA23-000241, V-H
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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
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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
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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.
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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.
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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.
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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.
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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.