HomeMy WebLinkAboutHearing Examiner Decision - WSDOT Noise Variance NWR S 23-25 Pavement Repair Project XL6747 - Appendix A
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Appendix A
October 22, 2024 Hearing Transcript
Noise Variance -- PR17-000278
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 at
the City of Renton Community and Economic Development Department should anyone need an
accurate rendition of the hearing testimony.
Speaker 1 (00:00):
The official start time. You want to start recording Kenny,
Speaker 2 (00:03):
Of course. Recording in progress.
Speaker 1 (00:07):
Okay, it's October 22nd, 2024, 11:00 AM on Phil Res hearing Examiner for the City of Renton. We have a
hearing this morning on an application for a noise variance file number PR 24 dash 64 with the
Washington State Department of Transportation as applicant. It looks like Alex Morgan Roth is the staff
lead on this one. The hearing format is, we'll start off with Mr. Morgan Roth giving us an overview of
what the variance application is about. Once he's finished, then we'll allow the applicant to speak in
favor of their application if they want and then we'll move on to public comments. And so far, we may
not have any members of the public, but if we do, we'll give 'em a chance to talk after the applicant's
done. Then we go back to Mr. Morgan Roth to wrap it up and applicant gets final word and I get 10
business days to issue that decision. And let's see, Jenny, you got the exhibit list? You can post up there.
Alright, so we have a total of how many total exhibits, Jenny, along with the staff and everything or
presentation and all that.
Speaker 3 (01:16):
Well we have nine for the hearing examiner reports and 12 total.
Speaker 1 (01:22):
Okay. Alright. So at this point, since it doesn't look like we have any members of the public, I'll be real
brief and anyone have any objections over entry of those 12 exhibits? If you do, just raise your virtual
hand at the bottom of your screen there where it says raise hand or say I object if you're actually in the
meeting room hearing, seeing no objections and we'll admit exhibits one through 12. Mr. Morgan Roth,
let me swear you in. Just raise your right hand. Do you swear affirm to tell the truth, nothing but the
truth in this proceeding?
Speaker 4 (01:49):
I do.
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Speaker 1 (01:50):
Great. Go ahead.
Speaker 4 (01:51):
Okay, thanks Mr. Examine, let me share my screen here.
Speaker 1 (01:58):
Oh yeah, let's see
Speaker 4 (02:00):
Here. You got that? Okay.
Speaker 1 (02:04):
Yeah.
Speaker 4 (02:05):
Okay, awesome. Thanks. Well, yeah. Hello everyone. Alex Markoff, principal planner with City of Renton
going to be making a staff recommendation for the NWR South 23 to 25 pavement repair project, which
essentially is a wash dot project for some pavement, some road and highway repair in the city of
Brenton, part of a larger maintenance project. But this is obviously for a noise variance for only the work
within the city limits within the city of Renton. So a little bit about the project. So the applicant, which is
washed out, are requesting the hearing examiner noise variance. So we do require the public hearing for
the noise variance and a hearing examiner decision for when work is going to occur for more than two
nights consecutive nights. So that's why this is being requested. So for 15 consecutive nights of work
about obviously there could be some changes with work like this work's proposed along approximately
0.23 linear miles of state route five 15 and one linear mile of state route 1 6 7 in rent and off some maps
coming up here to illustrate that work to begin at about April of 2025 and ended December of 2025.
(03:21):
And again, the project according to the applicant is just to provide crack ceiling and asphalt patching on
various highways throughout the region. Probably anticipation of some larger repairs coming down the
pipeline, but that's kind of the first step there. And then the variance is being requested just to limit
impacts to traffic. These are very busy state routes carrying everything from passenger traffic
commuters to a lot of cargo stuff for Boeing, all the warehousing down in the valley there. So had one
public comment and that was from King County Wastewater treatment Division. They've got some
infrastructure in the area they've already been coordinating with WashDOT and if you have any
questions on that, I'm sure they'll wash out. Representative can chat about that more, but I know that
they are talking to each other about that. So here's the project site. Had to kind of mash these two maps
together just so you can kind of follow along there.
(04:17):
So this is 1 67, so north would be to the right there mostly basically all commercial industrial properties
along there. So that's about one mile of work there and then here, and that's 4 0 5 that you've got going
by there again north to the right. And this is five 15 also Benson Road, local name. So kind of that a little
bit of portion south of 4 0 5 there. And this is where we're capturing getting some residences within
about 500 feet of the site there. And so that's kind of the main area I guess not of concern, but just
where impacts might be the most felt just because of the type of land use there.
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(05:08):
So some of the equipment, I'm not going to read through all this, but just kind of standard equipment
used for roadway repair, light repair. So this is where most of the noise impacts are going to come from
at night as far as the noise levels. Looking at between 61 to 97 decibels at a distance of 50 feet expected
to diminish to 45 to 81 at a distance of 300 feet. And just because of the nature of the work, it probably
is going to move around a bit. It's not going to be just 15 nights at one location in front of one house, but
they'll kind of move on along the roadway as they complete their work.
(05:47):
So a lot more analysis obviously in the staff report. But these are kind of the criteria that we looked at
and did find that the applicant's request, which would allow temporary exceedance of noise limits
during nighttime hours that's between 10:00 PM and 7:00 AM would allow for the project to be
completed without exacerbating the existing daytime traffic conditions and met the criteria that we ask
for to be met to issue a variance. Those seven criteria there again, more analysis in the staff report.
There are I believe four conditions of approval related to some various mitigation. Just making sure that
neighbors are informed and that they have an outlet to submit any complaints and that there are,
there's mitigation. So if it is really impactful to someone that they have alternatives. So I'll get into those
conditions there. So those are the four conditions staff's recommending part of the noise variance, so
implementation of noise mitigation measures in the staff report.
(06:48):
And then summary of any noise related complaints received provided to the city's project manager. So
me within one week of receiving the complaint posted the nighttime work on WashDOT's website,
which they do anyway, but just to make sure that's on there. All night works occur Monday through
Friday. And then that their applicant WashDOT should provide hotel vouchers if some of the other
mitigation techniques that they're able to offer to use residential folks that live nearby needed. So those
are the four conditions recommended for approval and staff is recommending approval of the noise
variance with those four conditions. So short presentation, but I'm happy to answer any questions.
Speaker 1 (07:34):
Yeah, I think we've done a few of these and that gives us a good baseline for how well these mitigation
measures work. I mean the mitigation measures seem to just cover everything that you could
reasonably do to mitigate noise impacts and up until recently it looked like they worked pretty well. I
recall one hearing where we had a couple people saying they'd been next to some projects before and it
wasn't a great experience for them. Just kind of curious, I mean, what's the track record so far with
these? Do you know Mr. Morro, as I said, you've been getting many complaints and have they been
effectively resolved or how is this working essentially?
Speaker 4 (08:12):
Yeah, I would say it's really project dependent. I guess I've worked on a few, it seems like we often get
more complaints for projects that people not might expect to get nighttime work. So I think a lot of
people expect if you live near a highway or live near a busy road, there's going to be some nighttime
work occasionally. And I find we haven't seen as many complaints from that where we have seen maybe
some complaints as if it's like a private, where Boeing has done some work on their site and maybe
everyone knows Boeing is making planes and making some noise. But I think that's a little where you
maybe get some more of the complaints, not just kind of what people see as the standard. Everyone
knows the roads get repaired every once in a while, so I don't think we've seen any major complaints
from wash stuff. It might be from other projects that are a little more out of the normal.
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Speaker 1 (08:57):
Oh I see. We
Speaker 4 (08:58):
Might not think you would need nighttime work. And then we get more questions kind of, Hey, why are
they doing work here or there? Or maybe some, we had a King County, they were doing a sewer
interceptor replacement that was a few years back, got a couple of questions about that because it was
just a huge project that had a lot of digging below gray. This is going to be kind of on the surface, just
kind of standard what you'd see for any road repair. And I'll let maybe the applicant, they have more
experience doing these all over the place. Maybe they
Speaker 1 (09:24):
Have,
Speaker 4 (09:25):
There's other complaints from depending on the type of work, but we find with the road the roadway
projects may be a little bit less than some other more one-off projects that people might not normally
think of as needing nighttime
Speaker 1 (09:37):
Work. How are the complaints usually resolved? Are people sometimes actually put up in a hotel or
sent?
Speaker 4 (09:44):
I don't know if we've ever, I think sometimes, I can't think of an example of one of my projects. I might
defer to the applicant if they've had any experience with when it's their turn, if they've had any
experience with that. I have not had any of that on my projects, but I'm
Speaker 2 (10:00):
Fairly
Speaker 4 (10:01):
Certain it's probably happened before for larger projects.
Speaker 1 (10:05):
I mean, just guessing. I bet you I would bet that a lot of times it's resolved by telling them it's almost
done one or two more nights and it's over and that's it. Right. Is that often?
Speaker 4 (10:16):
I think so. Especially for projects like this where it's not like the King County interceptor project that
lasted for like six months of nighttime. We're talking about a couple of weeks here. And same for some
other, a couple of Boeing projects that were affecting some residences in the Southport area. So that
was, yeah, we wouldn't have any hotel voucher, but they changed some of the timing. We basically
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came to the city, this was years ago now when they came to the city and we worked with them to try to
say, Hey, can you do some of this? Maybe at 9:00 PM instead of 2:00 AM
Speaker 1 (10:49):
Big
Speaker 4 (10:49):
Jackhammering that was making a lot of noise, so much more noise than what I dissipate is
Speaker 1 (10:53):
Going to
Speaker 4 (10:53):
Be for this project. They were putting in piles and driving piles, which can be really
Speaker 1 (10:59):
Impactful. Okay. Well that's good to hear. You guys can have some options available. So thanks Mr.
Morgan Roth, appreciate your testimony. Alright, let's move on to applicant. Anyone from the applicant
team want to add anything at this point?
Speaker 3 (11:14):
Hello? I could
Speaker 1 (11:16):
Jump
Speaker 3 (11:17):
In, but Alex did a really great job summarizing this project.
Speaker 1 (11:21):
Okay, Ms. Opel, let me swear in first, just raise your right hand. Do you swear firm tell the truth, nothing
but the truth in this proceeding?
Speaker 2 (11:27):
Yes.
Speaker 1 (11:27):
And for the record, your last name is spelled O-P-P-F-E-L-T, is that correct?
Speaker 3 (11:32):
Yes.
Speaker 2 (11:32):
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Okay,
Speaker 1 (11:32):
Great. Go ahead.
Speaker 3 (11:35):
So the only thing I guess that I would add is just our reasoning for working at night to reiterate that
again, construction related closures during daytime hours would result in delays in the traveling public.
And this would include impacting bus routes. Both of these locations do have bus stops and they would
probably have to be either relocated or closed. And so we would see delays in that during the daytime
as well as affecting businesses. There are some businesses in the area and it would adversely impact
traffic along a highway city arterials. It can jeopardize workers and public safety. So we do ask that
construction work at night to would provide the least amount of impact. And then at these types of
highway lane closures, and we're not doing full closures in this area, but that lane closures could be
handled during these nighttime hours with the low traffic volumes that we see.
(12:36):
And then Alex did a great job. I was going to share our proposed mitigation measures, but we also had
some others that I can add here. We asked the contractor, the engineer with trucks performing expert
haul to make sure that they have well maintained bedliners and inspected and accepted by our washout
engineer truck tailgate. Banging is prohibited, a copy of a noise variance would be kept on the site. And
then we'd have written notifications detailing the anticipated work schedule, the project duration, a 24
hour complaint number to be sent to all residents. And we do within 500 feet. And we also send these
out at least 14 calendar days prior to any anticipated nighttime work. And so this is where we'd
anticipate if there were any complaints or concerns, the public could reach out to us at that time when
we have more concrete dates. And then we also have contractor and wash dot personnel refraining
from parking and idling vehicles. So luckily, again, that's all this has been stated, but we do anticipate
not a lot of impact and we also anticipate no complaints. Residents are located over 300 feet from the
project vicinity, the state route 1 67 location. In particular, the residents aren't even first row receivers.
And I anticipate they probably won't even notice it's happening and that's our hope anyway. So that's all
I have to add. Nick, did you want to say anything or?
Speaker 5 (14:25):
Yeah, I can. Oh,
Speaker 1 (14:26):
Mr. Menzel, let me swear in. Just raise your right hand. Do you swear for and tell the truth, nothing but
the truth in this proceeding?
Speaker 5 (14:32):
I do.
Speaker 1 (14:32):
And for the record, that's M-E-N-Z-E-L, is that correct? Okay, great. Go ahead.
Speaker 5 (14:37):
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Yeah, and so I'll just add to, for these specific locations, we didn't identify any areas where we might
have any grinding of the pavement repair or do patchwork repair. So for these two locations within
Renton, we're anticipating that'll be crack sealing only. And so that should also contribute to low noise
levels being emitted rather than having grinding machines or paving machines.
Speaker 1 (15:11):
And this is a question I always ask on these noise variance applications because there's so many
different people affected usually, especially with wash dot projects. I mean, what's going to be the worst
experience someone's going to have in terms of duration and noise levels? Which house is closest and is
going to be next to the most work and what's that going to be like for them?
Speaker 5 (15:35):
I would say for this project in particular, I would anticipate maybe hearing contractors try to
communicate with one another if they're a distance away from each other since it is about a mile long
for 1 6 7, and then I think it's about less than half a mile for five 15. Oh,
Speaker 1 (15:56):
Okay. So you're saying actually the loudest noises are going to be people yelling at each other at night. Is
that going to be the worst thing people get out of this or That's not too bad
Speaker 5 (16:07):
And also since lanes of traffic will be open without the grinding machine, I think that the ambient traffic
noise might drown out the actual construction work itself in this space.
Speaker 1 (16:19):
Okay. Okay. Alright. So not too bad a project as far as nighttime work goes, it sounds like. Sounds good.
Thank you Mr. Menzel. Alright, let's move on to public comments at this point. And Mr. Cisneros, do we
have members of the public or not? I see a couple people in the attendee.
Speaker 3 (16:37):
We do have a couple people in, yes. Attendees. I don't know if Amy, do you recognize them or are they
with your group? If not, then they would be members of the public.
Speaker 1 (16:47):
Yeah. If those of you who are watching want to say something at this point or have questions, go ahead
and click on the raise hand button at the bottom of your screen and we will make sure you can be heard.
Nope, not seeing any takers there, that's just fine. Alright, Mr. Groth, any final comments?
Speaker 4 (17:04):
No final comments. Yeah. Thank you Amy, for talking about a few of those signals are also included in
the staff report. So if you just want to look at those mitigation measures, Mr. Examiner, they're in there
as well. But yeah, nothing else to add. I think guys, noise variances go pretty easy one, it's really we're
going through the public hearing just because of how long it's going to be essentially. Otherwise, if it
was only a day or two, just be an administrative variance. So that's all I've got.
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Speaker 1 (17:29):
Okay. Sounds good. Alright, I'll go ahead and close the hearing. And yeah, it does compare to the other
ones we've had sound like a pretty modest impact on people. I mean, most of the adjoining properties
are commercial, which that's a good use to have for this kind of project. So yeah, it sounds pretty good.
It should be a pretty straightforward approval and I'll get that out the next couple of weeks. So thanks all
for participating. We're adjourned for this morning.