HomeMy WebLinkAboutHearing Examiner Decision & App A - WSDOT Noise Variance NWR S 23-25 Pavement Repair Project XL67471
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Noise Variance
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: I-405 Renton to Bellevue –
Express Toll Lanes Project
Noise Variance
PR17-000278
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FINAL DECISION
Summary
The Washington State Department of Transportation (WSDOT) has applied for a noise variance from
RMC 8-7-2 in order to complete night work on sections of SR 515 and SR 167 within the Renton City
Limits. The NWR South 23 – 25 Pavement Repair Project is part of a larger project in WSDOT
Maintenance Areas 4 and 5, which covers SR 515, SR 167, SR 161, SR 18, SR 523, SR 520, I‐405, SR
202, I‐90, and I‐5 ramps. The overall project is intended to provide strategic preservation before a future
major roadway rehabilitation project can occur. This variance is being requested to provide crack
sealing and asphalt patching on portions of SR 515 and SR 167. This request includes approximately
fifteen (15) cumulative nights in total, including contingency. The work is scheduled to begin around
April 2025 and be completed by December 2025. The variance is approved subject to conditions.
Testimony
A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing
testimony. The transcript is provided for informational purposes only as Appendix A.
Exhibits
Twelve exhibits were entered into the record as identified in the City’s exhibit list presented during the
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hearing.
Findings of Fact
Procedural:
1. Applicant. WSDOT, Amy Oppfelt, 15700 Dayton Avenue N., Shoreline, WA 98133
2. Hearing. A virtual hearing was held on the subject application on October 22, 2024 at 11:00 am
in the City of Renton.
Substantive:
3. Project Description. The Washington State Department of Transportation (WSDOT) has applied
for a noise variance from RMC 8-7-2 in order to complete night work on sections of SR 515 and SR 167
within the Renton City Limits. The NWR South 23 – 25 Pavement Repair Project is part of a larger
project in WSDOT Maintenance Areas 4 and 5, which covers SR 515, SR 167, SR 161, SR 18, SR 523,
SR 520, I‐405, SR 202, I‐90, and I‐5 ramps. The project site is located along two state highways,
including approximately 0.23 linear miles of SR 515 and one linear mile of SR 167. The project
addresses deteriorating pavement conditions on sections of roadway heavily used by the public. The
overall project is intended to provide strategic preservation before a future major roadway rehabilitation
project can occur. This variance is being requested to provide crack sealing and asphalt patching on
portions of SR 515 and SR 167. This request includes approximately fifteen (15) cumulative nights in
total, including contingency. The work is scheduled to begin around April 2025 and be completed by
December 2025.
The primary reason for conducting nighttime work is to minimize daytime traffic congestion and to
minimize impacts to freight and transit along the SR 167 and I-405 corridors and their tributary road
networks.
The applicant is seeking the ability to operate equipment on two (2) state highways (SR 167 and SR
515) that exceeds maximum noise limits for nighttime work in the Class A Environmental Designations
for Noise Abatement (EDNA) noise zone, which includes parcels of land developed with residential
uses (i.e. single-family homes, apartments, condos, etc). Class A EDNA properties are located near
portions of the project site. The nighttime noise limit for noise reaching properties in the Class A EDNA
zone is 47 dBA.
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). Some of the noisiest pieces of equipment that would be utilized include
backhoe/excavator, backup and movement alarm, ground compactor, air compressor, diamond concrete
grinder, concrete mixer truck, concrete saw, flatbed truck, generator, jackhammer, joint sealer, light
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tower, asphalt paver, dump truck, and material transfer vehicle (MTV), air hose and grinder, roller,
vacuum street sweeper, and traffic control equipment such as truck mounted attenuators and portable
changeable message signs (Ex. 6).
Noise levels resulting from project construction activities are expected to generate peak noise levels of
61-97 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish
to a range of 45 to 81 decibels at a distance of 300 feet from the source of the noise and nighttime noise
levels are not expected to be concentrated at one location for more than a couple of nights at a time.
3. Neighborhood Characteristics. The drilling will occur within hearing distances of areas abutting
SR 515 and SR 167 corridors abutting residential and commercial zoned properties. The most directly
affected properties are identified in the aerial photograph admitted as Ex. 3.
5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably
practicable. Though the same area may experience multiple episodes of nighttime noise as the project
progresses through phases, no one area is expected to be impacted for more than a couple of consecutive
at a time.
WSDOT will provide advance notice to affected property owners of the construction work along with
a complaint number should the noise still be a problem. In a worst case, WSDOT will provide hotel
accommodations if no other noise prevention mitigation proves effective. At hearing, WSDOT noted
that it had received a handful of complaints per month for the on-going I-405 work. However, this
project is not expected to generate the same level of noise. WSDOT anticipates the on-going traffic
noise will likely drown out the project construction noise as it is mostly crack filling and asphalt
patching. The loudest noise is likely human voices as workers attempt to communicate with each other
over the sound of traffic. WSDOT will first try measures such as ear plugs and if that doesn’t work,
they ultimately can provide the hotel vouchers. As previously identified, no work is anticipated to occur
for more than two or three continuous nights in any one location. Notice is sent out to neighbors within
a 500-foot radius of any specifically anticipated construction work.
The reason that WSDOT concluded that potentially affected residents should not perceive an
appreciable increase in freeway background noise is because of distance from the proposed project
activities to the residences and intervening structures and topography. In addition, noise also decreases
if an object interferes with the receiver’s line of sight to the noise source. Therefore, residents along
the construction corridor would perceive construction sounds at various decibel levels due to varying
distances, topography (berms or elevations changes), and other features (such as intervening
commercial structures) that break the line of sight.
Noise levels projected for this project have been estimated to generate peak noise levels of 61 to 97
dBA heard at 50 feet.
WSDOT provided a Variance Application Responses and Mitigation memo (Ex. 7) proposing noise
mitigation measures to include the following:
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- All trucks performing export haul shall have well maintained bed liners as inspected and
accepted by the Engineer.
- Truck tailgate banging is prohibited. All truck tailgates shall be secured to prevent
excessive noise from banging.
- A copy of the noise exemption shall be kept on the project site at all times.
- Written notifications detailing the anticipated work schedule, project duration, and a 24‐
hour noise complaint number will be sent to all residents and businesses located within
500 feet (500’) of the project boundary, at least 14 calendar days prior to any anticipated
nighttime construction work.
- Contractor and WSDOT personnel must refrain from parking and idling vehicles near
residential areas.
WSDOT intends to utilize a number of mitigation measures and monitoring techniques to limit impacts
on EDNA properties along both project corridors. For example, the contractor and WSDOT personnel
would refrain from parking and idling vehicles near residential areas and truck tailgate banging is
prohibited.
The applicant has proposed effective mitigation measures that would limit the anticipated nighttime
noise impacts on the impacted properties. In order to ensure that complaints or issues submitted by
residents are adequately addressed, the contractor along with WSDOT would work on alternative
mitigation measures to stop the disruption.
Conditions of approval will further require:
- The applicant shall post nighttime work on the WSDOT web/internet site so residents
have digital access to information that the City of Renton might see as appropriate.
- All night work shall occur Monday through Friday.
- The applicant shall provide hotel vouchers if earplugs and white noise machines are not
sufficient, as requested by effected residents prior to commencement of excessively
noisy nighttime work or within 24 hours of receiving a complaint.
As addressed in Conclusion of Law No. 6, RMC 8-7-8(D)(4) includes some suggested mitigation
measures that have not been recommended in the staff report. The omitted mitigation measures are
code enforcement tools designed to facilitate staff oversight of compliance with noise mitigation
measures, such as cash security for inspections, staff access to the project site and the right to revoke
the variance upon noncompliance. The mitigation measures from RMC 8-7-8.D.4 omitted from the
staff recommendation are not found necessary to further minimize impacts and therefore will not be
imposed by this Decision.
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6. Practical Difficulties and Special Circumstances. The variance is necessary to avoid daytime
SR 515 and SR 167 closures that would cause significant traffic congestion that would likely spill over
onto City streets.
According to the WSDOT, the SR 167 and I-405 corridor is a major part of the Puget Sound
Transportation system. The overall project will provide maintenance on heavily trafficked roadways.
No alternative locations are possible.
WSDOT maintains that daytime closures, full or partial, to perform this work would have the potential
to worsen the already congested SR 167 and I-405 corridor and their tributary road network.
Furthermore, if frustrated highway network users encounter daytime closures, there is a high risk that
traffic would overflow onto city arterials and local streets increasing travel time of local residents,
business and transit, and school bus drivers. In addition, WSDOT has indicated that safety for drivers
and construction workers improves when work is conducted at night. The requested variance would
enable the project to be completed without exacerbating existing daytime congestion.
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 special circumstances are the proximity of the SR 167 and I-405 corridor, including SR
515, to adjoining homes and the critical need for night-time work to complete the needed maintenance.
City and WSDOT staff have concluded that closing off sections of SR 167 and SR 515 during daytime
hours would severely and unacceptably increase congestion both in the I-405/SR 167 corridor and
surrounding City streets. The project is required to preserve and maintain the high use roadway
network. Strict application of the City’s noise regulations would deprive WSDOT of the ability to
maintain its highway network in a manner that is compatible with the interests of the surrounding
community. In this regard, strict adherence would deprive WSDOT of the rights other developers have
to construct their projects in an environmentally responsible manner.
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.
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4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are
mitigated to the extent reasonably practicable under the circumstances and will be of relatively short
duration by project phase. It is recognized that each residence may experience multiple periods of
nighttime noise over the course of the project as it progresses by phase. However, the duration of each
of these periods is short and should be spread out over the seven months of the project life. Ultimately,
the mitigation measures require the applicant to provide hotel accommodations if the noise proves too
much for adjoining property owners. In this regard, beyond the temporary inconvenience of relocation,
the noise impacts are completely mitigated and as a result, the granting of the variance would not be
considered materially detrimental to the public welfare or injurious to surrounding properties or
improvements.
RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
desired purpose.
5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all
measures it reasonably can to reduce noise impacts. As noted in Finding of Fact No. 6, the proposed
work must be done in night to avoid significant congestion impacts during the day on both SR 167 and
SR 515 and City streets. Since the Applicant has done everything it reasonably can to reduce noise
impacts and there is no feasible alternative to do the work during daytime hours, the variance is
considered to be the minimum variance that accomplishes WSDOT’s objective of maintaining the high
capacity highway network.
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.
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6. All mitigation measures identified above have been incorporated into the conditions imposed
upon the variance request by this Decision except for g, i, j and m. The mitigation measures that have
not been adopted by this decision are code enforcement and inspection tools designed to facilitate staff
oversight of the project. Deference is given to staff on this issue and the measures are not imposed.
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. As outlined in Finding of Fact No. 6, the need for the variance is critical to helping WSDOT
alleviate maintain the pavement condition in a significant transportation corridor and as outlined in
Finding of Fact No. 5 the impacts to affected residences are temporary and have been fully mitigated.
On balance, the noise impacts to affected residents cannot be avoided given the need for the project.
RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
8. As noted in Finding of Fact No. 6, the roadway maintenance is necessary to preserve the
integrity of the highway network. There is no other alternative location these maintenance activities
could be constructed.
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 extent and duration of noise impacts do not appear to be significant. As noted in Finding
of Fact No. 5, noise levels produced by construction equipment is expected to range from 61 to 97 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 81 dBA at a distance of 300 feet from the source of the noise. The applicant is proposing
a total of up to 15 non-consecutive nights to complete the work (up to December 31, 2025). The greatest
number of nights that any one residence will be exposed to noise exceeding nighttime standards will
be 2-3 nights. The same residence is unlikely to experience multiple periods of increased noise beyond
the noise standard as the maintenance activities will be completed in linear fashion. WSDOT contends
that with its proposed mitigation the noise levels will not be perceived as significantly more than the
existing background noise of the roadway network. However, noise levels should be reduced or
mitigated by the proposed mitigation measures (Ex. 7) and additional conditions of approval as
described in FOF No. 5.
DECISION
The proposed variance is justified for the reasons identified in the Conclusions of Law above and is
thereby approved subject to the eight conditions listed in Finding of Fact No. 5.
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ORDERED this 5th day of November 2024.
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 8
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.
Transcript by Rev.com Page 2 of 8
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.
Transcript by Rev.com Page 3 of 8
(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.
Transcript by Rev.com Page 4 of 8
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
Transcript by Rev.com Page 5 of 8
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):
Transcript by Rev.com Page 6 of 8
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):
Transcript by Rev.com Page 7 of 8
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.