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HomeMy WebLinkAboutSR_HEX_NWR South 23 - 25 Pavement Repair XL6747_finalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final A. REPORT TO THE HEARING EXAMINER Hearing Date: December 16, 2025 Project File Number: PR24-000064 Project Name: NWR South 23 - 25 Pavement Repair Project XL6747 Land Use File Number: LUA25-000376, V-H Project Manager: Ashley Wragge, Assistant Planner Owner: Washington State Department of Transportation (WSDOT) 15700 Dayton Ave N, Shoreline, WA 98133 Applicant/Contact: Amy Oppfelt, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98133 Project Location: SR 167 MP 26.18 to MP 27.18 and SR 515 MP 6.70 to MP 6.93 Project Summary: The applicant, WSDOT, is requesting a Noise Variance in order to exceed the nighttime (between the hours of 10pm and 7am) noise limits stated in RMC 8-7. The applicant is seeking approval to operate equipment on two (2) state highways (SR 167 and SR 515) that would exceed the maximum nighttime noise limits for work in the Class A Environmental Designations for Noise Abatement (EDNA) noise zone, which include parcels developed with residential uses. 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. Equipment that may be used includes a backhoe/excavator, backup and movement alarms, ground compactors, air compressors, diamond concrete grinders, concrete mixer trucks, concrete saws, flatbed trucks, generators, jackhammers, joint sealers, light towers, asphalt pavers, dump trucks, and material transfer vehicles (MTVs), air hoses and grinders, rollers, vacuum street sweepers, and traffic-control equipment such as truck-mounted attenuators and portable changeable message signs. The equipment used would result in sound levels up to 97 dBA when measured 50 feet (50’) away from the source. The purpose of the project is to provide crack sealing and asphalt patching on highways in Maintenance Areas 4 and 5 covering SR 515, SR 167, SR 161, SR 18, SR 523, SR 520, I-405, SR 202, I-90, and I-5 ramps. Within Renton city-limits, work will occur along SR 167 from MP 26.18 to MP 27.18 and SR 515 from MP 6.70 to MP 6.93. The applicant is proposing the work at night when traffic volumes are low enough to handle lane closures. According to the applicant, construction would take approximately 15 nonconsecutive days and occur between March 1, 2026 and December 31, 2026. Site Area: Approximately 1 Linear Mile of SR 167 and 0.23 Linear Miles of SR 515 City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 2 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final Project Location Map Ra i n i e r A v e S Ta l b o t R d S I-40 5 City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 3 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Site Plans Exhibit 3: Vicinity Map Exhibit 4: Detour Plans Exhibit 5: Traffic Control Plans Exhibit 6: Project Narrative Exhibit 7: Variance Application Responses and Mitigation Memo C. GENERAL INFORMATION: 1. Owner(s) of Record: Amy Oppfelt, Washington State Department of Transportation (WSDOT) 15700 Dayton Ave N, Shoreline, WA 98133 2. Zoning Classification: Not applicable. SR 167 and SR 515, WSDOT Limited Access Right-of-Way 3. Comprehensive Plan Land Use Designation: Not applicable. SR 167 and SR 515, WSDOT Limited Access Right-of-Way 4. Existing Site Use: Transportation Route, State Routes 515 and 167 5. Critical Areas: Regulated slopes (>15% &<=90%), a stream (Rolling Hills Creek), a wetland, high seismic hazards, flood hazards, high landslide hazards, high erosion hazards, and a wellhead protection area zone (Downtown, Zone 2) 6. Neighborhood Characteristics: SR 167 and SR 515 corridors abutting residential and commercial zoned properties 7. Site Area: Approximately 1 Linear Mile of SR 167 and 0.23 Linear Miles of SR 515 D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 6153 01/01/2025 Zoning N/A 6160 06/24/2025 Annexation (Wolfe) A-45-002 1225 09/18/1945 Annexation (Barei) A-56-002 1547 06/07/1956 Annexation (S 180th St) A-002-59 1745 04/19/1959 Annexation (Earlington) A-48-001 1320 07/13/1948 City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 4 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Title VIII Health and Sanitation a. Chapter 7, Noise Level Regulations i. 8-7-2: Maximum Environmental Noise Levels ii. 8-7-8: Variances and Appeal F. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on October 28, 2025 and determined the application complete on November 4, 2025. The project complies with the 170-day review time period. 2. The project site is located along two (2) state highways; approximately one (1) linear mile of SR 167 and 0.23 linear miles of SR 515. Specifically, it extends along SR 167 from Milepost (MP) 26.18 to MP 27.18 and along SR 515 from MP 6.70 to MP 6.93. 3. The project site is currently developed as State Route 167 and State Route 515. 4. The site is mapped with regulated slopes (>15% & <=90%), a stream (Rolling Hills Creek), a wetland, high seismic hazards, flood hazards, high landslide hazards, high erosion hazards, and a wellhead protection area zone (Downtown, Zone 2). 5. The purpose of the project is to provide crack sealing and asphalt patching on various highways in WSDOT Maintenance Areas 4 and 5. The work is proposed to be conducted between March 1, 2026 and December 31, 2026. Nighttime work is proposed for the entire life of the project primarily due to traffic impact concerns. The applicant is requesting approximately 15 nonconsecutive nights of work to complete the maintenance project (Exhibit 6). 6. Staff received no comment letters from the public or agencies. 7. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 8. Variance Analysis: The Washington State Department of Transportation (WSDOT) is requesting a Noise Variance from RMC 8-7 in order to exceed the nighttime noise limits between the hours of 10:00 pm and 7:00 am. The proposal is compliant with the following variance criteria, pursuant to RMC 8-7-8D. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis ✓ a. 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. Staff Comment: WSDOT is requesting a Noise Variance to complete night work on certain sections of SR 515 and SR 167 within Renton City Limits (SR 167 MP 26.18 to MP 27.18 and SR 515 MP 6.70 to MP 6.93). According to the applicant, WSDOT traffic engineers recommend that the lane closures required for the work occur City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 5 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final during nighttime hours to avoid delays to the traveling public, minimize impacts to bus routes and business access, and ensure worker safety. 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 in the City of Renton (Exhibits 2 and 3). Both SR 515 and SR 167 serve as essential transportation connectors for commercial, freight and motorist uses, and mass transit within the Puget Sound area. According to the applicant, one of the goals of the project is to provide safe and efficient movement of people, goods, and services through and around any closures on the project while minimizing negative impacts to residents, commuters, and businesses. To meet these requirements, the applicant contends that it is necessary that the work for this project is done at night. The applicant maintains that working at night is considered the best way to minimize the negative effects of construction. In addition, WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. The requested variance would allow a temporary exceedance of noise level limits during nighttime hours (between 10:00 pm and 7:00 am), which would allow the project to be completed without exacerbating existing daytime traffic conditions. The construction equipment and types of construction activities needed to complete the work would include backhoes/excavators, ground compactors, air compressors, diamond concrete grinders, concrete mixer trucks, concrete saws, flatbed trucks, generators, jackhammers, joint sealers, light towers, asphalt pavers, dump trucks, material transfer vehicles, texturing and curing machines, air hoses, grinders, rollers, vacuum street sweepers, and traffic control equipment (Exhibit 7). Staff concurs with the applicant that the location of the work within SR 515 and SR 167 are near some of the most heavily travelled intersections in Renton; the project is expected to temporarily impact city roads, primarily main arterials. Therefore, the variance is necessary because of the special circumstances applicable to the project location. The city would work with WSDOT on a daily basis to ensure the project would have the least amount of impact on roadway users and city residents. The proposed nighttime work is expected to mitigate the potential daytime 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 complete the project in a manner that limits the impacts on the community and improves safety for drivers and construction workers. Compliant if Condition of Approval is Met b. 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. Staff Comment: According to the applicant, the proposed project addresses deteriorating pavement conditions on sections of roadway heavily used by the public, and temporary nighttime construction is one of the few tools WSDOT can employ to lessen traffic congestion and minimize disruption to highway users while improving the roadway. WSDOT acknowledges that this project would impact local City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 6 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final arterials and streets for short periods of times following a construction program schedule posted with enough notice to the public and working in conjunction with the City of Renton and WSDOT task force. See Site Plans (Exhibit 2) for specific work area limits. For public benefit and safety, the City is part of an agreement in the Puget Sound area to limit traffic disruptions during the 2026 World Cup Games since there is expected to be a significant increase in traffic at all hours during the dates surrounding the games. The proposed window of construction overlaps with the World Cup dates from June 8, 2026 to July 13, 2026, which are blackout dates for all road construction projects and road closures. Therefore, staff recommends, as a condition of approval, the applicant shall not conduct nighttime work from June 8, 2026 to July 13, 2026. Noise levels projected for this project have been estimated to be between 61 to 97 dBA heard at 50 feet (50’) 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 (300’) from the source of the noise, and nighttime noise is not expected to be concentrated in any one location for more than a few days. WSDOT has proposed several noise mitigation measures to lower the impacts to nearby residents (Exhibit 7). See subsection ‘d’ for discussion of some of the proposed noise mitigation measures and their effect. Staff concurs with the applicant that the variance would not be materially detrimental to the public health, welfare or safety, nor injurious to property or improvements in the vicinity of the project site, if all conditions of approval are complied with. In addition, staff recommends conditions under subsection ‘d’ that would allow staff and the applicant to address complaints from residents in the vicinity of the work area. ✓ c. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: According to the applicant, the purpose of the requested Noise Variance is to allow WSDOT to accomplish crack sealing and asphalt patching work in Maintenance Areas 4 and 5, covering SR 167 and SR 515 in Renton, in the minimum number of nights required, as shown on the Site Plans (Exhibit 2). This request includes approximately fifteen (15) cumulative nights in total. Staff concurs with the applicant that the approval is the minimum variance that would accomplish the desired purpose. Mitigation measures are proposed by the applicant to diminish the impact on affected properties near the project sites. See subsection ‘d’ for recommended mitigation measures. Compliant if All Conditions of Approval are Met d. 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: 1) Implementation of a noise monitoring program; 2) Maximum noise levels; 3) Limitation on types of equipment and use of particular equipment; 4) Limitation on back-up beepers for equipment; City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 7 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final 5) Required use of noise shields or barriers; 6) Restrictions to specific times and days; 7) Specific requirements for documentation of compliance with the noise variance conditions; 8) Specific requirements for notification to nearby residents; 9) Required cash security to pay for inspection services to verify compliance; 10) Required access to the project by the City to verify compliance with the noise variance conditions; 11) Specific program to allow for temporary hotel vouchers to affected residents; 12) Requirements for written verification that all workers understand the noise variance conditions for the project; and 13) Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Comment: WSDOT provided a Variance Application Responses and Mitigation Memo (Exhibit 7) to follow RMC 8-7-8D.4, Factors for Granting Variance. Proposed noise mitigation measures to limit impacts on EDNA properties along both project corridors include the following: - 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. The applicant has proposed effective mitigation measures that would limit the anticipated nighttime noise impacts on affected properties. In order to ensure that complaints or issues submitted by residents are adequately addressed, staff recommends, as a condition of approval, that the applicant and contractor implement the noise mitigation measures (listed above) for granting a variance to diminish or eliminate noise during the NWR South 23 – 25 Pavement Repair Project XL6747. A summary of any noise-related complaints received and the responses provided shall be provided to the city’s project manager within one (1) week of receiving the complaint. In addition, staff recommends, as conditions of approval, the following: City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 8 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final - 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. - The applicant shall provide hotel vouchers if earplugs and white noise machines are not sufficient, as requested by affected residents, either prior to the commencement of excessively noisy nighttime work or within 24 hours of receiving a complaint. ✓ e. 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. Staff Comment: According to the applicant, both SR 515 and SR 167 are major parts of the transportation system of the Puget Sound area and the night work proposed is necessary to complete its funded improvement. WSDOT contends that the nighttime work would not cause impacts to the public safety, health and welfare and that no harm would be suffered by the residences or properties due to the temporary noise increase over the 47 dBA permitted under the City of Renton Code. Staff concurs with the applicant that the proposed maintenance project is necessary to address capacity and mobility improvements for the public and roadway users. The project benefits outweigh the limited-term noise impacts to residents and property owners, and the applicant has identified specific project measures to be implemented to reduce or eliminate excessive noise. ✓ f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: The applicant contends that rehabilitation of existing highway infrastructure is a challenge because construction has to occur at locations where significant traffic volumes are present. Furthermore, if the work occurs during the daytime, there are additional impacts such as extending the life of the project and increasing disruption to the public. The applicant further contends that working at night would allow WSDOT to limit impacts to the traveling public, bus service, and nearby businesses. Lastly, performing the work at night minimizes the danger to workers and the traveling public from road closures, detours and traffic delays. To mitigate those impacts from night work, WSDOT has been working and would continue to work with City of Renton staff and the community to minimize project impacts. No alternative locations are possible. ✓ g. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Comment: Noise levels produced by construction equipment is expected to range from 61 to 97 dBA at a distance of 50 feet (50’) 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 (300’) from the source of the noise. The applicant is requesting approximately 15 cumulative nights with the potential for flexibility. City of Renton Department of Community & Economic Development NWR South 23 - 25 Pavement Repair Project XL6747 Staff Report to the Hearing Examiner LUA25-000376, V-H Report of December 16, 2025 Page 9 of 9 SR_HEX_NWR South 23 - 25 Pavement Repair XL6747_final G. CONCLUSIONS: 1. The applicant, Washington State Department of Transportation (WSDOT), requested a Noise Variance in order to exceed the nighttime dBA limits for all EDNA properties along the NWR South 23 – 25 Pavement Repair Project XL6747 within Renton City Limits. 2. The proposed Noise Variance meets the seven (7) criteria to be considered in making a decision on a variance request as specified by RMC 8-7-8D, if all conditions of approval are met. The analysis of the proposal, according to Noise Variance criteria, is found in the body of the Staff Report, see FOF 8. H. RECOMMENDATION: Staff recommends approval of the NWR South 23 - 25 Pavement Repair Project XL6747, File No. LUA25- 000376, V-H, as depicted in the Site Plan (Exhibit 2), subject to the following conditions: 1. The applicant shall not conduct nighttime work during the World Cup dates from June 8, 2026 to July 13, 2026. 2. The applicant and contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the NWR South 23 – 25 Pavement Repair project, as described in the Variance Application Responses and Mitigation Memo (Exhibit 7). A summary of any noise- related complaints received and the responses provided shall be provided to the city’s project manager within one (1) week of receiving the complaint. 3. 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. 4. The applicant shall provide hotel vouchers if earplugs and white noise machines are not sufficient, as requested by affected residents, either prior to the commencement of excessively noisy nighttime work or within 24 hours of receiving a complaint. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: NWR South 23 - 25 Pavement Repair Project XL6747 Land Use File Number: LUA25-000376, V-H Date of Hearing December 16, 2025 Staff Contact Ashley Wragge Assistant Planner Project Contact/Applicant Amy Oppfelt, WSDOT 15700 Dayton Ave N, Shoreline, WA 98133 Project Location SR 167 MP 26.18 to MP 2 7.18 and SR 515 MP 6.7 0 to MP 6.93 The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Site Plans Exhibit 3: Vicinity Map Exhibit 4: Detour Plans Exhibit 5: Traffic Control Plans Exhibit 6: Project Narrative Exhibit 7: Variance Application Responses and Mitigation Memo