HomeMy WebLinkAboutSR_KC Interceptor Noise Variance_Report_and Exhibits_190214REPORT TO THE HEARING EXAMINER
Hearing Date:
February 26, 2019
Project File Number:
PR18-000544
Project Name:
King County Eastside Interceptor Noise Variance
Land Use File Number:
LUA18-000684, VA-H
Project Manager:
Alex Morganroth, Associate Planner
Owner:
City of Renton, 1055 S Grady Way, Renton, WA 98055 (Right-of-way)
The Boeing Company, 737 Logan Ave N, Renton, WA 98055 (Parcel #s 0886610020 and 0886600060)
Applicant/Contact:
Darlene Gaziano (King County Wastewater)
201 Jackson St, Suite 505, Seattle, WA 98104
Project Location:
Within the Logan Ave N ROW from Lake Washington Blvd N to N 6th St
Staging Areas on Parcel #s 0886610020 and 0886600060
Project Summary:
The applicant, King County Wastewater, is requesting a noise variance in order to exceed the night time (between the hours of 10pm and 7am) noise limits in RMC 8-7 for approximately
one year, between spring 2019 and spring 2020. The applicant is seeking the ability to operate equipment 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). The nighttime
noise limit for noise reaching properties in the Class A EDNA zone is 47 dBA. Class A EDNA properties are located at both the north end and south end of the project site. At the north
end of the project area on parcel #0823059057, the applicant is proposing to operate an electric bypass pump and odor control unit that would result in a sound level of up to 53 dBA
at properties adjacent to the project. At the south end of the site, the applicant is proposing to operate equipment used for excavation during the bypass installation that would result
in sounds levels up to 85 dBA at properties adjacent to the project. The purpose of the project is to rehabilitate the Eastside Interceptor Section 2, a 96-inch reinforced concrete
pipe used for sewage flow running primarily within the Logan Ave N right-of-way (ROW) between Lake Washington Blvd N and Burnett Ave N. The project would include the establishment of
two staging areas adjacent to Logan Ave N (one near N 8th St and the other near Garden Ave N, the relining of the entire 3,900 feet long pipe using a Linabond lining system, and installation
of a temporary bypass system to reroute flows during the lining process. According to the applicant, construction on the pipe would last approximately eight (8) months. The applicant
submitted a noise study with the application.
Site Area:
Parcel # 0886610020 – 4.6 acres
Parcel # 0886600060 – 5.06 acres
Logan Ave N – 3,400 lineal feet (approx.)
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B. EXHIBITS:
Exhibit 1:
Staff Report to the Hearing Examiner
Exhibit 2
Site Plan
Exhibit 3:
Noise Study prepared by The Greenbusch Group, Inc, prepared January 18th, 2019
C. GENERAL INFORMATION:
Owner(s) of Record:
City of Renton, 1055 S Grady Way, Renton, WA 98055 (Right-of-way)
The Boeing Company, 737 Logan Ave N, Renton, WA 98055
Zoning Classification:
UC, Urban Center
Urban Design District C
Comprehensive Plan Land Use Designation:
Commercial & Mixed Use (CMU)
Existing Site Use:
Arterial street ROW (Logan Ave N), a surface parking lot (parcel #0886610020), and a storage area for Boeing (parcel #0886600060).
Critical Areas:
High Seismic Hazard Area
Neighborhood Characteristics:
North:
Boeing Plant (manufacturing), Urban Center (UC) zone
East:
The Landing (commercial/residential mixed use), Urban Center (UC) zone
South:
Renton High School and Single-family Residential, Urban Center (UC) zone and Residential 10 du/ac (R-10)
West:
Boeing Plant, Urban Center (UC) zone
Site Area:
Parcel # 0886610020 – 4.6 acres
Parcel # 0886600060 – 5.06 acres
Logan Ave N – 3,400 lineal feet (approx.)Error! Reference source not found.
D. HISTORICAL/BACKGROUND:
Action
Land Use File No.
Ordinance No.
Date
Comprehensive Plan
N/A
5758
06/22/2015
Zoning
N/A
5758
06/22/2015
Temporary Use Permit (Tier 2)
LUA18-000677
N/A
11/14/2018
F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
Title VIII, Chapter 7 Noise Level Regulations
G. FINDINGS OF FACT (FOF):
The Planning Division of the City of Renton accepted the above master application for review on November 29, 2018 and determined the application complete on December 3, 2018. The project
was put on-hold on December 28th, 2018 in order to allow the applicant time to update the noise study, and was taken off-hold on January 18th, 2019 after the updated noise study was
submitted. The project complies with the 120-day review period.
The project site is located within the Logan Ave N right-of-way between Lake Washington Blvd N and N 6th St, as well as parcel numbers 0886610020 and 0886600060.
The project site is currently developed as a public street, a surface parking lot (parcel #0886610020), and a storage area for Boeing (parcel #0886600060).
The property is located within the Commercial & Mixed Use (CMU) Comprehensive Plan land use designation.
The site is located within the Urban Center (UC) zoning district and Urban Design District C Overlay.
The site is mapped with a high seismic hazard area.
The applicant is proposing to begin construction in the spring of 2019 and end in the winter of 2019.
Staff received no public comment letters or agency comments.
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.
Variance Analysis: The King County Wastewater Division is requesting a noise variance in order to exceed the night time (between the hours of 10pm and 7am) noise limits of RMC 8-7. The
proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.5. Therefore, staff recommends approval of the requested variance.
Compliance
Variance Criteria and Analysis
(
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 the strict application of Noise Level Regulations is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical
zone classification.
Staff Comment: Logan Ave N is a heavily traveled principal arterial that provides access to the Boeing Company, the Landing Shops, multiple apartment complexes, and the Southport development.
Due to the high traffic volume and proposed lane closures, work on the interceptor is likely to significantly impact traffic in the area. According to the applicant, the night time
noise variance is necessary due to the time constraints associated with the project and the high traffic volumes on Logan Ave N. Due to the depth of the interceptor pipe within the Logan
Ave N ROW, the project must be completed within a 4-month dry season window between June 1st and September 30th. The short time frame available for construction creates the need for
multiple work crews working around the clock. The requested variance would allow for temporary exceedance of noise level limits during the night time hours which would allow the project
to be completed within the desired time frame. In addition, the applicant contends that in order to ensure that sewage is being pumped through the bypass effectively, the electric pumps
need to be running during both day and night time hours.
Staff concurs with the applicant that the location of the work within the Logan Ave N ROW, one of the most heavily travelled streets in Renton, necessitates the need for night time work
to mitigate the impacts on residents, road users, and area businesses. By allowing night time work to exceed the noise levels for the Class A EDNA properties, the applicant can finish
the project quicker and limit the impacts on the community to one, four-month period, instead of multiple work periods over multiple years. In addition, night time operation of the pumps
is necessary in order to ensure the bypass system is operational 24/7.
(
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 the strict application of Noise Level Regulations is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical
zone classification.
Staff Comment: Logan Ave N is a heavily traveled principal arterial that provides access to the Boeing Company, the Landing Shops, multiple apartment complexes, and the Southport development.
Due to the high traffic volume and proposed lane closures, work on the interceptor is likely to significantly impact traffic in the area. According to the applicant, the night time
noise variance is necessary due to the time constraints associated with the project and the high traffic volumes on Logan Ave N. Due to the depth of the interceptor pipe within the Logan
Ave N ROW, the project must be completed within a 4-month dry season window between June 1st and September 30th. The short time frame available for construction creates the need for
multiple work crews working around the clock. The requested variance would allow for temporary exceedance of noise level limits during the night time hours which would allow the project
to be completed within the desired time frame. In addition, the applicant contends that in order to ensure that sewage is being pumped through the bypass effectively, the electric pumps
need to be running during both day and night time hours.
Staff concurs with the applicant that the location of the work within the Logan Ave N ROW, one of the most heavily travelled streets in Renton, necessitates the need for night time work
to mitigate the impacts on residents, road users, and area businesses. By allowing night time work to exceed the noise levels for the Class A EDNA properties, the applicant can finish
the project quicker and limit the impacts on the community to one, four-month period, instead of multiple work periods over multiple years. In addition, night time operation of the pumps
is necessary in order to ensure the bypass system is operational 24/7.
Compliant if Conditions of Approval are Met
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 temporary night time construction is the most effective method to reduce issues associated with lane closures and ROW work such as traffic
congestion and property access issues. By performing night time construction, the applicant states that impacts from the excess noise would impact the Class A EDNA properties for the
least amount of time and shorten the overall duration of the project significantly. The sound source with the most potential to impact neighboring Class A EDNA properties are the bypass
pumps to be located on the Boeing property (parcel # 0886600060). The nearby apartment buildings may be subjected to sound levels of up to 53 dBH. In order to ensure that the noise does
not impact the neighboring properties near the project site during night time hours, the applicant identified a number of mitigation measures in the Noise Control Plan dated January
8, 2019 (Exhibit 3) including the construction of an eight (8) foot tall noise barrier around the bypass area and the use of electric pumps. In addition, only three of the eight bypass
pump would operate at night in order to further reduce the noise level in area. On the south side of the project corridor near the intersection of Burnett Ave N and N 6th St, the applicant
expects low or no noise impacts to the Class A EDNA properties to the south and east of bypass area. In this area, no pumps will be located on site and night time noise would be limited
to the pipelining of four manholes and the movement of construction equipment to prepare for daytime construction activities such as trucks, excavators, and light plants. Two of the
manholes, located near the residential area at the south terminus of the project, would be screened with a noise barrier to be located between the ventilation fans and the Class A EDNA
properties. Noise levels would be monitored by two sound level meters located near the north and south ends of the project corridor. The applicant would use the meters to continuously
monitor the sound levels near the Class A EDNA properties during both daytime and night time work hours.
Staff concurs with the applicant that the variance would not be materially detrimental to the public health, welfare or safety, or injurious to the property or improvements in the vicinity
of the project site. The applicant has proposed effective mitigation measures that would limit the impacts on the Class A EDNA properties. In addition, staff concurs with the applicant’s
statement that by allowing a noise variance for night time construction, the temporary high noise near neighboring properties would be shorter in duration and therefore be less impactful.
In order to ensure that complaints or issues submitted by residents are adequately addressed, staff recommends as a condition of approval that the applicant provide the City’s project
manager with the after-hours noise complaint phone number prior to the start of construction, and a summary of any complaints and the response provided, within 5 days of receiving the
complaint. Lastly, staff recommends that the applicant provide notice to the City’s project manager of the date and areas of expected night work, a minimum of 24 hours in advance
of the work.
Compliant if Conditions of Approval are Met
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 temporary night time construction is the most effective method to reduce issues associated with lane closures and ROW work such as traffic
congestion and property access issues. By performing night time construction, the applicant states that impacts from the excess noise would impact the Class A EDNA properties for the
least amount of time and shorten the overall duration of the project significantly. The sound source with the most potential to impact neighboring Class A EDNA properties are the bypass
pumps to be located on the Boeing property (parcel # 0886600060). The nearby apartment buildings may be subjected to sound levels of up to 53 dBH. In order to ensure that the noise does
not impact the neighboring properties near the project site during night time hours, the applicant identified a number of mitigation measures in the Noise Control Plan dated January
8, 2019 (Exhibit 3) including the construction of an eight (8) foot tall noise barrier around the bypass area and the use of electric pumps. In addition, only three of the eight bypass
pump would operate at night in order to further reduce the noise level in area. On the south side of the project corridor near the intersection of Burnett Ave N and N 6th St, the applicant
expects low or no noise impacts to the Class A EDNA properties to the south and east of bypass area. In this area, no pumps will be located on site and night time noise would be limited
to the pipelining of four manholes and the movement of construction equipment to prepare for daytime construction activities such as trucks, excavators, and light plants. Two of the
manholes, located near the residential area at the south terminus of the project, would be screened with a noise barrier to be located between the ventilation fans and the Class A EDNA
properties. Noise levels would be monitored by two sound level meters located near the north and south ends of the project corridor. The applicant would use the meters to continuously
monitor the sound levels near the Class A EDNA properties during both daytime and night time work hours.
Staff concurs with the applicant that the variance would not be materially detrimental to the public health, welfare or safety, or injurious to the property or improvements in the vicinity
of the project site. The applicant has proposed effective mitigation measures that would limit the impacts on the Class A EDNA properties. In addition, staff concurs with the applicant’s
statement that by allowing a noise variance for night time construction, the temporary high noise near neighboring properties would be shorter in duration and therefore be less impactful.
In order to ensure that complaints or issues submitted by residents are adequately addressed, staff recommends as a condition of approval that the applicant provide the City’s project
manager with the after-hours noise complaint phone number prior to the start of construction, and a summary of any complaints and the response provided, within 5 days of receiving the
complaint. Lastly, staff recommends that the applicant provide notice to the City’s project manager of the date and areas of expected night work, a minimum of 24 hours in advance
of the work.
(
That the approval is a minimum variance that will accomplish the desired purpose. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon
uses of other properties in the vicinity and zone in which the subject property is situated.
Staff Comment: According to the applicant, the purpose of the variance is to allow the project to be completed with the shortest timeframe as possible and to take advantage of the lower
wastewater flow period in the pipeline (during nighttime). By performing the work at night, it will shorten the construction period and reduce the overall effect of the noise on the
community.
Staff concurs with the applicant that the approval is not a grant of special privilege. Due to the nature of the construction work within the ROW, approval of the variance would allow
the applicant maintain a critical piece of infrastructure for Renton businesses and residents while impacting them as little as possible.
Compliant if Conditions of Approval are Met
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;
5) Required use of noise shields or barriers;
6) Implementation of “approved” bed liners in dump trucks;
7) Restrictions to specific times and days;
8) Specific requirements for documentation of compliance with the noise variance conditions;
9) Specific requirements for notification to nearby residents;
10) Required cash security to pay for inspection services to verify compliance;
11) Required access to the project by the City to verify compliance with the noise variance conditions;
12) Specific program to allow for temporary hotel vouchers to affected residents;
13) Requirements for written verification that all workers understand the noise variance conditions for the project; and
14) Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated.
Staff Comment: According to the applicant’s noise study submitted with the application, the applicant would utilize a number of mitigation measures and monitoring techniques in order
to help limit impacts on the Class A EDNA properties near the north and sound ends of the project corridor. See above under subsection ‘b’ for discussion of some of the proposed measures
and their effect. Staff included two conditions under subsection ‘b’ that would allow staff and the applicant to track and address complaints from residents in the vicinity of the work
area. In addition, staff recommends as a condition of approval that the applicant implement proposed noise mitigation measures to diminish or eliminate noise during construction of the
pipeline.
Compliant if Conditions of Approval are Met
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;
5) Required use of noise shields or barriers;
6) Implementation of “approved” bed liners in dump trucks;
7) Restrictions to specific times and days;
8) Specific requirements for documentation of compliance with the noise variance conditions;
9) Specific requirements for notification to nearby residents;
10) Required cash security to pay for inspection services to verify compliance;
11) Required access to the project by the City to verify compliance with the noise variance conditions;
12) Specific program to allow for temporary hotel vouchers to affected residents;
13) Requirements for written verification that all workers understand the noise variance conditions for the project; and
14) Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated.
Staff Comment: According to the applicant’s noise study submitted with the application, the applicant would utilize a number of mitigation measures and monitoring techniques in order
to help limit impacts on the Class A EDNA properties near the north and sound ends of the project corridor. See above under subsection ‘b’ for discussion of some of the proposed measures
and their effect. Staff included two conditions under subsection ‘b’ that would allow staff and the applicant to track and address complaints from residents in the vicinity of the work
area. In addition, staff recommends as a condition of approval that the applicant implement proposed noise mitigation measures to diminish or eliminate noise during construction of the
pipeline.
I. CONCLUSIONS:
The applicant, King County Wastewater Division, requested a noise variance in order to exceed the night time dBa limits for EDNA Class A properties along the project corridor between
Lake Washington Blvd N and N 6th St.
The EDNA Class A properties potentially impacted by the noise include the Bristol Apartments and the single-family residential properties near the south terminus of the site.
The proposed noise variance complies with the Noise Variance Standards, provided the applicant complies with City Code and conditions of approval, see FOF 11.
J. RECOMMENDATION:
Staff recommends approval of the King County Eastside Interceptor Noise Variance, File No. LUA18-000684, VA-H, subject to the following conditions:
The applicant shall provide the City’s project manager with the after-hours noise complaint phone number prior to the start of construction, and a summary of any complaints and the
response provided, within 5 days of receiving the complaint.
The applicant shall implement proposed noise mitigation measures to diminish or eliminate noise during construction. Additional mitigation measures to diminish or eliminate noise during
construction are to be provided by the applicant as necessary.
The applicant shall provide notice to the City’s project manager of the date and areas of expected night work, a minimum of 24 hours in advance of the work.
CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER
EXHIBITS
Project Name:
King County Eastside Interceptor Noise Variance
Land Use File Number:
LUA18-000684, VA-H
Date of Hearing
February 26, 2019
Staff Contact
Alex Morganroth
Associate Planner
Project Contact/Applicant
Darlene Gaziano (King County Wastewater)
201 Jackson St, Suite 505, Seattle, WA 98104
Within the Logan Ave N ROW from Lake Washington Blvd N to N 6th St
Staging Areas on Parcel #s 0886610020 and 0886600060
The following exhibits are included with the Staff Report to the Hearing Examiner:
Exhibits 1:
Staff Report to the Hearing Examiner
Exhibit 2:
Site Plan
Exhibit 3:
Noise Study prepared by The Greenbusch Group, Inc, prepared January 18th, 2019