HomeMy WebLinkAboutD_HEX Decision_ WSDOT Direct.Connect_16-000770Denis Law Mayor
City Clerk-Jason A.Seth,CMC
November 21, 2016
Dan Sharpe
Atkinson Construction
708 S. Grady Way, Suite 500
Renton, WA 98057
Subject: Hearing Examiner's Final Decision
RE: WSDOT I-405/SR 167 Direct Connect Project (LUA-16-000770)
Dear Mr. Sharpe:
The City of Renton's Hearing Examiner has issued a Final Decision dated November 20,
2016. This document is immediately available:
Electronically online at the City of Renton City Clerk Division website at
www.rentonwa.ov/citvclerk. Click the "Hearing Examiner Decisions" link on the
right side of the screen located under the section titled, "Helpful Links." The
Hearing Examiner Decisions are filed by year and then alphabetical order by
project name.
To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055
South Grady Way, between 8 am and 4 pm. Ask for the project file by the above
project number; and
For purchase at a copying charge of$0.15 per page. The estimated cost for the
Hearing Examiner pocuments is$1.65, plus a handling and postage cost(this cost
is subject to change if documents are added).
APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner
is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of
the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
date of the hearing examiner's decision. Appeals must be filed in writing together with
the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA
98057. Additional information regarding the appeal process may be obtained from the
City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510.
RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be
filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8-
100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of
Renton, 1055 South Grady Way, Renton,WA 98057. Additional information regarding the
reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -
7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon
the issuance of a reconsideration decision.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Rohini Nair, Civil Engineer III
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Sabrina Mirante,Secretary, Planning Division
Julia Medzegian, City Council Liaison
Parties of Record (7)
date af the hearing examiner`s decisian. Appeafs must be filed in writing tagether with
the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA
98057. Additional information regarding the appeal process may be obtained from the
City Clerk's Office, Renton City Hali -7th Floor, (425) 430-6510.
RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be
filed within this 14 day appeal period as identified in RMC 4-8-110(E(13 and RMC 4-8-
100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of
Renton, 1055 Sauth Grady Way, Renton,WA 98057. Additional information regarding the
reconsideration process may be obtained from #he City Clerk's Office, Renton City HaN -
7th Floor, (425 43Q-6510. A new fourteen (14) day appeal period sha!! commence upon
the issuance af a reconsideratian decision,
I can be reached at (425)43{}-651Q ar jseth@rentanwa.gav. Thank you.
Sincere(y,
lason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Rohini Nair, Civil Engineer III
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Sabrina Mirante,Secretary, Planning Division
Julia Medzegian, City Council Liaison
Parties of Record (7)
Denis Law Mayor
City Clerk-Jason A.Seth,CMC
November 21, 2016
Dan Sharpe
Atkinson Construction
708 S. Grady Way, Suite 500
Renton, WA 98057
Subject: Hearing Examiner's Fina) Decision
RE:WSDOT I-405/SR 167 Direct Connect Project (LUA-16-000770)
Dear Mr. Sharpe:
The City of Renton's Hearing Examiner has issued a Final Decision dated November 20,
2016. This document is immediately available:
Electronically online at the City of Renton City Clerk Division website at
www.rentonwa.ov/citvclerk. Click the "Hearing Examiner Decisions" link on the
right side of the screen located under the section titled, "Helpful Links." The
Hearing Examiner Decisions are filed by year and then alphabetical order by
project name.
To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055
South Grady Way, between 8 am and 4 pm. Ask for the project file by the above
project number; and
For purchase at a copying charge of$0.15 per page. The estimated cost for the
Hearing Examiner pocuments is$1.65, plus a handling and postage cost(this cost
is subject to change if documents are added).
APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner
is subject to appeat to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of
the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the
1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
Denis Law Mayor
City Clerk-Jason A.Seth,CMC
November 21, 2016
CERTIFICATE OF MAILING
STATE OF WASHINGTON
COUNTY OF KING
JASON A. SETH, City Clerk for the City of Renton, being first duly sworn on oath, deposes and
says that he is a citizen of the United States and a resident of the State of Washington, over the
age of 21 and not a party to nor interested in this matter.
That on the 21st day of November, 2016, at the hour of 4:30 p.m. your affiant duly mailed and
placed in the United States Post Office at Renton, King County, Washington, by first class mail
the Hearing Examiner's Final Decision RE: WSDOT I-405 (Noise Variance) LUA-16-000770 to the
attached parties of record.
r//G"
Jason Seth, City Ferk
SUBSCRIBED AND SWORN TO BEFORE me this 21st day of November, 2016.
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Cynthia R. I ya
Notary Public in and for the State of °, '' 'r , :y :
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Washington, residing in Renton r`,''yN r`-`''a ,-
My Commission expires: 8/27/2018 h,`` ~
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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BENNETf LOUIS+DRIUSSI RlTA BAREI Cristy Wilkerson dan sharpe
614 S 18TH ST 6Q6 Mill Ave S,APT,18 Atkinson Construction
Renton,WA 98055 Renton,WA 98057 707 S Grady Way,S00
Renton,WA 98057
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Elizabeth irvine. lonathan Manfredonia lory Edwards
1107 S 4th St 506 Mil!Ave S,APT 18 3330 E Valley Rd
Renton,WA 98057 Renton,WA 98057 Renton,WA 98057
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LINDA COOIEY Omar Hernandez
Washington State Department af 527 Main Aue S
Transportation Renton,WA 98057
600 108th Ave NE,Suite 405, NB82-250
Bellevue,WA 98004
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9
10 RE: WSDOT I-405/SR 167 Direct Connect )
Project FINAL DECISION
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12
Noise and Haul Variance
13 LUA 16-000770, V-H
14
15 Summary
16 The Washington State Department of Transportation ("WSDOT") has applied for a variance from
RMC 8-7-2 (noise regulations) and RMC 4-4-0300(2) and (3) (construction and hauling hours) in1
order to conduct construction work outside of restricted hours for 845 nonconsecutive nights from
18 November 22, 2016 through November 21, 2019 in order to build a new flyover ramp connecting the
High Occupancy Toll (HOT) lanes on SR 167 to the High Occupancy Vehicle (HOV) lanes on I-
19 405. The variance is approved subject to conditions.
20 Testimony
21 Rohini Nair, City of Renton Civil Engineer III, summarized the proposal.
22
Ross Stanton, WSDOT representative, testified that numerous open houses and meetings have been
23 held on the project starting in 2004. The project is part of a design build process.
24 Gil McNabb, project engineer, summarized the project delivery method. The contact was executed in
July, 2016. WSDOT has designed approximately 30% of the project. WSDOT specifies the concept
25 and then the contractor completes the design and construction. A big advantage of design build is the
26 speed of delivery is greatly increased since construction work can be done at the same time as design.
One of the primary goals of the project has been mitigation to the local community, which includes
Noise and Haul Variance
1
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noise, vibration and dust. One of the primary results from that goal was the relocation of the naise
2 wall located along the Talbot community. The noise panels of the noise wall will be relocated to the
edge of the widening project as one af the first steps of the project.
3
Work has to be done at night to minimize disruption ta the travelling public. Night work will also
create safe wark zones far daytime wark. WSDQT is optimistic that it won't need ta use all af the
requested variance days. Some of the work may not be dane near any sensitive noise receptors. The
work is always moving so the impacts won't be focused on any one area. In response to examiner
questions, Mr. McNabb noted that the Talbot community will likely be the mast affected. Work there
also invalves utility work. The clasest residents will be 30Q feet. In addition ta the noise wal(s,there
7 are also trees buffering the Talbot residents. WSDOT will be adding trees to the Talbat buffer area.
The praposed daor hangers will provide notice of specific phases of the project as opposed ta
providing notice of the entire three year project up front.
9
In response ta examiner questions, Greg Smiley, WSDOT public infarmation officer, noted that the
1Q WSDOT project website is updated weekly and identifies road clasures and provides push
notifications. Cammunities affected by high impact days will be directly notified. The W SDOT
l noise mitigation program invalves first notifying affected persons of impacts, then white noise
1
machines and ear plugs are provided if necessary. If nothing else warks hotel accommodations are
provided.
13
Stuart Moore, project contractor, stated work would begin in December 2016 and January 2017 and
14 the initial night-time work would be primarily cornpased of installing barriers and creating work
zones with a iittle bit of field investigation work. In February 2017 the first wark activity wiIl be
5 doing Iandscaping north of Talbot in Benson Hill. In March and April 201? there will be minor
1
traffic shifts and destructionlconstruction of barriers. After the Talbot noise barrier is relocated a
retaining wall wili have to be removed over two nights, which is a high noise event. Local doar
1 hangers will be distributed advising of that wark. In response ta examiner questions, Mr. Moore
noted that the twa-night retaining wall wark will probably be the mast impactful work to the Talbat
18 residents. Continuing from 2017-2019 there will be night time work invalving traffic switches,
barrier replacement, paving and restriping, and hauiing earth material. Work wi11 be 24 hours a day,
l seven days a week. A lat of it wan't be very impactful. Work wan't occur on the holidays. If naise
2Q
complaints are received, miti;ation protocols will be implemented.
l Linda Cooley, WSDOT representative, nated that since the application was submitted six weeks aga
the noise monitoring plan and equipment list has been refined. The revised noise monitoring plan is
22 more specific. In response to examiner questions, Mr. Coaley noted that equipment added ta the
equipment list has raised the maxirnum noise levels of the project to 90 dBA. There has been a slight
2 change to the manitoring plan. In the new plan, naise monitoring will only be required every time
2
project work is moved to a new location, new equipment is used or there are complaints. The
original noise rnonitoring plan requires monitoring every night. In respanse to examiner questions,
2 Ms.Nair nated that the revisians were acceptable.
26
Naise and Haul Variance
2
l In rebuttal, Ms.Nahir noted that the WSDOT proposal reviewed by staff was for work between 8 pm
2 and 5 am. WSDOT is now talking about 24-hour wark. Ms.Nair proposed to provide a revised staff
report addressing the changes in the proposaE. A city engineer clarified that reguiated night time
3 hours under the Renton cade is l4 pm to 7 am and that the ariginal WSD4T request was anly to have
a variance to 5 am. Staff needs to revise its recommendation to address the expansion ofthe variance
4
requests to 7 am. Construction night hours are alsa limited to from 7 am ta $ pm on week days, 9 am
5 to 8 pm on Saturdays and prohibited on Sundays.
Exhibits
7 The November 1, 2016 Staff Report Exhibits 1-7 identified at page 3 of the Staff Report were
aclmitted into the recard during the hearing. In additian, the following exhibits were admitted during
the hearing.
9
Exhibit 8; Staff power point presentation
10 Exhibit 9: Revised equipment list.
Exhibit 10: Revised naise monitoring plan.
11 Exhibit 11: Omar Hernandez letter dated November l, 2016.
2 Liz Irvine letter dated November 2,2016
City responses ta Hernandez and Irvine letters,
13 Exhibit 12; Amended staff report dated November 9, 2016.
Exhibit 13: WSDOT response to arnended staff report dated November 10, 2016.
14
l5
1 FINDINGS OF FACT
17
Procedural:
18
1
l. Applicant. WSDOT
20 2. Hearin. A hearing was held on the subject application an Novernber 8, 2016 at 12:00 pm in
2
the City of Renton Council Ghambers. The record was left open thraugh November 9, 2016 for the
City to provide a supplement ta the staffreport and WSDOT was given until November 1l, 2Q16 ta
22 respond.
2 Sabstantive:
24
3. Proiect Description. The Washington State Department of Transportation (``W SDOT") has
2 applied for a variance from RMC 8-?-2 (noise regulations) and RMC 4-4-430(2) and {3) (hauling
hours) in order to conduct construction work outside of restricted hours for 845 nonconsecutive
2 nights from November 22, 2016 through November 21, 2019 in arder to build a new flyaver ramp
Naise and Haul Variance
3
cannectin the Hi h Occu anc Toll HOT lanes on SR l67 to the Hi h Occu anc Vehicle HOVgPY { ) g P Y
tanes on I-405. The work includes constructian & hauling over a 36-month period at different
locatians along the project limits. Constructian work witl be conducted 24 haurs a day, seven days a
3 week during the 36 manth period. The construction area includes SR 167 from milepast(MP}24.5 at
S 18Qth St to MP 27.3, and on I-405 from MP 1.3 ta MP 4.3 at N 4th St. The project also includes
4
work on S 14th St., and on small partions of Smithers, Morris, Whitworth and Shattuck near S 14th
Street.
The proposed work includes geotechnical drilling, demolition, building a fly-over ramp, rebuilding
existing on and off-ramps, reconstructing portions of nearby lacal streets, relocating a noise wall,
7 adding a raised earthen berm, ditches, culverts, catch basins, storm water facilities, water facilities,
pavement markings, traffic signals, signs, ramp meters, and rebuilding electrical cabinetry and
wiring. Noise levels resulting fram the project's constructian activities will generate peak naise levels
of 64 to 90 dBA as perceived at 50 feet frorn the WSDOT property line.
10 The variance to RMC 8-7-2 is necessary because that regulation adapts WAC 197-60-040, a state
regulatian that imposes a series of rnaximum noise levels for construction work between the hours of
i 1 10 pm and 7 am. The noise maximum is dependent upon the affected land use (e.g. residential,
12
cornmercial and industrial), but the maximurn levels overall range from 50 to 60 dBA from a freeway
construction site. Since the applicant will be using equipment with noise levels reaching levels af 90
1 dBA, a variance is necessary to do construction work during night time hours.
14 The variance to RMC 4-4-030(C)(2) and (3) is necessary because that regulation lirnits canstruction
hauling hours between eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Monday through Friday
15 and nonresidential construction work to the hours between seven o'ctock (7:00) a.m. and eight
1
o'clock (8:00) p.m., Monday through Feiday. Wark on Saturdays is restricted to the hours between
nine o'clock (9:00} a.m. and eight o'clock (8:00} p.m. and no work permitted on Sundays. Since the
1 applicant proposes construction and hauling work ta be done 24 hours a day, seven days a week, a
variance is necessary ta construct the propased hauting and construction wark outside of authorized
18 hours.
In order to mitigate noise leveis, WSDOT has proposed that ali vehicles shall be equipped with
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ambient sensitive backup warning devices, To the extent possible, stationary equipment will be
loeated away ar shielded from sensitive receptors such as residences. The constructian of new noise
wall shafts wi11 be scheduled prior to remaving the existing naise wall along the Talbat
neighborhood. In addition, the propanent praposes to implement other measures to mitigate naise
22 'rmpacts. Truck tailgate banging will be prohibited. A WSDCfT complaint number as well as a list of
designated contact persons for forwarding complaints will be pravided to the residents affected by the
2 project. The project also requires Street Use and detour permits.
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2 The app(icant has proposed a change in construction haurs that differs from that advertised for the
proposal. Since the change is modest and within the seope of impacts assessed in the advertised
26 proposal,the modification is approved as part of this decision. The newspaper publicatian for notice
Noise and Haul Variance
4
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of the application identified the proposed work schedule as 24 hours per day and seven days per
2 week. After the publication was sent to the newspaper, the applicant informed the City that the 24
hour 7 days a week work schedule was incorrect, and revised the project work schedule to Monday3throughSundayfrom8:OOpm to 5:00 am and stated that work would not be done on the following
seven holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,4 the day after Thanksgiving, and on December 25th. The project postings, mailings to the residents,
5 and staff report to the Hearing Examiner were prepared with the revised project schedule as requested
by the applicant. Subsequent to the postings, mailings, and sending the staff report to the Hearing
Examiner, the applicant requested that the work schedule be changed back to the 24-hour, 7 days a
week schedule. The formal request was presented by the applicant at the Hearing on November 8,
2016.
g
Ultimately, the revision to the project hours does not constitute a substantial change to the advertised
9 proposal. The night time hours noise variance is simply expanded from its end at 5 am to 7 am.
Similarly, the construction and hauling variance proposed night time hours is expanded from ending
10 at 5 am to 7:00 am on week days and to 9:00 am on Saturdays. The changes to the construction and
hauling hours are also similarly modest. Given that the change in morning hours is during rush hour11onthefreeway, it isn't likely that the change would be very noticeable given the high background
12
noise of morning traffic. The greatest impact in the revision to proposed working hours is working
on Sundays in violation of RMC 4-4-030(C)(2) and (3). It's possible but not likely that members of
13 the public may have reacted differently had they been notified of the Sunday construction work.
Since the work is already being done every other day of the week for most day and night time hours,
14 the added Sunday work does not represent a significant change in overall impacts. Further, the added
public cost and additional traffic congestion and delays that would be caused by a re-advertising of15theapplicationoutweighsthepublicinconveniencecausedbythemodestlyinaccuratepublicnotice
16
for the application. For these reasons, the modifications will be accepted and approved without any
re-advertising.
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18 4. Nei hborhood Characteristics. Surrounding areas that will be potentially affected by the noise
and construction/haul variances are zoned Commercial Office (CO), Medium Industrial (IM),19 Commercial Downtown (CD), Commercial Arterial (CA), Residential du/ac (R-6, R-8, R-10),
20 Residential Multi-Family(RMF).
21 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as
reasonably practicable. WSDOT has significant experience in mitigating noise impacts and has
22 developed a fairly good mitigation program that notifies potentially affected residents and tenants of
upcoming noise impacts. Residents and tenants are provided a complaint phone number. If the23
residents and tenants are experiencing noise problems, WSDOT will provide white noise machines
24 and ear plugs. If that doesn't work, WSDOT will provide hotel accommodations. As outlined in Ex.
3 and 9 and Finding of Fact No. 3, WSDOT is also including in its proposal various measures to
25 reduce noise levels at the work site, such as relocating the Talbot noise wall outside the construction
zone prior to construction, requiring ambient sensitive back up alarms, prohibiting tailgating banging,26 and installing temporary noise shields where feasible. The applicant will also be required to comply
Noise and Haul Variance
5
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with its proposed noise monitoring program, Ex. 10. If noise levels exceed proposed levels and/or
2 the applicant fails to comply with the conditions of this decision, the City is authorized to revoke the
approval of the variances. The mitigation measures have been reviewed by City staff and staff did
3 not find any other mitigation beyond that required by this decision that could be reasonably imposed.
The project will already take three years to complete. Imposing any additional restrictions on hours4
or equipment would only create further delay and create further traffic congestion in an area
5 desperately in need of traffic improvements. No additional mitigation can be reasonably required.
Affected property owners submitted two letters of concern, Ex. 11. Liz Irvine expressed concern
over coal mine hazards, dust and damage to homes. Those issues are beyond the scope of the
variances subject to this decision. Omar Hernandez noted in his letter that he lives close to I-405 and
g that past I-405 work has made living in his residence unbearable. Mr. Hernandez inquired whether a
relocation fund could be established to enable adversely affected property owners to move away
9 during the construction work. As noted in the City response to Mr. Hernandez's letter, Ex. 11, no
major work is anticipated near Mr. Hernandez's residence and the work is mobile such that no
10 specific area is anticipated to suffer from major noise for any extended period of time. Further,
WSDOT does have a hotel voucher program to address situations where noise cannot be adequately11mitigated. It is expected and anticipated that WSDOT will follow through on its commitment to
12 ensure that City residents can reasonably enjoy the comforts of their home during the construction
project. The conditions of approval give the City sufficient flexibility to address the situation if this
13 commitment is not adequately pursued.
14 Conclusions of Law
15
1. Authoritv. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public
16 hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)). The variance to RMC RMC 4-4-
1
030(2) and (3) has been consolidated with the noise variance application. . RMC 4-8-080(C)(2)
requires consolidated permits to each be processed under "the highest-number procedure," which in
1 g this case is hearing examiner review.
19 2, Review Criteria. Variance criteria for variance to RMC 8-7-2 governed by RMC 8-7-8(D).
20 Variance criteria to variances to RMC 4-4-030(2) and (3) are governed by RMC 4-9-250(B)(5). All
applicable criteria are quoted below in italics and applied through corresponding conclusions of law.
21
RMC 8-7-8(D)(1): That the applicant suffers practical diffrculties and unnecessary hardship and the22
variance is necessary because of special circumstances applicable to the applicant's property or
23 project, and that the strict application of this Chapter will deprive the subject property owner or
applicant of rights and privileges enjoyed by others.
24
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RMC 4-9-250(B)(5)(a): That the applicant suffers practical difficulties and unnecessary hardship
and the variance is necessary because of special circumstances applicable to subject properry,
26 including size, shape, topography, location or surroundings of the subject property, and the strict
Noise and Haul Variance
6
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application of the Zaning `ode is.found to deprrve subject property owner of rights and privileges
2 enjoyed by other properry owners in the vicinity and unc er id ntical zone class ccztion;
3 3. The criterion is met. The special circumstances are the proximity of SR I67 and I-405 ta
4 adjaining homes and other affected properties. The proposed construction work cannot be done
anywhere else and is critically important to reducing severe traffic congestion in the 1-405 and Si2
lb7 corridars. In addition, work must be dane outside of the restricted hours specified by RMC $-7-2
and 4-4-030 in order to complete the project in a reasonable amaunt of time. The praject wili
6 already take three years to camplete. Limiting the number of hours at night wi11 extend the project
timeframe even longer, will exacerbate daytime congestion by increasing daytime lane closures, will
make the project take longer to complete and thereby increase the length of time that area residents
suffer from traffic construction and cangestion, and will increase the safety risk to vorkers by forcing
them to do mare of their work during heavy traffic periods.
9
RMC 8-7-8(D}{2): That the granting of the variunce will nat be materially detramental to the public
j 1 health, welfare or safety, or unduly injurious to the property or i»zprr vements in the vieinity of the
loeation for which this variance is sought.
12
RMC 4-9-250{B)(5}{b): That the grantitxg of the variance will not be materially detrimental to the
1 pubtrc welfure or i»jurious to the property or improvemerrts in the vicinity and zone in which subjeet
14 P"ap"h'is situated;
I S 4. As determined in Finding of Fact Na. 5, as conditioned and mitigated, the noise impacts are
mitigated ta the extent reasanabiy practicable under the circumstances. Ultimately, the rnitigation
l measures require the applicant to provide hotei accommodations if the noise proves too much far
1'7 adjoining property owners. In this regard, beyond the temporary inconvenience of relocation, the
noise impacts are largely mitigated and as a result, the granting of the variance would not be
1$ considered materially detrimental to the public welfare or injurious ta surrounding praperties ar
lq impravernents.
20 RMC 4-9-250(B)(5)(c): That approval shald not cvnstitute a grant of special privilege inconsistent
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zth the limitation upon uses of other properties in the vicirzity and zone in which the subject property
is.rituated,
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5. The City routinely approves variances for highway construction projects as there is no
2 reasonable alternative way to enable highway construction withaut creating massive traffic
24 cangestion, increasing the casts of public highway projects and jeopardizing warker safety. No
special privilege is involved for this type of project.
25
RMC 5-7-${D)(3). That the variance sought is th minirrrurra variance hrch will acconrplish the
26 desired purpose.
Noise and Haul Variance
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RMC 4-9-250(B}(5)(d}: That the approval is a minimum variance that will accomplish the desired
2 purpose.
6. The applicant has taken all measures it reasonably can to reduce noise impacts as determined
4 in Finding af Fact No. S.
5 RMC 8-7-${D){4): 7'hat the variance eontains such cr nditions deemed ta be necessary ta limit the
impact of the variance on the residence ar property owners impacted by the variance. The vaYiance
approval may be suhject to conditions including but not limited to, the following:
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u. Implerrcentation of a noise monitoring pragram;
9 6. Maxrmum noise leti=els;
e. Limitation on types of equipment and use ofparticular eq ipment;
1 d d. imitation on back-up beepers fUr equipment;
1
e. Required use of'noise shaelds or barriers;
f. Restrictians ta specific times and days;
g. Spec c requirements for documentation of compliance with the r orse vczricznce
conditions;
13 h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify cofnpliance;
14 j. Required access to the project by the City to ver compliat ce with the noise variance
1 S COi1Cl It70J7S;
k. Specific program to allow.for temporary hotel vouchers to effected resr'derrts;
16 1. Requirements for written verification that all workers understand the noise variance
conditions for the project; and
7 m. Provrsion allowing the Ciry to rmmedzat ly revoke the variance uppraval if the
variance canditions are violated.
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l g 7.Many of the mitigation rneasures identified above are proposed and/or incorporated into the
conditions af approvat. The appticant will provide an after-hours noise complaint phone number and
2p a summary of any campiaints and the response pravided, within 5 days of receiving the compIaint. In
addition, the canditions require that the applicant provide notice to the City's project manager of the
2 dates of expected night work, a minimum of 24 hours in advance of the work. Noise levels and
2z
equipment are limited to that identified in Ex. 9 and the construction schedule is timited to 36 tnonths
and 845 days. Hote1 vouchers are required if other mitigations fail to reasanably mitigate. The
2 conditions of appraval inc[ude City autharity to revoke the variances approved by this decisian for
noncompliance. The mitigation measures have been reviewed by City staff. Staff did not find any
24 other effective mitigation 6eyond that required by this decisian that could be reasonably imposed.
The praject wi11 already take three years to complete. lmpasing any additional restrictions on hours
2S or equipment wauld only create further delay and create further traffic congestion and an area
2 desperately in need of improvement. No additianal mitigation can be reasanably required.
Noise and Haul Variance
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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
5 suffered by residents or property owners receiving the increased noise permitted under this variance.
6 8. As outlined in Conclusion of Law No. 3, the proposed night time and weekend work is
necessary and unavoidable for both safety and traffic circulation reasons. As determined in Finding of
Fact No. 5, the mitigation required of and proposed by WSDOT is as much as can reasonably begrequiredunderthecircumstances. On balance, the variance must be approved to facilitate significant
9 and necessary improvements to I-405 and SR 167.
10 RMC 8-7-8(D)(6): The availability ofpracticable alternative locations or methods for the proposed
use which will generate the noise.
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9. As noted in the staff report, there are no alternative locations available.
13 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.
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10. As determined in Finding of Fact No. 5, noise levels will reach levels of up to 90 dBA and the
work will occur over a 36 month period on 845 nonconsecutive nights.
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DECISION
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1 g As conditioned below, the noise and construction variances are approved:
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1 The applicant shall provide the City of Renton project manager with the phone number for
20 after-hours noise complaints prior to commencement of construction. Any complaints within the
Renton city limits will be summarized and reported to the City's project manager within 5 days of the
21 complaint.
2. The applicant shall implement proposed noise mitigation measures to diminish or eliminate22noiseduringconstruction. Additional mitigation measures to diminish or eliminate noise during
23 construction are to be provided by the applicant as necessary.
3. The applicant shall notify the City of Renton project manager with the date and areas of
24 expected night work prior to commencement of night work, a minimum of 24 hours in advance of the
work.
25 4. If noise complaints are received by the City and/or WSDOT for nighttime work operations,
the applicant shall implement the project's noise monitoring plan for nighttime construction. Noise26
monitoring shall include measuring of existing preconstruction ambient noise levels and
Noise and Haul Variance
9
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measurement of noise levels at the onset of a new nighttime canstructian activity with a patential ta
2 create high noise levels. The naise measurements for the construction activities should be taken at
the time that represents the highest noise levels for that activity and the measurements shall be
3 provided ta the City praject manager.
5. The applicant shall provide temparary motel vouchers to affected residents far the nights of
4 the proposed noise variance work when naise impacts cannat be reasonably mitigated (by ear plugs
or white noise generatars)to levels that enable the residents to reasonably sleep at their homes.
6. The portion of the project work located within the City limits that requires an approved city
construction or building perrnit, shall not be allawed on the following seven holidays: New Year's
Day, Memarial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving,
7 and on December 25th, to prevent hardship to the residents.
g
7. If complaints are received by WSDOT and/or the City regarding the permitted constructian ar
building work within city limits, on Saturdays and Sundays in a residential zone wikhin 300 feet of
the project, and if the applicant does not satisfactorily address the concerns mentioned in the
complaint, then the City rnay consider a reduction in wark hours.
p $. Advance notification of the canstructian work shoutd be provided ta the residents twa weeks
ahead of the work by door hangers and/or mailings.
1 9. For the work on City streets, traffic control plans are ta be submitted by the contractor and
12 approved by the City Transpartation section prior to start of construction work. If any comptaints are
received from residents, the contractor along with WSDOT will prapase measures ta the City to
1 minimize the disruption.
10. The City may immediately revoke the approvals granted by this decisian if WSD4T fails to
14 comply with these canditions of approval, exceeds proposed noise tevels or engages in violations of
RMC 8-7-2 and RMC 4-4-030(2} and (3} for the WSDOT I-4051SR I6 Direct Connect Project
5 beyond those authorized by this decisian.
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DATED this 20"day of Navember, 2016.
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19 t _...-f'' -..-.
Phil'A.C}Ibr his
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2 City af Renton Nearing Exatniner
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Appeal Right and Valuation Notices
24 C 8-7-$(F) and RMC 4-8-080 provide that the fina! decision of the Hearing Examiner is
subject to appeal to the Renton City Council. RMC 8-'7-$(F) and RMC 4-$-110(E)(14) requires
25 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 informatian regarding the appeal process may
2 be obtained from the City Clerk's Office, Renton City Hall —7th flaor, (425)430-6510.
Noise and Haul Variance
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Affected ro ert owners ma re aest a chan e in valuation for ra ert tax u asesPPYYqgpPYPrP
notwithstanding any program of revaluatian.
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Noise and Haul Variance
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