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HomeMy WebLinkAboutSR_HEX Report and Exhibits_I-405.SR 167 Direct Noise Variance _LUA16-000770 VHDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Noise Variance Hex Report LUA16-000770, V-H REVISED PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: November 1, 2016 Project Name: WSDOT I-405/SR 167 Direct Connect (aka I-405/SR 167 Direct Connector Interchange) Noise Variance, LUA16-000770 VH Project Number: LUA16-000770, V-H Hearing Date: November 8, 2016 Project Manager: Rohini Nair, Civil Engineer III Owner: Washington State Department of Transportation Applicant: Linda Cooley, WSDOT, 600 108th Ave NE, Suite 405, Bellevue, WA 98004 Contact: Same as Applicant Project Summary: Washington State Department of Transportation (WSDOT) is requesting a noise variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) to allow for 845 non-consecutive nights of construction work over 36 months, for the I-405/SR167 Direct Connect project. The work includes construction & hauling over a 36-month period at different locations along the project limits. The project includes work from 8pm to 5am on weekdays, Saturdays, and Sundays, which will require a variance from RMC 4-4-030C.2&3 to perform the above construction outside of code established work days. Construction is proposed from November 22, 2016 to November 21, 2019. WSDOT would build a new flyover ramp connecting the High Occupancy Toll (HOT) lanes on SR 167 to the High Occupancy Vehicle (HOV) lanes on I-405. The proposed work includes geotechnical drilling, demolition, building a fly-over ramp, rebuilding existing on and off- ramps, reconstructing portions of nearby local streets, relocating a noise wall, 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 from the project's construction activities will generate peak noise levels of 64 to 85 dBA as perceived at 50 feet from the WSDOT property line. Project Location: SR 167 from milepost (MP) 24.5 at S 180th St to MP 27.3, and on I-405 from MP 1.3 to MP 4.3 at N 4th St. The project also includes work on S 14th St., and on small portions of Smithers, Morris, Whitworth and Shattuck near S 14th Street. Site Area: 12,615 Lineal Feet Total Building Area GSF: N/A City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 2 of 12 Noise Variance HEX Report LUA16-000770 VH B. PROJECT DESCRIPTION/BACKGROUND: Washington State Department of Transportation (WSDOT) is requesting a noise variance from RMC 8 -7-2 (Noise Regulations, Maximum Environmental Noise Levels) to allow for 845 non-consecutive nights of intermittent construction work over 36 months, for the I-405/SR167 Direct Connect aka the I405/SR 167 Direct Connector Interchange project. The construction work would occur from November 22, 2016 to November 21, 2019. The project includes work from 8 pm to 5 am on weekdays, Saturdays, and Sundays, which requires a variance from the allowed construction work days in RMC 4.4.030.C.2&3 (Development code). The project is located on SR 167 from milepost (MP) 24.5 at S 180th St to MP 27.3, and on I-405 from MP 1.3 to MP 4.3 at N 4th St. The project also includes work on the City right of way (ROW) on S 14th St., and on small portions of Smithers, Morris, Whitworth and Shattuck near S 14th Street. WSDOT would build a new flyover ramp connecting the High Occupancy Toll (HOT) lanes on SR 167 to the High Occupancy Vehicle (HOV) lanes on I-405. The proposed work includes geotechnical drilling on the highways and the shoulders of the on-ramps and off-ramps, demolishing existing roadwork, building of a fly-over ramp, rebuilding existing on and off-ramps, reconstructing portions of nearby local streets, relocating a noise wall, adding a raised earthen berm, ditches, culverts, catch basins, storm water treatment facilities, water facilities, pavement markings, traffic signals, signs, ramp meters, and rebuilding electrical cabinetry and wiring. Nighttime and weekend work will minimize congestion impacts to drivers, businesses, school buses and local commuters during the day, and is safer for workers and traveling public. Construction equipment used during nighttime operations will include, but is not limited to pickup trucks, dump trucks, paving machines, planning grinder, air compressors, asphalt saw cutters, portable light plants and generators, compaction rollers, flat bed/ cement mixer trucks, truck mounted attenuators, sweepers, striper remover, and grinders, drill rigs, excavators, drills, cranes, and saw cutting machines. Noise levels resulting from the project's construction activities will generate peak noise levels of 64 to 85 dBA as perceived at 50 feet from the WSDOT property line. WSDOT has proposed that all vehicles shall be equipped with ambient sensitive backup warning devices. To the extent possible, stationary equipment will be located away or shielded from sensitive receptors such as residences. The construction of new noise wall shafts will be scheduled prior to removing the existing noise wall. In addition, the proponent proposes to implement other measures to mitigate noise impacts. Truck tailgate banging will be prohibited. A WSDOT complaint number as well as a list of designated contact persons for forwarding complaints will be provided to the residents affected by the project. The project also requires Street Use and detour permits. The project will include nighttime work 7 days a week including work on Sundays in areas where the zoning varies from Commercial Office (CO), Medium Industrial (IM), Commercial Downtown (CD), Commercial Arterial (CA), Residential du/ac (R-6, R-8, R-10), Residential Multi-Family (RMF). A variance from RMC 8-7-2 is necessary in order 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). A variance from RMC 4.4.030 is required for the night time work hours after 8 pm on weekdays and Saturdays and for the work on Sundays. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 3 of 12 Noise Variance HEX Report LUA16-000770 VH C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Report to Hearing Examiner Exhibit 2: Location of proposed WSDOT I-405/SR 167 Direct Connect aka I-405/SR 167 Direct Connector Interchange project, and associated work on City Street Exhibit 3: Table – Types of equipment - Noise Levels (dBA) - Proposed Mitigation Measures. Exhibit 4: Plans of proposed WSDOT I-405/SR 167 Direct Connect aka I-405/SR 167 Direct Connector Interchange project work Exhibit 5: Project narrative from WSDOT on September 30, 2016, requesting the variance and Justification for the Noise Variance Request Exhibit 6: Clarification email from WSDOT regarding work days, work hours, and work in City ROW Exhibit 7: Noise Monitoring Plan for nighttime construction from WSDOT D. FINDINGS: Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request: A. Variance from RMC 8-7-2 (Maximum Environmental Noise Levels) for intermittent work between 8:00 pm and 5:00 am on Mondays thru Sundays, over 845 non-consecutive nights over a period of 36 months from November 22nd 2016 to November 21st 2019. Noise Variance is required for work between 10:00 pm and 7:00 am. B. Variance from RMC 4.4.030.C.2&3 (Construction Standards). The project proposes intermittent work between 8:00 pm and 5:00 am on Mondays thru Sundays, from November 22nd 2016 to November 21st 2019. A variance is required for construction work anytime on Sundays, for work between 8:00 pm to 7:00 am Monday to Friday, and for work between 8:00pm and 9:00 am on Saturday. 2. Variances: The proposal requires a public hearing with the Hearing Examiner in order to consider the two variances. 3. Existing Land Uses: I-405 roadway and associated off/on ramps are within State roadway right of way and do not have a City zoning designation. Beyond the State roadway right of way the land use is designated Commercial Office (CO), Medium Industrial (IM), Commercial Downtown (CD), Commercial Arterial (CA), Residential du/ac (R-6, R-8, R-10), and Residential Multi-Family (RMF). 4. Zoning: The zoning of the areas within the City limits that may be impacted by the proposed work include Commercial Office (CO), Medium Industrial (IM), Commercial Downtown (CD), Commercial Arterial (CA), Residential du/ac (R-6, R-8, R-10), Residential Multi-Family (RMF). E. CONSISTENCY WITH VARIANCE CRITERIA: A. NOISE VARIANCE Section 8-7-8.D. Lists 7 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Noise Variance application. These include the following: City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 4 of 12 Noise Variance HEX Report LUA16-000770 VH The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: 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. Staff Analysis: I-405 and SR 167 are heavily travelled routes as they serve as main corridors for motorist uses, mass transit and freight and commercial within the Puget Sound area. WSDOT will build a new flyover ramp connecting the HOT lanes on SR 167 to the car pool lanes on I-405, improving flow at this critical interchange. The project also includes geotechnical explorations on the shoulder of both the on- ramps and off-ramps of the highways, demolishing existing roadwork, rebuilding existing on and off-ramps, reconstructing portions of nearby local streets, relocating a noise wall, adding a raised earthen berm, ditches, culverts, catch basins, storm water treatment facilities, water facilities, pavement markings, traffic signals, signs, ramp meters, and rebuilding electrical cabinetry and wiring. Day time closures, full or partial to perform this work, would have the potential to spike congestion on these busy highways and City streets negatively, and would affect the City of Renton arterials and local streets. Consequently, working at nights on weekdays and weekends will allow residents, businesses and drivers to be able to maintain adequate travel times while using these corridors. The contractor on this project is required to provide the safe and efficient movement of people, goods, and services through and around the project, while minimizing negative impacts to residents, commuters, and businesses. In order to meet these requirements, it is necessary that the work for this project be done at nights on Monday thru Sunday. Working at night is the best way to minimize negative effects as a result of construction which would only exacerbate the existing traffic conditions mentioned above. WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. Permitted noise levels will be exceeded during construction, in the area where the work is occurring. The type of equipment used to drill, excavate, saw cut, mix cement, and dump materials, will generate noise that will exceed the allowed noise limits. The applicant has proposed mitigation measures that will reduce the impact of the noise generated by the construction activities. Therefore, staff concurs that the practical difficulties exist which prevent the applicant from complying with the code. 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. Staff Analysis: Granting of the variance will minimize risk to travelling public and construction workers, and reduce risks to property because nighttime traffic volumes are lighter. Performing the work during City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 5 of 12 Noise Variance HEX Report LUA16-000770 VH nighttime hours and during weekends, when the least amount of traffic is present will minimize the risks to the travelling public and construction workers. Temporary nighttime construction is one of the few tools that WSDOT employs to lessen traffic congestion and disruption to highway users while improving the roadway. The proposed work will be an intermittent mobile construction operation, meaning that noise sources and construction equipment will be operating up and down the corridors and will not be focused on one particular property within the project area during project duration. While some residents may be inconvenienced, WSDOT has proposed mitigation to reduce the noise impacts. Work is not proposed on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and on December 25th. Consequently, the adjacent residents will not have any significant impacts during these holidays. Staff recommends that work not be allowed on the above mentioned seven holidays to prevent hardship to the residents on holidays. The noise levels coming from construction equipment will diminish with distance. A 6 dBA noise level decrease will occur with the doubling of distance from a stationary noise source. For example, a noise level of 70 dBA measured at 50 feet would be 64 dBA at 100 feet, 58 dBA at 200 feet and 52 dBA at 400 feet. Noise also decreases if an object interferes with the receiver’s line of sight to the noise source. For residents within the city limits, this attenuation depends on the relative elevation of the source and the receiver, and the height and location of the intervening object. Noise levels projected for this project have been estimated that some activities may generate peak noise levels of 64 to 85 dBA heard at 50 feet. Existing ambient traffic noise levels in the range of 70 to 80 dBA on the corridors may aid in masking the construction noise. WSDOT has also included noise mitigation measures for the construction which will aid to reduce the noise generated by the construction equipment. Some residents may be impacted during construction; however, WSDOT has proposed mitigation measures to reduce the impacts. Staff does not anticipate that public health or safety will be diminished. If any noise related complaints are received, the contractor along with the WSDOT will work on alternative mitigation measures to reduce or stop the disruption. The applicant has submitted a noise monitoring plan for nighttime construction that outlines how WSDOT’s contractor will proceed with noise measurements and nighttime noise complaint response. Information regarding the proposed noise variance project was posted and notification was mailed to residents within 300 feet of the project corridor. One party of record request has been received from the public as of today. No comments were received from the public as of today, during the public comment period. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 6 of 12 Noise Variance HEX Report LUA16-000770 VH Staff Analysis: The work will occur over 36 months on 845 non-consecutive nights. The work limits include work on SR 167 from milepost (MP) 24.5 at S 180th St to MP 27.3, and on I-405 from MP 1.3 to MP 4.3 at N 4th St, which include the construction of a new flyover interchange. The project also includes geotechnical explorations on the shoulder of both the on-ramps and off-ramps of the highways, demolishing existing roadwork, rebuilding existing on and off-ramps, reconstructing portions of nearby local streets, relocating a noise wall, adding a raised earthen berm, ditches, culverts, catch basins, storm water treatment facilities, water facilities, pavement markings, traffic signals, signs, ramp meters, and rebuilding electrical cabinetry and wiring. Work is also planned on S 14th St., and on small portions of Smithers, Morris, Whitworth and Shattuck near S 14th Street. The work is proposed for approximately 12,615 lineal feet. Mitigation measures are proposed by the applicant to diminish the noise impact on the surrounding area. Staff believes that the request is the minimum needed to accomplish the necessary construction and geotechnical exploration activities. 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. Implementation of “approved” bed liners in dump trucks; g. Restrictions to specific times and days; h. Specific requirements for documentation of compliance with the noise variance conditions; i. Specific requirements for notification to nearby residents; j. Required cash security to pay for inspection services to verify compliance; k. Required access to the project by the City to verify compliance with the noise variance conditions; l. Specific program to allow for temporary hotel vouchers to affected residents; m. Requirements for written verification that all workers understand the noise variance conditions for the project; and n. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Analysis: Noise mitigation measures to diminish or eliminate noise during construction shall be implemented by the applicant. The applicant has included a noise monitoring plan for nighttime construction that will be implemented by the contractor. Maximum noise level readings will be included in City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 7 of 12 Noise Variance HEX Report LUA16-000770 VH the noise monitoring program that will be conducted, and these results with the type of work being conducted during the noise level readings are to be provided to the City’s project manager. All vehicles shall be equipped with ambient sensitive backup warning devices. Truck tailgate banging will not be allowed. An after-hours noise complaint phone number staffed by WSDOT and/or their contractors will be provided. The proposed noise mitigation measures are included in the attached project narrative. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary. Staff recommends as a condition of approval that WSDOT 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. Staff also recommends that WSDOT provide temporary motel vouchers to affected residents for the nights of the proposed noise variance work when noise impacts cannot be reasonably mitigated (by ear plugs or white noise generators) to levels that enable the residents to reasonably sleep at their homes. Staff recommends that a nightly noise monitoring program be implemented by the contractor and the results provided to the City’s project manager. Advance notification of the construction work should be provided to the residents. Staff recommends that if complaints are received regarding the work on Saturdays and Sundays near residential zones, the work on Saturdays and Sundays will be restricted to noise levels that will not exceed the requirements of WAC17360-040. In addition, 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. 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. Staff Analysis: The I-405 / SR 167 Interchange is a heavily congested interchange in the state, with drivers experiencing significant congestion in this area each day. WSDOT proposes to build a new flyover ramp connecting the HOT lanes on SR 167 to the carpool lanes on I-405, which will improve flow at this critical interchange. Consequentially after the flyover is constructed, there will be significant improvement on the travel conditions of the adjacent residents and the general public. Construction noise mitigation measures that will be provided by the contractor should be able to address or minimize any temporary construction inconvenience to the nearby residents. So, granting this variance would not cause WSDOT to adversely affect the general policy and purpose of the ordinance. Improvements to this heavily travelled highly congested interchange outweigh the limited-term noise and construction impacts to residents and property owners. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 8 of 12 Noise Variance HEX Report LUA16-000770 VH 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Analysis: The nature of the I-405 and SR 167 routes limits alternative locations for the project work. No alternative locations are possible. Noise mitigation measures will be used to limit disturbance throughout the evening construction work. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Analysis: The noise variance is requested for 845 non-consecutive nights over a 36 month period from November 22, 2016 to November 21, 2019 for intermittent work. Peak noise levels produced by construction equipment are expected to range from 64 to 85 decibels at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range from 52 to 79 decibels at a distance of 200 feet from the source of the noise. The proposed work will be an intermittent mobile construction operation, meaning that noise sources and construction equipment will be operating at different locations along the project area during the 845 working nights. This mobile operation will mean that each individual resident will not be impacted for all 845 working nights. B. DEVELOPMENT CODE VARIANCE Section 4-9-250.5 Lists 4 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Variance application. These include the following: The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: 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. Staff Analysis: I-405 and SR 167 are heavily travelled routes as they serve as main corridors for motorist uses, mass transit and freight and commercial within the Puget Sound area. WSDOT will build a new flyover ramp connecting the HOT lanes on SR 167 to the car pool lanes on I-405, improving flow at this critical interchange. The project also includes geotechnical explorations on the shoulder of both the on- ramps and off-ramps of the highways, demolishing existing roadwork, rebuilding existing on and off-ramps, reconstructing portions of nearby local streets, relocating a noise wall, adding a raised earthen berm, ditches, culverts, catch basins, storm water treatment facilities, water facilities, pavement markings, traffic signals, signs, ramp meters, and rebuilding electrical cabinetry and wiring. Day time closures, full or partial to perform this work, would have the potential to spike congestion on these busy highways and City streets City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 9 of 12 Noise Variance HEX Report LUA16-000770 VH negatively, and would affect the City of Renton arterials and local streets. Consequently, working at nights on weekdays and weekends will allow residents, businesses and drivers to be able to maintain adequate travel times while using these corridors. The contractor on this project is required to provide the safe and efficient movement of people, goods, and services through and around the project, while minimizing negative impacts to residents, commuters, and businesses. In order to meet these requirements, it is necessary that the work for this project be done at nights on Monday thru Sunday. Working at night is the best way to minimize negative effects as a result of construction which would only exacerbate the existing traffic conditions mentioned above. WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. 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. Staff Analysis: Granting of the variance will minimize risk to travelling public and construction workers, and reduce risks to property because nighttime traffic volumes are lighter. Performing the work during nighttime hours and during weekends, when the least amount of traffic is present will minimize the risks to the travelling public and construction workers. Temporary nighttime construction is one of the few tools that WSDOT employs to lessen traffic congestion and disruption to highway users while improving the roadway. The proposed work will be an intermittent mobile construction operation, meaning that noise sources and construction equipment will be operating up and down the corridors and will not be focused on one particular neighbor within the project area during project duration. Work is not proposed on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and on December 25th. Consequently, the adjacent residents will not have any significant impacts during these holidays. Staff recommends that work not be allowed on the above mentioned seven holidays to prevent hardship to the residents on holidays. Staff recommends that if complaints are received regarding the construction work on Saturdays and Sundays near residential zones, the work on Saturdays and Sundays will be restricted to work that will not significantly impact local traffic and the work will be restricted to noise levels that will not exceed the requirements of WAC17360-040. Staff also recommends that advance notification of the construction work should be provided to the residents two weeks ahead of the work by door hangers and/or mailings. Citizens will be impacted to the minimum extent and staff does not anticipate that public health or safety will be diminished. Staff recommends that for the work on City streets, ttraffic control plans are to be submitted by the contractor and approved by the City Transportation section prior to start of construction work. If any complaints are received from residents, the contractor along with the WSDOT will work on measures to minimize the disruption. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 10 of 12 Noise Variance HEX Report LUA16-000770 VH Information regarding the proposed variance project was posted and notification was mailed to residents within 300 feet of the project corridor. One party of record request has been received from the public as of today. No comments were received from the public as of today, during the public comment period. 3. 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 Analysis: The construction work is proposed in the state right of way and within the City of Renton right of way. WSDOT would build a new flyover ramp connecting the High Occupancy Toll (HOT) lanes on SR 167 to the High Occupancy Vehicle (HOV) lanes on I-405. The proposed work includes geotechnical drilling on the highways and the shoulders of the onramps and off ramps, demolishing existing roadwork, building of a fly-over ramp, rebuilding existing on and off-ramps, reconstructing portions of nearby local streets, relocating a noise wall, adding a raised earthen berm, ditches, culverts, catch basins, storm water treatment facilities, pavement markings, traffic signals, signs, ramp meters, and rebuilding electrical cabinetry and wiring. The completed project will benefit the travel and conditions of life style of the other properties in the vicinity and the general public. This work will not constitute any special privileges that will limit the use of other properties in the vicinity of the project site. 4. That the approval is a minimum variance that will accomplish the desired purpose. Staff Analysis: The work will occur over 36 months on 845 non-consecutive nights. The work limits include work on SR 167 from milepost (MP) 24.5 at S 180th St to MP 27.3, and on I-405 from MP 1.3 to MP 4.3 at N 4th St, which include the construction of a new flyover interchange. The project also includes geotechnical explorations on the shoulders of the on-ramps and off-ramps necessary for this project. Work is also planned on S 14th St., and on small portions of Smithers, Morris, Whitworth and Shattuck near S 14th Street. The work is proposed for approximately 12,615 lineal feet. Mitigation measures are proposed by the applicant to diminish the noise impact on the surrounding area. Staff believes that the request is the minimum needed to accomplish the necessary construction and geotechnical exploration activities F. CONCLUSIONS: THE WORK WOULD OCCUR ON SR 167 FROM MILEPOST (MP) 24.5 AT S 180TH ST TO MP 27.3, AND ON I-405 FROM MP 1.3 TO MP 4.3 AT N 4TH ST. THE PROJECT ALSO INCLUDES WORK ON S 14TH ST., AND ON SMALL PORTIONS OF SMITHERS, MORRIS, WHITWORTH AND SHATTUCK NEAR S 14TH STREET. THE WORKS WOULD OCCUR OVER 36 MONTHS ON 845 NON-CONSECUTIVE NIGHTS. 1. The work requires a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) as levels of noise for night time would be exceeded. 2. The work requires a variance from RMC 4.4.030.C.2&3 as construction work is proposed on days and hours not allowed in the code. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 11 of 12 Noise Variance HEX Report LUA16-000770 VH 3. Analysis of the proposal according to variance criteria of RMC 8-7-8-D is also included in the Staff Report. 4. The analysis is provided for the proposed work outside of the construction hours mentioned in RMC 4-4-030. G. RECOMMENDATION: Staff recommends that the Variances for the Noise Variance I-405/SR167 Direct Connect (aka I-405/SR167 Direct Connector Interchange) project listed in RMC8-7-2, and the variance from the allowed construction work days and hours of RMC4.4.030, File No. LUA16-000616, V-H be approved subject to the following conditions: 1. The applicant shall provide the City of Renton project manager with the phone number for 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 complaint. 2. 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. 3. The applicant shall notify the City of Renton project manager with the date and areas of expected night work prior to commencement of night work, a minimum of 24 hours in advance of the work. 4. Implementation of a noise monitoring program will be conducted nightly by the contractor and the results provided to the City’s project manager. Maximum noise level readings will be included in the noise monitoring program that will be conducted nightly and these results with the type of work being conducted during the noise level readings are to be provided to the City’s project manager. The applicant’s submitted project monitoring plan for nighttime construction noise in the event of a complaint should also be implemented. 5. The applicant shall provide temporary motel vouchers to affected residents for the nights of the proposed noise variance work when noise impacts cannot be reasonably mitigated (by ear plugs or white noise generators) to levels that enable the residents to reasonably sleep at their homes. 6. Work shall not be allowed on the following seven holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and on December 25th, to prevent hardship to the residents. 7. Staff recommends that if complaints are received by WSDOT and/or the City regarding the construction work on Saturdays and Sundays near residential zones, the work on Saturdays and Sundays will City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Report of November 1, 2016 Page 12 of 12 Noise Variance HEX Report LUA16-000770 VH be restricted to work that will not significantly impact local traffic, and the work will be restricted to noise levels that will not exceed the requirements of WAC17360-040. 8. Advance notification of the construction work should be provided to the residents two weeks ahead of the work by door hangers and/or mailings. 9. For the work on City streets, traffic control plans are to be submitted by the contractor and approved by the City Transportation section prior to start of construction work. If any complaints are received from residents, the contractor along with WSDOT will work on measures to minimize the disruption