HomeMy WebLinkAboutSR_I-405_May_Creek_Borings_Noise_Variance_200224DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_I-405_May_Creek_Borings_Noise_Variance_200224
N 40th St Meadow Ave N Jones Ave NE A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: February 24, 2020
Project File Number: PR17-000278
Project Name: I-405 Renton to Bellevue HOT - May Creek Borings
Land Use File Number: LUA20-000037, V-A
Project Manager: Clark H. Close, Senior Planner
Owner: WSDOT, 15700 Dayton Ave N, Shoreline, WA 98011
Applicant: Laura Musso Escude, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98011
Contact: Guillermo Sanchez, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98011
Project Location: Boring Locations W36 and W38 near May Creek from the southbound and
northbound travel lanes of I-405
Project Summary: Washington State Department of Transportation (WSDOT) is requesting a noise
variance from RMC 8-7-2 (Noise Level Regulations, Maximum Environmental Noise
Levels) in order to complete I-405 geotechnical investigation work at night in areas
with residential uses. The geotechnical investigation planned is a drilled hole or
borings at two locations near the I-405 May Creek Bridge (W-36 and W-38), within
the Washington State right-of-way limits only, to approximately 120 feet in depth.
Each boring is anticipated to take two (2) nights per location to complete with a one
(1) night break or more between operations. The work time frame proposed is
scheduled to start as soon as February 24, 2020. However, the applicant is requesting
a 30-day work window after the first night of work occurs to complete the borings.
Should the contractor experience equipment failure or uncertain winter weather,
two additional nights of boring may be required to complete each boring.
Noise levels resulting from project construction activities are expected to generate
peak noise levels of 70 to 82 dBA as perceived at a distance of 50 feet from the source
of the noise. A variance from RMC 8-7-2 is necessary in order to conduct the
nighttime work, as maximum permissible environmental noise levels 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).
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 2 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan – Boring Locations W36 and W38
Exhibit 3: Neighborhood Detail Map
Exhibit 4: Variance Request Justification
Exhibit 5: Utility Plans
Exhibit 6: Drainage Plan
Exhibit 7: Traffic Control Plan
Exhibit 8: I-405 Hours of Nighttime Operation
Exhibit 9: I-405 Noise Variance Flyer
Exhibit 10: Nighttime Construction and Traffic Noise Propagation
Exhibit 11: Public Comments from Greg Fawcett
Exhibit 12: Response Letter to Mr. Fawcett
Exhibit 13: Advisory Notes
C. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 7 Noise Levels Regulations
a. Section 8-7-2: Maximum Environmental Noise Levels
b. Section 8-7-8: Variances and Appeal
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on February
2, 2020 and determined the application complete on February 7, 2020. The project complies with the 120-
day review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request (Exhibits 2-10).
3. The project site is located at boring locations W36 and W38 near May Creek for the I-405 Renton to
Bellevue Widening and Express Toll Lanes project (Exhibit 3).
4. The project site is currently developed as Interstate 405 right-of-way.
5. Access to the site would be provided via the southbound and northbound travel lanes of I-405 near May
Creek.
6. The site is mapped with regulated slopes, high seismic hazard area, and is within the Urban Conservancy
Shoreline Designation and May Creek Shoreline Reach (MC-B).
7. The applicant is proposing to begin construction as soon as possible. Once work beings the applicant has
requested a 30-day work window after the first night of work occurs to complete the borings.
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 3 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
8. Staff received public comments from Mr. Fawcett on February 10, 2020 (Exhibit 11). Staff responded to
public comments on February 13, 2020 (Exhibit 12).
9. No other public or agency comments were received.
10. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development (Exhibit 13).
11. Per RMC 8-7-8, the applicant notified the residences living within a 300 feet radius of the I-405
geotechnical investigation work on February 13, 2020 (Exhibit 9).
12. Variance Analysis: WSDOT is requesting a noise variance in order to exceed the maximum night time
(between the hours of 10:00 pm and 7:00 am) environmental noise levels of RMC 8-7-2. The proposal is
compliant with the following variance criteria, pursuant to RMC 8-7-8.D. Therefore, staff recommends
approval of the requested variance, if all conditions of approval are met:
Compliance Variance Criteria and Analysis
a. That the applicant suffers practical difficulties and unnecessary hardship and the
variance is necessary because of special circumstances applicable to the applicant’s
property or project, and that the strict application of this Chapter will deprive the
subject property owner or applicant of rights and privileges enjoyed by others.
Staff Comment: Interstate 405 corridor carries approximately 132,000 vehicles per day.
I-405 serves as a key connector for commercial, freight and motorist use, and mass
transit within the Puget Sound area and day time closures full or partial to perform this
work would have the potential to spike congestion on this north-south corridor
negatively and would affect the City of Renton arterials and local street. The applicant
contends that working at night would allow residents, businesses and drivers the ability
to maintain current travel times while using this corridor (Exhibit 4). The applicant
further contends that the contractor, Flatiron Lane Joint Venture (FLJV), is required to
provide a safe and efficient movement of people, goods, and services through and
around any closures on the I-405 widening project, while minimizing negative impacts
to residents, commuters and businesses. In order to meet these requirements, it is
necessary that certain work for this project be done at night. According to the applicant,
working at night is the best way to minimize negative effects that would result from
construction or those project elements that would only exacerbate existing traffic
conditions. Permitted noise levels would be exceeded during the geotechnical
investigation work at night near the I-405 May Creek bridges. The type of equipment
used to complete the borings (such as dump trucks, excavators and an auger drill) would
generate noise that would exceed the allowed noise level limits. However, the
construction model outcome of the work shows that at 159 feet from the center of the
work site, the I-405 traffic noise would be prevalent over the noise emanating from the
equipment used to complete the geotechnical investigation work (Exhibit 10). As a
result, residents who are located behind existing noise walls would perceive the I-405
traffic noise levels as background noise above the noise generated by the geotechnical
investigation work.
Staff concurs with the applicant that the location of the work within I-405 ROW, one of
the most heavily travelled roads in the state, 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 complete two (2)
borings near May Creek. In addition, all residents are located far enough away from the
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 4 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
borings that existing I-405 traffic noise levels would exceed the noise levels generated
during the geotechnical investigation work.
Compliant if
Conditions of
Approval are
Met
b. That the granting of the variance will not be materially detrimental to the public
health, welfare or safety, or unduly injurious to the property or improvements in
the vicinity of the location for which this variance is sought.
Staff Comment: According to the applicant, temporary night time construction is one of
the few tools that WSDOT applies to lessen traffic congestion and disruption to highway
users while improving the roadway. The applicant states that by performing
geotechnical investigation early in the design stage is necessary to finalize foundation
and structure design that are key to completing the required final plans. Within a 300-
foot radius where the soil investigation work would occur there are sensitive receivers
at the W36 site and W38 sites. Sound propagation for a source such as this construction
equipment propagates as follows: 6-dBA noise level decrease would 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 this particular site of May Creek, this
attenuation would depend on the relative elevation of the source and the receiver, and
the height and location of the intervening object. In addition, the site is screened by
noise walls between the night time work and the single family residences.
Noise levels projected for this project have been estimated to generate noise levels of
70 to 82 dBA heard at 50 feet. Background traffic noise levels on I-405 reach
approximate average levels up to 73 dBA at night at 50 feet from the travel lane. When
distance is incorporated into the assessment as well as topography and the proposed
mitigation measures, WSDOT estimates that the nearest residences would not notice
the night time work over typical traffic noise on I-405. In addition, WSDOT contends that
residents would be impacted to the minimum extent and there is a low possibility that
the public health or safety would be diminished. If any noise related complaints are
received, WSDOT and the project contractor would work on alternative mitigation
measures to stop the disruption.
Staff posted and mailed a notice to residents within 300 feet of the project locations.
Staff received public comment from Mr. Fawcett regarding a plastic sewer line that goes
from the brick house at 4008 Meadow Ave N to the Metro trunk line and concern with
the borings proximity to hit the sewer pipe and cause problems (Exhibit 11). A copy of
the as-built drawing and the sewer line to Mr. Fawcett’s property has been sent to the
applicant and the contractor. According to WSDOT, the borings are a safe distance
away from the identified sewer line (Exhibit 12).
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 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 five
(5) days of receiving the complaint.
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 5 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
c. That the variance sought is the minimum variance which will accomplish the
desired purpose.
Staff Comment: The requested administrative variance would allow WSDOT and the
project contractor to accomplish this work in the minimum number of nights required
to complete this work at W36 and W38 sites, as shown on the provided maps (Exhibit
2). The work time frame proposed is scheduled to start as soon as February 24, 2020.
However, the applicant is requesting a 30-day work window after the first night of work
occurs to complete the borings. Mitigation measures are proposed by the applicant to
diminish the impact on the surrounding area.
Staff concurs that the request is the minimum needed to accomplish the geotechnical
investigation work. Samples of soil would be collected and the information gathered
would be used to design the foundations for the new I-405 bridges crossing May Creek.
Compliant if
Conditions of
Approval are
Met
d. That the variance contains such conditions deemed to be necessary to limit the
impact of the variance on the residence or property owners impacted by the
variance. The variance approval may be subject to conditions including, but not
limited to, the following:
a. Implementation of a noise monitoring program;
b. Maximum noise levels;
c. Limitation on types of equipment and use of particular equipment;
d. Limitation on back-up beepers for equipment;
e. Required use of noise shields or barriers;
f. Restrictions to specific times and days;
g. Specific requirements for documentation of compliance with the noise variance
conditions;
h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify compliance;
j. Required access to the project by the City to verify compliance with the noise
variance conditions;
k. Specific program to allow for temporary hotel vouchers to effected residents;
l. Requirements for written verification that all workers understand the noise
variance conditions for the project; and
m. Provision allowing the City to immediately revoke the variance approval if the
variance conditions are violated.
Staff Comment: The applicant is requesting a work schedule of no more than two
consecutive nights at each requested boring location. If additional geotechnical
investigation work is required beyond two nights, the contractor would exercise a
minimum one-day break between boring investigations at each location. The applicant
is requesting the noise variance for borings W36 and W38 for no longer than 30-days
after the first geotechnical investigation begin. According to the applicant, a number of
mitigation measures and monitoring techniques would be used to help limit impacts on
the Class A EDNA properties. WSDOT and the contractor are proposing to implement
the following noise reduction measures during the geotechnical investigation work:
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 6 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
1. Truck tailgate banging is prohibited. All trucks shall be secured to prevent excessive
noise from banging.
2. All trucks performing export haul shall have well maintained bed liners as inspected
and approved by the Engineer.
3. All trucks shall be equipped with ambient sensitive backup warning devices, except
pure tone backup alarms.
4. Temporary noise shield would be placed in front of the machinery, if feasible.
5. WSDOT/FLJV personnel would receive training and update of the conditions under
which this variance was granted.
6. Provide a WSDOT/FLJV complaint number as well as a list of designated contact
persons for the purpose of forwarding complaints.
7. WSDOT/FLJV would notify by US mail, residents within 300 feet of the sites ten (10)
days prior to the night work commencement. This notification would include the type of
work, as well as phone number or email to request more information including specific
requests or concerns.
8. WSDOT/FLJV would provide ear plugs and/or white noise machines upon request if
during the notification process the residents requires.
9. WSDOT/FLJV would respond to any notified resident if during the notification process
the residents requires special accommodations.
10. WSDOT/FLJV would implement a nighttime noise monitoring if complaints are
received. Provide data with nighttime construction noise model is able to predict with
enough accuracy projected noise levels.
11. Post nighttime work on the WSDOT web/internet site.
As indicated by the applicant, WSDOT/FLJV would provide the City with an attendance
sheet of workers that would participate in the soil investigation night work. In addition,
all alarms will operate under OSHA and L&I rules and regulations and WAC and RCW
codes and staff included one (1) condition 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 the proposed mitigation measures to diminish or eliminate noise during
night work between the hours of 10:00 pm and 7:00 am. Additional mitigation measures
to diminish or eliminate noise during construction are to be provided by the applicant
as necessary.
e. The importance of the services provided by the facility creating the noise and the
other impacts caused to the public safety, health and welfare balanced against the
harm to be suffered by residents or property owners receiving the increased noise
permitted under this variance.
Staff Comment: The location where the boring operation would take place is located at
the existing I-405 shoulders at May Creek near the 44th Interchange. The geotechnical
exploration work area is located within the Shoreline area of influence. However, the
work exploration area is not located within any special site with special features such
as within any aquifer layer or geological hazard area. Geotechnical investigation work
is expected to result in I-405 roadway improvements to this heavily travelled interstate
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 7 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
and the applicant has identified mitigation measures to reduce or eliminate nighttime
noise. See condition above under subsection ‘d’.
f. The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
Staff Comment: Soil investigation is required to design the May Creek bridge, retaining
walls, etc., that would be erected at this location along the I-405 corridor. Geotechnical
drilling is the only way to assess the soil parameters to proceed with structural design.
No alternative locations are possible for soil investigation night work that would be used
to design the foundations for the new I-405 bridges crossing May Creek.
g. The extent by which the prescribed noise limitations will be exceeded by the
variance and the extent and duration of the variance.
Staff Comment: Noise levels produced by construction equipment is expected to range
from 70 to 82 decibels at a distance of 50 feet from the source of the noise. These sound
levels are expected to diminish to a range of 58 to 70 decibels at a distance of 200 feet
from the source of the noise. The requested variance is for a total of two (2) non-
consecutive nights per location at a time with a one-day break or more between
operations.
E. CONCLUSIONS:
1. The subject site is located within the southbound and northbound travel lanes of I-405 near May Creek.
2. 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.
3. The applicant, Washington State Department of Transportation (WSDOT), requested a noise variance in
order to exceed the night time dBA limits for EDNA Class A properties along the I-405 project corridor near
the May Creek bridge.
4. The requested variance meets the seven (7) criteria to be considered in making a decision on a variance
request as specified in RMC 8-7-8, provided the applicant complies with City Code and conditions of
approval, see FOF 12.
F. DECISION:
The I-405 Renton to Bellevue HOT - May Creek Borings, File No. LUA20-000037, V-A, as depicted in Exhibit 2, is
approved and is subject to the following conditions:
1. 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 five (5) days of receiving the complaint.
2. The applicant shall implement the proposed mitigation measures to diminish or eliminate noise during
night work between the hours of 10:00 pm and 7:00 am. Additional mitigation measures to diminish or
eliminate noise during construction are to be provided by the applicant as necessary.
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 8 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on February 24, 2020 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
WSDOT
15700 Dayton Ave N
Shoreline, WA 98011
Laura Musso Escude
WSDOT
15700 Dayton Ave N
Shoreline, WA 98011
Guillermo Sanchez
WSDOT
15700 Dayton Ave N
Shoreline, WA 98011 TRANSMITTED on February 24, 2020 to the Parties of Record:
Greg Fawcett
Meadow Partners LLC
PO Box 402
Fall City, WA 98024
TRANSMITTED on February 24, 2020 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property & Technical Services Manager
Vanessa Dolbee, Current Planning Manager
Rick Marshall, Fire Marshal
G. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
The administrative land use decision will become final if the decision is not appealed within 14 days of the
decision date.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on March 9, 2020. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing
Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office,
(425) 430-6510.
EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year
extension may be requested pursuant to RMC 4-9-250.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened
by the approval body. The approval body may modify his decision if material evidence not readily discoverable
prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
2/24/2020 | 3:49 PM PST
City of Renton Department of Community & Economic Development
I-405 Renton to Bellevue HOT - May Creek Borings
Administrative Report & Decision
LUA20-000037, V-A
Report of February 24, 2020 Page 9 of 9
SR_I-405_May_Creek_Borings_Noise_Variance_200224
be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal
within the 14-day appeal time frame.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications
may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals
to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing
through the Hearing Examiner. All communications are public record and this permits all interested parties to
know the contents of the communication and would allow them to openly rebut the evidence in writing. Any
violation of this doctrine could result in the invalidation of the appeal by the Court.
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
I-405 Renton to Bellevue HOT - May Creek Borings
Land Use File Number:
LUA20-000037, V-A
Date of Report
February 24, 2020
Staff Contact
Clark H. Close
Senior Planner
Project Contact
Guillermo Sanchez
WSDOT
15700 Dayton Ave N,
Shoreline, WA 98011
Project Location
Boring Locations W36 and
W38 near May Creek from
the southbound and
northbound travel lanes
of I-405
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Site Plan – Boring Locations W36 and W38
Exhibit 3: Neighborhood Detail Map
Exhibit 4: Variance Request Justification
Exhibit 5: Utility Plans
Exhibit 6: Drainage Plan
Exhibit 7: Traffic Control Plan
Exhibit 8: I-405 Hours of Nighttime Operation
Exhibit 9: I-405 Noise Variance Flyer
Exhibit 10: Nighttime Construction and Traffic Noise Propagation
Exhibit 11: Public Comments from Greg Fawcett
Exhibit 12: Response Letter to Mr. Fawcett
Exhibit 13: Advisory Notes
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
NEIGHBORHOOD DETAIL MAPSITE100.0 ft300.2 ftW-36EXHIBIT 2RECEIVEDClark Close 02/06/2020PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
NEIGHBORHOOD DETAIL MAPSITE100.0 ft300.2 ftW-38RECEIVEDClark Close 02/06/2020PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
NEIGHBORHOOD DETAIL MAPSITE100.0 ft300.2 ft300.2 ftBoringW-38BoringW-38EXHIBIT 3RECEIVEDClark Close 02/06/2020PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
Noise Variance Request Justification
Below are the responses to each variance factor. (RMC 8-7-8.D.1-7)
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.
Applicant Response:
WSDOT is requesting this variance to work at night based on the fact that this portion of the I-
405 corridor carries 132,000 vehicles per day and the existing southbound pavement is showing
significant failure. I-405 serves as a key connector for commercial, freight and motorist uses, and
mass transit within the Puget Sound area; day time closures full or partial to perform this work
would, have the potential to spike congestion on this north-south corridor negatively and would
affect the city of Renton arterials and local street. Consequently, working at night will allow
residents, businesses and drivers to be able to maintain travel time while using this corridor.
FLATIRON-LANE (DB) on this project will be required to provide a safe and efficient
movement of people, goods, and services through and around any closures on the project, while
minimizing negative impacts to residents, commuters, and businesses. In order to meet these
requirements, it is necessary that the work for this project be done at night. 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.
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.
Applicant Response:
Temporary nighttime construction is one of the few tools that WSDOT applies to lessen traffic
congestion and disruption to highway users while improving the roadway. This geotechnical
investigation early in the design stage is necessary to finalize foundation and structure design that
are key to completing the required final plans. Within a 300 foot radius where the soil
investigation work will occur there are sensitive receivers, 1 at the W36 site and 6 at the W38
sites. Sound propagation for a source such as this construction equipment propagates as
follows: 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 this particular site of May
Creek, this attenuation will depends on the relative elevation of the source and the receiver, and
the height and location of the intervening object also in this site there are noise wall.
Noise levels projected for this project have been estimated to generate noise levels of 70 to 82
dBA heard at 50 feet. Background traffic noise levels on I-405 reach approximate average levels
up to 73 dBA at night at 50 feet from the travel lane. When distance is incorporated into the
assessment as well as topography and the proposed mitigation measures, we estimate that the
nearest residences would not notice the nighttime work but if any peak would not be as severe as
without all the listed mitigation. Consequently, residents will be impacted to the minimum extent
EXHIBIT 4
RECEIVED
Clark Close 02/06/2020
PLANNING DIVISION
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
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EXHIBIT 5
RECEIVED
Clark Close 02/06/2020
PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
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N 40TH STMEADOW AVE NMAY CREEKN 37TH STMP 6.95MP 7.00MP 7.05MP 7.10MP 7.15MP 7.20XL-4653R2B-17-17XL-5467R2B-18si-17XL-5467R2B-19-17XL-4653R2B-20-17XL-4653R2B-21-17XL-4653R2B-22vw-17XL-4653R2B-23vw-17L-5687H-3-82-MCL-7974 / L-5687H-4-82 MCL-7974 / L-5687H-5-82 MCL-7974 / L-5687H-6-82 MCTudor/I-405/WAPB-15Tudor/I-405/WAPB-17XL-0560TH-19-94XL-0560TH-20-94XL-0560TH-21-94SL-274 (L-5687)W-1-54SL-274 (L-5687)W-2-54DESIGNED BYENTERED BYCHECKED BYPROJ. ENGR.REGIONAL ADM.FILE NAMETIMEDATE1/20/2020\\AMECPW03ICS01\iCS_pdf_work_dir\202\6970_26\41_XL5467_PS_EP_26.dgnREVISIONBYSHEETOFSHEETSLOCATION NO.CONTRACT NO.JOB NUMBERREGIONNO.STATEFED.AID PROJ.NO.WASH10PLOTTED BYDATEAMECPW03ICS01$10:08:40 PMWashington StateDepartment of Transportation70INVESTIGATION PLANGEOTECHNICAL AND SUBSURFACEAND EXPRESS TOLL LANES PROJECTI-405; RENTON TO BELLEVUE WIDENINGP.E
.
STAMP BOXDATEP.E. STAMP BOXDATEPLAN REF NOSCALE IN FEET050100W-36-20W-38-20W-37-20DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
T.23N. R.5E. W.M.
NB405 LINE
SB405 LINE
TO REMAIN
EXISTING CABS
POND TO REMAIN
EXISTING DETENTION
POND TO REMAIN
EXISTING DETENTION
TO REMAIN
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EXISTING MFD TYPE 3
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AREA TO REMAIN
EXISTING NATURAL DISPERSION
THUNDER HILLS CREEK
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c:\users\taylorsu\pw_wsdot\d0114970\XL5467_PS_DR_03.dgn
5:04:05 PM
12/20/2018
PLOTTED BY taylorsu
FILE NAME:
100 200
SCALE IN FEET
0
116NOT FOR CONSTRUCTION
15% CONCEPTUAL DESIGN
AD COPY
Washington State
Department of Transportation
CUT/ FILL LINE
EASEMENT
CONSTRUCTION ALIGNMENT
AND LIMITED ACCESS
RIGHT OF WAY
WETLAND MITIGATION BUFFER
ORDINARY HIGH WATER LINE
STREAM BUFFER
EXISTING WETLAND
DRAINAGE LEGEND:
EXIST BOX CULVERT
PROPERTY LINE
7200
PROPOSED RETAINING WALL
EXISTING STORM DRAIN
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EXISTING DRAINAGE STRUCTURE
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EXISTING BIOFILTRATION SWALE
PROPOSED CULVERT
PROPOSED NOISE WALL
PROPOSED EDGE OF PAVEMENT
DITCH
STREAM
EXISTING DETENTION POND
M
ATCH LI
NE STA NB4
05 7462+00 SEE SHEET DR04SB405-SB167 LINE
SB405-SB167 LINE
S 15TH ST
SW 12TH ST
SW 13TH ST
SW 13TH ST
RENTON
INFINITY OF RAYMOND AVE SWSENECA AVE SWMAPLE AVE SWMAPLE AVE SWRAINIER AVE SBENSON DR SS RENTON VILLAGE PL
SMITHERS AVE SWHITWORTH AVE SSHATTUCK AVE SBENSON RD S COMPANY
SEATTLE LUMBER
SW 16TH STLIND AVE SWLIND AVE SWSENECA AVE SWLAKE AVE SRENTAL
TRUCK
THRIFTY MORRIS AVE SS
P
UGE
T DRI
VESR 167EAST VALLEY RDMCI
LANDINGLARKSPURTALBOT RD SEXPRESS
SHUTTLE
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S 14TH ST
S 14TH ST
S 15TH ST
A. GHADAMSI
A. BLACK
S. TAYLOR
XL5467
DR03
C. BARNETT
I-405
RENTON TO BELLEVUE
CORRIDOR WIDENING & EXPRESS TOLL LANES
DRAINAGE PLAN
40
SB I-405
NB I-405
I-405/SR167 INTERCHANGE
SB 167 TO SB I-405NB I-405 TO 167
S
B I-405 T
O
N
B 167
167 T O NB I-4 0 5
RENTON CINEMA 8
ONE RENTON PLACE
SB I-405
NB I-405 SB I-405 OFF RAMPN B I-405 O N RA MP
BERKSHIRE APARTMENTS
SB SR 167NB SR 167
FACILITY
MAINTENANCE
WSDOT
ROCK
SIN
pw:\\HQOLYMAPPPW01P.WSDOT.LOC:WSDOT\Documents\Northwest\_Projects\405\2.30_RentonToBellevue\Design\_CAD\ContractPlans\XL5467_PS_DR_03.dgnK. HENRY
EXHIBIT 6
Entire Document
Available in
Laserfiche
Submittals Folder
Click HERE to access Digital Records Library
RECEIVED
Clark Close 02/06/2020
PLANNING DIVISION
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
Entire DocumentAvailable in
Laserfiche Submittals Folder
Click HERE to access Digital Records Library
EXHIBIT 7
RECEIVED
Clark Close 02/06/2020
PLANNING DIVISION
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
I 405 South Bound
Sunday 8:00 p.m. to Monday 7:00 a.m.
Monday 7:00 p.m. to Tuesday 7:00 a.m.
Tuesday 7:00 p.m. to Wednesday 7:00 a.m.
Wednesday 7:00 p.m. to Thursday 7:00 a.m.
Thursday 7:00 p.m. to Friday 7:00 a.m.
Saturday 6:00 a.m. to Saturday 9:00 a.m.
Saturday 7:00 p.m. to Sunday 9:00 a.m.
I 405 North Bound
Sunday 8:00 p.m. to Monday 7:00 a.m.
Monday 8:30 p.m. to Tuesday 7:00 a.m.
Tuesday 8:30 p.m. to Wednesday 7:00 a.m.
Wednesday 8:30 p.m. to Thursday 7:00 a.m.
Thursday 8:30 p.m. to Friday 7:00 a.m.
Saturday 6:00 a.m. to Saturday 9:00 a.m.
Saturday 6:00 p.m. to Sunday 12:00 noon
Ramp Closures
Lane Reductions same as mainline
EXHIBIT 8
RECEIVED
Clark Close 02/06/2020
PLANNING DIVISION
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
Work notice: Nighttime construction work near
May Creek overpass in Renton
Work occurring on I-405 northbound and southbound shoulders beginning February 24, 2020
PROJECT DESCRIPTION
Contractor crews working for the Washington
State Department of Transportation will be
testing soil conditions along I-405 near May
Creek in Renton, WA. This is early exploratory
work for the I-405 Renton to Bellevue Widening
and Express Toll Lane project.
Flatiron Lane Joint Venture is the contractor
selected by WSDOT to build this project. The
project will reduce congestion and improve
safety along I-405 by adding highway capacity
and making other safety and mobility
improvements between Renton and Bellevue.
DESCRIPTION OF WORK
Crews will be drilling holes to take soil samples
as part of exploratory geotechnical work. To
reach the drill site and create a safe work zone,
crews will close the shoulder and one lane of
northbound I-405, and the 44th on-ramp to
southbound I-405.
Crews will be drilling at two locations near the I-
405 bridge over May Creek starting Monday,
Feb. 24. Nighttime work hours will begin as
early as 9 p.m. and end as late as 7:30 a.m.
Crews will work no more than two consecutive
nights. Early exploratory night work is
scheduled to end Friday, March 6, 2020 but
could take longer depending on weather and
other factors. The requested noise variance
from the City of Renton is expected to expire 30
days after the first night of work occurs.
NIGHTTIME WORK
People living near the work areas may hear
increased noise from drilling equipment or light
plant generators. However, the work is not
expected to be perceptible above the
background noise levels produced by I-405
traffic.
Crews will use strategies to minimize noise and
disruption while working at night, including:
1. Avoid banging truck tailgates.
2. All trucks hauling material will have well-
maintained bed liners.
3. All trucks will have ambient sensitive
backup warning devices.
4. If feasible, a temporary noise shield will
be placed in front of the machinery.
STAY INFORMED
Visit WSDOT’s website for additional project
details and to sign up to receive project
construction and night work notifications:
https://www.wsdot.wa.gov/Projects/I405/Renton
toBellevue/home
General information: 425-456-8585
Email: I405SR167Program@wsdot.wa.gov
Construction hotline: 425-818-0161
Title VI Notice to Public
It is the Washington State Department of Transportation’s (WSDOT) policy to assure that no person shall, on the grounds of
race, color, national origin or sex, as provided by Title VI of the
Civil Rights Act of 1964, be excluded from participation in, be
denied the benefits of, or be otherwise discriminated against
under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated,
may file a complaint with WSDOT’s Office of Equal Opportunity
(OEO). For additional information regarding Title VI complaint
procedures and/or information regarding our non-discrimination
obligations, please contact OEO’s Title VI Coordinator at (360)
705-7090.
Americans with Disabilities Act (ADA) Information
This material can be made available in an alternate format by
emailing the Office of Equal Opportunity at wsdotada@wsdot.wa.gov or by calling toll free, 855-362-
4ADA(4232). Persons who are deaf or hard of hearing may make
a request by calling the Washington State Relay at 711.
EXHIBIT 9
RECEIVED
Clark Close 02/13/2020
PLANNING DIVISION
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
Nighttime Construction and Traffic Noise propagation
This write up is to detail the process and the outcome of the requested calculation to determine if the
May Creek residents will experience construction noise levels below existing nighttime traffic noise
levels.
Problem Statement
City of Renton requires WSDOT to obtain nighttime noise variances for night work and the process
requires a public hearing which takes up to 60 days or more depending how complex and controversial
the project is.
If the work can be completed within 2 days there is an option to obtain an Administrative Noise
variance. However, the process still requires notification of residents 14 days prior to start of night work
if they live within 300 feet of where the work will occur.
WSDOT is pursuing the Administrative Noise variance for two locations along I-405. However, at one of
the locations, W-38, the 300 foot radius as shown on the neighborhood detail map is located at the edge
of the nearby properties. Also at the W-36 location, even though residents are within the 300 foot circle
of influence that triggers a noise variance, they will be protected by existing noise barriers.
Consequently, due to the schedule constraints to obtain critical geotechnical, the City of Renton will
consider a waiver for these locations as long as WSDOT demonstrates that construction noise levels at
the edge of the residential property lines at the May Creek neighborhood either
a. Is at or below 47 dBA, or;
b. The I-405 nighttime background traffic noise levels will be perceived by noise sensitive receivers
to be higher than the construction noise levels from the Geotechnical soil investigation
operation.
Methodology
WSDOT Construction area model was used to calculate the distance to where the construction sound
originating from the work zone merges into the existing nighttime traffic noise levels on I-405.
The Construction model was populated with data as follows:
a. Traffic Noise levels daytime measurement at noise sensitive receivers representing May Creek
residents from a 2016 Traffic Noise study. This 24/hours measurement shows that through the
night and day time hours there is a range of reduction between 3 dBA to 6 dBA. The most
conservative of 3 dBA will be used to calculate nighttime traffic veh/hour to input in the model.
b. I-405 current daily traffic volume per Tukwila to I-90 Vicinity Express Toll Lanes Project Traffic
Report to be an ADT of 132000 veh/ day. To calculate the Traffic noise level, we use 10% of that
ADT which is equal to 13,200 veh/hour. In this calculation, we need to assume vehicle per hour
during the nighttime hours to give us a more realistic sound propagation. So that night time
traffic volume was calculated based on a noticeable noise reduction of 3 dBA which means that
Entire DocumentAvailable in Laserfiche Submittals Folder
Click HERE to access Digital Records Library
EXHIBIT 10
RECEIVED
Clark Close 02/06/2020
PLANNING DIVISION
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
1
Clark Close
From:Greg Fawcett <gfawcett@nwlink.com>
Sent:Monday, February 10, 2020 6:56 PM
To:Clark Close
Cc:Sabra Fawcett; gfawcett@nwlink.com
Subject:FW: Brick House sewer as built at 4008 Meadow Ave. North Renton WA 98056
Attachments:IMG_7936.jpg; Untitled attachment 00078.txt
-----Original Message-----
From: Greg Fawcett [mailto:gfawcett@nwlink.com]
Sent: Monday, February 10, 2020 3:49 PM
To: kbraaten@rentonwa.gov
Cc: Sabra Fawcett; gfawcett@nwlink.com
Subject: FW: Brick House sewer as built at 4008 Meadow Ave. North Renton WA
98056
Dear Kip...
I own property at 4008 Meadow Ave. North Renton WA 98056. There is a plastic sewer line that goes from the house to
the Metro trunk line (see as built).
My concern is that the boring machine may hit the plastic sewer pipe and that would cause me huge problems. Please e-
mail and or call me at
425-466-5229 to discuss. I want to talk to the contractor and meet him on site to prevent any problems.
Sincerely,
Greg Fawcett
425-466-5229
-----Original Message-----
From: Greg [mailto:gfawcett@nwlink.com]
Sent: Monday, February 10, 2020 3:34 PM
To: Fawcett Greg
Subject: Brick House sewer as built
Entire Document
Available in Laserfiche Submittals Folder
Click HERE to access Digital Records Library
EXHIBIT 11
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
February 13, 2020
Greg Fawcett
Meadow Partners LLC
PO BOX 402
Fall City, WA 98024
SUBJECT: I-405 Renton to Bellevue HOT - May Creek Borings Comment Response Letter
LUA20-000037, V-A
Dear Mr. Fawcett:
Thank you for your initial comments related to I-405 Renton to Bellevue HOT - May Creek Borings;
received on February 10, 2020 wherein you raised concerns with the early exploratory work for the
I-405 Renton to Bellevue Widening and Express Toll Lane project. Specifically, you’ve indicated that
there is a plastic sewer line that goes from the brick house at 4008 Meadow Ave N to the Metro trunk
line and the concern lies with the borings proximity to hit the sewer pipe and cause problems. Your
letter has been included in the official project file and you have been made a party of record.
In response to your comments, the contractor and the I-405 Office provided a formal response letter
to your concerns (enclosed).
Thank you for your interest in this project and if you have any further questions or comments moving
forward please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov.
Sincerely,
Clark H. Close
Senior Planner
Enclosure: Response letter from the Design Builder and the I-405 Office
Entire DocumentAvailable in Laserfiche Submittals Folder
Click HERE to access Digital Records Library
EXHIBIT 12
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Page 1 of 1 LUA20-000037
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative land use action.
Because these notes are provided as information only, they are not subject to the appeal process for the land use
action.
Planning:
(Contact: Clark H. Close, 425-430-7289, cclose@rentonwa.gov)
1. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for
adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and/or your
U.S. Fish and Wildlife Service permit.
Development Engineering:
(Contact: Justin Johnson, 425-430-7291, JTJohnson@rentonwa.gov)
1. No comments at this time.
Fire Authority:
(Contact: Corey Thomas, 425-430-7024, cthomas@rentonwa.gov)
1. No comments at this time.
Technical Services:
(Contact: Amanda Askren, 425-430-7369, aaskren@rentonwa.gov)
1. No comments at this time.
Community Services:
(Contact: Leslie Betlach, 425-430-6619, lbetlach@rentonwa.gov)
1. Identify access to accomplish borings 36 and 38. Ensure tree protection on Park property and coordinate
with Urban Forestry Manager.
2. In addition to identifying access to accomplish Boring W-38, please note this is an actively used public park
and trail system. Public access to be maintained. Tree protection on Park property to be coordinated with
Urban Forestry Manager.
Police:
(Contact: Cyndie Morris, 425-430-7521, cmorris@rentonwa.gov)
1. No comments at this time.
Building:
(Contact: Craig Burnell, 425-430-7290, cburnell@rentonwa.gov)
1. Recommendations of the geotechnical report must be followed.
EXHIBIT 13
DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736