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HomeMy WebLinkAboutDecision & Letter  May 20, 2020      SENT BY EMAIL TO ALL PARTIES OF RECORD       Maria Laura Musso‐Escudé, WSDOT    Acoustics, Air Quality, and Energy Specialist     15700 Dayton Ave N  Shoreline, WA 98011      Subject:  Hearing Examiner’s Final Decision  RE: I‐405 Renton to Bellevue ‐ LUA‐20‐000058    Dear Ms. Musso‐Escudé:  Enclosed please find the Hearing Examiner’s Final Decision dated May 19, 2020. Also, this document is  immediately available on our website:     If you go to: Rentonwa.gov; “How do I”; Hearing Examiner (under Contact); “Decisions”; “Land  Use Decision”. The Decisions are filed by year and then alphabetical order by project name.     I can be reached at (425) 430‐6510 or jseth@rentonwa.gov.  Thank you.     Sincerely,        Jason A. Seth, CMC  City Clerk  cc:    Hearing Examiner    Clark Close Senior Planner   Jennifer Henning, Planning Director  Vanessa Dolbee, Current Planning Manager  Brianne Bannwarth, Development Engineering Manager  Craig Burnell, Building Official  Jennifer Cisneros, Planning Technician  Julia Medzegian, City Council Liaison  Parties of Record (6)          1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: I-405 Renton to Bellevue - Project-Wide Borings Noise Variance LUA20-000058, V-H ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The Washington State Department of Transportation (“WSDOT”) has applied for a noise variance from RMC 8-7-2 to drill 120-foot-deep soil borings at 30 locations between mile post 3.2 and 7.1 of I-405 to gather geotechnical information for the widening and addition of a toll lane to I-405. Each boring is anticipated to take between one (1) and two (2) nights per location and the entire project will take a total of an estimated 65 nonconsecutive nights. The variance is requested to extend from the date of variance approval through September 30, 2020. The variance is approved subject to conditions. Testimony Clark Close, Senior City of Renton Planner, summarized the proposal. Mr. Clark confirmed that WSDOT had proposed ten as opposed to eleven noise mitigation measures as referenced in the recommended conditions of approval, that one of the 11 was requested by the City. Mr. Clark noted that staff did not find all of the mitigation measures identified in RMC 8-7-8D4 necessary given the scope of the project and the prior working history with WSDOT. WSDOT and the City have worked on the implementation of several noise variances in the past, and the code enforcement measures from RCW 8-7-8D4 that have not been recommended were found unnecessary to ensure that the noise impacts of the proposal are effectively mitigated. Mr. Clark noted that WSDOT will be requesting a more significant noise variance for the next phases of the I-405 project and at that time the City is more likely to recommend more of the mitigation measures from RMC 8-7-8D4. Mr. Clark noted that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 2 2 City meets with WSDOT bimonthly and already has inspectors in the field so there is already a close working relationship on the project. Mr. Clark confirmed that the project would not be retroactive and is limited to future work. Drill borings have been shut down up to this point due to the Governor’s proclamation in response to the pandemic. In Mr. Clark’s experience, there have been no complaints about WSDOT noise from past projects or code enforcement issues. Laura Musso-Escude, WSDOT representative, in response to examiner questions, noted that she came to the conclusion that residents would not perceive the project noise as louder than background freeway noise due to topography and structures located between the project site and the residences. She stated that her analysis was based upon the location of each home affected by the proposal. She noted that the borings are in clusters up to three and some homes may be exposed to the noise of a maximum of two borings. At a maximum of two nights of work per boring, this means that the greatest number of nights that any one home would be exposed to boring noise would be four. Ms. Musso-Escude noted that some boring work was done in March by May Creek and WSDOT did not receive any complaints and no one has ever had to have been placed in a hotel. Bill Adams, WSDOT project manager, elaborated that the boring sites in clusters are still 100 feet apart. Mr. Adams confirmed that congestion is very poor on I-405 and that the proposal is necessary to reduce that congestion. He also clarified that the proposed I-405 widening is primarily necessary to accommodate a toll lane. There will also be auxiliary lane additions that will help with the merging of traffic. The project also involves seismic retrofits of existing bridges. Jean, a neighbor, stated she lives on the east side of I-405 near Exit 5. She appreciates the public hearing and the information provided addressed her concerns with the project. Exhibits The nine exhibits identified at page 2 of the Staff Report were admitted into the record during the hearing. In addition, the staff power point was admitted as Exhibit 10, City of Renton COR maps of the site as Ex. 11 and Google Maps of the site as Ex. 12. FINDINGS OF FACT Procedural: 1. Applicant. WSDOT, Laura Musso-Escude, 15700 Dayton Ave N, Shoreline, WA 98011 2. Hearing. A virtual hearing was held on the subject application on May 19, 2020 at 11:00 am in the City of Renton, Zoom Meeting ID No. 841 8307 8741. Substantive: 3. Project Description. (“WSDOT”) has applied for a noise variance from RMC 8-7-2 to drill 120- foot deep soil borings at 30 locations between mile post 3.2 and 7.1 of I-405 to gather geotechnical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 3 3 information for the widening and addition of a toll lane to I-405. Each boring is anticipated to take between one (1) and two (2) nights per location and the entire project will take a total of an estimated 65 nonconsecutive nights between the hours of 10 pm and 7 am. Construction noise would come from construction equipment performing site preparation and drilling work tasks. The variance is requested to extend from the date of variance approval through September 30, 2020. Noise levels resulting from project construction activities are expected to generate peak noise levels of 61 to 82 dBA heard at 50 feet from the source of the noise. These sound levels are expecte d to diminish to a range of 51 to 66 decibels at a distance of 300 feet from the source of the noise. A variance from RMC 8-7-2 is necessary in order to conduct the night time 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). The noisiest pieces of equipment that will be utilized includes 1-ton pickup trucks/flat beds, excavators, chainsaws, and auger drills. Exhibit 7 identifies the maximum noise levels proposed/associated with this equipment. 4. Neighborhood Characteristics. The drilling will occur within hearing distances of areas abutting I-405 in Renton that are zoned residential, industrial and commercial. The most directly affected properties are identified in the aerial photograph admitted as Ex. 3. . 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably practicable and should not substantially adversely affect any single residential occupant. The most nights that any one residence will be exposed to noise exceeding nighttime standards will be four and WSDOT contends that with its proposed mitigation the noise levels will not be perceived as significantly more than the existing background noise of I-405. WSDOT will provide advance notice to affected property owners of the construction work along with a complaint number should the noise still be a problem. In a worst case, WSDOT will provide hotel accommodations if no other noise prevention mitigation proves effective. The reason that WSDOT concluded that potentially affected residents should not perceive an appreciable increase in freeway background noise is because of distance from the proposed drilling to the residences and intervening structures and topography. WSDOT contends that the sound generated from the construction work will decrease by 6-dBA with every doubling of the 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. In addition, noise also decreases if an object interferes with the receiver’s line of sight to the noise source. Therefore, residents along the I-405 Corridor would perceive construction sounds at various decibel levels due to varying distances, topography (berms or elevations changes), and other features (noise wall) that break the line of sight. For example, sound attenuation for residents of Renton Hills and May Creek could perceive a lower level of noise due to homes being located behind an embankment or behind a structure that would not have a direct line of sight. Noise levels projected for this project have been estimated to be between 61 to 82 dBA heard at 50 feet. Night-time background traffic noise levels on I-405 average 73 dBA at 50 feet from the nearest travel lane during daytime so including a nighttime reduction factor of 5 dBA the background I-405 noise should be 68 dBA. When distance is incorporated into the assessment as well as topography 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 4 4 and the proposed mitigation measures, WSDOT estimates that the nearest residences will not notice the night-time work taking place at the site investigation sites. WSDOT posted and mailed a notice to residents within 300 feet of the project corridor. No public comments have been received. The borings will be conducted by Flatiron-Lane Joint Venture (FLJV), the design builder awarded the contract for the project. WSDOT has proposed several noise mitigation measures to lower the risk of any noise “spikes” that could be noticed by residents. WSDOT proposed mitigation is as follows: 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 broadband ambient sensing back up alarms. 4. Temporary noise shields shall be installed to the extent necessary and feasible. 5. WSDOT/FLJV personnel will be updated and receive training on the conditions imposed by this variance. 6. WSDOT will provide a WSDOT/FLJV complaint number as well as a list of designated contact persons to potentially affected residents for the purpose of forwarding complaints. As identified in the staff report, to ensure that complaints or issues submitted by residents are adequately addressed, as necessary the contractor along with WSDOT will work on alternative mitigation measures to stop the disruption. 7. WSDOT/FLJV will send notice of the proposed work in substantially the form of Exhibit 8 by US mail to residents within 300 feet of the drilling sites at least ten (10) days prior to the commencement of night-time work. This notification will include the type of work, as well as a phone number and email address to request more information or to express complaints or concerns. 8. WSDOT/FLJV will provide ear plugs and/or White Noise machines upon request if during the notification process the residents requires them. 9. WSDOT/FLJV will respond to any notified resident if during the notification process the residents requires special accommodations. 10. WSDOT/FLJV will implement night-time noise monitoring if complaints are received. Staff concurs that the applicant has proposed effective mitigation measures that would limit the impacts on the EDNA properties. Staff recommends two additional mitigation measures as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 5 5 11. A summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within five (5) days of receiving the complaint. 12. WSDOT shall maintain a current schedule of night-time work on its website that is specific enough to provide notice to adjoining residents of when night-time work may be heard from their properties. In addition, this Decision adds the following requirements: 13. For any future mailings of Ex. 8, the notice shall be clarified to identify that the phone number and email address listed in the notice can be used to express concerns or complaints. 14. The special accommodation referenced in WSDOT proposed Condition No. 9 shall include hotel accommodations. WSDOT will have the option of providing alternative mitigation if the alternative mitigation would be as or more effective. As addressed in Conclusion of Law No. 6, RMC 8-7-8(D)(4) includes some suggested mitigation measures that have not been recommended in the staff report. The omitted mitigation measures are code enforcement tools designed to facilitate staff oversight of compliance with noise mitigation measures, such as cash security for inspections, staff access to the project site and the right to revoke the variance upon noncompliance. Staff testified at the hearing that they have worked with WSDOT on several other projects involving noise variances and that they have not found the code enforcement tools necessary. Given this testimony, the mitigation measures from RMC 8-7-8D4 omitted from the staff recommendation are not found necessary to further minimize impacts and therefore will not be imposed by this Decision. 6. Practical Difficulties and Special Circumstances. The variance is necessary to avoid daytime I-405 closures that would cause significant traffic congestion that would likely spill over onto City streets. According to the WSDOT, I-405 is a major part of the Puget Sound Transportation system and carries 132,000 AADT (Average Annual Daily Traffic.). Current congestion on I-405 is severe and by many regarded as untenable. The I-405 Renton to Bellevue widening and Express Toll Lanes project will reduce that congestion. The proposed borings are necessary to design critical improvements for the project, such as bridges, noise walls, interchanges, drainage structures, fish passages, retaining walls, etc.. No alternative locations are possible. WSDOT maintains that daytime closures, full or partial, to perform this work would have the potential to worsen the already congested I-405 corridor. Furthermore if frustrated I-405 users encounter daytime closures, there is a high risk that traffic would overflow onto city arterials and local streets increasing travel time of local residents, business and transit, and school bus drivers. In addition, WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. The requested variance would enable the project to be completed without exacerbating existing day time congestion. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 6 6 Conclusions of Law 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)). 2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-8(D). RMC 8-7-8(D)(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. 3. The special circumstances are the proximity of I-405 to adjoining homes and the critical need for night-time work to complete I-405 paving. City and WSDOT staff have concluded that closing off sections of I-405 during daytime hours would severely and unacceptably increase congestion both in the I-405 corridor and surrounding City streets. The geotechnical work is a necessary pre-requisite to widening I-405, which is also critically important to reducing the severe congestion on I-405 during daytime hours. Strict application of the City’s noise regulations would deprive WSDOT of the ability to construct its development in a manner that is compatible with the interests of the surrounding community. In this regard, strict adherence would deprive WSDOT of the rights other developers have to construct their projects in an environmentally responsible manner. RMC 8-7-8(D)(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. 4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are mitigated to the extent reasonably practicable under the circumstances and will be of relatively short duration. Ultimately, the mitigation measures require the applicant to provide hotel accommodations if the noise proves too much for adjoining property owners. In this regard, beyond the temporary inconvenience of relocation, the noise impacts are completely mitigated and as a result, the granting of the variance would not be considered materially detrimental to the public welfare or injurious to surrounding properties or improvements. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all measures it reasonably can to reduce noise impacts. As noted in Finding of Fact No. 6, the proposed work must be done in night to avoid significant congestion impacts during the day on both I-405 and City streets. Since the Applicant has done everything it reasonably can to reduce noise impacts and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 7 7 there is no feasible alternative to do the work during daytime hours, the variance is considered to be the minimum variance that accomplishes WSDOT’s objective of reducing I-405 congestion, RMC 8-7-8(D)(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. 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. 6. All mitigation measures identified above have been incorporated into the conditions imposed upon the variance request by this Decision except for g, i, j and m. The mitigation measures that have not been adopted by this decision are code enforcement and inspection tools designed to facilitate staff oversight of the project. Staff were specifically asked about these measures during the hearing and responded that given their long working history with WSDOT on several other noise variances and the limited scope of the project, they did not find the additional mitigation measures necessary. Deference is given to staff on this issue and the measures are not imposed. 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 suffered by residents or property owners receiving the increased noise permitted under this variance. 7. As outlined in Finding of Fact No. 6, the need for the variance is critical to helping WSDOT alleviate congestion in a significant transportation corridor and as outlined in Finding of Fact No. 5 the impacts to affected residences are temporary and have been fully mitigated. On balance, the noise impacts to affected residents cannot be avoided given the need for the project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 8 8 RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 8. As noted in Finding of Fact No. 6, the geotechnical work is necessary to evaluate soil stability for structures that have to be included in the I-405 widening project. There is no other alternative location these structures could be constructed. 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. 9. The extent and duration of noise impacts do not appear to be significant. As noted in Finding of Fact No. 5, noise levels produced by construction equipment is expected to range from 61 to 82 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 51 to 66 dBA at a distance of 300 feet from the source of the noise. The applicant is proposing a total of 65 non-consecutive nights to complete the work (up to September 30, 2020). The greatest number of nights that any one residence will be exposed to noise exceeding nighttime standards will be four nights and WSDOT contends that with its proposed mitigation the noise levels will not be perceived as significantly more than the existing background noise of I-405. DECISION The proposed variance is justified for the reasons identified in the Conclusions of Law above and is thereby approved. Approval is subject to compliance with the 14 conditions of approval listed in Finding of Fact No. 5. DATED this 19th day of May, 2020. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 8-7-8(F) provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) further requires 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 information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 9 9 Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.