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HomeMy WebLinkAboutSR_WSDOT-FLJV_Noise_Variance_200818_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_WSDOT-FLJV_Noise_Variance_200818_v1 A. REPORT TO THE HEARING EXAMINER Hearing Date: August 18, 2020 Project File Number: PR17-000278 Project Name: I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Land Use File Number: LUA20-000147, V-H Project Manager: Clark H. Close, Senior Planner Owner: WSDOT, 600 108th Ave NE Ste. 405, Bellevue, WA 98004 Applicant/Contact: Robert Thomas, WSDOT, 600 108th Ave NE Ste. 405, Bellevue, WA 98004 Project Location: I-405 Renton to Bellevue Corridor Widening and Toll Lanes Project Project Summary: The applicant, 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 widen I-405 through Renton by a single lane in each direction, make improvements at the NE 44th St interchange, replace the May Creek Bridge, and correct fish passage barriers across I-405 in the vicinity of Exit 7. The I-405 Renton to Bellevue widening and Express Toll Lanes project seeks to address capacity and mobility improvements to the public and users. Approximately 500 to 600 nights of non-consecutive nighttime work would be required between now and the completion of the project, anticipated to be December 31, 2024. The primary reason for conducting nighttime work is to minimize daytime traffic congestion along the I-405 corridor. 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). Some of the noisiest pieces of equipment that would be utilized include a fork lift, jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck. Site Area: Approximately 8 Linear Miles of I-405 Start Project Renton- Newcastle City Limits End Project Renton-Tukwila City Limits City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 2 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Site Plan (Sheets 1-11) Exhibit 3: Neighborhood Detail Maps (Sheets 1-14) Exhibit 4: Drainage Plans Exhibit 5: Existing Utilities Plans Exhibit 6: Construction Equipment/Construction Activities List Exhibit 7: Project Narrative Exhibit 8: Variance Justification Exhibit 9: Comment email from Balmer C. GENERAL INFORMATION: 1. Owner(s) of Record: Robert Thomas, WSDOT 600 108th Ave NE Ste. 405 Bellevue, WA 98004 2. Zoning Classification: N/A, I-405, WSDOT Limited Access Right-of-Way 3. Comprehensive Plan Land Use Designation: N/A, I-405, WSDOT Limited Access Right-of-Way 4. Existing Site Use: Transportation Route, Interstate 405 5. Critical Areas: Regulated slopes, streams, regulated shorelines, wetlands, high seismic hazards, landslide hazards, flood hazards, high landslide hazards, high erosion hazards, and wellhead protection area zones 6. Neighborhood Characteristics: I-405 Corridor abutting residential, industrial and commercial zoned properties (Exhibit 3). 7. Site Area: Approximately 8 Linear Miles of I-405 D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 I-405, Renton to Bellevue Project, Stage 1 LUA17-000808 N/A 05/07/2018 I-405, Tukwila to Renton Improvement Project, Stage 3 LUA17-000810 N/A 07/11/2018 May Creek Trail Extension Project LUA19-000015 N/A 06/14/2019 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 3 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 Flatiron-Lane JV Field Office Trailer Rental / Laydown Area Project LUA19-000318 N/A 04/24/2020 I-405 Renton to Bellevue HOT - May Creek Borings LUA20-000037 N/A 02/24/2020 I-405 Renton to Bellevue – Project-Wide Borings LUA20-000058 N/A 05/19/2020 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Title VIII, Chapter 7 Noise Level Regulations G. PROJECT DESCRIPTION/BACKGROUND: The applicant, 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 widen I-405 through Renton by a single lane in each direction, make improvements at the NE 44th St interchange, replace the May Creek Bridge, and correct fish passage barriers across I-405 in the vicinity of Exit 7. The I- 405 Renton to Bellevue widening and Express Toll Lanes project seeks to address capacity and mobility improvements to the public and users along I-405 in Renton (Exhibits 2-5). Approximately 500 to 600 nights of non-consecutive nighttime work would be required between now and the completion of the project, anticipated to be December 31, 2024. The primary reason for conducting nighttime work is to minimize daytime traffic congestion along the I-405 corridor. Work activities would include clearing and grading, paving, relocation of guardrail and jersey barrier, fish passage culvert installation, bridge demolition and construction, drainage installation, construction of new stormwater facilities, restoration of disturbed areas, and landscaping. More specifically, the variance is requesting to complete the following major items of work: a. Renton Hill Area: S 3rd St/Renton Ave S Bridge Retrofit b. I-405 and SR 169 (Maple Valley Highway) Interchange/Ramp Improvements c. I-405 and SR900 Interchange/Ramp Improvements d. I-405 and NE 30th St Interchange/Ramp Improvements e. I-405 and NE 44th St Interchange/Road Improvements and Ramp Improvements f. Adding Through Lanes g. Build Retaining Walls and Noise Walls h. Upgrade Drainage, Utilities Relocation and Detention Ponds i. Rebuild ITS Systems j. Additional Safety Items (Including, but not limited to, pedestrian and trail improvements, ADA access, and landscaping.) Project noise would come from construction equipment performing excavation, grading, vegetation clearing, paving operations, shaft drilling for signage/toll gantries, pavement saw cutting, drainage installation, building noise walls, trail extension, and boring for geotechnical investigations. Noise levels resulting from project construction activities are expected to generate peak noise levels of 61 to 98 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 83 decibels at a distance of 300 feet from the source of the noise and nighttime noise levels are not City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 4 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 expected to be concentrated at one location for more than two (2) weeks at a time. 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). Some of the noisiest pieces of equipment that would be utilized include a fork lift, jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck (Exhibit 6). H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on June 30, 2020 and determined the application complete on July 8, 2020. The project complies with the 120-day review period. 2. The project site is located along I-405, approximately 8 Linear Miles from Tukwila to New Castle. 3. The project site is currently developed as Interstate 405. 4. The site is mapped with regulated slopes, streams, regulated shorelines, wetlands, high seismic hazards, landslide hazards, flood hazards, high landslide hazards, high erosion hazards, and wellhead protection area zones. 5. The applicant began construction of the I-405 Renton to Bellevue Express Toll Lanes Widening Project in 2020 and construction is expected to continue until December 31, 2024. Night time work is proposed between now and the physical completion of the project. The applicant is requesting approximately 500 to 600 non-consecutive nights of work to complete the widening project. 6. Staff received three (3) public comments via phone on July 29, 2020 and on August 7, 2020. Comments were received from Greg Petrarca, Joel and Cheryl Sbaa, and Jody Balmer. Comments pertained to noises, trees cutting, property values, sound walls, noise mitigation, right-of-way acquisition, window replacement, funding, timing, lost rental income, and general project related questions. On August 10, 2020, staff received written comment fromJody Balmer regarding lost rental income and hotel/Airbnb vouchers or cash credit (Exhibit 9). To further address public comments the following report contains analysis and project information. 7. No other public or agency comments were received. 8. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 9. Variance Analysis: The Washington State Department of Transportation (WSDOT), is requesting a noise variance from RMC 8-7 in order to exceed the night time noise limits between the hours of 10 pm and 7 am. The proposal is compliant with the following variance criteria, pursuant to RMC 8-7-8.D. Therefore, staff recommends approval of the requested variance. 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. City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 5 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 Staff Comment: WSDOT is requesting a noise variance to complete night work on the I- 405 corridor within Renton City Limits. According to the applicant, I-405 is a major part of the Puget Sound Transportation system and carries 132,000 AADT (Average Annual Daily Traffic.) The I-405 Renton to Bellevue widening and Express Toll Lanes is addressing capacity and mobility improvements to the public and users. This variance is requested to generally widen I-405 through Renton by a single lane in each direction, make improvements at the NE 44th Ave interchange, replace the May Creek Bridge, and correct fish passage barriers across I-405 in the vicinity of the NE 44th Ave interchange. I-405 serves as a key connector for commercial, freight and motorist uses, and mass transit within the Puget Sound area (Exhibit 8). The applicant 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, likely there is a risk that traffic would overflow onto city arterials and local streets increasing travel time of local residents, business and transit, and school bus drivers. According to WSDOT, the Design Builder (DB) 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 project, while minimizing negative impacts to residents, commuters and businesses. In order to meet these requirements, the applicant contends that it is necessary that the work for this project be done at night as working at night is considered to be the best way to minimize the negative effects of construction. In addition, WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. The requested variance would allow for temporary exceedance of noise level limits during the night time hours (between 10:00 pm and 7:00 am) which would allow the project to be completed without exacerbating the existing day time traffic conditions. The pieces of construction equipment and types of construction activities proposed to support drilling preparation and operations would include a boom truck with auger, 330 hoe-pac, vacuum truck, pile driving, fork lift, jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck (Exhibit 6). Staff concurs with the applicant that the location of the work within the I-405 corridor is one of the most heavily travelled roads (if not the most travelled road) through Renton. In addition, the project is expected to temporarily impact City roads, primarily main arterials. Therefore, the variance is necessary because of the special circumstances applicable to the I-405 corridor. The City would continue to work with WSDOT and FLJV on a daily basis to ensure the project would have the least amount of impact on users and City residents. The proposed night time work is expected to mitigate the potential day time impacts on residents, road users and area businesses. By allowing night time work to exceed the Environmental Designation for Noise Abatement (EDNA) for all classes (Class A, Class B and Class C) of properties, the applicant can finish the project quicker and limit the impacts on the community, and improve safety for drivers and construction workers.  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, the proposed project addresses capacity and mobility improvements to the public and users and temporary night time construction is one of the few tools that WSDOT is able to employ to lessen traffic City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 6 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 congestion and disruption to highway users while improving the roadway. WSDOT acknowledges that this project would impact local arterials and streets for short period of times following a construction program schedule posted with enough notice to the public and working in conjunction with the City of Renton and WSDOT task force. In general, WSDOT contends that the sound generated from the construction work, such as the construction equipment, as it propagates over distance would be as follows: a 6- dBA noise level decrease 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, the applicant maintains the following points: a. Residents along I-405 that are protected by a noise wall or a natural berm that break the line of sight; b. Residents within Renton Hills, Maple Valley [Highway], Kennedale and [SR 900] are located behind an embankment or behind a structure that would not have a direct line of sight; c. Residents located west and east of I-405, generally the sound attenuation would depend on the relative elevation difference between the source and the receiver, and the height and location of the intervening object; d. Residents along I-405 west and east of I-405 that currently have direct line of sight to the I-405 traffic, would experience construction sounds at some instance during the addition of the general purpose [travel lane]; and e. Residents located on local streets and arterials such as Renton Hill area would likely have direct line of sight to some items of work during construction. Noise levels projected for this project have been estimated between 61 to 98 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 83 decibels at a distance of 300 feet from the source of the noise and nighttime noise levels are not expected to be concentrated at one location for more than two (2) weeks at a time. WSDOT has proposed several noise mitigation measures to lower the risk of any noise “spikes” of unwanted sound levels noticed by residents (Exhibits 7 and 8). See subsection ‘d’ for discussion of some of the proposed noise mitigation measures and their effect. 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. In addition, staff included a multi-approach condition under subsection ‘d’ that would allow staff and the applicant to address complaints from residents in the vicinity of the work area.  c. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: According to the applicant, the purpose of the requested noise variance is to allow WSDOT/ FLJV DB to accomplish this work in the minimum number of nights required to complete all the work at the locations shown on the Site Plan (Exhibit 2). City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 7 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 This request includes a range of 500 to 600 non-consecutive nights in total, including contingency. Staff concurs with the applicant that the approval is the minimum variance that would accomplish the desired purpose. Mitigation measures are proposed by the applicant to diminish the impact on affected properties in Renton as little as possible. Compliant if All 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: 1) Implementation of a noise monitoring program; 2) Maximum noise levels; 3) Limitation on types of equipment and use of particular equipment; 4) Limitation on back-up beepers for equipment; 5) Required use of noise shields or barriers; 6) Restrictions to specific times and days; 7) Specific requirements for documentation of compliance with the noise variance conditions; 8) Specific requirements for notification to nearby residents; 9) Required cash security to pay for inspection services to verify compliance; 10) Required access to the project by the City to verify compliance with the noise variance conditions; 11) Specific program to allow for temporary hotel vouchers to affected residents; 12) Requirements for written verification that all workers understand the noise variance conditions for the project; and 13) Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Comment: WSDOT provided a noise variance justification response (Exhibit 8) and mitigation measures in the project narrative (Exhibit 7) to follow RMC 8-7-8.D.4, Factors For Granting Variance, and are detailed below (WSDOT responses are underlined): a. Implementation of a noise monitoring program; Provide a WSDOT/FLJV complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. WSDOT /FLJV would respond to any notified resident if during the notification process the residents requires special accommodations. Renton Hill area or any area where demolition would occur at night. WSDOT /FLJV would implement night time noise monitoring in all other areas if confirmed complaints are received. b. Maximum noise levels; Noise levels projected for this project have been estimated to generate peak noise levels of 61 to 98 dBA heard at 50 feet. Background traffic noise levels on I-405 reach approximate average noise levels up to 73 dBA during the daytime at 50 feet from the travel lane with a reduction to 68 dBA due to lower average traffic at night. WSDOT City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 8 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 /FLJV would limit noise levels to the greatest extent practicable. Noise levels would not exceed those described in the application materials. c. Limitation on types of equipment and use of particular equipment; WSDOT /FLJV would utilize equipment as described in the noise variance application (Exhibit 6). Truck tailgate banging is prohibited. All trucks shall be secured to prevent excessive noise from banging. All trucks performing export haul would have well maintained bed liners as inspected and approved by the Engineer. d. Limitation on back-up beepers for equipment; All trucks shall be equipped with broadband back up alarms. In addition, all alarms would operate under Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I) rules and regulations, Washington Administrative Code (WAC), and the Revised Code of Washington (RCW). e. Required use of noise shields or barriers; WSDOT/FLJV would use temporary noise shields whenever feasible and when they are not a safety risk to I-405 users and workers. f. Restrictions to specific times and days; Night work would occur Monday thru Friday night starting when the variance is approved, with an expiration date of December 31, 2024. In addition, WSDOT/FLJV would adhere to specific times and days, as required by noise variance conditions. g. Specific requirements for documentation of compliance with the noise variance conditions; WSDOT/FLJV personnel would receive training and update of the conditions under which this variance was granted. WSDOT /FLJV would implement a night time noise monitoring if complaints are received, and monitoring reports would be made available to the City to demonstrate compliance. In addition, WSDOT would develop noise mitigation plans as soon as the Design Builder completes the construction sequence at locations where residents would be impacted due to some specific items of work that cannot be avoided to be performed at night. h. Specific requirements for notification to nearby residents; WSDOT /FLJV would notify, by US mail, residents within 300 feet of the sites ten (10) days prior 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. i. Required cash security to pay for inspection services to verify compliance; WSDOT /FLJV would pay for inspection services as required. j. Required access to the project by the City to verify compliance with the noise variance conditions; WSDOT /FLJV would grant access to the site to City staff as required and as long as the City of Renton follows the security and safety protocol set forth by WSDOT/FLJV so they may access the work zone. k. Specific program to allow for temporary hotel vouchers to effected residents; City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 9 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 WSDOT /FLJV would provide hotel vouchers if earplugs and white noise machines are not sufficient, as requested by effected residents. l. Requirements for written verification that all workers understand the noise variance conditions for the project; WSDOT /FLJV would provide written verification prior to the first night time activity associated with this variance. In addition, WSDOT/FLJV would provide the City with an attendance sheet of workers that would participate in the night work. m. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated; Upon confirmation of the complaint or noise code violation, WSDOT is requesting that the City of Renton notify WSDOT by email or call within 24 hours of the violation occurrence. WSDOT /FLJV understand that the City may revoke the variance if conditions are violated. According to the applicant’s noise study submitted with the application, the applicant would utilize a number of mitigation measures and monitoring techniques in order to help limit impacts on EDNA properties along the I-405 project corridor. For example, all alarms for back-up beepers for equipment would operate under OSHA, L&I rules and regulations, WAC, and RCW laws. In addition, see above under subsection ‘b’ for discussion for existing noise mitigation factors already in place. The applicant has proposed effective mitigation measures that would limit the impacts on the EDNA properties. In order to ensure that complaints or issues submitted by residents are adequately addressed, the contractor along with WSDOT would work on alternative mitigation measures to stop the disruption. Staff recommends, as a condition of approval, that the applicant and the Design Build Contractor implement the noise mitigation measures (listed above) for granting a variance to diminish or eliminate noise during the Renton to Bellevue Express Toll Lanes Project. A summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within one week of receiving the complaint. In addition, staff recommends, as a condition of approval, that the applicant post night time work on the WSDOT Web/Internet site so residents have digital access to information that the City of Renton might see as appropriate.  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: According to the applicant, I-405 is a major part of the transportation system of the Puget Sound area and the night work proposed is necessary to complete its funded improvement authorized by the State Legislature. WSDOT contends that the night time work would not cause impacts to the public safety, health and welfare and no harm would be suffered by the residences or properties due to the temporary increase over the 47 dBA permitted under the City of Renton Code. Staff concurs with the applicant that the I-405 Renton to Bellevue Express Toll Lanes Project is necessary to address capacity and mobility improvements to the public and users, as funded and authorized by the State Legislature. The project benefits outweigh the limited-term noise impacts to residents and property owners and the applicant has City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA20-000147, V-H Report of August 18, 2020 Page 10 of 10 SR_WSDOT-FLJV_Noise_Variance_200818_v1 I. CONCLUSIONS: 1. The applicant, Washington State Department of Transportation (WSDOT), requested a noise variance in order to exceed the night time dBA limits for all EDNA properties along the I-405 project corridor with Renton City Limits. 2. The proposed noise variance meets the seven (7) criteria to be considered in making a decision on a variance request as specified by RMC 8-7-8.D, if all conditions of approval are met. The analysis of the proposal according to noise variance criteria is found in the body of the Staff Report, see FOF 9. J. RECOMMENDATION: Staff recommends approval of the I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance, File No. LUA20-000147, V-H, as depicted in the Site Plan (Exhibit 2), subject to the following conditions: 1. The Applicant and the Design Build Contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the Renton to Bellevue Express Toll Lanes Project, as described in the project narrative (Exhibit 7). A summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within one week of receiving the complaint. 2. The applicant shall post night time work on the WSDOT Web/Internet site so residents have digital access to information that the City of Renton might see as appropriate. identified specific project measures to be implemented to reduce or eliminate excessive noise.  f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: The applicant contends that reconstruction of existing highway structures, to adapt to more current design that meets the City plans, is a challenge because construction has to occur at locations where longtime residents live. Furthermore, if the work occurs during the day time there are additional impacts, such as extending the life of the project and affecting the public for longer periods of time. The applicant further contends that working at night would allow WSDOT to expedite the construction. To mitigate those impacts from night work WSDOT has been working and would continue to work with City of Renton staff and the community to minimize project impacts. No alternative locations are possible.  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 61 to 98 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 83 dBA at a distance of 300 feet from the source of the noise. The applicant is requesting a total range of 500 to 600 non- consecutive nights including some contingency. Furthermore, WSDOT contends that noise levels would not be concentrated at one location for more than two (2) weeks at a time.