HomeMy WebLinkAboutSR_I-405_BRT_Noise_Variance_210930_v1DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_I-405_BRT_Noise_Variance_210930_v1
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: September 30, 2021
Project File Number: PR21-000351
Project Name: I-405 Bus Rapid Transit - Site Investigation
Land Use File Number: LUA21-000341, V-A
Project Manager: Clark Close, Senior Planner
Owners: WSDOT and City of Renton, SR 167 and S Grady Way, Renton, WA 98057
Applicant/Contact: Leyla Karaman, Sound Transit, 401 S Jackson St, Seattle, WA 98104
Project Location: Geotechnical Boring and Utility Potholing at SR 167 and S Grady Way (between SR
167 Milepost 26.38 and 26.53)
Project Summary: Sound Transit is requesting an administrative noise variance from RMC 8-7-2 (Noise
Level Regulations, Maximum Environmental Noise Levels) for site investigative work
to support the design of the I-405 Bus Rapid Transit (BRT) project. Site investigative
work is planned near the intersection of SR 167/Rainier Ave S and S Grady Way.
Potholes would be roughly 12” in diameter and 3 to 6 feet deep and boreholes would
be approximately 6” in diameter and would reach a target depth of approximately 10
feet below ground surface. Appropriate best management practices (BMPs) for
erosion and sediment control would be in place prior to the start of work. 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). The noise
variance is being requested between the hours of 8:00 pm to 5:00 am and 10:00 pm
to 4:00 am for two consecutive nights (Sunday – Thursday) to consolidate the
duration of work. According to City of Renton (COR) Maps, the work would be
performed in the Downtown Wellhead Protection Area Zone 2 and high seismic
hazard area. No trees would be removed as part of the site investigations.
Lind Ave SW S Renton Village Pl
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City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 2 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Variance Request Justification
Exhibit 4: Traffic Control Plans
Exhibit 5: Example of Sound Transit’s Public Notice
Exhibit 6: Equipment List
Exhibit 7: Notice of Application
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
September 8, 2021 and determined the application complete on September 10, 2021. 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 2-6).
3. The project site is located near the intersection of SR 167/Rainier Ave S and S Grady Way (Exhibit 2).
4. The project site is currently developed as Interstate 405 limited access right-of-way and City of Renton
right-of-way.
5. Access to the site would be provided via northbound travel lanes of SR 167 and Rainier Ave S.
6. The site is mapped with high seismic hazard area and is within the Downtown Wellhead Protection Area
Zone 2.
7. The applicant is proposing to begin site investigative work and field activities as soon as possible. Once
work beings the applicant has requested to complete the work in two (2) nights between the collective
hours of 8:00 p.m. and 5:00 a.m., Sunday through Thursday.
8. No public or agency comments were received.
9. 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.
10. 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:
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097
City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 3 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
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 and SR 167 serve 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 to the transportation corridor
negatively and would affect the City of Renton arterials and local street. The applicant
contends that work for this project be done at night due to the existing traffic volumes,
roadway capacity and geometry, and WSDOT’s safety requirements for the
maintenance of operation of the I-405 corridor.
The applicant maintains that 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 and SR 167 interchange. The
type of equipment used to complete the pavement borings and utility potholes (such as
core drill, vacuum truck, truck mounted drill rig, and auto-sampling hammer) would
generate noise that would exceed the allowed noise level limits. However, the noise
levels (sound pressure levels) attenuate in accordance with an inverse square law when
considered to be emanating from a point source. The maximum noise levels projected
for the utility potholing work, based on the use of the vacuum truck, is estimated to be
70-80 decibels (dBA) at the work location, decreasing with distance to 60-70 dBA at a
50-foot distance, 55-63 dBA at a 100-foot distance (Exhibit 3). The I-405 and SR 167
traffic noise are anticipated to be prevalent over the noise emanating from the
equipment used to complete the site investigation work. As a result, residents who are
located behind existing noise walls would perceive the I-405 traffic noise levels as
background noise, estimated at approximately 70 to 80 dBA, above the noise generated
by the geotechnical investigation work.
Staff concurs with the applicant that the location of the work within SR 167 and Rainier
Ave S is a heavily traveled 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)
pavement borings and six (6) utility potholes.
Compliant if
Condition of
Approval is
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 work is
one of the few means to minimize the impact to traffic congestion and safety for all
roadway users. The applicant states that nearby persons residing at the Red Lion Hotel
would be impacted to the minimum extent feasible for a duration of up to two (2) nights.
The applicant maintains that based on the minimal and temporary nature of impacts
the proposed night work would not be materially detrimental to public health, welfare
or safety, or result in an impact to the property or other improvement in the vicinity of
the location for which the variance is sought. By performing site investigative work,
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097
City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 4 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
Sound Transit is working to obtain additional information about existing conditions to
inform design and help plan for construction of the I-405 Bus Rapid Transit (BRT) project.
Within a 300-foot radius where the site investigation work would occur there are
sensitive receivers. The maximum noise levels projected for this night work, based on
the use of auto sampling hammer and vacuum truck, are estimated to be 115 to 120
dBA at the work location, decreasing to 90 to 100 dBA at a distance of 50 feet from the
work location, and further decibel level decreases to 80 to 100 dBA at a distance of 100
feet from the work location.
Per RMC 8-7-8, the applicant is proposing to notify the residences living within a 300
feet radius of the I-405 Bus Rapid Transit site investigation work by mail at least 10 days
prior to the night work commencement (Exhibit 3). This notification would include the
type of work, as well as Sound Transit’s BRT phone number and email to request more
information or to file complaints related to work activities. Staff mailed a notice to
residents within 300 feet of the project locations (Exhibit 7). The applicant has proposed
other effective mitigation measures in advance of the work activities, as follows:
• Sound Transit engagement would follow all code requirements for partner
jurisdictions.
• Sound Transit would deliver notifications to any residential or commercial
properties within 500 feet of the surrounding work.
• Sound Transit notifications include date, time, duration of work, activity
description, Sound Transit contact information and are delivered 72 hours prior
to the start of work.
• Response to any notified resident if during the notification process the residents
requires special accommodations.
• Hold daily site briefings to inform and remind staff of the conditions under
which this variance was granted.
• Core utility potholes through the asphalt/concrete to limit the noise impact.
• If complaints are received, crews would implement night time noise monitoring.
• If complaints are received, work would halt until noise attenuation barriers are
installed around the drill site.
• Provide an after-hours construction hotline to address issues or complaints.
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.
Compliant if
Condition of
Approval is
Met
c. That the variance sought is the minimum variance which will accomplish the
desired purpose.
Staff Comment: The requested administrative variance would allow Sound Transit to
complete the necessary fieldwork for the project in the minimum number of
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097
City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 5 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
hours/nights needed. Site investigative work and field activities would include the
following: (1) marking the proposed explorations for utility locating purposes; (2)
implementing the traffic control plan; (3) completing soil sampling at two locations,
drainage testing and utility potholing at six locations; and (4) collecting soil samples for
laboratory analysis. The potholing would be performed using truck-mounted vacuum
equipment that uses a high-velocity air stream to penetrate, expand, and break up soil.
The applicant is proposing to core the potholes rather than jack hammer to accomplish
the work and minimize the noise impact. Noise levels created for the work are
anticipated to those generated from the interstate. The loosened chunks of soil and rock
would be removed from the hole through the vacuum to reveal the buried utility. Each
pothole would be backfilled with the removed soil, compacted, and capped with asphalt
or material consistent with the surrounding area. The driller would use best practices to
contain suspected contaminants if encountered and the drill rig would be
decontaminated between borings. After the boring reaches the target depth, the
boreholes would be abandoned in accordance with Washington State Department of
Ecology requirements and cuttings at the surface would be removed. Surface
restoration for boreholes in paved areas would consist of filling the borehole with
bentonite chips to the base of the pavement section and then matching the existing
pavement thickness with cold patch.
The work time frame proposed is scheduled to start as soon as notification requirements
can be made and pending the executed WSDOT General Permit. The applicant is
requesting Sunday through Thursday work window to complete the pavement borings
and utility potholing site investigations. 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 site
investigation work to support the design of the I-405 Bus Rapid Transit (BRT) project
provided the applicant submits the Traffic Control Plan to Transportation Systems
Division TCP@rentonwa.gov prior to the start of construction.
Compliant if
Condition of
Approval is
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;
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097
City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 6 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
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 (2)
consecutive nights to complete the site investigation work. 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. Sound Transit is proposing to document
compliance with the noise variance conditions, see variance analysis above under
subsection ‘b’ for proposed mitigation measures that would be implemented and
tracked as part of the site investigation work. In order to maintain the highest level of
mitigation, staff recommends as a condition of approval that the applicant implement
the proposed mitigation measures to diminish or eliminate noise during night work.
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 borings and potholing work would take place is
located near the intersection of SR 167/Rainier Ave S and S Grady Way. The noise
impacts resulting from the limited site investigation work area in the Downtown
Wellhead Protection Area Zone 2 and high seismic hazard area would be minimal and
temporary in nature. According to the applicant, the I-405 BRT project (future South
Renton Transit Center) would provide frequent and reliable high-capacity transit service
to the region and would benefit the residents impact by the proposed noise variance.
The applicant has identified mitigation measures to reduce or eliminate nighttime noise.
See analysis above under subsections ‘b’ and ‘d’.
✓
f. The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
Staff Comment: Pavement boring and utility pothole locations for site investigation is
require to inform roadway improvements design associated with the I-405 BRT project.
No alternative locations are possible for site specific investigation night work that would
be used to complete the I-405 project design.
✓
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: According to the applicant, the maximum noise levels projected for this
work, based on the use of auto sampling hammer for pavement boring work, and
vacuum truck, are estimated to be 115 to 120 dBA at the work location, 90 to 100
decibels at a distance of 50 feet from the source, and 80 to 100 decibels at a distance
of 100 feet from the source of the noise. Per the WAC 173-60-040, maximum permissible
environmental noise levels, the noise limitations for a Class A EDNA receiving property
(hotel) from a Class C source (right-of-way) is 60 dBA. Between the hours of 10:00pm
and 7:00am, the noise limitations are further reduced by 10 dBA for Class A EDNA
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097
City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 7 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
receiving properties; therefore, the permissible noise level of 50dBA would be exceeded
by the maximum noise level estimates projected for the site investigation work for a
limited period. As a result, the applicant is requesting a noise variance is for a total of
two (2) nights to complete two (2) pavement borings and six (6) utility potholes.
E. CONCLUSIONS:
1. The subject site is located near the intersection of SR 167/Rainier Ave S and S Grady Way.
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, Sound Transit, requested a noise variance in order to exceed the night time dBA limits for
EDNA Class A property located at the southeast intersection of S Grady Way and Rainier Ave S.
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 10.
F. DECISION:
The I-405 Bus Rapid Transit - Site Investigation, File No. LUA21-000341, 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. Additional mitigation measures to diminish or eliminate noise during construction are to be
provided by the applicant as necessary.
3. The applicant shall submit the Traffic Control Plan to Transportation Systems Division
TCP@rentonwa.gov prior to the start of construction.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Vanessa Dolbee, Planning Director Date
TRANSMITTED on September 30, 2021 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
Washington State Department of Transportation
310 Maple Park Avenue SE
P.O. Box 47300
Olympia, WA 98504
Leyla Karaman
Sound Transit
401 S Jackson St
Seattle, WA 98104
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097
9/30/2021 | 4:09 PM PDT
City of Renton Department of Community & Economic Development
I-405 Bus Rapid Transit - Site Investigation
Administrative Report & Decision
LUA21-000341, V-A
Report of September 30, 2021 Page 8 of 8
SR_I-405_BRT_Noise_Variance_210930_v1
TRANSMITTED on September 30, 2021 to the Parties of Record:
Roy Ballestrasse
31918 SE 44th St
Fall City, WA 98024
TRANSMITTED on September 30, 2021 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property & Technical Services Manager
Matt Herrera, Current Planning Manager
Anjela Barton, 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 October 14, 2021. An appeal of the decision must be filed within the 14-
day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are
governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the
City Clerk’s Office, cityclerk@rentonwa.gov.
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
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: 2E231420-43C5-495E-9C18-380F6EB76097
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
I-405 Bus Rapid Transit - Site Investigation
Land Use File Number:
LUA21-000341, V-A
Date of Report
September 30, 2021
Staff Contact
Clark Close
Senior Planner
Project Contact
Leyla Karaman
Sound Transit
401 S Jackson St, Seattle,
WA 98104
Project Location
Geotechnical Boring and Utility
Potholing at SR 167 and S
Grady Way (between SR 167
Milepost 26.38 and 26.53)
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Variance Request Justification
Exhibit 4: Traffic Control Plans
Exhibit 5: Example of Sound Transit’s Public Notice
Exhibit 6: Equipment List
Exhibit 7: Notice of Application
DocuSign Envelope ID: 2E231420-43C5-495E-9C18-380F6EB76097