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HomeMy WebLinkAboutJ_Noise_Variance_Request_211116_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 9 | Published: 3/10/2020 Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 Website: rentonwa.gov Public Hearing Noise Variance More than (2) two days Published: 3/10/2020 TIME FRAME: If the duration of the Noise Variance is two (2) days or more the applicant must apply for a Public Hearing Noise Variance RMC 8-7-8 and RMC 4-8-090.E. If the duration of the noise variance is for two (2) days or less, the applicant must apply for an Administrative Noise Variance, which can be downloaded from our website. When is a Noise Variance Required? A noise variance is required in order to exceed the maximum permissible sound levels established in Renton Municipal Code 8-7 which references to WAC 173-60-020, WAC 173-60-040, WAC 173-60-050, and WAC 173-60-090. Per WAC 173-60-050, sounds originating from temporary construction sites as a result of construction activity shall be exempt from the provisions of WAC 173-60-040, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m. 1 1. Residential zones, which shall include Reserve Conservation (RC), Residential – 1 (R-1), Residential – 4 (R-4), Residential – 6 (R-6), Residential – 8 (R-8), Residential – 10 (R-10), Residential – 14 (R-14), Residential Multi-Family (RMF), and Residential Manufactured Home (RMH), are classified as Class A EDNA. The PUBLIC HEARING review and decision process is summarized on the flow chart below: Note: The established timelines do not account for unintended findings, modification requests and review time, or omissions which may delay the review process. Timeline for any appeal to the City Council is not reflected below. Applicant Responsibilities City Responsibilities City Held Meetings Step 1 Schedule Pre- Screen Meeting Step 2 Pre-Screen Meeting Held Step 3 Schedule Intake Meeting Step 4 Intake Meeting Held Step 5 Complete Application Step 6 City Review and Comment Period Step 7 Public Hearing Held Step 10 Appeal Period Step 8 Public Hearing Decision NOISE VARIANCE FOR MORE THAN TWO (2) DAYS (PUBLIC HEARING) Page 2 of 9 | Published: 3/10/2020 PROCEDURES Step 1: Schedule Pre-Screen Prior to submitting an application, the Applicant shall informally discuss the proposed noise variance with the Planning Division. Please schedule a pre-screen meeting prior to submitting your application. Step 2: Pre-Screen Meeting Staff will provide assistance and detailed information on the City’s requirements and standards. Applicants may also take this opportunity to request the waiver of the City’s typical application submittal requirements, which may not be applicable to the specific proposal. Step 3: Schedule Intake Meeting The initial submittal for the Noise Variance will require scheduling an Intake Meeting by contacting the Planning Division. Step 4: Intake Meeting At the Intake Meeting, the Project Manager will use the Intake Checklist to confirm that all required plans and documents are complete. Applicants are required to bring in a USB (flash/hard) drive with one PDF file of the application package for informal review by staff. Please allow approximately 45 minutes for the meeting. If the submittal is deemed complete, then the fees are to be paid prior to the City accepting the submittal for review. Note: If the City determines the Applicant has not provided a complete submittal the Applicant will be required to schedule a new intake meeting after all items have been addressed. Step 5: Complete Application Upon completion of a successful and complete intake, the City shall review the submitted materials and shall send a complete application letter to the applicant in the time frame as per RMC 4-8-080.E. Step 6: Applicant Mails and Posts Notice Once the City has accepted the project then City staff will provide a notice of application document and a list of addresses to the Applicant. The Applicant shall be required to: . 1) post three (3) notices of application (8.5”x 14”) at or near the subject site (after prior approval from City of the posting locations), 2) obtain and install a minimum of one public information sign on the site with the project information, and 3) mail notice of application to property owners/residents within 300 feet of the project site after prior approval of the City. Step 7: City Review and Comment Period The proposal will be routed to City departments. The reviewers have two (2) weeks to return their comments to the Planning Division. During this time the public will have fourteen (14) days to comment on this application and become a party of record which means they have requested to be kept informed on any decision made regarding that specific project. After review of the proposal and any staff or public comments, the Planning Division staff will forward a report and recommendation to the Hearing Examiner a week prior to the hearing. Step 8: Public Hearing Notice of the Public Hearing will be published in the Renton Reporter by City staff at least 10 days prior to the hearing. • A display board and project maps may be displayed by the applicant at the hearing, it is solely encouraged but not required. Step 8: Public Hearing Decision The Hearing Examiner will review the noise variance request and issue a final decision within 14 days of the hearing unless, at the time of the Public Hearing, the Hearing Examiner indicates additional time will be required for issuance of the decision. The decision to approve, conditionally approve, or deny the proposal will be mailed to all persons listed on the Master Application and all parties of record. Step 9: Appeal Period Public Hearing decisions are subject to a fourteen (14) day appeal period following a decision. Any appeal shall be made to the City Council. Therefore, work shall only begin after the completion of the appeal period following the noise variance approval. PUBLIC HEARING NOISE VARIANCE PROCESS AND REQUIREMENTS (CONT ’D) Page 3 of 9 | Published: 3/10/2020 INTAKE CHECKLIST Use the following checklist as a guide to prepare the permit submittal package. The applicant should contact the assigned City Project Manager if there are any questions regarding submittal requirements. Marking an item as “Not Applicable” or “N/A”, without acceptable justification, may result in the submittal being rejected at Intake. Submittal Items, as applicable Included N/A All Checklists/Studies/Reports Required Unless Waived by City Staff _____ Land Use Permit Application No waived items Waiver Form _____ Fees _____ Project Narrative See attached sheet. _____ Variance Request Justification Please provide a written statement separately addressing and justifying each of the issues to be considered by the City. The burden of proof as to the appropriateness of the application lies with the applicant. In order to approve a variance request, the Reviewing Official must find ALL the following conditions exist. See attached sheet. PSE Easement copies provided Plat Certificate or Title Report Please provide a current Plat Certificate or Title Report obtained from a title company documenting ownership and listing all encumbrances of the involved parcel(s). The Title Report should include all parcels being developed, but no parcels that are not part of the development. If the Plat Certificate or Title Report references any recorded documents (i.e. easements, dedications, covenants), the referenced recorded document(s) must also be provided. All easements referenced in the Plat Certificate must be located, identified by type and recording number, and dimensioned on the Site Plan. _____ Neighborhood Detail Map Please provide a map drawn at a scale of 1" = 100' or 1" = 200' (or other scale approved by the Planning Division) to be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject site relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, lot lines of surrounding properties within a minimum distance of three (300’) feet from the site, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. Please ensure all information fits on a single map sheet. which shows properties within a minimum distance of 300 feet from the site _____ Site Plan/Project Plan Please provide a fully-dimensioned plan sheet drawn at a scale of 1"=20' (or other scale approved by the Planning Division). We prefer the site plan be drawn on one sheet of paper unless the size of the site requires several plan sheets to be used. If you are using more than a single plan sheet, please indicate connecting points on each sheet. The Site Plan should show the following: • Name of proposed project; • Date, scale, and north arrow (oriented to the top of the paper/plan sheet); • Drawing of the subject property with all property lines dimensioned and names of adjacent streets; • Widths of all adjacent streets and alleys; NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 4 of 9 | Published: 3/10/2020 • Location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage; • Location and dimensions of existing and proposed: 1. structures 2. parking, off-street loading space, curb cuts and aisle ways 3. fencing and retaining walls 4. free-standing signs and lighting fixtures 5. refuse and recycling areas 6. utility junction boxes and public utility transformers 7. storage areas and job shacks/sales trailers/model homes • Setbacks of all proposed buildings from property lines; • Location and dimensions of all easements referenced in the title report with the recording number and type of easement (e.g. access, sewer, etc.) indicated; • Location and dimensions of natural features such as streams, lakes, required buffer areas, open spaces, and wetlands; and • Ordinary high water mark and distance to closest area of work for any project located within 200-feet from a lake or stream. _____ Utilities/Construction Plan, Generalized (sewer, water, stormwater, transportation improvements) Please provide a plan drawn on 22" x 34" plan sheets using a graphic scale of 1" = 40' (or ot her size or scale approved by the Planning Division) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, free-standing lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall also be shown. _____ Colored Maps for Display (Optional) You may choose to provide a colored version of each plan sheet for use in presenti ng the project to the Hearing Examiner at the Public Hearing: Neighborhood Detail Map Site Plan NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 5 of 9 | Published: 3/10/2020 PROJECT NARRATIVE Please respond to these criteria; use a separate sheet if needed. 1. Project name (no changes shall be made after acceptance of application submittal) Puget Sound Energy, Energize Eastside 2. The nature, source, intensity and location of the sound/project limits. (no changes shall be made after acceptance of application submittal) The Energize Eastside Project (project) includes upgrading of 4 miles of two existing 115 kV transmission lines within the City of Renton with two 230 kV transmission lines beginning at the Talbot Hill substation, continuing north along the existing Puget Sound Energy (PSE) transmission line corridor to the northern City limits. The upgrade is located entirely within PSE’s existing 100-foot electrical transmission utility corridor. A Conditional Use Permit (LUA18-000055) and Shoreline Exemption (LUA18- 000055, CU-H, SME) have been obtained for the project. Construction associated with this project began in Renton in September 2021. PSE is coordinating with the Washington State Department of Transportation (WSDOT) for rolling slowdowns necessary for work across State Route (SR) 169/Renton-Maple Valley Road. As part of that anticipated approval, working hours for required rolling slo wdowns on SR-169 will be restricted to nighttime hours as set forth by WSDOT to limit daytime traffic impacts along SR-169 and other highways in the area. See enclosed Neighborhood Detail Map 1 and 2 for location of the work area subject to this noise variance application. For construction work anticipated for this project, the three loudest pieces of equipment would include a compactor (83 decibels [dB]), a dozer (82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase of decibel addition for this equipment, the combined noise output is anticipated to reach up to 87 dB should these three pieces of equipment be in use simultaneously; equipment use and associated noise would be episodic during nighttime work. Given the typically urban and developed conditions in and around the project area, background noise levels reach approximately 65 dBA during the daytime and may fall between 40 and 50 dBA during nighttime hours 1. Per Washington Administrative Code (WAC) 173-60- 050, sounds originating from temporary construction sites as a result of construction activity shall be exempt from the provisions of WAC 173-60-040, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m. At locations with Class A EDNA receivers, the nighttime maximum noise level is 50 dBA per WAC 173-60-040. As shown on Figure 1, noise would attenuate to a 50 dBA noise level at approximately 3,540 feet (approximately 0.67 mile) from the boundaries of the project area at the SR-169 crossing location. 3. Description of work Construction activities at this location include installation of the conductor, shield wire, and communication fiber on the transmission line support structures (also referred to as “stringing”). The first step of wire stringing would be to install insulators (if not already installed on the structures during ground ass embly) and stringing pulleys, which are temporarily attached to the lower portion of the insulators at each transmission line suppo rt structure to allow conductors to be pulled along the line. When an existing transmission line is being replaced, the new pole s will be installed, and the existing wires could be transferred to them from the existing poles that will be removed. This is done so that the existing conductor can be used to pull in the new conductor in a more efficient manner. In some instances, where the existing conductor is not suitable to pull in the new wire, a rope (called a sock line) may be used. 1 City of Bellevue. 2016. Energize Eastside Project, Phase 1 Draft Environmental Impact Statement. Chapter 9 Noise (pg. 9-14). January. NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 6 of 9 | Published: 3/10/2020 Once the existing conductors have been transferred to the stringing sheaves, they would be attached to the new conductors and used to pull them through the sheaves into their final location. Pulling the lines may be accomplished by attaching them to a specialized wire stringing vehicle. Following the initial stringing operation, pulling, and sagging of the line would be required to achieve the correct tension of the transmission lines between support structures. After the new lines have been set, the existing poles and old conductors are then removed. Where a sock line is needed, workers would need to carry the line from pole to pole, requiring access to properties between poles. Finally, the tension and sag of conductors and wires would be fine -tuned, stringing sheaves would be removed, and the conductors would be permanently attached to the insulators at the support structures. Wilson Construction Company, the Contractor awarded the contract for the project, will perform the work. Work is proposed for 4 to 5 nights per week for approximately 10 weeks of consecutive (or non-consecutive) nighttime work over a period from February 1, 2022 to June 1, 2022. The proposed nighttime work is within PSE’s existing easement near R-6, R-10, and R-14 zoned properties (see enclosed Neighborhood Detail Map 1 and 2). Residents may hear construction sounds, which will be diminished by topography, existing vegetation, and distance from project activities. Nighttime work will shorten the overall duration of the project, which would be an overall benefit. The project work areas on either side of the Cedar River/SR-169 are approximately 120 feet away from the closest residences and likely would have minimal noise impacts to the residences due to distance and topography, in cluding dense vegetation. 4. The equipment and vehicles used for the work (please provide a table of the equipment to be used with its appropriate decibels) The following equipment are proposed for the work. Equipment Description Average Noise Level (dB) at 50 feet from point source Compactor (ground) 83 Dozer 82 Excavator 81 Pump 81 Crane 81 Generator 81 Drill Rig 80 Backhoe 78 Dump Truck 76 Man Lift 75 Pickup Truck 75 Source: U.S. Department of Transportation, Federal Highway Administration (FHWA). 2006. Construction Noise Handbook. Final Report, August. 5. Proposed Noise Mitigating Measures the applicant will implement to minimize the sound level violations The following mitigation measures are proposed: a) Provide a PSE/Contractor complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 7 of 9 | Published: 3/10/2020 b) Contractor will limit noise levels to the greatest extent practicable, and noise levels will not exceed those described in this noise variance application. c) Contractor will use equipment as described in this noise variance application. d) Care will be taken not to bang tail gates while unloading material from truck beds. e) Contractor will avoid parking and idling vehicles and equipment next to residences to the extent possible. 6. Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. None. 7. The hours during the day and/or night the noise will occur Anticipated working hours of 10 p.m. to 7 a.m. are proposed for this noise variance request. 8. The number of days and/or nights the noise will occur (no changes shall be made after acceptance of application submittal) Work is proposed for 4 to 5 nights per week for approximately 10 weeks of consecutive (or non-consecutive) nighttime work for this noise variance request. 9. The ambient sound level during the time of day or night for whi ch the variance is being sought The ambient sound level during the daytime in the project area is 65 dBA; nighttime noise limits are estimated at 40-50 dBA. 10. The time period (include start date and end date) for which the variance is requested (no changes shall be made after acceptance of application submittal) A start date of February 1, 2022 and end date of June 1, 2022 are proposed for this noise variance request. Within that time period, work under this noise variance request is anticipated to occur for 4 to 5 nights per week for approximately 10 weeks of consecutive (or non-consecutive) nighttime work. 11. The reason for which the noise violation cannot be avoided, i.e. why work cannot be performed within allowed times PSE is coordinating with WSDOT for rolling slowdowns and other approvals necessary for work across SR-169/Renton-Maple Valley Road. As part of that permit, working hours for required rolling slowdowns on SR-169 would be restricted to nighttime hours as set forth by WSDOT to limit daytime traffic impacts along SR-169 and other highways in the area. WSDOT would not permit daytime rolling slowdowns on SR 169 due to anticipated congestion on the highway and adjacent City roads. 12. Mitigating conditions the applicant will implement to minimize the sound level violations The following mitigation measures are proposed: a) Provide a PSE/ Contractor complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 8 of 9 | Published: 3/10/2020 b) Contractor will limit noise levels to the greatest extent practicable, and noise levels will not exceed those described in this noise variance application. c) Contractor will use equipment as described in this noise variance application. d) Care will be taken not to bang tail gates while unloading material from truck beds. e) Contractor will avoid parking and idling vehicles and equipment next to residences to the extent possible. VARIANCE REQUEST JUSTIFICATION The Hearing Examiner will base a decision on the specific variance criteria shown below. Please respond to these criteria; use a separate sheet if needed. 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 depr ive the subject property owner or applicant of rights and privileges enjoyed by others; This variance is necessary to avoid daytime rolling slowdowns on SR-169 that would cause significant traffic congestion that would likely spill over onto City streets. Additionally, WSDOT would not permit daytime rolling slowdowns on SR-169 that have potential to impact traffic congestion on this and area highways. The project occurs within PSE’s existing transmission line corridor which incudes an aerial crossing of S R-169; no alternative locations are possible. Strict application of the City’s noise regulations would deprive PSE of the ability to construct this project in a manner that is compatible with the interests of the surrounding community. 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. Noise impacts are mitigated to the extent reasonably practicable under the circumstances and would be of relatively short duration with regards to overall project construction. Therefore 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. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. Proposed work must be done at night due to WSDOT permit requirements associated with necessary rolling slowdowns and to avoid significant congestion impacts during the day on both SR-169 and City streets. Night work will be limited to only that which is necessary due to stipulations in the WSDOT permit. 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: • Implementation of a noise monitoring program; • Maximum noise levels; • Limitation on types of equipment and use of particular equipment; • Limitation on back-up beepers for equipment; • Required use of noise shields or barriers; NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 9 of 9 | Published: 3/10/2020 Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and regulations, whether or not described in this document. • Restrictions to specific times and days; • Specific requirements for documentation of compliance with the noise variance conditions; • Specific requirements for notification to nearby residents; • Required cash security to pay for inspection services to verify compliance; • Required access to the project by the City to verify compliance with the noise variance conditions; • Specific program to allow for temporary hotel vouchers to effected residents; • Requirements for written verification that all workers understand the noise variance conditions for the project; and • Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. PSE/Contractor would comply with above conditions as adopted by the noise variance request. Please note that the following mitigation measures are not feasible or possible for this project: bullet #4 to limit back -up beepers for equipment (must be allowed for safety), and bullet #5 noise shields/barriers which do not appear to be warranted. 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 res idents or property owners receiving the increased noise permitted under this variance. The need for the variance is critical to helping PSE alleviate congestion in a significant transportation corridor (SR -169) and potential impacts onto City streets. Noise impacts to affected residences are temporary and cannot be avoided given the need for the project and restrictions on work imposed by WSDOT. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the n oise. There is no alternative location as PSE’s existing transmission corridor includes an aerial crossing of SR-169 and is located within residential areas of the City. Rolling slowdowns, which are necessary for overhead line removal and installations, would not be permitted by WSDOT during daylight hours due to congestion and traffic impacts. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. For construction work anticipated for this project, the three loudest pieces of equipment would include a compactor (83 decibels [dB]), a dozer (82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase of decibel addition for this equipment, the combined noise output is anticipated to reach up to 87 dB should these three pieces of equipment be in use simultaneously. At locations with Class A EDNA receivers, the nighttime maximum noise level is 50 dBA per WAC 173 - 60-040. Noise levels between 70-90 dB (such that occur from a noisy restaurant, freeway traffic, hair dryer, or City traffic) can cause annoyance to people but are well below the threshold of pain (120-140 dB)2. Work is anticipated to be completed between February 1, 2022 to June 1, 2022, allowing for a quicker work period as opposed to daytime work which would limit potential impacts to nearby residences, the closest of which are approximately 120 feet from project working areas. 2 WSDOT. 2020. Biological Assessment Preparation Manual, Chapter 7.0 Construction Noise Impact Assessment, August.