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HomeMy WebLinkAboutWSDOT NOISE VARIANCE HEX REPORTDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT WSDOT NOISE VARIANCE HEX REPORT PRELIMINARY REPORT TO THE HEARING EXAMINER REPORT A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: January 13, 2016 Project Name: SR 167 North Bound Lanes, Pavement Rehabilitation Project Number: LUA15-000437, V Project Manager: Vicki Grover, Civil Engineer III Owner: Washington State Department of Transportation Applicant: Laura Musso Escude, NW Regions Environmental Office, PO Box 330310, Seattle, WA 98133-9710 Contact: Same as Applicant; 206-440-4554 Project Summary: Washington State Department of Transportation (WSDOT) requests a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night in areas with residential uses. The construction work would occur during 20 non-consecutive nights from April 1, 2016 to December 31, 2017. The project is located along State Route 167 northbound lanes, between Mile Post 24.41 to Mile Post 24.80. The portion of the project located within the City of Renton limits includes work and improvements within the State Right of Way limits only. Noise levels resulting from project construction activities will generate peak noise levels of 68 to 84 dBA as perceived at a distance of 50 feet from within WSDOT’s property lines. 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). Project Location: WSDOT SR 167, Milepost 24.41 to Milepost 24.80 Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A Site Area: 2,200 Lineal Feet Total Building Area GSF: N/A City of Renton Department of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT REHABILITATION LUA15-000437, V-H LUA15-000437, V Report of January 13, 2016 Page 2 of 6 WSDOT NOISE VARIANCE HEX REPORT B. PROJECT DESCRIPTION/BACKGROUND: Washington State Department of Transportation (WSDOT) requests a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night in areas with residential uses. The construction work will occur during 20 non-consecutive nights from April 1, 2016 to December 31, 2017. The project would consist of planning asphalt lanes, some pavement repair, and placement of new asphalt, pavement marking and installation of traffic loops. Construction equipment used during the nighttime operations will include, but is not limited to: dump trucks, flatbed trucks, generators, portable lighting (light plants), paving machines, planning grinders, compaction rollers & hand compactors, air compressors, sweepers, cement mixer trucks, painting vehicles and saw cutters for asphalt. Noise levels resulting from project construction activities will generate peak noise levels of 68 to 84 dBA as perceived at a distance of 50 feet from the WSDOT property lines. When feasible, temporary noise shields will be placed around construction equipment. In addition, the proponent proposes to implement other measures to mitigate noise impacts. One-ton pick-up trucks will not be allowed to park or idle near residences. An after-hours noise complaint phone number will be provided to all residents affected by the project. Use of backup alarms will be minimized; and “approved” bed liners shall be installed into dump trucks to help mitigate the sound of material being placed into or dumped out of dump trucks. The project is located along State Route 167, northbound lanes between Mile Post 24.41 and Mile Post 24.80. The portion of the project that is within the City of Renton limits includes work and improvements within the State Right of Way limits only. The project also requires Street Use and detour permits. The project will include nighttime work where the zoning varies from residential to commercial zoning designations. 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). C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Letter of December 2, 2015 from WSDOT requesting the variance Exhibit 2: Aerial Photo, SR 167 North Bound Lanes Pavement Rehabilitation Exhibit 3: Table 2 – Types of equipment - Noise Levels (dBA) - Proposed Mitigation Measures Exhibit 4: Attachment 3 Operations & Equipment List Exhibit 5: Justification for the Noise Variance Request City of Renton Department of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT REHABILITATION LUA15-000437, V-H LUA15-000437, V Report of January 13, 2016 Page 3 of 6 WSDOT NOISE VARIANCE HEX REPORT D. FINDINGS: Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request: Variance from RMC 8-7-2 (Maximum Environmental Noise Levels) for work between 10:00 pm and 7:00 am over 20 non-consecutive nights from April 1, 2016 to December 31, 2017. 2. Variance: The proposal requires a public hearing with the Hearing Examiner. 3. Existing Land Uses: Single family residential, commercial, commercial office 4. Zoning: Commercial Arterial (CA), Commercial Office (CO), Residential – 6 Dwelling Units per Acre (R-6) E. CONSISTENCY WITH VARIANCE CRITERIA: Section 8-7-8.D. Lists 7 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Noise Variance application. These include the following: The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: 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. Staff Analysis: SR 167 is a heavily travelled State Route; the corridor carries approximately 120,000 vehicles per day. The existing pavement has reached the end of its useful life and is in need of repair/maintenance work. SR 167 serves as a main connector for motorists, mass transit as well as freight and commercial movements within the Puget Sound area. Nighttime work is proposed to minimize traffic congestion impacts to drivers, businesses, school buses and local commuters during daytime hours. Conducting the work at night will limit disruption to the transport of people goods and services and impacts to the City of Renton’s arterials and local streets. WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. Permitted noise levels will be exceeded during construction, in the area where the work is occurring. The type of equipment used to saw cut asphalt, grind pavement, compaction, and painting of pavement markings will generate noise that will exceed the allowed noise limits. 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. City of Renton Department of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT REHABILITATION LUA15-000437, V-H LUA15-000437, V Report of January 13, 2016 Page 4 of 6 WSDOT NOISE VARIANCE HEX REPORT Staff Analysis: Temporary nighttime construction is a powerful tool that allows WSDOT to lessen traffic congestion and limit disruption to highway users while maintaining the highway system. Noise levels from construction equipment diminish with distance; a 6 dBA noise level decreases with the doubling of the distance from the noise source. For example, a noise level of 70 dBA measured at 50 feet would be 64 dBA at 100 feet, 58 dBA at 200 feet and 52 dBA at 400 feet. Noise levels also decrease if an object interferes with the receiver’s line of sight to the noise source. For City residents the attenuation will depend on the relative elevation of the noise source and the receiver, and the height and location of the intervening object. The noise will occur during 20 non-consecutive nights over the course of 20 months. Noise levels projected for this project are estimated to range from 68 to 84 dBA heard at 50 feet. With distance, topography and proposed mitigation measures included in the assessment, WSDOT estimates that residences will notice the nighttime work but not as severe as without the proposed mitigation measures. The improvements to the roadway will ultimately increase public health, safety and welfare. Therefore, staff believes that the noise impacts would be of a limited duration and intensity, and would not be materially detrimental to the public health, welfare, or safety. Property and/or improvements in the area would not be unduly damaged as the work would be limited to the public right-of-way, and the noise generated would not damage property or improvements. If any noise complaints are received, the contractor and WSDOT will work on implementing alternative mitigation measures to stop the disruption. Staff posted and mailed a notice to residents within 300 feet of the project corridor. No comments have been received. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. Staff Analysis: The work will occur over 20 months on 20 non-consecutive nights. The work will impact a small portion of the north bound SR 167 lanes within the City of Renton, approximately 2,200 lineal feet. Mitigation measures are proposed by the applicant to diminish the impact on the surrounding area. Staff believes that the request is the minimum needed to accomplish the necessary reconstruction, repair, and maintenance. 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; City of Renton Department of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT REHABILITATION LUA15-000437, V-H LUA15-000437, V Report of January 13, 2016 Page 5 of 6 WSDOT NOISE VARIANCE HEX REPORT f. Implementation of “approved” bed liners in dump trucks; g. Restrictions to specific times and days; h. Specific requirements for documentation of compliance with the noise variance conditions; i. Specific requirements for notification to nearby residents; j. Required cash security to pay for inspection services to verify compliance; k. Required access to the project by the City to verify compliance with the noise variance conditions; l. Specific program to allow for temporary hotel vouchers to affected residents; m. Requirements for written verification that all workers understand the noise variance conditions for the project; and n. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Analysis: Noise shields will be used as directed by the engineer and when feasible. Back-up beepers will be ambient sensitive backup alarms, and truck tailgate banging will not be allowed and dump trucks will have “approved” bed liners. An after-hours noise complaint phone number staffed by WSDOT and/or their contractors will be provided. Staff recommends as a condition of approval that WSDOT provide the City’s project manager with the after-hours noise complaint phone number and a summary of any complaints and the response provided, within 5 days of receiving the complaint. In addition, staff recommends that the applicant provide notice to the City’s project manager of the date and areas of expected night work, a minimum of 24 hours in advance of the work. 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. Staff Analysis: Improvements to this heavily travelled state route outweigh the limited-term noise impacts to residents and property owners. The applicant has identified measures to be implemented to reduce or eliminate excessive noise. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Analysis: The work is for repair and improvement of the specific SR 167 north bound road corridor. No alternative locations are possible. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. City of Renton Department of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT REHABILITATION LUA15-000437, V-H LUA15-000437, V Report of January 13, 2016 Page 6 of 6 WSDOT NOISE VARIANCE HEX REPORT Staff Analysis: The work within the 2,200 lineal feet corridor will occur over 20 months on 20 non- consecutive days. Work in any one particular area will not be for an extended duration. F. CONCLUSIONS: THE CORRIDOR IS LOCATED WITHIN THE SR 167 RIGHT-OF-WAY, FROM MILEPOST 24.41 TO MILEPOST 24.80. THE WORKS WOULD OCCUR OVER 20 MONTHS ON 20 NON-CONSECUTIVE NIGHTS. 1. 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. 2. Analysis of the proposal according to variance criteria of RMC 8-7-8-D is found in the body of the Staff Report. G. RECOMMENDATION: Staff recommends that the Variance for the SR 167 North Bound Lanes Pavement Rehabilitation, File No. LUA 15-000437, V be approved subject to the following conditions: 1. The applicant shall provide the City of Renton project manager with the phone number for after-hours noise complaints prior to commencement of construction. Any complaints within the Renton city limits will be summarized and reported to the City’s project manager within 5 days of the complaint. 2. The applicant shall implement proposed mitigation measures to diminish or eliminate noise during construction. 3. The applicant shall notify the City of Renton project manager with the date and areas of expected night work prior to commencement of night work, a minimum of 24 hours in advance of the work.