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HomeMy WebLinkAboutSR_WSDOT_Noise_Variance_220712_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_WSDOT_Noise_Variance_220712_v1 A. REPORT TO THE HEARING EXAMINER Hearing Date: July 12, 2022 Project File Number: PR22-000182 Project Name: NWR Emergency Repair Land Use File Number: LUA22-000203, V-H Project Manager: Clark H. Close, Principal Planner Owner: WSDOT, 15700 Dayton Ave N, Shoreline, WA 98133 Applicant/Contact: Maria Laura Musso Escude, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98133 Project Location: MP 13.10 to MP 13.78 and from MP 14.31 to MP 14.40 Project Summary: The applicant, Washington State Department of Transportation (WSDOT), is requesting a noise variance to work eight (8) non-consecutive days during night and weekends beyond the hours permitted in Renton Municipal Code 4 -4-030C.3 to complete emergency pavement repairs, ensure highway structural integrity, and prevent additional roadway damage. The proposed night time repair work would be from MP 13.10 to MP 13.78 (Kirkland Ave NE to approximately Union Ave NE) and from MP 14.31 to MP 14.40 (Duvall Ave NE to Elma Pl NE). Roadway repair work would include paving, placement of pavement markings and replacement of damaged traffic loops. Noise levels resulting from project construction activities are expected to generate peak noise levels of 64 to 82 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise. A variance from RMC 8 -7-2 is necessary in order to conduct the night time work, as maximum permissible environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15 dBA permitted for periods of 1.5 to 15 minutes in any one-hour period (WAC 173-60-040). Site Area: Approximately 0.77 Linear Miles of SR 900 (NE Sunset Blvd) Kirkland Ave NE City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 2 of 9 SR_WSDOT_Noise_Variance_220712_v1 B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Site Plan Exhibit 3: Neighborhood Detail Map Exhibit 4: Governor Jay Inslee's Emergency Proclamation Exhibit 5: WSDOT Maintenance Memorandum Exhibit 6: WSDOT Declaration of Emergency Document Exhibit 7: Construction Equipment/Construction Activities List Exhibit 8: Project Narrative Exhibit 9: Noise Construction Mitigation Measures Exhibit 10: Variance Justification Exhibit 11: Traffic Control Plans Exhibit 12: Public Comment Emails, dated June 27, 2022 Exhibit 13: Agency Response Emails, dated June 27, 2022 and July 5, 2022 C. GENERAL INFORMATION: 1. Owner(s) of Record: WSDOT, 15700 Dayton Ave N, Shoreline, WA 98133 2. Zoning Classification: N/A, SR 900, WSDOT Limited Access Right-of-Way 3. Comprehensive Plan Land Use Designation: N/A, SR 900, WSDOT Limited Access Right-of-Way 4. Existing Site Use: Transportation Route, SR 900 (NE Sunset Blvd) 5. Critical Areas: Regulated slopes and moderate landslide hazards 6. Neighborhood Characteristics: SR 900 roadway abutting residential and commercial zoned properties (Exhibit 3). 7. Site Area: Approximately 0.77 Linear Miles of SR 900 (NE Sunset Blvd) 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 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Title VIII, Chapter 7 Noise Level Regulations City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 3 of 9 SR_WSDOT_Noise_Variance_220712_v1 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) to work during night and weekend hours beyond the days and hours permitted in Renton Municipal Code (RMC) 4-4-030C.3 to complete emergency pavement repairs of certain portions of SR 900 roadway. Beginning on December 17, 2021, a series of weather systems brought extremely cold temperatures along with snow and ice to the Northwest Region. The excessive freezing, thawing, and re-freezing caused failure of many state highway asphalt pavements leading to extensive delamination and potholes in multiple locations (Exhibit 6). General maintenance is keeping the roadway open using asphalt cold mix until an emergency contract can be awarded to make pavement repairs with hot mix (Exhibits 5 and 6). State agencies and local jurisdictions are coordinating resource to address the damage caused by the storms and implement repairs (Exhibit 4). The purpose of the emergency repair is to ensure the structural integrity of the highway pavement avoiding further damage that would require additional repair. The proposed night time repair work would be from MP 13.10 to MP 13.78 (Kirkland Ave NE to approximately Union Ave NE) and from MP 14.31 to MP 14.40 (Duvall Ave NE to Elma Pl NE). Roadway repair work would include paving sections of roadway with hot mix asphalt, placement of pavement markings and replacement of traffic loops if damaged during pavement operations. Approximately eight (8) non-consecutive nights of work would be required between July 2022 and the completion of the project, anticipated to be September 2022. The primary reason for conductin g night time work is to lessen daytime traffic congestion along SR 900. Noise levels resulting from project construction equipment and activities, such as asphalt removal, paving operations, and pavement repair are expected to generate peak noise levels of 64 to 82 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise. A variance from RMC 8 -7-2 is necessary in order to conduct the night time work, as maximum permissible environmental noise levels (per WAC 173 -60-040, incorporated by reference in RMC 8-7) limit extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15 dBA perm itted 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 saw, asphalt planer, compaction rollers, and paving machines (Exhibit 7). H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on June 8, 2022 and determined the application complete on June 9, 2022. The project complies with the 120-day review period. 2. The project site is located along SR 900, approximately 0.77 Linear Miles, from MP 13.10 to MP 13.78 (Kirkland Ave NE to approximately Union Ave NE) and from MP 14.31 to MP 14.40 (Duvall Ave NE to Elma Pl NE). 3. The project site is currently developed as SR 900 (NE Sunset Blvd). 4. The site is mapped with regulated slopes and moderate landslide hazards. 5. Night time work is proposed between now (June 2022) and the completion of the emergency repair project, anticipated to be September 2022. 6. Staff received two (2) written public comments via email on June 27, 2022 from Claudia Donnelly regarding stormwater runoff concerns (Exhibits 12). To further address these public comments the following report contains analysis and project information. City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 4 of 9 SR_WSDOT_Noise_Variance_220712_v1 7. Staff received two (2) agency response comments to the public comments received from Ms. Donnelly on June 27, 2022 and July 5, 2022 (Exhibit 13). No other public or agency comments were received. 8. The requested noise variance would be exempt from Environmental (SEPA) Review in accordance with Washington department of transportation roadway repair projects under WAC 197-11-800(26). 9. Representatives from various city departments have reviewed the appli cation 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: 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. Staff Comment: WSDOT is requesting a noise variance to complete night work on two (2) different sections of SR 900 that serve local business and residents within the authority of City of Renton. Specifically, the variance is requesting night time repair work from MP 13.10 to MP 13.78 (Kirkland Ave NE to approximately Union Ave NE) and from MP 14.31 to MP 14.40 (Duvall Ave NE to Elma Pl NE). The applicant contends that daytime closures, full or partial, to perform th e proposed emergency pavement repair would have a potential negative effect on the daily short trips for local business circulation, delivery, pedestrian, school, and Metro buses (Exhibit 10). Furthermore, the applicant maintains that working at night would avoid hardship and challenges to Renton residents, local businesses, and transit travel times during business hours. In addition, the applicant contends that working at night is the best way to minimize negative effects of daytime highway closures because construction which would only exacerbate the existing traffic conditions. According to the applicant, WSDOT’s contractor would 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 per the proposed traffic control plan (Exhibit 11). In addition, WSDOT has indicated that night work would not deprive property owners and occupants of rights and privileges enjoyed by others. 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 emergency roadway repairs would include pickup trucks, dump trucks, paving machines, road planer, air compressor, asphalt saw, portable light plants with generators, compaction rollers, truck mounted attenuators, and a sweeper (Exhibit 7). Staff concurs with the applicant that performing the emergency repair work during the day would create hardships and challenges for residents, area businesses, school uses, transit, and other travelers who use SR 900 between Kirkland Ave NE and Elma Pl NE. In addition, the project is expected to temporarily impact other nearby city roads. City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 5 of 9 SR_WSDOT_Noise_Variance_220712_v1 Therefore, the variance is necessary because of the special circumstances applicable to the SR 900 commuter corridor. The city would work with WSDOT to ensure the project would have the least amount of impacts 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 congestion and disruption to highway users whi le 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 Cit y. 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 SR 900 corridor would perceive construction sounds at various decibel levels due to varying distances, topography (berms or elevations changes), and other features that break the line of sight. Noise levels projected for this project have been estimated between 64 to 82 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise and night time noise levels are not expected to be concentrated at one location for any prolonged period of time. WSDOT has proposed several noise mitigation measures to lower the risk of any noise “spikes” of unwanted sound levels noticed by residents (Exhibit 9). 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, s taff 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 variance sought is the 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’s contractor 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). This request includes eight (8) non-consecutive nights in total, including the replacement of traffic loops if they are damaged during paving operations. City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 6 of 9 SR_WSDOT_Noise_Variance_220712_v1 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 cond itions 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 10) and construction mitigation measures (Exhibit 9) to follow RMC 8-7-8D.4, Factors For Granting Variance, and are detailed below (WSDOT responses are underlined): a. Implementation of a noise monitoring program; The applicant contends that the City of Renton has waived this requirement to only perform night time noise monitoring if construction noise related complaint is collected by WSDOT noise complaint line. b. Maximum noise levels; Noise levels projected for this project would reach range values between 58 dBA to 77 dBA heard at 100 feet. Night time background traffic noise levels on SR 900 average estimated are 64 dBA to 66 dBA. In addition, the paving and repair operations consist of mobile equipment sounds that dissipate with distance as the work is completed. c. Limitation on types of equipment and use of particular equipment; WSDOT would utilize equipment as described in the Construction Equipment/ Construction Activities List (Exhibit 7). d. Limitation on back-up beepers for equipment; City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 7 of 9 SR_WSDOT_Noise_Variance_220712_v1 WSDOT contractor construction equipment would be equipped with non-pure tone back-up alarms. Non-pure tone is the patented “broadband alarm,” where the tone peaks are “flattened.” e. Required use of noise shields or barriers; If placement of temporary noise shields is feasible, WSDOT ’s contractor would place them around stationary equipment. f. Restrictions to specific times and days; WSDOT’s contract would not allow work during festival and events identified by the City of Renton. g. Specific requirements for documentation of compliance with the noise variance conditions; Not applicable. h. Specific requirements for notification to nearby residents; Residents and business within 500 feet from work zone would be notified seven (7) days before night time work starts. i. Required cash security to pay for inspection services to verify compliance; Not applicable. j. Required access to the project by the City to verify compliance with the noise variance conditions; City of Renton inspectors would follow security and safety protocols set forth by WSDOT’s contractor to access the work zone. k. Specific program to allow for temporary hotel vouchers to effected residents; WSDOT would provide hotel vouchers if earplugs and white noise machines are not sufficient, provided the requested party has used the earplugs and white noise machines for at least one night. l. Requirements for written verification that all workers understand the noise variance conditions for the project; WSDOT would provide onsite training to WSDOT’s contractor, such that the conditions under which City of Renton has granted the noise variance are understood. 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 ho urs of the violation occurrence. According to the applicant, a number of mitigation measures and common noise reduction techniques are proposed in order to help limit impacts on EDNA properties along the SR 900 project corridor. For example, all construction equipment would be equipped with non-pure tone back up alarms. 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. WSDOT’s contractor, along with WSDOT, would City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 8 of 9 SR_WSDOT_Noise_Variance_220712_v1 apply the proposed mitigation measures to reduce disruption on effected residents. Staff recommends, as a condition of approval, that the applicant and the future project contractor implement the noise mitigation measures (listed above) for granting a variance to diminish or eliminate noise during the NWR Emergency Repair 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, this emergency pavement repair project to sections of SR 900 was based on the following criteria: • Governor puts out a Proclamation declaring an emergency for the damage due to the excessive cold temperature and allows WSDOT to seek funding for repairs (Exhibit 4); • WSDOT declaration of emergency allows us to get a contractor on board using an emergency process (Exhibits 5 and 6); • Maintenance did a temporary fix but there is still a risk of imminent threat to traveling public due to potential for vehicles dislodging chunks of concrete pavement; and • This project would be a permanent fix to remove the imminent threat. The applicant contends that because is project is based upon the Governor’s emergency project, the project would not cause impacts to the public safety, health, and welfare nor 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 NWR Emergency Repair project is necessary to address the roadway damage from severe winter storms in 2021 that pose a risk of imminent threat to traveling public and users, as proclaimed by the Governor of the State of Washington. The project benefits outweigh the limited-term noise impacts to residents and property owners and the applicant has identified specific project mitigation measures to implement in order 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 the Governor proclaimed a State of Emergency throughout the state and directed state agencies and departments to utilize state resources to implement plans and procedures in the Washington State Comprehensive Emergency Management Plan in an effor t to respond to and recover from the series of severe winter storms that struck Washington State in December of 2021. 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. City of Renton Department of Community & Economic Development NWR Emergency Repair Staff Report to the Hearing Examiner LUA22-000203, V-H Report of July 12, 2022 Page 9 of 9 SR_WSDOT_Noise_Variance_220712_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 SR 900 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 10. J. RECOMMENDATION: Staff recommends approval of the NWR Emergency Repair, File No. LUA22-000203, V-H, as depicted in the Site Plan (Exhibit 2), subject to the following conditions: 1. The applicant and the contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the NWR Emergency Repair Project, as identified in the project narrative (Exhibit 8) and described in the noise construction mitigation measures (Exhibit 9). A summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within one (1) 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. Staff Comment: Noise levels produced by construction equipment is expected to range from 64 to 82 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise. The applicant is requesting a total of eight (8) non- consecutive nights. Moreover, the contractor may be able to reduce the number of nights based upon materials, equipment, and crew availability. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: NWR Emergency Repair Land Use File Number: LUA22-000203, V-H Date of Hearing July 12, 2022 Staff Contact Clark H. Close Principal Planner Project Applicant/Contact Maria Laura Musso Escude, WSDOT 15700 Dayton Ave N, Shoreline, WA 98133 Project Location MP 13.10 to MP 13.78 and from MP 14.31 to MP 14.40 The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Site Plan Exhibit 3: Neighborhood Detail Map Exhibit 4: Governor Jay Inslee's Emergency Proclamation Exhibit 5: WSDOT Maintenance Memorandum Exhibit 6: WSDOT Declaration of Emergency Document Exhibit 7: Construction Equipment/Construction Activities List Exhibit 8: Project Narrative Exhibit 9: Noise Construction Mitigation Measures Exhibit 10: Variance Justification Exhibit 11: Traffic Control Plans Exhibit 12: Public Comment Emails, dated June 27, 2022 Exhibit 13: Agency Response Emails, dated June 27, 2022 and July 5, 2022