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HomeMy WebLinkAboutHEX_Final Decision_WSDOT Noise Variance_2207201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: NWR Emergency Repair Noise Variance PR22-000182 FINAL DECISION Summary The Washington State Department of Transportation (“WSDOT”) has applied for a noise variance from RMC 8-7-2 during the course of eight nonconsecutive evenings to complete emergency pavement repairs, ensure highway structural integrity, and prevent additional roadway damage on SR 900 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 variance is approved subject to conditions. Several public comments were received regarding stormwater impacts. Stormwater impacts are not relevant to the review criteria of the requested noise variance and the hearing examiner has no authority to address them. WSDOT has responded to the stormwater concerns in Exhibit 18. Testimony A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Exhibits The thirteen exhibits identified at page 2 of the Staff Report were admitted into the record during the hearing. In addition, the staff power point was admitted as Exhibit 14, City of Renton COR maps of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 2 2 site as Ex. 15 and Google Maps of the site as Ex. 16. Four emails from Claudia Donnelly dated July 6, 2022 and July 11, 2022 were admitted as Ex. 17. A July 11, 2022 email from WSDOT was admitted as Ex. 18. Findings of Fact Procedural: 1. Applicant. Maria Laura Musso Escude, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98133. 2. Hearing. A virtual hearing was held on the subject application on July 12, 2022 at 11:00 am in the City of Renton, Zoom Meeting ID No. 946 7233 4580. Substantive: 3. Project Description. The Washington State Department of Transportation (“WSDOT”) has applied for a noise variance from RMC 8-7-2 over the course of eight nonconsecutive evenings to complete emergency pavement repairs, ensure highway structural integrity, and prevent additional roadway damage on SR 900 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 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 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). 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 conducting night time work is to lessen daytime traffic congestion along SR 900. The repairs are necessitated from weather events beginning in December 17, 2021, when 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 resources to address the damage caused by the storms and implement repairs (Exhibit 4). The purpose of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 3 3 the emergency repair is to ensure the structural integrity of the highway pavement avoiding further damage that would require additional repair. 4. Neighborhood Characteristics. Land uses along the project site are composed of single and multi-family residential as well as commercial. 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably practicable and should not substantially adversely affect any single residential occupant . Though the same area may experience multiple episodes of nighttime noise as the project progresses through phases, no one area is expected to be impacted for more than two consecutive weeks at a time. In general, WSDOT contends that the sound generated from the construction work reduces at the rate of 6 dBA with every doubling of distance from a stationary noise source. 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. 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. At hearing, Ms. Musso Escude on behalf of the Applicant testified that the closest residences will be located 50-87 feet from the proposed work. She identified that maximum noise levels would be similar to a mowing machine from 25 feet. The work at most will be 15 minutes to a half hour in front of any residence, happening twice and in rare cases three times over the course of the eight night work window1. Ms. Musso Escude further identified that the proposed work will ultimately benefit the affected residences, since the delamination that will be repaired by the work currently creates significant noise as vehicles drive over it. WSDOT has proposed several noise mitigation measures to lower the risk of any noise “spikes” of unwanted sound levels noticed by residents (Exhibit 9). 1. The Contractor shall use broadband backup warning devices on all vehicles. 2. All trucks performing export haul shall have well maintained bed liners as inspected and accepted by the WSDOT Project Engineer. 3. During construction cleanup operations, all material spilled within the work zone shall be removed by hand methods or sweeping when feasible. 4. Truck tailgate banging is prohibited. All truck tailgates shall be secured to prevent excessive 1 Ms. Musso Escude referenced the fact that the work would involve two lanes of traffic in front of each of the residences. It was unclear if the two to three 15 minute noise windows would be per lane or total for each residence. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 4 4 noise from banging. 5. Construction equipment operating under stationary conditions, such as but not limited to; saw cutters, front loaders, light plants, jackhammers, and generators, are allowed provided that WSDOT-approved temporary noise shields are used. The Contractor shall use accepted acoustic noise blankets, or other means available for noise shielding as approved by the Engineer. 6. WSDOT shall provide to the city of Renton, WSDOT contact information: names and emails to respond to nighttime noise complaints. 7. WSDOT shall provide a live person to address any complaints during the nighttime work. 8. The Contractor shall use two-way radios to communicate at night among crew members. 9. WSDOT shall notify residents of night work variance if work is within a 500 feet radius of the night work. 10. WSDOT and Contractor vehicles and construction equipment shall be parked only in designated areas. 11. Idling vehicles are not allowed. 12. WSDOT will follow noise complaints response protocol: 1. Provide ear plugs 2. Provide white noise machines 3. Provide motel accommodation after items 1 and 2 are tested. The mitigation provided above is all that can be reasonably required of WSDOT. Given the short duration of impacts and the extensive mitigation effort, it is concluded that the impacts will be mitigated as much as reasonably practicable and should not substantially adversely affect any single residential occupant. 6. Practical Difficulties and Special Circumstances. The variance is necessary to avoid daytime SR-900 closures that would cause significant traffic congestion that would likely spill over onto City streets. Daytime closures, full or partial, to perform the 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, working at night would avoid hardship and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 5 5 challenges to Renton residents, local businesses, and transit travel times during business hours. 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. 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). Conclusions of Law 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)). 2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-8(D). RMC 8-7-8(D)(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. 3. The special circumstances are the proximity of SR-900 to adjoining homes and the critical need for night-time work to complete SR 900 repair. Strict application of the City’s noise regulations would deprive WSDOT of the ability to complete its repairs in a manner that is compatible with the interests of the surrounding community for the reasons identified in Finding of Fact No. 6. In this regard, strict adherence would deprive WSDOT of the rights other developers have to construct their projects in an environmentally responsible manner. RMC 8-7-8(D)(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. 4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are mitigated to the extent reasonably practicable under the circumstances and will be of relatively short duration. It is recognized that some residences may experience a few periods of nighttime noise over the course of the project. However, the duration of each of these periods is short and several mitigation measures will be taken to reduce the impact, including provision of ear plugs and white noise machines. Ultimately, the mitigation measures require the applicant to provide hotel accommodations if the noise proves too much for adjoining property owners. As reasonably mitigated with limited impacts, the proposal is not found to be materially detrimental to public health, safety and welfare or unduly injurious. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 6 6 5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all measures it reasonably can to reduce noise impacts. As noted in Finding of Fact No. 6, the proposed work must be done in night to avoid significant congestion impacts during the day on both SR-900 and City streets. Since the Applicant has done everything it reasonably can to reduce noise impacts and there is no feasible alternative to do the work during daytime hours, the variance is considered to be the minimum variance that accomplishes WSDOT’s objective of repairing SR 900. RMC 8-7-8(D)(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; 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; 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. 6. All mitigation measures identified above have been incorporated into the conditions imposed upon the variance request by this Decision except for a, g, i and m as outlined at p. 6-7 of the staff report. The mitigation measures that have not been adopted by this decision are code enforcement and inspection tools designed to facilitate staff oversight of the project. Deference is given to staff on this issue and the measures are not imposed. RMC 8-7-8(D)(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. 7. As outlined in Finding of Fact No. 3, the need for the variance is critical to helping WSDOT complete emergency repairs on SR 900. As outlined in Finding of Fact No. 5 the impacts to affected residences are temporary and have been fully mitigated. On balance, the noise impacts to affected residents cannot be avoided given the need for the project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 7 7 RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 8. As noted in Finding of Fact No. 6, the timing of the roadway work is necessary to avoid worse impacts to daytime traffic. There is no other alternative location the work could be done. RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. 9. As noted in Finding of Fact No. 5, 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. As further outlined in Finding of Fact No. 5, residences will at must be exposed to these noise impacts for durations of 15 minutes up to 2-3 times over the course of the project. Residential occupants will have ear plugs and white noise machines available to reduce noise impacts, with hotel vouchers as a last result. As concluded in Finding of Fact No. 5, the limited duration of impacts coupled with the extensive mitigation efforts of the Applicant create an acceptable and reasonable level of mitigation. DECISION The proposed variance is justified for the reasons identified in the Conclusions of Law above and is thereby approved. Approval is subject to compliance with the following conditions of approval: 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. ORDERED this 20th day of July 2022. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 8 8 RMC 8-7-8(F) provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) further requires appeals of the Hearing Examiner’s decision to be filed within fourteen (14) calendar days from the date of the Hearing Examiner’s decision. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.