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HomeMy WebLinkAboutSR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: June 8, 2023 Project File Number: PR16-000241 Project Name: Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Land Use File Number: LUA23-000167, NV-A Project Manager: Clark H. Close, Principal Planner Owners: City of Renton, 1055 S Grady Way, Renton, WA 98055 Applicant: Rena Watts, Comcast Cable Corporation, 1525 75th St SW #200, Everett, WA 98203 Contact: David Standring, Cannon Construction LLC, 406 Porter Way, Milton, WA 98354 Project Location: Sunset Blvd NE. Behind 505 and 509 Grandey Way NE, Renton, WA 98056 (529 Grandey Way NE, Renton, WA is the customer address associated with this project). Project Summary: The applicant, Cannon Construction LLC on behalf of Comcast Cable Corporation, is requesting an administrative noise variance from RMC 8-7-2 (Noise Level Regulations, Maximum Environmental Noise Levels) in order to upgrade their existing facilities. The applicant is proposing to complete 190 feet of tree trimming to overlash one (1) 288CT fiber on an existing Puget Sound Energy aerial strand located near the intersection of Sunset Blvd NE and Bronson Way NE. The project location is on Sunset Blvd NE, just east of I-405, in the Highlands Community Planning Area. The applicant is proposing the work at night because the major franchise permit traffic control plan requires the work to be completed at night. The proposed night time work is scheduled to take place on Friday, June 30, 2023 from 12:00 am to 4:00 am. An alternate work window may be required to complete the night work. Noise levels resulting from project construction activities are expected to generate peak noise levels of 84 to 85 dBA as perceived at 50 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). The equipment that is proposed to be utilized to complete the upgrade work includes gas-powered equipment, vehicles (F550 and F150) and a Sawzall. DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 2 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Neighborhood Detail Map Exhibit 3: Noise Variance Request Justification Exhibit 4: Construction Plan Set Exhibit 5: Major Franchise Permit (MFP22005770) Exhibit 6: 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 May 22, 2023 and determined the application complete on May 25, 2023. 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 2-5). 3. The night time project site is located on Sunset Blvd NE, across from the northbound onramps to Interstate 405 (I-405) near the intersection of Sunset Blvd NE and Bronson Way NE (Exhibits 2 and 4). 4. The overall project work includes a Major Utility Franchise Permit (MFP22005770) (Exhibit 5). The project’s primary location is behind 505 and 509 Grandey Way NE, Renton, WA 98056 and the customer address associated with the franchise permit is 529 Grandey Way NE, Renton, WA 98056. 5. Access to the site would be provided via Sunset Blvd NE. 6. The site is mapped within high landslide hazards, high erosion hazards, and is located in the Downtown Wellhead Protection Area Zone 2. 7. The applicant is proposing to upgrade their existing facilities. Comcast is proposing to have Cannon Construction overlash one (1) new 288CT fiber for a total of approximately 483 lineal feet to existing Puget Sound Energy (PSE) poles along Sunset Blvd NE during the evening of Friday, June 30, 2023 from 12:00 am to 4:00 am. An alternate work window may be required to complete the night work. 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: Comcast Cable Corporation is requesting a noise variance in order to exceed the maximum night time environmental noise levels of RMC 8-7-2. The proposal is compliant with the DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 3 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 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: 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: The applicant contends that work to upgrade their facilities must be done at night (Exhibit 3). The applicant further contends Traffic Control Plan of the Major Franchise Permit (MFP22005770) Traffic Control Plan was approved only as night work (Exhibit 5). In addition, the traffic control plan includes the following notes: • Coordinate with any businesses that would be affected by construction; • Temporary "NO PARKING" signs to be placed at least 72 hours prior to work; • Driveway access would be maintained unless otherwise noted; • Sidewalk of four feet (4') in width would be maintained for pedestrian access unless otherwise noted, a spotter would be on site to escort pedestrians through work zone; • All work would stop while pedestrians are escorted through work zones; • Signs within roadway would be protected by channelization devices; and • All traffic control devices used for night work must be retroreflective. Permitted noise levels would be exceeded during the proposed tree trimming and overlash work near the northbound I-405 onramps from Sunset Blvd NE (Exhibits 2 and 4). The anticipated type of equipment used to complete the work would include vehicles (F550 and F150), gas-powered equipment, and a Sawzall. Hand tools would be used when possible. Operation of this type of equipment would generate noise that would exceed the allowed noise level limits. Noise levels resulting from project construction activities are anticipated to generate peak noise levels of 84 to 85 dBA as perceived at 50 feet from the source of the noise. Staff concurs with the applicant that the location of the work is likely to impact businesses and residents located near Sunset Blvd NE if completed during the day time, which necessitates the need for night time work to mitigate traffic impacts on businesses and residences in the area. By permitting night time work to exceed the allowable noise levels for nearby Class A EDNA properties, the applicant can limit the day time transportation impacts on the nearby businesses and residents. 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 work would 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. DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 4 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 The applicant maintains that they would coordinate with any businesses that would be affected by the construction. The project manager has confirmed that Friday, June 30th is the ideal target date to complete the night time work. On May 25, 2023, staff mailed a notice to property owners and residents within 500 feet of the project locations (Exhibit 6). It is anticipated that the proposed night time work has the potential to be materially detrimental to the public health, welfare or safety, or injurious to the property or improvements in the vicinity of the project site if no mitigation measures are applied to the proposed construction work. Therefore, in order to limit the noise impacts to surrounding properties and to ensure that businesses and residents are further notified and any concerns are addressed, staff recommends as a condition of approval that the applicant apply the following mitigation measures to the proposed project: • The applicant shall respond to businesses and residents that require special accommodations prior to the start of construction. • Prohibit tailgate banging. All truck tailgates would be secured to prevent excessive noise from banging. • Limit the amount of time a vehicle is idling, backing up, and time necessary to complete the work. • All alarms would operate under Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I), Washington Administrative Code (WAC), and Revised Code of Washington (RCW) rules and regulations. • A copy of noise variance would be kept on the project site at all times. • Comcast Cable Communication and/or Cannon Construction coordinators shall notify all residents and commercial business of night time work activities at least 10 calendar days in advance of the proposed night time construction work. This notification shall include the type of work, as well as the Project Manager’s phone number should any notified party wish to request more information or to file complaints related to work activities.  c. That the variance sought is the minimum variance which will accomplish the desired purpose. Staff Comment: The requested administrative variance would allow Cannon Construction LLC, on behalf of Comcast Cable Corporation, to complete the necessary fieldwork for the project in the minimum number of hours needed. As previously stated, the night time project activities would include upgrades to existing facilities (overlash one (1) 288CT fiber on an existing aerial strand). The planned night time construction work would be performed with trucks that are likely to create noise and flashing lights, gas-powered equipment, a Sawzall, and hand tools. The proposed work time frame is scheduled to take place on Friday, June 30, 2023 from 12:00 am to 4:00 am. An alternate work window may be required to complete the night work. Notification requirements are recommended as conditions of approval in order to diminish project impacts on the surrounding area. The applicant is performing the work under the Comcast Cable Franchise Permit- JB0000588234 (MFP22005770) (Exhibit 5). The franchise permit was issued on January 13, 2023 and is currently set to expire on January 15, 2024. DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 5 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 Staff concurs that the requested four-hour work window is the minimum needed to accomplish the site work to support the needs of Comcast Cable Corporation and their customers.  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; 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 one (1) night, between the hours of 12:00 am and 4:00 am, to complete the construction work. Staff is recommending several mitigation measures to limit impacts to nearby properties, see variance analysis above under subsection ‘b’ for proposed mitigation measures that are proposed to be implemented as part of the night time work. Any additional mitigation measures to diminish or eliminate noise during construction may 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: According to the applicant, the proposed upgrades to Comcast Cable Corporation’s existing facilities would not cause impacts to the public safety, health and welfare and no harm would be suffered by the residences or properties due to the temporary increase over the allowed decibel levels during the requested PM hours. Cannon Construction intends to overlash one (1) new 288CT fiber for a total of approximately 483 lineal feet to existing Puget Sound Energy (PSE) poles along Sunset DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 6 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 Blvd NE. The applicant maintains that their construction crews would receive written verification prior to the start of the night time activity being requested. According to City of Renton (COR) Maps, the project site is located within a high landslide hazard area, high erosion hazard area, and the Downtown Wellhead Protection Area Zone 2. The noise impacts resulting from the site work are anticipated to be minimal in nature. Staff is recommending mitigation measures to reduce or eliminate night time noise. See analysis above under subsection ‘b’.  f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: No alternative locations are proposed to complete these requested upgrades to Comcast Cable Corporation’s facilities. According to the applicant, the work area at Puget Sound Energy (PSE) pole nos. 318196166457 and 318201166469 is specific to the location.  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 upgrade work, based on the proposed construction equipment, are estimated to range from 84 dBA to 85 dBA at a distance of 50 feet from the source. These sound levels are expected to diminish over greater distances. Per the WAC 173-60-040, maximum permissible environmental noise levels, the noise limitations for a Class A EDNA receiving property (residential) from a Class C source (right-of-way) is 60 dBA. Between the hours of 10:00 pm and 7:00 am, the noise limitations are further reduced by 10 dBA for Class A EDNA receiving properties; therefore, the permissible noise level of 50 dBA 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 for a total of one (1) night (up to 4 hours) to complete the identified upgrade work. E. CONCLUSIONS: 1. The subject site is located near the intersection of Sunset Blvd NE and Bronson Way NE. 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, Comcast Cable Corporation, requested a noise variance in order to exceed the night time dBA limits for work from an EDNA Class C property that would be received from EDNA Class A properties located near 505, 509 and 529 Grandey Way NE, Renton, WA 98056. 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. DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 7 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 F. DECISION: The Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4), File No. LUA23-000167, NV-A, as depicted in Exhibit 4, is approved and is subject to the following conditions: 1. The applicant shall respond to residents and businesses that require special accommodations prior to the start of construction. 2. The applicant shall implement the following mitigation measures to diminish or eliminate noise during night work, as follows: a. All truck tailgates shall be secured to prevent excessive noise from banging. b. The amount of time a vehicle is idling, backing up, or being used to upgrade existing facilities shall be limited to no more than is necessary to complete the required task. c. All alarms shall operate under Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I), Washington Administrative Code (WAC), and Revised Code of Washington (RCW) rules and regulations. d. A copy of noise variance shall be kept on the project site at all times. e. The applicant and/or their construction coordinators shall notify all residents impacted by the proposed night time work activities at least 10 calendar days in advance of the proposed night time construction work. This notification shall include the type of work, as well as the Project Manager’s phone number should any notified party wish to request more information or to file complaints related to work activities. 3. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on June 8, 2023 to the Owner/Applicant/Contact: Owner: Applicant: Contact: City of Renton 1055 S Grady Way Renton, WA 98055 Rena Watts 1525 75th St SW #200 Everett, WA 98203 David Standring 406 Porter Way Milton WA 98354 TRANSMITTED on June 8, 2023 to the Parties of Record: None. TRANSMITTED on June 8, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC 6/8/2023 | 3:54 PM PDT City of Renton Department of Community & Economic Development Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Administrative Report & Decision LUA23-000167, NV-A Report of June 8, 2023 Page 8 of 8 SR_Comcast-Cannon_JB0000588234_T3DWAKVD99100_1X2_OFF_RN44C_(4X4)_Noise_Variance_220608_v1 Gina Estep, Economic Development Director Matt Herrera, Current Planning Manager Nathan Janders, Development Engineering 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 June 22, 2023. Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. 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. The appeal submitted in person may be paid on the first floor in our Finance Department. 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: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Comcast - Cannon JB0000588234 T3D - WAKVD99100 1X2 OFF RN44C (4X4) Land Use File Number: LUA23-000167, NV-A Date of Report June 8, 2023 Staff Contact Clark H. Close Principal Planner Project Contact David Standring Cannon Construction LLC 406 Porter Way Milton WA 98354 Project Location Sunset Blvd NE. Behind 505 and 509 Grandey Way NE, Renton, WA 98056. The following exhibits are included with the Administrative Report: Exhibit 1: Administrative Decision Exhibit 2: Neighborhood Detail Map Exhibit 3: Noise Variance Request Justification Exhibit 4: Construction Plan Set Exhibit 5: Major Franchise Permit (MFP22005770) Exhibit 6: Notice of Application DocuSign Envelope ID: F56A8A3B-C405-47B0-87BA-D84FCA3D09DC