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HomeMy WebLinkAboutJ_Variance_Request_Justification_240102_v1Noise Variance Request Justification The Hearing Examiner will base their decision on the specific variance shown below. (RMC 8-7-8.D.1-7): WSDOT will provide a response to each variance factor. List each factor for granting a noise variance and provide your response under the question. 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. Applicant Response: WSDOT is requesting this variance to work at night based on the fact that the I-405 corridor is a major part of the Puget Sound Transportation system and carries 132,000 AADT (Average Annual Daily Traffic.) The I-405 Renton to Bellevue widening and Express Toll Lanes project is addressing capacity and mobility improvements to the public and users. This variance is requested to complete the following major items of work: a. Renton Hill area : 3rd St /Renton Ave bridge retrofit b. I-405 and SR 169 Interchange/ramp improvements c. I-405 and Parkway Interchange/ramp improvements d. I-405 and 30Th St Interchange/ramp improvements e. I-405 and 44th St Interchange/ramp improvements f. Adding through lanes g. Build Retaining walls and noise walls h. Upgrade drainage, utilities relocation, detention ponds i. Rebuild ITS systems j. Additional safety items such as but not limited to pedestrian and trail improvements, ADA access, and landscaping. I-405 serves as a key connector for commercial, freight, motorist uses, and mass transit within the Puget Sound area and it is vital for the economic growth of the city of Renton. Daytime closures, full or partial, to perform this work would have the potential to worsen the already congested I-405 corridor. Furthermore, if I-405 users encounter daytime closures, there is a risk that traffic will overflow onto city arterials and local streets increasing travel time of local residents, business, and transit and school bus drivers. Furthermore, as shown on the list provided as well as the attached exhibits this work will impact city and main arterials temporarily for which there will be collaboration with the City of Renton and WSDOT task force. FLATIRON-LANE Design Builder (DB), WSDOT’s representative on this project, will be required to 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. In order to meet these requirements, it is necessary that the work for this project be done at night. Working at night is the best way to minimize negative effects as a result of construction which would only exacerbate the existing traffic conditions mentioned above. Page 2 of 5 June 30, 2020 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. Applicant Response: Temporary nighttime construction is one of the few tools that WSDOT applies to lessen traffic congestion and disruption to highway users while improving the roadway. This is a project that will impact local arterials and streets for short periods of times following a construction program schedule posted with enough notice to the public and worked in conjunction with the City of Renton and WSDOT task force. Location of the number of nights and type of work are detailed as shown on the Site Map pages 1 thru 11. In general, we can summarize how the sound will be perceived by residents from a source such as this construction equipment as it propagates over distance as follows: a 6-dBA noise level decrease will occur 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. Noise also decreases if an object interferes with the receiver’s line of sight to the noise source as well as with a topographic interference either natural like a hill or a man-made berm or an existing noise wall as currently exists along the I-405 corridor within the city of Renton. Also, in general, because the residents are located west and east of I-405 staggered out at several locations with different topographic features how residents will perceive the sounds emanating from the soil investigation site will vary as follows: a. Residents along I-405 that are protected by a noise wall or a natural berm that break the line of sight. b. Residents especially in the area within Renton Hills, Maple Valley, Kennedale and Parkway are located behind an embankment or behind a structure that will not have a direct line of sight. c. Residents located west and east of I-405, generally the sound attenuation will depend on the relative elevation difference between the source and the receiver, and the height and location of the intervening object. d. Residents along I-405 west and east of I-405 that currently have direct line of sight to the I-405 traffic, will experience construction sounds at some instance during the addition of the general purpose. e. Residents located on local streets and arterials such as Renton Hill area will likely have direct line of sight to some items of work during construction. Noise levels projected for this project have been estimated to be between 61 and 92 dBA heard at 50 feet. When the night work will occur along I-405 we can consider that nighttime background traffic noise levels on I-405 average 73 dBA at 50 feet from the nearest travel lane during the day time so including a noticeable reduction factor of 5 dBA during the night it will be 68 dBA. The decrease is that traffic volumes are lower during night hours. When distance is incorporated into the assessment as well as topography and the proposed mitigation measures, how much residences will perceive or not will depend of the item of work that will take place. For instance it will be more likely that demolition will be noticed in contrast with earth moving to add through lanes that will be masked by the existing nighttime traffic. However, if the work will occur on side streets such as the Renton Hill, where residents are facing the work site, they will experience the nighttime construction sounds depending on the type of activity including demolition. All these issues will be addressed in conjunction with the listed mitigation included in the Noise variance Project Narrative. December 6, 2023 Page 3 of 5 June 30, 2020 The monitoring plan developed will address all the impacts to residents that will be impacted to minimize any possibility that the public health or safety will be diminished. If any noise related complaints are received, the contractor along with the agency will work on alternative mitigation measures to stop the inconvenience including providing hotel vouchers or identify state of the art measures currently in the market to minimize the impacts. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. Applicant Response: The requested noise variance will allow the WSDOT/ Flatiron DB to accomplish this work in the minimum number of nights required to complete all the locations shown on Site Plan pages 1 thru 11. This request includes range of 500 to 600 non-consecutive nights in total, including contingency. 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 as follows; 1. Renton Hill area or any area where demolition will occur at night. 2. All the other areas, will only perform nighttime noise monitoring if a confirmed complaint is received. b. Maximum noise levels; Noise levels projected for this project have been estimated to generate peak noise levels of 61 to 92 dBA heard at 50 feet. Background traffic noise levels on I-405 reach approximate average noise levels up to 73 dBA during the daytime at 50 feet from the travel lane with a reduction to 68 dBA due to lower average traffic at night. However in this case when the night work occurs at night a more detailed plan be approved by the city as soon as the final construction plan and sequence is approved. c. Limitation on types of equipment and use of particular equipment; N/A d. Limitation on back-up beepers for equipment; All alarms will operate under OSHA and L&I rules and regulations and WAC and RCW. e. Required use of noise shields or barriers; Included in cover letter under mitigation measures if installation adjacent to I-405 or within the work zone is feasible and they are not a safety risk to I-405 users and workers. f. Restrictions to specific times and days; Night work will occur Monday thru Friday night starting when the variance is approved, with an expiration date of December 31, 2024. g. Specific requirements for documentation of compliance with the noise variance conditions; The requested noise variance will allow WSDOT/Flatiron DB to accomplish the work in the minimum number of nights required to complete all the locations shown on Site Plan pages 1 thru 11. The project's current noise variance permit covered the length of the project as it was understood at the time. The project is now projected to complete in 2026, thus the need for an additional permit. This request includes range of 350-450 non-consecutive nights in total, including contingency. Sunday thru Saturday night December 31, 2026. December 6, 2023 Page 4 of 5 June 30, 2020 All specific documentation is included in this request. WSDOT will develop noise mitigation plans as soon as the Design builder completes the construction sequence at locations where residents will be impacted due to some specific items of work that cannot be avoided to be performed at night. h. Specific requirements for notification to nearby residents; Included in cover letter under mitigation measures. i. Required cash security to pay for inspection services to verify compliance; N/A waived. j. Required access to the project by the City to verify compliance with the noise variance conditions; As long as the city of Renton follows the security and safety protocol set forth by WSDOT/Flatiron so they may access the work zone. k. Specific program to allow for temporary hotel vouchers to effected residents; Included in cover letter under mitigation measures. l. Requirements for written verification that all workers understand the noise variance conditions for the project; and Included in cover letter under mitigation measures. WSDOT/Flatiron will provide the City with an attendance sheet of workers that will participate in the soil investigation night work. 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, City of Renton will email WSDOT by email or call within 24 hours of the violation occurrence. 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. Applicant Response: I-405 is a major part of the transportation system Puget Sound and the night work necessary to complete its funded improvement authorized by the State Legislature will not cause impacts to the public safety, health and welfare nor harm will be suffered by the residences or properties due to the temporary increase over the 47 dBA permitted under the City of Renton Code. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Applicant Response: December 6, 2023 Page 5 of 5 June 30, 2020 Reconstruction of existing highway structures to adapt to more current design that meets the city plan is a challenge because construction has to occur at locations where longtime residents are. Furthermore, if the work occurs during the day time there are additional consequences such extending the life of the project affecting the public for longer periods of time. So, unfortunately, working during the night is the only option that will allow us to use novel construction management to expedite the construction. To mitigate those impacts from night work WSDOT has been working and will continue to do so with the city of Renton staff and its community to minimize impacts with a greater return for their inconvenience as a goal. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Applicant Response: Noise levels produced by construction equipment is expected to range from 61 to 92 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 51 to 66 dBA at a distance of 300 feet from the source of the noise. A total range of 500 - 600 non-consecutive nights including some contingency, however, the maximum number of nights will be a maximum of one or two per location. Furthermore, noise levels will not be concentrated at one location for more than 2 weeks at the time and not all unwanted sound will be as bothersome as others. However, the critical ones have been identified as pile /sheet driving, demolition of existing structures and where the activity will occur in areas where residences are not protected by natural or man-made barriers. December 6, 2023 350-450