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HomeMy WebLinkAboutSR_WSDOT-FLJV_Noise_Variance_240227_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_WSDOT-FLJV_Noise_Variance_240227_v1 A. REPORT TO THE HEARING EXAMINER Hearing Date: February 27, 2024 Project File Number: PR17-000278 Project Name: I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Land Use File Number: LUA24-000001, V-H Project Manager: Clark H. Close, Current Planning Manager Owner: WSDOT, 600 108th Ave NE Ste. 405, Bellevue, WA 98004 Applicant/Contact: Robert Thomas, WSDOT, 777 108th Ave NE Ste. 800, Bellevue, WA 98004 Project Location: I-405 Renton to Bellevue Corridor Widening and Toll Lanes Project Project Summary: 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 widen I-405 through Renton by a single lane in each direction, make improvements at the Northeast 44th Street interchange, replace the May Creek Bridge, and correct fish passage barriers near Exit 7. Approximately 350 to 450 nights of non-consecutive nighttime work would be required between now and the physical completion of the project. The proposed nighttime work would occur Sunday through Saturday and is now anticipated to be completed by December 31, 2026. The I-405 Renton to Bellevue Widening and Express Toll Lanes project seeks to address capacity and mobility improvements to the public and users. The primary reason for conducting nighttime work is to minimize daytime traffic congestion along the I-405 corridor and protect public safety. 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 and 60 decibels, with exceedances of 5 to 15 decibels permitted 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 forklift, jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck. Site Area: Approximately 8 Linear Miles of I-405 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 2 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Site Plan (Sheets 1-11) Exhibit 3: Neighborhood Detail Maps (Sheets 1-14) Exhibit 4: Drainage Plans (DR03 – DR07) Exhibit 5: Existing Utilities Plans (EU03 - EU07) Exhibit 6: Construction Equipment/Construction Activities List Exhibit 7: Project Narrative Exhibit 8: Variance Justification Exhibit 9: Public Comment Email from Mike Cressy, dated February 15, 2024 Exhibit 10: Staff Response Email to Mr. Cressy, dated February 20, 2024 C. GENERAL INFORMATION: 1. Owner(s) of Record: Robert Thomas, WSDOT 777 108th Ave NE, Suite 800 Bellevue, WA 98004 2. Zoning Classification: N/A, I-405, WSDOT Limited Access Right-of-Way 3. Comprehensive Plan Land Use Designation: N/A, I-405, WSDOT Limited Access Right-of-Way 4. Existing Site Use: Transportation Route, Interstate 405 5. Critical Areas: Regulated slopes, streams, regulated shorelines, wetlands, high seismic hazards, landslide hazards, flood hazards, high landslide hazards, high erosion hazards, and wellhead protection area zones 6. Neighborhood Characteristics: I-405 Corridor abutting residential, industrial and commercial zoned properties (Exhibits 2 and 3). 7. Site Area: Approximately 8 Linear Miles of I-405 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 I-405, Renton to Bellevue Project, Stage 1 LUA17-000808 N/A 05/07/2018 I-405, Tukwila to Renton Improvement Project, Stage 3 LUA17-000810 N/A 07/11/2018 May Creek Trail Extension Project LUA19-000015 N/A 06/14/2019 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 3 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 Flatiron-Lane JV Field Office Trailer Rental / Laydown Area Project LUA19-000318 N/A 04/24/2020 I-405 Renton to Bellevue HOT - May Creek Borings LUA20-000037 N/A 02/24/2020 I-405 Renton to Bellevue – Project-Wide Borings LUA20-000058 N/A 05/19/2020 I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance LUA20-000147, V-H N/A 09/02/2020 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Title VIII, Chapter 7 Noise Level Regulations 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 widen Interstate 405 (I-405) through Renton by a single lane in each direction, make improvements at the Northeast 44th Street interchange, replace the May Creek Bridge, and correct fish passage barriers near Exit 7. Approximately 350 to 450 nights of non-consecutive nighttime work would be required between now and the physical completion of the project. The proposed nighttime work would occur Sunday through Saturday and is now anticipated to be completed by December 31, 2026. The I-405 Renton to Bellevue Widening and Express Toll Lanes project seeks to address capacity and mobility improvements to the public and users. The primary reason for conducting nighttime work is to minimize daytime traffic congestion along the I-405 corridor and protect public safety. The I-405 Renton to Bellevue Widening and Express Toll Lanes project seeks to address capacity and mobility improvements to the public and users. Work activities would include clearing and grading, paving, relocation of guardrail and jersey barriers, fish passable culvert installation, bridge demolition and construction, drainage installation, construction of new stormwater facilities, and seeding, planting, and restoration of disturbed areas. Project noise will come from construction equipment performing excavation, grading, vegetation clearing, paving operations, shaft drilling for signage/toll gantries, pavement saw cutting and drainage installation, boring for geotechnical investigations, retaining wall construction, and bridge construction. More specifically, this variance request would include completing 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. City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 4 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 j. Additional safety items such as but not limited to pedestrian and trail improvements, ADA access, and landscaping. Noise levels resulting from project construction activities are expected to generate peak noise levels of 61 to 98 decibels heard at 50 feet from the source of the noise. Sound levels are expected to diminish to a range of 45 to 83 decibels at 300 feet from the source of the noise and nighttime noise levels are not expected to be concentrated at one location for more than two (2) weeks at a time. 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 and 60 decibels, with exceedances of 5 to 15 decibels permitted 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 forklift, jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck (Exhibit 6). H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on January 3, 2024 and determined the application complete on February 2, 2024. The project complies with the 120- day review period. 2. The project site is located along Interstate 405, approximately 8 Linear Miles from Tukwila to New Castle. 3. The project site is currently developed as Interstate 405. 4. The site is mapped with regulated slopes, streams, regulated shorelines, wetlands, high seismic hazards, landslide hazards, flood hazards, high landslide hazards, high erosion hazards, and wellhead protection area zones. 5. The applicant began construction of the I-405 Renton to Bellevue Express Toll Lanes Widening Project in 2020 and construction is now expected to continue until December 31, 2026. Night time work is proposed between now and the completion of the project. The applicant is requesting approximately 350 to 450 non-consecutive nights of work to complete the widening project (Exhibit 7). 6. Staff received one (1) public comment email on February 15, 2024 (Exhibit 9). Comments pertained to lighting, noise, traffic monitoring, and providing alternative housing during the period of the requested noise variance. Staff responded to Mr. Cressy on February 20, 2024 (Exhibit 10). To further address public comment(s) the following report contains analysis and project information. 7. No other public or agency comments were received. 8. 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. 9. 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 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 5 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 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 the I- 405 corridor within Renton City Limits. According to the applicant, I-405 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 is addressing capacity and mobility improvements to the public and users. This variance is being requested to generally widen I-405 through Renton by adding through lanes, to make improvements interchange/ramp improvements, to retrofit the S 3rd St/Renton Ave S bridge, to build retaining walls and noise walls, to upgrade drainage and utilities, to rebuild ITS systems, and to improve safety along the I-405 corridor (Exhibits 4 and 5). I-405 serves as a key connector for commercial, freight and motorist uses, and mass transit within the Puget Sound area (Exhibit 8). The applicant maintains that 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 would overflow onto city arterials and local streets increasing travel time of local residents, business, transit, and school bus drivers. According to WSDOT, the Design Builder (DB) Flatiron-Lane Joint Venture (FLJV) is 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. To meet these requirements, the applicant contends that it is necessary that some of the work for this project be done at night. The applicant maintains that working at night is considered the best way to minimize the negative effects of construction. In addition, WSDOT has indicated that safety for drivers and construction workers improves when work is conducted at night. 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 needed to complete the work would include a planning grinder/milling machine, vacuum truck, air automatized stripe grinder, sweeper, backhoe, man lift/auger, boom trick with auger, hydraulic/80-100 ton crane, excavator cat 349 w/breaker, 75 KW generator, fork lift, concrete pump truck, dump/haul truck, 966 front loader, jackhammer, concrete saw, D8 dozer, 650/750 excavator, 330 hoe-pac, 935/966 front loader, compactor (roller), paver and slip form, light plants, Bauer BG 28/40 drill rig, man lift/auger, Davey DK 725/790 drill rig, skid steer, water truck, boring machine, and vibrator concrete consolidator (Exhibit 6). Staff concurs with the applicant that the location of the work within the I-405 corridor is one of the most heavily travelled roads (if not the most travelled road) through Renton. In addition, the project is expected to temporarily impact City roads, primarily main arterials. Therefore, the variance is necessary because of the special circumstances applicable to the I-405 corridor. The City would continue to work with WSDOT and FLJV on a daily basis to ensure the project would have the least amount of impact 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 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 6 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 applicant can complete the project in a more timely manner 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 while 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 City of Renton and WSDOT task force. See the Site Plan (Exhibit 2) for the location and type of night work proposed. 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 I-405 Corridor would perceive construction sounds at various decibel levels due to varying distances from the source, topography (berms or elevations changes), and other features (noise wall) that break the line of sight. For example, the applicant maintains the following points: a. Residents along I-405 that are protected by a noise wall or a natural berm that break the line of sight; b. Residents within Renton Hills, Maple Valley [Highway], Kennydale, [Coal Creek] Parkway, and [State Route 900 (SR 900)] are located behind an embankment or behind a structure that would not have a direct line of sight; c. Residents located west and east of I-405, generally the sound attenuation would 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, would experience construction sounds at some instance during the addition of the general purpose [travel lane]; and e. Residents located on local streets and arterials such as Renton Hill area would likely have direct line of sight to some items of work during construction. Noise levels projected for this project have been estimated between 61 to 98 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 83 decibels at a distance of 300 feet from the source of the noise and nighttime noise levels are not expected to be concentrated at one location for more than two (2) weeks at a time. WSDOT has proposed several noise mitigation measures to lower the risk of any noise “spikes” of unwanted sound levels noticed by residents (Exhibits 7 and 8). 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 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 7 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 the vicinity of the project site. In addition, staff 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 approval is a 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/ FLJV DB 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 a range of 350 to 450 non-consecutive nights in total, including contingency. 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 conditions 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 8) and mitigation measures in the project narrative (Exhibit 7) to follow RMC 8-7-8.D.4, Factors For Granting Variance, and are detailed below (WSDOT responses are underlined): a. Implementation of a noise monitoring program; Provide a noise monitoring program for the Renton Hill area or any area where demolition would occur at night. The noise monitoring program would be expected to include a WSDOT/FLJV complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. WSDOT /FLJV would respond to any notified City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 8 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 resident if during the notification process the residents requires special accommodations. In addition, WSDOT /FLJV would implement night time noise monitoring in all other areas if confirmed complaints are received. b. Maximum noise levels; Noise levels projected for this project have been estimated to generate peak noise levels of 61 to 98 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. WSDOT /FLJV would limit noise levels to the greatest extent practicable. Noise levels would not exceed those described in the application materials. c. Limitation on types of equipment and use of particular equipment; WSDOT /FLJV would utilize equipment as described in the noise variance application. (Exhibit 6). For example, all trucks would be secured to prevent excessive noise from banging and all trucks performing export haul would have well maintained bed liners as inspected and approved by the Engineer. d. Limitation on back-up beepers for equipment; All trucks would be equipped with ambient sensitive back up alarms. In addition, all alarms would operate under Occupational Safety and Health Administration (OSHA), Labor & Industries (L&I) rules and regulations, Washington Administrative Code (WAC), and the Revised Code of Washington (RCW). e. Required use of noise shields or barriers; WSDOT/FLJV would use temporary noise shields whenever feasible and when they are not a safety risk to I-405 users and workers. f. Restrictions to specific times and days; Night work would occur Sunday thru Saturday night starting when the variance is approved, with an expiration date of December 31, 2026. If weekend work is required, WSDOT/FLJV is proposing to notify the City at least three (3) days prior to construction activities. g. Specific requirements for documentation of compliance with the noise variance conditions; WSDOT/FLJV personnel would receive training and update of the conditions under which this variance was granted. WSDOT/FLJV would implement a night time noise monitoring if complaints are received, and monitoring reports would be made available to the city to demonstrate compliance. In addition, WSDOT would develop noise mitigation plans as soon as the Design Builder completes the construction sequence at locations where residents would 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; WSDOT /FLJV would notify, by US mail, residents within 300 feet of the sites ten (10) days prior the night work commencement. This notification would include the type of work, as well as phone number or email to request more information including specific requests or concerns. i. Required cash security to pay for inspection services to verify compliance; City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 9 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 WSDOT /FLJV would pay for inspection services as required. j. Required access to the project by the City to verify compliance with the noise variance conditions; WSDOT /FLJV would grant access to the site to City staff as required and as long as the City of Renton follows the security and safety protocol set forth by WSDOT/FLJV so they may access the work zone. k. Specific program to allow for temporary hotel vouchers to effected residents; WSDOT /FLJV would work on alternative mitigation measures to stop the inconvenience including providing hotel vouchers if earplugs and white noise machines are not sufficient, as requested by effected residents or identify state of the art measures currently in the market to minimize the impacts. l. Requirements for written verification that all workers understand the noise variance conditions for the project; WSDOT /FLJV would provide written verification prior to the first night time activity associated with this variance. In addition, WSDOT/FLJV would provide the City with an attendance sheet of workers that would participate in the 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, WSDOT is requesting that the City of Renton notify WSDOT by email or call within 24 hours of the violation occurrence. WSDOT /FLJV understand that the City may revoke the variance if conditions are violated. According to the applicant’s noise study submitted with the application, the applicant would utilize a number of mitigation measures and monitoring techniques to limit impacts on EDNA properties along the I-405 project corridor. For example, all alarms for back-up beepers for equipment would operate under OSHA, L&I rules and regulations, WAC, and RCW laws. In addition, 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 anticipated night time noise impacts on the impacted properties. In order to ensure that complaints or issues submitted by residents are adequately addressed, the contractor along with WSDOT would work on alternative mitigation measures to stop the disruption. Staff recommends, as a condition of approval, that the applicant and the Design Build Contractor implement the noise mitigation measures (listed above) for granting a variance to diminish or eliminate noise during the Renton to Bellevue Express Toll Lanes 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 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 10 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_v1 harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. Staff Comment: According to the applicant, I-405 is a major part of the transportation system of the Puget Sound area and the night work proposed is necessary to complete its funded improvement authorized by the State Legislature. WSDOT contends that the night time work 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 47 dBA permitted under the City of Renton Code. Staff concurs with the applicant that the I-405 Renton to Bellevue Express Toll Lanes Project is necessary to address capacity and mobility improvements to the public and users, as funded and authorized by the State Legislature. The project benefits outweigh the limited-term noise impacts to residents and property owners and the applicant has identified specific project measures to be implemented 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 reconstruction of existing highway structures to adapt to more current design that meets the city plans is a challenge because construction has to occur at locations where longtime residents live. Furthermore, if the work occurs during the day time there are additional impacts, such as extending the life of the project and affecting the public for longer periods of time. The applicant further contends that working at night would allow WSDOT to expedite the construction. 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. Staff Comment: Noise levels produced by construction equipment is expected to range from 61 to 98 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 83 dBA at a distance of 300 feet from the source of the noise. The applicant is requesting a total range of 350 to 450 non- consecutive nights including some contingency. Furthermore, WSDOT contends that noise levels would not be concentrated at one location for more than two (2) weeks at a time. It is anticipated by the applicant that unwanted sound would be more bothersome to those located near pile/sheet driving work, near structures that require demolition, or in areas not protected by natural or man-mad barriers. City of Renton Department of Community & Economic Development I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Staff Report to the Hearing Examiner LUA24-000001, V-H Report of February 27, 2024 Page 11 of 11 SR_WSDOT-FLJV_Noise_Variance_240227_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 I-405 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 9. J. RECOMMENDATION: Staff recommends approval of the I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance, File No. LUA24-000001, V-H, as depicted in the Site Plan (Exhibit 2), subject to the following conditions: 1. The Applicant and the Design Build Contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the Renton to Bellevue Express Toll Lanes Project, as described in the project narrative (Exhibit 7). 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. 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. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: I-405 Renton to Bellevue Express Toll Lanes Project - Noise Variance Land Use File Number: LUA24-000001, V-H Date of Hearing February 27, 2024 Staff Contact Clark H. Close Current Planning Manager Project Applicant/Contact Robert Thomas, WSDOT 777 108th Ave NE Ste. 800, Bellevue, WA 98004 Project Location I-405 Renton to Bellevue Corridor Widening and Toll Lanes Project 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 (Sheets 1-11) Exhibit 3: Neighborhood Detail Maps (Sheets 1-14) Exhibit 4: Drainage Plans Exhibit 5: Existing Utilities Plans Exhibit 6: Construction Equipment/Construction Activities List Exhibit 7: Project Narrative Exhibit 8: Variance Justification Exhibit 9: Public Comment Email from Mike Cressy, dated February 15, 2024 Exhibit 10: Staff Response Email to Mr. Cressy, dated February 20, 2024