HomeMy WebLinkAboutD_HEX_Noise Variance I-405 Widening_202403201
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Noise Variance
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: I-405 Renton to Bellevue –
Express Toll Lanes Project
Noise Variance
PR17-000278
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FINAL DECISION
Summary
The Washington State Department of Transportation (“WSDOT”) has applied for a noise variance from
RMC 8-7-2 in order to widen I-405 through Renton by a single lane in each direction, make
improvements at the NE 44th St interchange, replace the May Creek Bridge, and correct fish passage
barriers across I-405 in the vicinity of Exit 7. Approximately 350 to 450 nights of non-consecutive
nighttime work would be required between now and the completion of the project, anticipated to be
December 31, 2026. The variance is approved subject to conditions.
This variance approval is essentially a two-year extension of a four-year noise variance granted for the
same project in 2020. The 2020 variance expires on December 31, 2024. Public comments suggest
that noise impacts from the project have not been as innocuous as anticipated. One person noted the
noise was “unbelievably loud” and that WSDOT was unresponsive to his complaints. Another
commentator requested tempered glass. Ultimately, WSDOT does still appear to take all reasonable
measures available to mitigate against noise impacts, up to hotel vouchers for persons unreasonably
affected by the construction noise. Given the fairly long list of mitigation measures employed by
WSDOT, tempered glass is not found to be a reasonable condition to require of WSDOT. Ultimately,
WSDOT has a complaint line and it must notify the City of all the complaints it receives. If the City
finds that WSDOT is not effectively addressing noise impacts as required by this decision, the City can
revoke the noise variance approval.
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During the hearing there was a considerable amount of discussion about permanent noise walls as
mitigation. WSDOT has a set of protocols it uses to determine when it is reasonable to install noise
walls. WSDOT is currently working with one resident representing a condominium development who
appeared at the hearing requesting a noise wall. Since the noise wall appears to be more geared towards
permanent noise impacts as opposed to construction noise, that issue is left to resolve between WSDOT
and the resident. The scope of this review is limited to construction noise and doesn’t include any
permanent noise that results from that construction project. Permanent noise has already been
addressed in the environmental review for the project.
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 ten 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 11, City of Renton COR maps of the site as
Ex. 12 and Google Maps of the site as Ex. 13. March 2, 2024 email from Simone Frassanito is
admitted as Exhibit 14, a March 7, 2024 response email from Erin Krutz is admitted as Exhibit 15 and
a March 8, 2024 email response email from Calrk Close is admitted as Exhibit 16.
Findings of Fact
Procedural:
1. Applicant. WSDOT, Robert Thomas, 777 108th Avenue NE, St. 405, Bellevue, WA 98004
2. Hearing. A virtual hearing was held on the subject application on February 27, 2024 at 11:00
am in the City of Renton, Zoom Meeting ID No. 946 7233 4580. The record was left open through
March 8, 2024 for additional public comment.
Substantive:
3. Project Description. (“WSDOT”) has applied for a noise variance from RMC 8-7-2 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 NE 44th St interchange, replace the May Creek
Bridge, and correct fish passage barriers across I-405 in the vicinity of Exit 7. The I-405 Renton to
Bellevue widening and Express Toll Lanes project seeks to address capacity and mobility improvements
to the public and users. Approximately 350 to 450 nights of non-consecutive nighttime work would be
required between now and the completion of the project, anticipated to be December 31, 2026. The
primary reason for conducting nighttime work is to minimize daytime traffic congestion along the I-405
corridor.
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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). 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.
Noise levels resulting from project construction activities are expected to generate peak noise levels of
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. 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).
The requested noise variance is essentially a two year extension of a four year noise variance granted
for the project in 2020.
3. Neighborhood Characteristics. The drilling will occur within hearing distances of areas abutting
I-405 in Renton that are zoned residential, industrial and commercial. The most directly affected
properties are identified in the aerial photograph admitted as Ex. 3.
5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably
practicable. 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.
WSDOT will provide advance notice to affected property owners of the construction work along with
a complaint number should the noise still be a problem. In a worst case, WSDOT will provide hotel
accommodations if no other noise prevention mitigation proves effective. At hearing, WSDOT noted
that it had received a handful of complaints per month for the on-going I-405 work. WSDOT will first
try measures such as ear plugs and if that doesn’t work they ultimately can provide the hotel vouchers.
WSDOT has not yet had to resort to hotel vouchers for the project. As previously identified, no work
will occur for more than two continuous weeks in any one location. Notice is sent out to neighbors
within a 500 foot radius of any specifically anticipated construction work. At hearing, WSDOT
testified that WSDOT sent out notices about 50 times over the last four years of the construction project.
The reason that WSDOT concluded that potentially affected residents should not perceive an
appreciable increase in freeway background noise is because of distance from the proposed project
activities to the residences and intervening structures and topography. WSDOT contends that the sound
generated from the construction work will decrease by 6-dBA 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 obj ect
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,
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topography (berms or elevations changes), and other features (noise wall) that break the line of sight.
For example, sound attenuation for residents of Renton Hills and May Creek could perceive a lower
level of noise due to homes being located behind an embankment or behind a structure that would not
have a direct line of sight.
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.
The project will be conducted by Flatiron-Lane Joint Venture (FLJV), the design builder awarded the
contract for the project. WSDOT has proposed several noise mitigation measures to lower the risk of
any noise “spikes” that could be noticed by residents. WSDOT has proposed a series of mitigation
measures. These measures are adopted as Conditions of Approval for this Decision as follows:
1. Provide a WSDOT/FLJV complaint number as well as a list of designated contact persons for
the purpose of forwarding complaints. WSDOT/FLJV shall respond to any notified resident if
during the notification process the residents requires special accommodations. WSDOT/FLJV
shall implement nighttime noise monitoring in all other areas if confirmed complaints are
received.
2. WSDOT/FLJV shall limit noise levels to the greatest extent practicable. Noise levels shall not
exceed those described in the application materials.
3. WSDOT/FLJV shall utilize equipment as described in the noise variance application (Exhibit
6). Truck tailgate banging is prohibited. All trucks shall be secured to prevent excessive noise
from banging. All trucks performing export haul shall have well maintained bed liners as
inspected and approved by the Engineer.
4. All trucks shall be equipped with broadband back up alarms.
5. WSDOT/FLJV shall use temporary noise shields whenever feasible and when they are not a
safety risk to I-405 users and workers.
6. WSDOT/FLJV shall adhere to specific times and days, as required by noise variance conditions.
7. WSDOT/FLJV personnel shall receive training and updates of the conditions under which this
variance was granted. WSDOT/FLJV shall implement nighttime noise monitoring if complaints
are received, and monitoring reports shall be made available to the City to demonstrate
compliance.
8. WSDOT /FLJV shall notify, by US mail, residents within 300 feet of the sites ten (10) days
prior the night work commencement. This notification shall include the type of work, as well
as phone number or email to request more information including specific requests, concerns or
complaints. Complaints shall be addressed within 24 hours or one business day.
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9. WSDOT/FLJV shall pay for inspection services as required.
10. WSDOT /FLJV shall grant access to the site to City staff as required.
11. WSDOT/FLJV shall provide hotel vouchers if earplugs and white noise machines are not
sufficient, as requested by effected residents prior to commencement of excessively noisy
nighttime work or within 24 hours of receiving a complaint.
12. WSDOT /FLJV shall provide written verification prior to the first nighttime activity associated
with this variance.
13. WSDOT /FLJV is notified that the City may revoke the variance if conditions are violated.
14. 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.
15. The applicant shall post nighttime work on the WSDOT Web/Internet site so residents have
digital access to information that the City of Renton might see as appropriate.
As addressed in Conclusion of Law No. 6, RMC 8-7-8(D)(4) includes some suggested mitigation
measures that have not been recommended in the staff report. The omitted mitigation measures are
code enforcement tools designed to facilitate staff oversight of compliance with noise mitigation
measures, such as cash security for inspections, staff access to the project site and the right to revoke
the variance upon noncompliance. The mitigation measures from RMC 8-7-8.D.4 omitted from the
staff recommendation are not found necessary to further minimize impacts and therefore will not be
imposed by this Decision.
6. Practical Difficulties and Special Circumstances. The variance is necessary to avoid daytime
I-405 closures that would cause significant traffic congestion that would likely spill over onto City
streets.
According to the WSDOT, I-405 is a major part of the Puget Sound Transportation system. The I-405
Renton to Bellevue widening and Express Toll Lanes project will reduce severe congestion. The project
represents road widening and intersection improvements along the entire length of I-405 in the City of
Renton. No alternative locations are possible.
WSDOT 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 frustrated I-405 users encounter daytime
closures, there is a high risk that traffic would overflow onto city arterials and local streets increasing
travel time of local residents, business and transit, and school bus drivers. In addition, WSDOT has
indicated that safety for drivers and construction workers improves when work is conducted at night.
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The requested variance would enable the project to be completed without exacerbating existing day
time congestion.
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 I-405 to adjoining homes and the critical need
for night-time work to complete I-405 expansion. City and WSDOT staff have concluded that closing
off sections of I-405 during daytime hours would severely and unacceptably increase congestion both
in the I-405 corridor and surrounding City streets. The project is required to reduce the severe
congestion on I-405 during daytime hours. Strict application of the City’s noise regulations would
deprive WSDOT of the ability to construct its development in a manner that is compatible with the
interests of the surrounding community. 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 by project phase. It is recognized that each residence may experience multiple periods of
nighttime noise over the course of the project as it progresses by phase. However, the duration of each
of these periods is short and should be spread out over the nearly four years of the project life.
Ultimately, the mitigation measures require the applicant to provide hotel accommodations if the noise
proves too much for adjoining property owners. In this regard, beyond the temporary inconvenience of
relocation, the noise impacts are completely mitigated and as a result, the granting of the variance would
not be considered materially detrimental to the public welfare or injurious to surrounding properties or
improvements.
RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
desired purpose.
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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 I-405 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 reducing I-405 congestion,
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 g, i, j and m. 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. 6, the need for the variance is critical to helping WSDOT
alleviate congestion in a significant transportation corridor and 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.
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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 roadway widening and ramp improvements are necessary
to reduce severe congestion on I-405. There is no other alternative location these structures could be
constructed.
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. The extent and duration of noise impacts do not appear to be significant. As noted in Finding
of Fact No. 5, 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 proposing
a total of up to 450 non-consecutive nights to complete the work (up to December 31, 2024). The
greatest number of nights that any one residence will be exposed to noise exceeding nighttime standards
will be fourteen nights per project phase. The same residence may experience multiple periods of
increased noise beyond the noise standard. WSDOT contends that with its proposed mitigation the
noise levels will not be perceived as significantly more than the existing background noise of I-405.
However, noise levels should be reduced or mitigated by the proposed mitigation measures (Ex. 7) and
additional condition of approval as described in FOF No. 5.
DECISION
The proposed variance is justified for the reasons identified in the Conclusions of Law above and is
thereby approved subject to the 15 conditions listed in Finding of Fact No. 5.
ORDERED this 20th day of March 2024.
Phil A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
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.
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Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
I-405 Renton to Bellevue Express Toll Lanes
Project - Noise Variance
Project Number:
LUA24-000001, V-H
Date of Hearing
February 27, 2024
Staff Contact
Clark H. Close
Current Planning
Manager
Project Contact/Applicant
Rob Thomas
Washington State Department
of Transportation
777 108th Ave NE, Suite 800
Bellevue, WA 98004
Project Location
I-405 Renton to Bellevue
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-9: As shown in the Staff Report to the Hearing Examiner
Exhibit 10: Staff PowerPoint
Exhibit 11: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 12: Google Earth, https://www.google.com/earth/