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HomeMy WebLinkAboutHEX Decision - Noise Variance I-405 Widening1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: I-405 Renton to Bellevue – Express Toll Lanes Project Noise Variance PR17-000278 ) ) ) ) ) ) ) ) ) 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 2 2 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 3 3 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 4 4 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 5 5 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 6 6 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 7 7 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 8 8 RMC 8-7-8(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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 9 9 Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.