HomeMy WebLinkAboutBenoit (I-405) ltr .' . —
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City Clerk -Jason A.Seth,CMC
April 29, 2016
Mike Benoit
City of Renton
1055 South Grady Way
Renton, WA 98057
Subject: Hearing Examiner's Decision—Final Decision
RE: I-405/SR-167 (Noise Variance), LUA-16-000212
Dear Mr. Benoit:
I have attached the City of Renton's Hearing Examiner's Final Decision dated April 26,
2016. This document is also immediately available:
• Electronically on line at the City of Renton website (www.rentonwa.gov);
• To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055
South Grady Way, between 8 am and 4 pm. Ask for the project file by the above
project number; and
• For purchase at a copying charge of $0.15 per page. The estimated cost for the
Hearing Examiner pocuments is$.90, plus a handling and postage cost (this cost
is subject to change if documents are added).
APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner
is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) 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. Appeals must be filed in writing together with
the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA
' 98057. Additional information regarding the appeal process may be obtained from the
City Clerk's Office, Renton City Hall - 7th Floor, (425) 430-6510.
RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be
filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8-
100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of
Renton, 1055 South Grady Way, Renton,WA 98057. Additional information regarding the
reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -
1055 South Grady Way• Renton,Washington 98057 • (425)430-6510/Fax(425)430-6516• rentonwa.gov
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7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon
the issuance of a reconsideration decision. '
i can be reached at (425) 430-6510 or iseth@renton�va.Qov. Thank you.
Sincerely,
.
son A. Seth
City Clerk
cc: Hearing Examiner
Vicki Grover,Civil Engineer II—Plan Review Engineer
Jennifer Henning, Planning Director
Vanessa Dolbee,Current Planning Manager ,
Craig Burnell,Building Official �
Brianne Bannwarth, Development Engineering Manager
Sabrina Mirante,Secretary, Planning Division ',
Julia Medzegian,City Council Liaison '
Parties of Record(1)
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g BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9 �
10 RE: City of Renton �
I-405/SR-167 Direct Connect Sewer FINAL DECISION
> > Relocation �
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12 Noise Variance �
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LUA16-000212, V-H )
14
t 5 Summary
�6 The City of Renton has applied for a variance from RMC 8-7-2 Noise Regulations in order to
i� conduct construction work at night in residential areas. The I-405/SR-167 Direct Connect Project
will require the relocation of City sewer mains. Due to the nature of the project scope and
�g methodology, some work may need to be conducted at night. If so, the night time construction will
, likely exceed the City's maximum environmental noise levels. The variance is approved with
19 conditions.
20 Testimony
21
Vicki Grover, Civil Engineer III, summarized the staff report. She stated the sewer relocation
22 project is a consequence of the WSDOT I-405/SR-167 Direct Connect Project. WSDOT has
already condemned several residences in the project vicinity and will require relocation of the
23 City sewer main out of the State's new highway right of way.
24 Ms. Grover stated the method the City chose for trenching and laying the new pipe is a
25 continuous process that, once started, needed to be completed in a single session. Therefore, if
the process takes longer than expected in a given day, the project may need to extend into the
26 nighttime hours. The City wil) avoid nighttime work when possible. Noise levels resulting from
the project construction would generate peak noise levels of 76 to 88 dBA as perceived at a
CONDITIONAL USE, SITE PLAN& STREET
MODIFICATION 1
1
distance of 50 feet from the noise source. The maximum dBA in the City code is 45 to 60 dBA,
2 with exceedances of 5 to 15 dBA permitted for periods of up to 15 minutes within any one-hour
period between the hours of 10:00 pm and 7:00 am. The City anticipates the construction work
3 would occur during 10 non-consecutive nights from May 1, 2016 to September 30, 2017.
4 Exhibits
5
The April 6, 2016 Staff Report Exhibits 1-8 identified at Section C of the Staff Report were
6 admitted into the record during the hearing. In addition, the following exhibits were admitted
during the hearing.
7
g Exhibit 9 City of Renton PowerPoint
9 FINDINGS OF FACT
�� Procedural:
11 1. Applicant. City of Renton.
�2 2. Hearin�. The Examiner held a hearing on the subject application on April 12, 2016 at 11:00
13 am in the City of Renton Council Chambers.
14 Substantive:
�5 3. Proiect Description. The applicant is requesting a variance from RMC 8-7-2 Noise
16 Regulations, Maximum Environmental Noise Levels in order to construct work at night in a
residential area. The I-405/SR-167 Direct Connect Project will require the relocation of City sewer
1� mains. The construction work would occur over 10 non-consecutive nights from May 1, 2016 to
September 30, 2017. The project is located along S. 14`h Street between S. 15�h Street and Smithers
18 Avenue South in Renton.
19 The Washington State Department of Transportation (WSDOT) will begin construction of the I-
20 405/SR-167 Direct Connector project later this year. As a result of the proposed expansion of the
highway limited access right-of-way, the public utilities that serve the residential neighborhood in
21 the Talbot Hill area will need to be relocated. WSDOT is responsible for the relocation of the
utilities. Because of the timing and coordination issues, the State has requested the sanitary sewer be
22 relocated prior to their contractor mobilizing onto the site. WSDOT is contracting with the City of
23 Renton to relocate the sewers.
24 The Renton sewer relocation project would consist of a trenchless method of pipe installation called
horizontal directionai drill (HDD). This methodology would be used to install approximately 800
25 lineal feet of the total 1,600 lineal feet of sewer main to be relocated. Construction equipment used
during the nighttime operations will include, but is not limited to: dump trucks, generators, portable
26 lighting (light plants), excavators, loaders, mud pumps, drill rig that conducts the horizontal
directional drilling (HDD) and a separation plant. As noted in the staff report and in hearing
CONDITIONAL USE, SITE PLAN& STREET
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testimony, this methodology is a continuous process that, once started, needs to be completed in a
2 single session. The City is not specifically scheduling night work, but work at night may be
necessary to complete a pipe laying session. Work during the nighttime hours will be avoided
3 whenever possible. The City anticipates the nighttime work exceeding the City's noise levels would
occur on no more than 10 non-consecutive nights over the course of 17 months.
4
5 4. Nei�hborhood Characteristics. Development is characterized by single family residences to
the south and the 1-405 right of way to the north.
6
5. Adverse Impacts. The noise generated by the proposal will not create significant impacts to
� residents in the vicinity. Noise levels resulting from the project construction activity would generate
g peak noise levels of 76 to 88 dBA as perceived at a distance of 50 feet from the proposed pipe
alignment. As noted in the staff report, the topography and actual distance to the nearest residence
9 will likely reduce the noise impact below the peak noise levels experienced closer to the project. The
applicant has also proposed all of the mitigation measures (See Ex. 2 and 5) that can be reasonably
10 required of an applicant, as demonstrated by the fact that the same exhaustive list of mitigation
measures has been proposed and adopted in prior Renton examiner decisions. The only other
11 mitigation that could be considered would be requiring the construction work to be done during the
12 day. The City will perfor►n work during the day to the maximum extent possible. The trenchless
method requires a continuous flow. Stopping and starting the process, once started, is very difficult
13 and endangers the success of the operation. Therefore, the City may occasionally need to work into
the nighttime hours to complete installation of a pipe section that is in progress.
14
15 Conclusions of Law
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l. Authoritv. Noise variances in excess of two days in duration are subject to a public hearing
1� and Hearing Examiner review(RMC 8-7-8(A) and (C)).
1 g 2. Zonin�/Comprehensive Plan Desi�nations. The subject is located in the Residential-6 (R-6)
]9 and Residential-8 (R-8) zones. The Comprehensive Plan Land Use Designation is Residential
Medium Density (RMD).
20
21 3. Review Criteria. Noise variance criteria are governed by RMC 8-7-8(D). All applicable
criteria are quoted below in italics and applied through corresponding conclusions of law.
22
The decision maker in assin u on an a lication r a v r"
p g p pp fo a rance, shall consider all technical
' 23 evaluations, all relevant factors and standards specifred in other sections of this Chapter, and in
addition thereto shall consider the ollowin , none o which i.s mandato or the antin o the
24 .f g .f �1'.f g'" S .�
variance:
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RMC 8-7-8(D)(1): That the applicant sa ffers practical di�culties and unnecessary hardship and the
26 variance is necessary because of special circumstances applicable to the applicant's property or
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project, and that the strict application of this Chapter will deprive the subject property owner or
2 applicant of rights and privileges enjoyed by others.
3 4. As noted in Finding of Fact No. 4, the City needs to relocate the sewer main in anticipation of
4 the WSDOT I-405/SR-167 Direct Connect Project. Without the highway expansion, the City would
not need to relocate the sewer line. The City has chosen a method called trenchless drilling for the
5 sewer project. This methodology requires horizontal directional drilling, a process that must be
completed in a continuous flow of work as the drill bit pulls the pipe into place as it progresses
6 forward. The process cannot be stopped mid-stream without undue difficulty in restarting it later.
While the City is not specifically scheduling night work, if unforeseen delays occur during the
� drilling process, the project may need to continue into the nighttime hours. Approximately 800 lineal
g feet of 12-inch sewer main will be installed in this manner. This criterion is met.
9 RMC 8-7-8(D)(2): That the granti�rg of the variance will not be materially detrimental to the parblic
health, welfare or safery, or unduly injuriozrs to the properry or improvements in the vicinity of the
�� location for which this variance is soarght.
il
5. As determined in Finding of Fact No. 5, as conditioned and mitigated, there are no adverse
12 impacts associated with the proposal, so it will not result in substantial or undue adverse effects on
13 adjacent property. The noise from the HDD construction method would occur during a maximum of
10 non-consecutive nights over the course of 17 months. The relocation of the sanitary sewers would
14 allow for the continued provision of a public health service to the residents of Talbot Hill as the
15 WSDOT project proceeds. As mitigated, the impact to the nearby residences will be minimized to the
extent possible. The public health, welfare and safety will not be impacted.
16
RMC 8-7-8(D)(3): That the variance sought is the minimtrm variance which will accomplish the
�� clesired pt�rpose.
�g 6. As noted in the staff report, the staff feel the request is the minimum necessary to complete
19 the sewer relocation project while allowing for unexpected contingencies during construction.
Mitigation measures to reduce impacts have been proposed (Ex. 2 and 5). As noted above, the City
20 will avoid nighttime work whenever feasible. This criterion is met.
2I RMC 8-7-8(D)(4): That the variance contains sarch conditions deemed to be necessary to limit the
22 impact of the variance on the residence or property owners impacted by the variance. The variance
approval may be sarbject to conditions incluc�ing, btrt not limited to, the following:
23
a. Implementation of a noise monitoring program;
24 b. Maximum noise levels;
25 c. Limitation on types of equipment and zrse of particular ec�uipment;
d. Limitation on back-irp beepers for eqa�ipment;
26 e. Required zrse of noise shields or barriers;
f. Restrictions to specific times and days;
CONDITIONAL USE, SITE PLAN& STREET
MODIFICATION 4
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g. Specific requirements for docz�mentation of compliance with the noise variance
2 conditions;
h. Specific requirements for notification to nearby residents;
3 i. Reqarired cash security to pay for inspection services to ver�compliance;
j. Reqa�ired access to the project by the Ciry to verify compliance with the noise variance
4 conditions;
5 k. Specific program to allow for temporary hotel vouchers to effected residents;
l. Reqz�irements for written verification that all workers arnderstand the noise variance
( conditions for the project; and
m. Provision allowing the Ciry to immediately revoke the variance approval if the
7 variance conditions are violated.
g 7. As determined in Finding of Fact No. 4, the City has proposed mitigation measures to address
9 each of the listed issues (See Ex. 2 and 5). Conditions of approval will require the City implement
each of the proposed mitigation measures.
10
RMC 8-7-8(D)(5): The importance of the services provided by the facility creating the noise and the
� 1 other impacts caa�sed to the public safety, health and x�elfare balanced against the harm to be
12 sarffered by residents or property owners receiving the increased noise permrtted trnder this variance.
13 8. The City is moving the sewer line to accommodate the expansion of the state highway system.
14 The City's sewer system is an essential utility that promotes the public safety, health and welfare.
The short term noise impacts created by the sewer relocation are minor in comparison to the large
15 public benefits provided by an efficient and safe highway system and are necessary to continue
provision of the sewer utility. This criterion is met.
16
I� RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed
arse which will generate the noise.
18
9. As noted above, the specific location of the sewer relocation is necessitated by the state
�9 highway expansion. The City's sewer utility cannot be located in the State's highway right of way.
20 As noted in the staff report, the City and WSDOT worked together to determine the best alignment
for the new sewer. The proposed pipe laying methodology is the most efficient means of
21 accomplishing the sewer relocation. The criterion is met.
22
RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the
23 variance and the extent and dzrration of the variance.
24 10. As determined in Finding of Fact No. 5, noise levels resulting from the project construction
25 would generate peak noise levels of 76 to 88 dBA as perceived at a distance of 50 feet from the noise
source. The maximum dBA in the City code is 45 to 60 dBA, with exceedances of 5 to 15 dBA
26 permitted for periods of up to 15 minutes within any one-hour period between the hours of 10:00 pm
CONDITIONAL USE, SITE PLAN& STREET !,
MODIFICATION 5
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and 7:00 am. The City anticipates the construction work would occur during 10 non-consecutive
2 nights from May l, 2016 to September 30, 2q17. The City will avoid nighttime work whenever
3 feasible. I
4 DECISION I
5 As conditioned below,the noise variance is approved subject to the fallowing conditions:
6 1. The applicant shall comply with the mitigation measures listed on page 3 of Ex. 2 and all of
7 the bulIeted mitigation measures listed on page 2 in the staff report(Ex. I).
g 2. The appiicant shali comply with the three recommended conditions of appraval tisted an
page 7 af the staff report (Ex. 1).
9
l� DATED this 26th day of April, 2016.
I1 �- _.
12 � ,,,'„_-�`� �_�c.��.c.(.�.
13 Emily Terrell 1
City of Renton Hearing Examiner
l4
Appeat Right and Valuatian Notices
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�b RMC 8-7-5(F) provides that the final decision of the Hearing Examiner is subject to appeal to the
Renton City Council. RMC $-7-8(F) requires appeals of the Hearing Examiner's decision to be
�7 filed within fourteen (14) calendar days from the date of the Hearing Examiner's decision.
Additional information regarding the appea( process may be abtained from the City Clerk's Office,
1 g Renton City 1-iall —7`h floor, (425)430-65 I 0.
�`� Affected property owners may request a change in valuation for property tax purposes
2Q natwithstanding any program of revaluation.
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C4NDITIONAL IJSE, SITE PLAN& STREET
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