Loading...
HomeMy WebLinkAboutCity of Renton I-405/SR-167 Direct Connect Sewer Relocation, Noise Variance1 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 CONDITIONAL USE, SITE PLAN& STREET MODIFICATION CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: City of Renton I-405/SR-167 Direct Connect Sewer Relocation Noise Variance LUA16-000212, V-H ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The City of Renton has applied for a variance from RMC 8-7-2 Noise Regulations in order to 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 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 conditions. Testimony Vicki Grover, Civil Engineer III, summarized the staff report. She stated the sewer relocation 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 City sewer main out of the State’s new highway right of way. Ms. Grover stated the method the City chose for trenching and laying the new pipe is a 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 nighttime hours. The City will 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 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 CONDITIONAL USE, SITE PLAN& STREET MODIFICATION CAO VARIANCE - 2 2 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 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 would occur during 10 non-consecutive nights from May 1, 2016 to September 30, 2017. Exhibits The April 6, 2016 Staff Report Exhibits 1-8 identified at Section C of the Staff Report were admitted into the record during the hearing. In addition, the following exhibits were admitted during the hearing. Exhibit 9 City of Renton PowerPoint FINDINGS OF FACT Procedural: 1. Applicant. City of Renton. 2. Hearing. The Examiner held a hearing on the subject application on April 12, 2016 at 11:00 am in the City of Renton Council Chambers. Substantive: 3. Project Description. The applicant is requesting a variance from RMC 8-7-2 Noise 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 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. 14th Street between S. 15th Street and Smithers Avenue South in Renton. The Washington State Department of Transportation (WSDOT) will begin construction of the I- 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 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 relocated prior to their contractor mobilizing onto the site. WSDOT is contracting with the City of Renton to relocate the sewers. The Renton sewer relocation project would consist of a trenchless method of pipe installation called horizontal directional drill (HDD). This methodology would be used to install approximately 800 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 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 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 CONDITIONAL USE, SITE PLAN& STREET MODIFICATION CAO VARIANCE - 3 3 testimony, this methodology is a continuous process that, once started, needs to be completed in a 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 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. Neighborhood Characteristics. Development is characterized by single family residences to the south and the I-405 right of way to the north. 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 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 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 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 mitigation that could be considered would be requiring the construction work to be done during the day. The City will perform 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 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. Conclusions of Law 1. Authority. Noise variances 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. Zoning/Comprehensive Plan Designations. The subject is located in the Residential-6 (R-6) and Residential-8 (R-8) zones. The Comprehensive Plan Land Use Designation is Residential Medium Density (RMD). 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. The decision maker, in passing upon an application for a variance, shall consider all technical evaluations, all relevant factors and standards specified in other sections of this Chapter, and in addition thereto shall consider the following, none of which is mandatory for the granting of the variance: 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 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 CONDITIONAL USE, SITE PLAN& STREET MODIFICATION CAO VARIANCE - 4 4 project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. 4. As noted in Finding of Fact No. 4, the City needs to relocate the sewer main in anticipation of 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 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 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 feet of 12-inch sewer main will be installed in this manner. This criterion is met. 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. 5. As determined in Finding of Fact No. 5, as conditioned and mitigated, there are no adverse impacts associated with the proposal, so it will not result in substantial or undue adverse effects on 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 allow for the continued provision of a public health service to the residents of Talbot Hill as the 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. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 6. As noted in the staff report, the staff feel the request is the minimum necessary to complete 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 will avoid nighttime work whenever feasible. This criterion is met. 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; 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 CONDITIONAL USE, SITE PLAN& STREET MODIFICATION CAO VARIANCE - 5 5 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. 7. As determined in Finding of Fact No. 4, the City has proposed mitigation measures to address each of the listed issues (See Ex. 2 and 5). Conditions of approval will require the City implement each of the proposed mitigation measures. 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. 8. The City is moving the sewer line to accommodate the expansion of the state highway system. 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 public benefits provided by an efficient and safe highway system and are necessary to continue provision of the sewer utility. This criterion is met. RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 9. As noted above, the specific location of the sewer relocation is necessitated by the state highway expansion. The City’s sewer utility cannot be located in the State’s highway right of way. 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 accomplishing the sewer relocation. The criterion is met. 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. 10. As determined in Finding of Fact No. 5, noise levels resulting from the project construction 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 permitted for periods of up to 15 minutes within any one-hour period between the hours of 10:00 pm 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 CONDITIONAL USE, SITE PLAN& STREET MODIFICATION CAO VARIANCE - 6 6 and 7:00 am. The City anticipates the construction work would occur during 10 non-consecutive nights from May 1, 2016 to September 30, 2017. The City will avoid nighttime work whenever feasible. DECISION As conditioned below, the noise variance is approved subject to the following conditions: 1. The applicant shall comply with the mitigation measures listed on page 3 of Ex. 2 and all of the bulleted mitigation measures listed on page 2 in the staff report (Ex. 1). 2. The applicant shall comply with the three recommended conditions of approval listed on page 7 of the staff report (Ex. 1). DATED this 26th day of April, 2016. ________________________________ Emily Terrell 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) 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. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.