Loading...
HomeMy WebLinkAboutOlympic Pipeline Relocation Project, 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 Noise and Haul Variance CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Olympic Pipeline Relocation Project Noise Variance LUA16-000397, V-H ) ) ) ) ) ) ) ) ) FINAL DECISION Summary Olympic Pipeline Inc. has applied for a variance from RMC 8-7-2 (noise regulations) and RMC 4-4- 030(C)(2) and (3) (construction and haul hours) in order to conduct construction work outside of restricted hours in residential areas located in the southeast corner of the intersection of SR 167 and I- 405. Construction work would occur during 100 consecutive or non-consecutive nights and days of construction during the timeframe beginning on July 1, 2016 through July 1, 2018. The variances are approved with conditions. Testimony Vicki Grover, City of Renton Civil Engineer III, summarized the staff report. The nearest residences will be located along the SR 167 north portion of the project, where the pipeline crosses between two residences. The noisiest activities will be done during the day. Lisa Bona, applicant representative, testified that pile driving was anticipated to be the noisiest activity, but since then a contractor has been selected and that contractor will not be using pile driving. The remaining noisiest portions of the project will be 24 hour pumping and loading and unloading into the wetland area. Some of the deliveries will have to be done at night. Also, for up to five days there will be a tie in between the old and new pipelines between the two homes involving cutting, welding and pumping. There is a significant amount of vegetative buffering in the wetland area in the south portion 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 and Haul Variance CAO VARIANCE - 2 2 of the project area and there is also an elevation difference between the homes to the east and the wetland area. The homes along the northern perimeter of the project area have been or will be removed, creating a noise buffer to existing residences to the south. Exhibits The June 23, 2016 Staff Report Exhibits 1-5 identified at page 3 of the Staff Report were admitted into the record during the hearing. In addition, the following exhibits were admitted during the hearing. Exhibit 6 Aerial photograph of project site Exhibit 7 Staff power point presentation FINDINGS OF FACT Procedural: 1. Applicant. Kim West, Olympic Pipeline Inc. 2. Hearing. A hearing was held on the subject application on June 28, 2016 at 10:30 am in the City of Renton Council Chambers. Substantive: 3. Project Description. Olympic Pipeline Inc. has applied for a variance from RMC 8-7-2 (noise regulations) and RMC 4-4-030(2) and (3) (construction and haul hours) in order to conduct construction work outside of restricted hours in residential areas in the southeast intersection of SR 167 and I-405. Construction work would occur during 100 consecutive or non-consecutive nights and days of construction during the timeframe beginning on July 1, 2016 through July 1, 2018. More specifically, Olympic Pipeline requests a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night, and to work outside codified construction hours (7:00 AM – 8:00 PM M-F; 9:00 AM – 8:00 PM on Saturday & No work on Sunday) and haul hours (8:30 AM – 3:30 PM M-F) per RMC 4-4-030.2 & 3, respectively in areas with residential uses. The applicant requests to work 24 hours per day, 7 days per week for approximately 3 to 4 months over a 2-year period. WSDOT’s schedule for the Direct Connect Project is driving the need to work continuously until the pipeline is relocated out of the way of the proposed roadway alignment for the Direct Connect Project. The SR-167 segment of existing pipeline is approximately 1,600 lineal feet and is proposed to be shifted approximately 60 feet or less to the east of its current location. The I-405 segment of existing pipeline is approximately 1,600 lineal feet and is proposed to be shifted approximately 150 feet or less to the south of its current location. The project area of disturbance will total about 342,900 square feet as depicted in Ex. 6. The applicant will be using some of the project area along the I-405 (Talbot Hill) area to stage equipment and material for 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 and Haul Variance CAO VARIANCE - 3 3 the SR-167 pipeline relocation. The property ownership for both project locations are a combination of WSDOT and the City of Renton. In addition to the pipeline relocation, the ap plicant will need to conduct 4 tie-ins of the new pipeline to the existing; these shut downs must be scheduled a year in advance and can only last approximately 5 days due to the demand for fuel by users. Construction equipment used during night time activities will include, but are not limited to: dump trucks, generators, portable lighting (light plants), pumps, compaction rollers, stripe grinder, back hoes and front loaders. As noted in public testimony, vibratory pile drivers will not be used for the project. 4. Neighborhood Characteristics. Surrounding areas that will be potentially affected by the noise of the proposal are primarily residential with a mix of commercial and industrial uses as well. The surrounding zoning includes R-1, R-6, R-8 and R-14, as well as Light Industrial (IL), Commercial Office (CO) and Commercial Arterial (CA). 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably practicable. As shown in Exhibit 3 and from the list of proposed equipment identified in Finding of Fact No. 3, noise levels resulting from the project construction activity would generate peak noise levels of up to 81 dBA as perceived at a distance of 50 feet from the construction equipment that generates the noise. These noise levels would be generated continuously by the pumping for the proposed five-day tie-ins. With the exception of two homes, residences on the SR 167 portion of the project will be located a considerable distance from the proposed work. Most of the homes along SR 167 will be separated by more than 250 feet of wetlands, vegetation and an elevation change where the homes are located up slope of the project site. The area west and north of the SR 167 site is highway (SR 167) and commercial use. The two homes that won’t be protected by this separation are located at the northern end of the SR 167 portion of the project. As shown in Ex. 6, the pipeline extends into a lot sandwiched between the two homes where the relocation project will only be 35 feet from the homes. The distance between the project work and homes along I-405 is not as clear, but it appears that numerous homes will only be a few feet from the project site a well. Staff testified that many homes along I-405 will or have been demolished, but from aerial photographs it appears that the homes were demolished for the project site instead of serving as a buffer to the project site. As further shown in Ex. 3, the ambient night time noise of SR 167 at a distance of 50 feet is 68 dBA. Consequently, the dBA difference between the construction work and ambient noise levels 13 dBA, although some homes will much closer to the construction work than to the adjoining freeways. In order to mitigate against these noise impacts, the applicant has proposed a list of mitigation measures, some of which include: • Noise reducing technologies around pumps/generators, such as noise shields, and other methods (after receiving complaints). • Coordination with complaints to create mutually agreeable compensation. • Provide 24 to 48 hour notice to residents via door hanger or equivalent. • Temporary relocation/compensation during the peak noise periods for local residents. (after receiving complaints). 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 and Haul Variance CAO VARIANCE - 4 4 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)). The variance to the hauling and construction hours of RMC 4-4-030(2) and (3) has apparently been consolidated with the RMC 8-7-2 variance request. See RMC 4-8-080(C)(2). 2. Review Criteria. Variance criteria for variance to RMC 8-7-2 governed by RMC 8-7-8(D). Variance criteria to variances to RMC 4-4-030(2) and (3) are governed by RMC 4-9-250(B)(5). All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. 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. RMC 4-9-250(B)(5)(a): That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; 3. The special circumstances are the proximity of SR 167 and I-405 to the adjoining homes. The proposed pipeline relocation cannot be done anywhere else. In addition, work must be done outside of the restricted hours specified by RMC 8-7-2 and 4-4-030 because the applicant must conform to a schedule imposed by WSDOT. Working conditions in the upland area (Talbot Hill) will not be as difficult as work for the SR 167 relocation which is in a wetland. The wetland work includes limited work space allowed by the U.S. Army Corps of Engineers (USACE) permit and the Washington State Department of Ecology (Ecology); limited egress/ingress on a busy highway with limited allowed land closure along SR-167 by WSDOT; Olympics’ set pipeline shutdown schedule to meet WSDOT’s Direct Connect Project schedule. Therefore, Olympic will need to work weekends and night time hours to maintain the project schedule and will need to work up to 24-hours per day for up to 5 days for the pipeline tie-in activities. Olympic also will have similar 24-hour work days for the I-405 pipeline tie-in activities in February 2017, requiring the noise variance to work outside of Renton’s standard allowed haul and work hours since the work will be completed within 300 feet of some residences. 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 and Haul Variance CAO VARIANCE - 5 5 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. RMC 4-9-250(B)(5)(b): That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; 4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are mitigated to the extent reasonable practicable under the circumstances. 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 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; 5. The City routinely approves variances for highway construction projects as there is no reasonable alternative way to enable highway construction without creating massive traffic congestion and tremendously increasing the costs of public highway projects. No special privilege is involved for this type of project. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. RMC 4-9-250(B)(5)(d): That the approval is a minimum variance that will accomplish the desired purpose. 6. The applicant has taken the measures it reasonably can to reduce noise impacts. Olympic is working with WSDOT to obtain approval to close SR-167 northbound shoulder for the project duration to allow for work during daylight hours and on the weekends. Olympic’s contractor is likely to work 6 days per week and 7 days a week if necessary to meet the schedule for the duration of each relocation project and will only add Sunday work if the schedule cannot be met or during the brief (up to 5 days) for pipeline tie-in activities currently projected to occur in October 2016 and February 2017. 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: 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 and Haul Variance CAO VARIANCE - 6 6 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. 7. Many of the mitigation measures identified above are proposed and/or incorporated into the conditions of approval. Noise shields will be used as directed by the engineer and when feasible. Trucks and equipment will use a reverse signal alarm or broad band alarm instead of back-up warning devices and if needed Olympic will employ a backup observer in work areas per British Petroleum (BP) safety protocols. The conditions of approval require that Olympic provide the City’s project manager with an after-hours noise complaint phone number and a summary of any complaints and the response provided, within 2 days of receiving the complaint. In addition, the conditions require that the applicant provide notice to the City’s project manager of the dates of expected night work, a minimum of 24 hours in advance of the work. 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 pipeline relocation project is required due to improvements WSDOT will be making to the I-405 and SR 167 interchange designed to alleviate traffic congestion. The examiner takes judicial notice that traffic congestion in this area is severe and that improvements are greatly needed to alleviate the problem. The noise impacts to residents are temporary and have been mitigated the maximum extent reasonably practicable. The proposed mitigation measures and impacts are appropriate and adequate given the strong public necessity for the highway improvements. RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 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 and Haul Variance CAO VARIANCE - 7 7 9. As noted in the staff report, there are no alternative locations available. 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 will reach levels of up to 81 dBA and the work will occur over a 24 month period on 100 consecutive or nonconsecutive days. DECISION As conditioned below, the noise variance is approved subject to the following conditions: 1. The applicant shall provide the City of Renton project manager with the phone number for after-hours noise complaints prior to commencement of construction. The complaint number shall also be provided to surrounding residents in the proposed 24- 48 hour notice to residents in Exhibit 3. The 24-48 hour notice shall be provided to the residents specified by City staff. Any complaints from within the Renton city limits will be summarized and reported to the City’s project manager within 2 days of the complaint. 2. The applicant shall implement proposed mitigation measures and develop alternate mitigation measures to diminish or eliminate noise during construction as proposed in Exhibit 3 to the extent not in conflict with these conditions of approval. 3. Noise shields will be used as directed by the engineer and when feasible. 4. The applicant shall notify the City of Renton project manager with the date and areas of expected night work prior to commencement of night work, a minimum of 24 hours in advance of the work. 5. Implementation of a noise monitoring program will be conducted nightly by the contractor and the results provided to the City’s project manager; 6. Maximum noise level readings will be included in the noise monitoring program that will be conducted nightly and these results with the type of work being conducted during the noise level readings are to be provided to the City’s project manager. DATED this 12th day of July, 2016. 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 and Haul Variance CAO VARIANCE - 8 8 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 8-7-8(F) and RMC 4-8-080 provide that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) and 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. 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.