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HomeMy WebLinkAboutAmended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VHDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Noise Variance Hex Report LUA16-000770, V-H SUPPLEMENTAL REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: November 9, 2016 Project Name: WSDOT I-405/SR 167 Direct Connect (aka I-405/SR 167 Direct Connector Interchange) Noise Variance, LUA16-000770 VH Project Number: LUA16-000770, V-H Hearing Date: November 8, 2016 Project Manager: Rohini Nair, Civil Engineer III Owner: Washington State Department of Transportation Applicant: Linda Cooley, WSDOT, 600 108th Ave NE, Suite 405, Bellevue, WA 98004 Contact: Same as Applicant Project Summary: The supplemental staff report is being provided to include revised information that was provided by the applicant to the City after the staff report (report date November 1, 2016) was sent to the Hearing Examiner and this information was mentioned by the applicant at the Hearing on November 8, 2016. The supplemental staff report also provides the clarification that the variance from RMC 4-4-030 is required only for the portion of the project work located within the City limits that requires an approved city construction or building permit. The initial project application had included the 24 hour 7 days a week work schedule, and this was mentioned in the notice that was published in the Renton Reporter on October 21, 2016. After the publication was sent to the newspaper, the applicant informed the City that the 24 hour 7 days a week work schedule was incorrect, and revised the project work schedule to Monday through Sunday from 8:00pm to 5:00 am and stated that work would not be done on the following seven holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and on December 25th. The project postings, mailings to the residents, and staff report to the Hearing Examiner were prepared with the revised project schedule as requested by the applicant. Subsequent to the postings, mailings, and sending the staff report to the Hearing Examiner, the applicant requested that the work schedule be changed back to the 24-hour, 7 days a week schedule. The formal request was presented by the applicant at the Hearing on November 8, 2016. The project limits, the project time frame, and project work are consistent with the information included in the staff report dated November 1, 2016. However, the revised 24- hour, 7 days a week project schedule work is evaluated in this supplemental report. A clarification is also provided that the variance from RMC 4-4-030 is required only for the portion of the project work located within the City limits that requires an approved city construction or building permit. Additionally, two public comment letters (Exhibits 11 and 12) that were received after the staff report was sent to the Hearing Examiner, along with the respective staff response letters (Exhibits 13 and 14) are included as exhibits in this report. One additional party of record request was also received after the staff report was sent to the Hearing Examiner. Exhibit 9 (revised Exhibit 7) and Exhibit 10 (revised Exhibit 3) that were provided by the applicant at the Hearing are also included in this report. Project Location: Information is consistent with the report dated November 1, 2016 for the same project. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 2 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH B. PROJECT DESCRIPTION/BACKGROUND: The work elements and the project limits are consistent with the information included in the staff report dated November 1, 2016. However, the revised 24 hours a day 7 days a week project schedule is evaluated in this report. C. EXHIBITS: The following exhibits 1 through 7 were entered into the record. Exhibit 9 (revised Exhibit 7) and Exhibit 10 (revised Exhibit 3) and the new exhibits 8 , and 11 through 15 are being included into the record: Exhibit 1: Report to Hearing Examiner Exhibit 2: Location of proposed WSDOT I-405/SR 167 Direct Connect aka I-405/SR 167 Direct Connector Interchange project, and associated work on City Street Exhibit 3: Table – Types of equipment - Noise Levels (dBA) - Proposed Mitigation Measures. Exhibit 4: Plans of proposed WSDOT I-405/SR 167 Direct Connect aka I-405/SR 167 Direct Connector Interchange project work Exhibit 5: Project narrative from WSDOT on September 30, 2016, requesting the variance and Justification for the Noise Variance Request Exhibit 6: Clarification email from WSDOT regarding work days, work hours, and work in City ROW Exhibit 7: Noise Monitoring Plan for nighttime construction from WSDOT Exhibit 8 Satff power point presentation at the Hearing Exhibit 9: Revised Exhibit 7, Noise Monitoring Plan for nighttime construction – submitted by applicant at the Hearing. Exhibit 10: Revised Exhibit 3, Table – Types of equipment - Noise Levels (dBA) - Proposed Mitigation Measures, submitted by applicant at the Hearing Exhibit 11 Public comment letter from Mr. Hernandez that expressed concerns regarding the construction noise and included a question if there was temporary fund for resident relocation during the construction. Exhibit 12 Public comment letter from Ms. Irvine which expressed concerns over coal mines, pollution, dust and damage to homes (not noise and construction hours concerns). Exhibit 13: Staff response letter to Mr. Hernandez Exhibit 14: Staff response letter to Ms. Irvine Exhibit 15 Supplemental Staff report D. FINDINGS: Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request: A. The noise variance request of this supplement staff report includes a Variance from RMC 8-7-2 (Maximum Environmental Noise Levels) for intermittent work for an increased work schedule of 24 hours a day 7 days a week, over 845 non-consecutive nights over a period of 36 months from City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 3 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH November 22nd 2016 to November 21st 2019. Noise Variance is required for work between 10:00 pm and 7:00 am. B. Variance from RMC 4.4.030.C.2&3 (Construction Standards in Development Code). The construction variance request in this supplemental staff report includes a revised project work schedule of 24 hours a day 7 days a week, from November 22nd 2016 to November 21st 2019. The RMC 4-4-030 C is applicable only for the portion of the project work located within the City limits that requires an approved city construction or building permit. 2. Variances: The proposal requires a public hearing with the Hearing Examiner in order to consider the two variances. 3. Existing Land Uses: The existing land uses are consistent with the land uses included in the staff report dated November 1, 2016 that was submitted for the same project. 4. Zoning: The zoning is consistent with the information that was included in the staff report dated November 1, 2016 that was submitted for the same project. E. CONSISTENCY WITH VARIANCE CRITERIA: A. NOISE VARIANCE Section 8-7-8.D. Lists 7 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Noise Variance application. These include the following: The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: 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. Staff analysis for this condition is consistent with the analysis that was provided in the staff report dated November 1, 2016 and remains unchanged. 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. Two public comment letters and one additional party of record request were received after the staff report was sent to the Hearing Examiner. The public comment letter from Mr. Hernandez mentioned concerns regarding the construction noise and included a question if there was temporary fund for resident relocation during the construction. A public comment letter from Ms. Irvine was received which expressed concerns over coal mines, pollution, dust and damage to homes, which are not noise and construction hours concerns. Staff has sent response letters to both Mr. Hernandez and Ms. Irvine. Staff recommended condition 4 and 5 will address the noise concerns expressed in the public comments and will help to ensure City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 4 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH that the project will not detrimentally affect public health, welfare or safety. The original staff recommendations that the applicant shall implement proposed noise mitigation measures to diminish or eliminate noise during construction and that additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary, are still applicable. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. Staff analysis for this condition is consistent with the analysis that was provided in the staff report dated November 1, 2016 and remains unchanged. 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. Implementation of “approved” bed liners in dump trucks; g. Restrictions to specific times and days; h. Specific requirements for documentation of compliance with the noise variance conditions; i. Specific requirements for notification to nearby residents; j. Required cash security to pay for inspection services to verify compliance; k. Required access to the project by the City to verify compliance with the noise variance conditions; l. Specific program to allow for temporary hotel vouchers to affected residents; m. Requirements for written verification that all workers understand the noise variance conditions for the project; and n. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. The applicant provided a revised noise monitoring plan at the Hearing on November 8, 2016. Staff recommends that the noise monitoring program be implemented by the contractor, along with the additional requirement that the noise measurements representing highest noise levels for the construction activity be taken, and the results provided to the City’s project manager. Staff has also removed the recommendation to restrict the Saturday and Sunday work mentioned in the report dated November 1, 2016, as this recommendation is not applicable for the noise variance. This recommendation is applicable City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 5 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH to the construction variance from RMC 4-4-030 and is included in the analysis for the construction variance within this supplemental staff report. The following original staff recommendations are still applicable on the project:  The applicant shall provide the City of Renton project manager with the phone number for after- hours noise complaints prior to commencement of construction and that any complaints within the Renton city limits will be summarized and reported to the City's project manager within 5 days of the complaint..  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,  The applicant shall provide temporary motel vouchers to affected residents for the nights of the proposed noise variance work when noise impacts cannot be reasonably mitigated (by ear plugs or white noise generators) to levels that enable the residents to reasonably sleep at their homes,  Advance notification of the construction work should be provided to the affected residents two weeks ahead of the work by door hangers and/or mailings. 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. Staff analysis for this condition is consistent with the analysis that was provided in the staff report dated November 1, 2016 and remains unchanged. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff analysis for this condition is consistent with the analysis that was provided in the staff report dated November 1, 2016 and remains unchanged. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Analysis: The noise variance is requested for 845 non-consecutive nights over a 36 month period from November 22, 2016 to November 21, 2019 for intermittent work. The revised noise levels submitted by the applicant during the Hearing on November 8, 2016, included noise levels ranging from 64 to 90 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range from 52 to 79 decibels at a distance of 200 feet from the source of the noise. The proposed work will be an intermittent mobile construction operation, meaning that noise sources and construction equipment will City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 6 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH be operating at different locations along the project area during the 845 working nights. This mobile operation will mean that each individual resident will not be impacted for all 845 working nights. B. DEVELOPMENT REGULATIONS VARIANCE Section 4-9-250.5 lists 4 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Variance application. These include the following: The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: 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. This supplemental report clarifies that the variance from RMC 4-4-030 is required only for the portion of the project work located within the City limits that requires an approved city construction or building permit. Traffic detours during the daytime with peak travel demand will have the potential to spike congestion in the City streets and would affect the traffic flow. Consequently, working at nights on weekdays and weekends will allow residents, and drivers to maintain adequate travel times during the weekdays. 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. The changes in the staff comments from the analysis included in the staff report dated November 1, 2016 for the same project includes a clarification that the variance from RMC 4-4-030 is required only for the portion of the project work located within the City limits that requires an approved city construction or building permit and include the following: To prevent any construction related hardship to adjacent residents during holidays, or during work outside of code allowed hours, staff recommends the following conditions for the portion of work located within the City limits that requires an approved city construction or building permit:  Permitted construction work within the City limits not be allowed on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and on December 25th.  If complaints are received by WSDOT and/or the City regarding the permitted construction or building work within city limits, on Saturdays and Sundays in a residential zone within 300 feet of City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 7 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH the project, and if the applicant does not satisfactorily address the concerns mentioned in the complaint, then the City may consider a reduction in work hours.  The original staff recommendation that required traffic control plans to be submitted and approved by the City Transportation section prior to the start of work on City streets is still applicable. If any complaints are received from residents, the contractor along with WSDOT will propose measures to the City to minimize the disruption.  The original staff recommendation that advance notification of the construction work should be provided to affected residents two weeks ahead of the work by door hangers and/or mailings is still applicable. 3. 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. This supplemental report clarifies that the variance from RMC 4-4-030 is required only for the portion of the project work located within the City limits that requires an approved city construction or building permit. The completed project will benefit the travel and conditions of lifestyle of the residents in the vicinity. This work will not constitute any special privileges that will limit the use of other properties in the vicinity of the project site. 4. That the approval is a minimum variance that will accomplish the desired purpose. This supplemental report clarifies that the variance from RMC 4-4-030 is required only for the portion of the project work located within the City limits that requires an approved city construction or building permit. The proposed I405/SR 167 Direct Connect project is proposed to occur intermittently on 845 nights over 36 months. Within the City right of way, the work is proposed on South 14th Street, and on small portions of Smithers, Morris, Whitworth, and Shattuck near South 14th Street. Since the project is a Design Build project, with project elements yet to be finalized, staff believes that the approval is the minimum needed to accomplish the necessary work. F. CONCLUSIONS: THE WORK WOULD OCCUR ON SR 167 FROM MILEPOST (MP) 24.5 AT S 180TH ST TO MP 27.3, AND ON I-405 FROM MP 1.3 TO MP 4.3 AT N 4TH ST. THE PROJECT ALSO INCLUDES WORK ON S 14TH ST., AND ON SMALL PORTIONS OF SMITHERS, MORRIS, WHITWORTH AND SHATTUCK NEAR S 14TH STREET. THE WORK WOULD OCCUR OVER 36 MONTHS ON 845 NON-CONSECUTIVE NIGHTS. The information in this section of the supplemental report is consistent with the information that was included in the staff report dated November 1, 2016, that was submitted for the same project – which is the following: City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 8 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH 1. The work requires a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) as levels of noise for night time would be exceeded. 2. The portion of work located within the city limits, that requires an approved city construction or building permit, requires a variance from RMC 4.4.030.C.3.b as construction work is proposed on days and hours not allowed in the code. 3. Analysis of the proposal according to variance criteria of RMC 8-7-8-D is also included in the Staff Report. 4. The analysis is provided for the proposed work outside of the construction hours mentioned in RMC 4-4-030.C.3.b. G. AMENDED RECOMMENDATIONS (DATED NOVEMBER 9, 2016): Staff recommends that the variances from RMC 8-7-2 (Noise Regulations) and RMC 4-4-030.C.3.b (Development Regulations, Construction Standards) for the I-405/SR 167 Direct Connect project be approved, subject to the following conditions of approval: 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. Any complaints within the Renton city limits will be summarized and reported to the City’s project manager within 5 days of the complaint. 2. The applicant shall implement proposed noise mitigation measures to diminish or eliminate noise during construction. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary. 3. 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. 4. If noise complaints are received by the City and/or WSDOT for nighttime work operations, the applicant shall implement the project’s noise monitoring plan for nighttime construction. Noise monitoring shall include measuring of existing preconstruction ambient noise levels and measurement of noise levels at the onset of a new nighttime construction activity with a potential to create high noise levels. The noise measurements for the construction activities should be taken at the time that represents the highest noise levels for that activity and the measurements shall be provided to the City project manager. 5. The applicant shall provide temporary motel vouchers to affected residents for the nights of the proposed noise variance work when noise impacts cannot be reasonably mitigated (by ear plugs or white noise generators) to levels that enable the residents to reasonably sleep at their homes. City of Renton Department of Community & Economic Development Noise Variance Hex Report WSDOT I-405/SR 167 DIRECT CONNECT (AKA I-405 /SR 167 DIRECT CONNECTOR INTERCHANGE) NOISE VARIANCE LUA16-000770, V-H LUA16-000770, V Supplemental Report of November 9, 2016 Page 9 of 9 Amended Staff Report_I-405.SR 167 Direct Noise Variance _LUA16-000770 VH 6. The portion of the project work located within the City limits that requires an approved city construction or building permit, shall not be allowed on the following seven holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and on December 25th, to prevent hardship to the residents. 7. If complaints are received by WSDOT and/or the City regarding the permitted construction or building work within city limits, on Saturdays and Sundays in a residential zone within 300 feet of the project, and if the applicant does not satisfactorily address the concerns mentioned in the complaint, then the City may consider a reduction in work hours. 8. Advance notification of the construction work should be provided to the residents two weeks ahead of the work by door hangers and/or mailings. 9. For the work on City streets, traffic control plans are to be submitted by the contractor and approved by the City Transportation section prior to start of construction work. If any complaints are received from residents, the contractor along with WSDOT will propose measures to the City to minimize the disruption.