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HomeMy WebLinkAboutSR_I-405_May_Creek_Borings_Noise_Variance_200224DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_I-405_May_Creek_Borings_Noise_Variance_200224 N 40th St Meadow Ave N Jones Ave NE A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: February 24, 2020 Project File Number: PR17-000278 Project Name: I-405 Renton to Bellevue HOT - May Creek Borings Land Use File Number: LUA20-000037, V-A Project Manager: Clark H. Close, Senior Planner Owner: WSDOT, 15700 Dayton Ave N, Shoreline, WA 98011 Applicant: Laura Musso Escude, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98011 Contact: Guillermo Sanchez, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98011 Project Location: Boring Locations W36 and W38 near May Creek from the southbound and northbound travel lanes of I-405 Project Summary: Washington State Department of Transportation (WSDOT) is requesting a noise variance from RMC 8-7-2 (Noise Level Regulations, Maximum Environmental Noise Levels) in order to complete I-405 geotechnical investigation work at night in areas with residential uses. The geotechnical investigation planned is a drilled hole or borings at two locations near the I-405 May Creek Bridge (W-36 and W-38), within the Washington State right-of-way limits only, to approximately 120 feet in depth. Each boring is anticipated to take two (2) nights per location to complete with a one (1) night break or more between operations. The work time frame proposed is scheduled to start as soon as February 24, 2020. However, the applicant is requesting a 30-day work window after the first night of work occurs to complete the borings. Should the contractor experience equipment failure or uncertain winter weather, two additional nights of boring may be required to complete each boring. Noise levels resulting from project construction activities are expected to generate peak noise levels of 70 to 82 dBA as perceived at a distance of 50 feet from the source of the noise. A variance from RMC 8-7-2 is necessary in order to conduct the nighttime work, as maximum permissible environmental noise levels 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). DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 2 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan – Boring Locations W36 and W38 Exhibit 3: Neighborhood Detail Map Exhibit 4: Variance Request Justification Exhibit 5: Utility Plans Exhibit 6: Drainage Plan Exhibit 7: Traffic Control Plan Exhibit 8: I-405 Hours of Nighttime Operation Exhibit 9: I-405 Noise Variance Flyer Exhibit 10: Nighttime Construction and Traffic Noise Propagation Exhibit 11: Public Comments from Greg Fawcett Exhibit 12: Response Letter to Mr. Fawcett Exhibit 13: Advisory Notes C. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 7 Noise Levels Regulations a. Section 8-7-2: Maximum Environmental Noise Levels b. Section 8-7-8: Variances and Appeal D. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on February 2, 2020 and determined the application complete on February 7, 2020. The project complies with the 120- day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-10). 3. The project site is located at boring locations W36 and W38 near May Creek for the I-405 Renton to Bellevue Widening and Express Toll Lanes project (Exhibit 3). 4. The project site is currently developed as Interstate 405 right-of-way. 5. Access to the site would be provided via the southbound and northbound travel lanes of I-405 near May Creek. 6. The site is mapped with regulated slopes, high seismic hazard area, and is within the Urban Conservancy Shoreline Designation and May Creek Shoreline Reach (MC-B). 7. The applicant is proposing to begin construction as soon as possible. Once work beings the applicant has requested a 30-day work window after the first night of work occurs to complete the borings. DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 3 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 8. Staff received public comments from Mr. Fawcett on February 10, 2020 (Exhibit 11). Staff responded to public comments on February 13, 2020 (Exhibit 12). 9. No other public or agency comments were received. 10. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development (Exhibit 13). 11. Per RMC 8-7-8, the applicant notified the residences living within a 300 feet radius of the I-405 geotechnical investigation work on February 13, 2020 (Exhibit 9). 12. Variance Analysis: WSDOT is requesting a noise variance in order to exceed the maximum night time (between the hours of 10:00 pm and 7:00 am) environmental noise levels of RMC 8-7-2. The proposal is compliant with the following variance criteria, pursuant to RMC 8-7-8.D. Therefore, staff recommends approval of the requested variance, if all conditions of approval are met: Compliance Variance Criteria and Analysis  a. 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 Comment: Interstate 405 corridor carries approximately 132,000 vehicles per day. I-405 serves as a key connector for commercial, freight and motorist use, and mass transit within the Puget Sound area and day time closures full or partial to perform this work would have the potential to spike congestion on this north-south corridor negatively and would affect the City of Renton arterials and local street. The applicant contends that working at night would allow residents, businesses and drivers the ability to maintain current travel times while using this corridor (Exhibit 4). The applicant further contends that the contractor, Flatiron Lane Joint Venture (FLJV), is required to provide a safe and efficient movement of people, goods, and services through and around any closures on the I-405 widening project, while minimizing negative impacts to residents, commuters and businesses. In order to meet these requirements, it is necessary that certain work for this project be done at night. According to the applicant, working at night is the best way to minimize negative effects that would result from construction or those project elements that would only exacerbate existing traffic conditions. Permitted noise levels would be exceeded during the geotechnical investigation work at night near the I-405 May Creek bridges. The type of equipment used to complete the borings (such as dump trucks, excavators and an auger drill) would generate noise that would exceed the allowed noise level limits. However, the construction model outcome of the work shows that at 159 feet from the center of the work site, the I-405 traffic noise would be prevalent over the noise emanating from the equipment used to complete the geotechnical investigation work (Exhibit 10). As a result, residents who are located behind existing noise walls would perceive the I-405 traffic noise levels as background noise above the noise generated by the geotechnical investigation work. Staff concurs with the applicant that the location of the work within I-405 ROW, one of the most heavily travelled roads in the state, necessitates the need for night time work to mitigate the impacts on residents, road users and area businesses. By allowing night time work to exceed the noise levels for the Class A EDNA properties, the applicant can finish the project quicker and limit the impacts on the community to complete two (2) borings near May Creek. In addition, all residents are located far enough away from the DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 4 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 borings that existing I-405 traffic noise levels would exceed the noise levels generated during the geotechnical investigation work. Compliant if Conditions of Approval are Met b. 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. Staff Comment: According to the applicant, temporary night time construction is one of the few tools that WSDOT applies to lessen traffic congestion and disruption to highway users while improving the roadway. The applicant states that by performing geotechnical investigation early in the design stage is necessary to finalize foundation and structure design that are key to completing the required final plans. Within a 300- foot radius where the soil investigation work would occur there are sensitive receivers at the W36 site and W38 sites. Sound propagation for a source such as this construction equipment propagates as follows: 6-dBA noise level decrease would occur with the doubling of 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. Noise also decreases if an object interferes with the receiver’s line of sight to the noise source. For residents within this particular site of May Creek, this attenuation would depend on the relative elevation of the source and the receiver, and the height and location of the intervening object. In addition, the site is screened by noise walls between the night time work and the single family residences. Noise levels projected for this project have been estimated to generate noise levels of 70 to 82 dBA heard at 50 feet. Background traffic noise levels on I-405 reach approximate average levels up to 73 dBA at night at 50 feet from the travel lane. When distance is incorporated into the assessment as well as topography and the proposed mitigation measures, WSDOT estimates that the nearest residences would not notice the night time work over typical traffic noise on I-405. In addition, WSDOT contends that residents would be impacted to the minimum extent and there is a low possibility that the public health or safety would be diminished. If any noise related complaints are received, WSDOT and the project contractor would work on alternative mitigation measures to stop the disruption. Staff posted and mailed a notice to residents within 300 feet of the project locations. Staff received public comment from Mr. Fawcett regarding a plastic sewer line that goes from the brick house at 4008 Meadow Ave N to the Metro trunk line and concern with the borings proximity to hit the sewer pipe and cause problems (Exhibit 11). A copy of the as-built drawing and the sewer line to Mr. Fawcett’s property has been sent to the applicant and the contractor. According to WSDOT, the borings are a safe distance away from the identified sewer line (Exhibit 12). Staff concurs with the applicant that the variance would not be materially detrimental to the public health, welfare or safety, or injurious to the property or improvements in the vicinity of the project site. The applicant has proposed effective mitigation measures that would limit the impacts on the Class A EDNA properties. In order to ensure that complaints or issues submitted by residents are adequately addressed, staff recommends as a condition of approval that the applicant provide the City’s project manager with the after-hours noise complaint phone number prior to the start of construction, and a summary of any complaints and the response provided, within five (5) days of receiving the complaint. DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 5 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224  c. That the variance sought is the minimum variance which will accomplish the desired purpose. Staff Comment: The requested administrative variance would allow WSDOT and the project contractor to accomplish this work in the minimum number of nights required to complete this work at W36 and W38 sites, as shown on the provided maps (Exhibit 2). The work time frame proposed is scheduled to start as soon as February 24, 2020. However, the applicant is requesting a 30-day work window after the first night of work occurs to complete the borings. Mitigation measures are proposed by the applicant to diminish the impact on the surrounding area. Staff concurs that the request is the minimum needed to accomplish the geotechnical investigation work. Samples of soil would be collected and the information gathered would be used to design the foundations for the new I-405 bridges crossing May Creek. Compliant if Conditions of Approval are Met d. 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. Staff Comment: The applicant is requesting a work schedule of no more than two consecutive nights at each requested boring location. If additional geotechnical investigation work is required beyond two nights, the contractor would exercise a minimum one-day break between boring investigations at each location. The applicant is requesting the noise variance for borings W36 and W38 for no longer than 30-days after the first geotechnical investigation begin. According to the applicant, a number of mitigation measures and monitoring techniques would be used to help limit impacts on the Class A EDNA properties. WSDOT and the contractor are proposing to implement the following noise reduction measures during the geotechnical investigation work: DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 6 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 1. Truck tailgate banging is prohibited. All trucks shall be secured to prevent excessive noise from banging. 2. All trucks performing export haul shall have well maintained bed liners as inspected and approved by the Engineer. 3. All trucks shall be equipped with ambient sensitive backup warning devices, except pure tone backup alarms. 4. Temporary noise shield would be placed in front of the machinery, if feasible. 5. WSDOT/FLJV personnel would receive training and update of the conditions under which this variance was granted. 6. Provide a WSDOT/FLJV complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. 7. WSDOT/FLJV would notify by US mail, residents within 300 feet of the sites ten (10) days prior to the night work commencement. This notification would include the type of work, as well as phone number or email to request more information including specific requests or concerns. 8. WSDOT/FLJV would provide ear plugs and/or white noise machines upon request if during the notification process the residents requires. 9. WSDOT/FLJV would respond to any notified resident if during the notification process the residents requires special accommodations. 10. WSDOT/FLJV would implement a nighttime noise monitoring if complaints are received. Provide data with nighttime construction noise model is able to predict with enough accuracy projected noise levels. 11. Post nighttime work on the WSDOT web/internet site. As indicated by the applicant, WSDOT/FLJV would provide the City with an attendance sheet of workers that would participate in the soil investigation night work. In addition, all alarms will operate under OSHA and L&I rules and regulations and WAC and RCW codes and staff included one (1) condition under subsection ‘b’ that would allow staff and the applicant to track and address complaints from residents in the vicinity of the work area. In addition, staff recommends as a condition of approval that the applicant implement the proposed mitigation measures to diminish or eliminate noise during night work between the hours of 10:00 pm and 7:00 am. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary.  e. 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 Comment: The location where the boring operation would take place is located at the existing I-405 shoulders at May Creek near the 44th Interchange. The geotechnical exploration work area is located within the Shoreline area of influence. However, the work exploration area is not located within any special site with special features such as within any aquifer layer or geological hazard area. Geotechnical investigation work is expected to result in I-405 roadway improvements to this heavily travelled interstate DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 7 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 and the applicant has identified mitigation measures to reduce or eliminate nighttime noise. See condition above under subsection ‘d’.  f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: Soil investigation is required to design the May Creek bridge, retaining walls, etc., that would be erected at this location along the I-405 corridor. Geotechnical drilling is the only way to assess the soil parameters to proceed with structural design. No alternative locations are possible for soil investigation night work that would be used to design the foundations for the new I-405 bridges crossing May Creek.  g. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Comment: Noise levels produced by construction equipment is expected to range from 70 to 82 decibels at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 58 to 70 decibels at a distance of 200 feet from the source of the noise. The requested variance is for a total of two (2) non- consecutive nights per location at a time with a one-day break or more between operations. E. CONCLUSIONS: 1. The subject site is located within the southbound and northbound travel lanes of I-405 near May Creek. 2. 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. 3. The applicant, Washington State Department of Transportation (WSDOT), requested a noise variance in order to exceed the night time dBA limits for EDNA Class A properties along the I-405 project corridor near the May Creek bridge. 4. The requested variance meets the seven (7) criteria to be considered in making a decision on a variance request as specified in RMC 8-7-8, provided the applicant complies with City Code and conditions of approval, see FOF 12. F. DECISION: The I-405 Renton to Bellevue HOT - May Creek Borings, File No. LUA20-000037, V-A, as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall provide the City’s project manager with the after-hours noise complaint phone number prior to the start of construction, and a summary of any complaints and the response provided, within five (5) days of receiving the complaint. 2. The applicant shall implement the proposed mitigation measures to diminish or eliminate noise during night work between the hours of 10:00 pm and 7:00 am. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary. DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 8 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, Planning Director Date TRANSMITTED on February 24, 2020 to the Owner/Applicant/Contact: Owner: Applicant: Contact: WSDOT 15700 Dayton Ave N Shoreline, WA 98011 Laura Musso Escude WSDOT 15700 Dayton Ave N Shoreline, WA 98011 Guillermo Sanchez WSDOT 15700 Dayton Ave N Shoreline, WA 98011 TRANSMITTED on February 24, 2020 to the Parties of Record: Greg Fawcett Meadow Partners LLC PO Box 402 Fall City, WA 98024 TRANSMITTED on February 24, 2020 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property & Technical Services Manager Vanessa Dolbee, Current Planning Manager Rick Marshall, Fire Marshal G. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on March 9, 2020. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 2/24/2020 | 3:49 PM PST City of Renton Department of Community & Economic Development I-405 Renton to Bellevue HOT - May Creek Borings Administrative Report & Decision LUA20-000037, V-A Report of February 24, 2020 Page 9 of 9 SR_I-405_May_Creek_Borings_Noise_Variance_200224 be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: I-405 Renton to Bellevue HOT - May Creek Borings Land Use File Number: LUA20-000037, V-A Date of Report February 24, 2020 Staff Contact Clark H. Close Senior Planner Project Contact Guillermo Sanchez WSDOT 15700 Dayton Ave N, Shoreline, WA 98011 Project Location Boring Locations W36 and W38 near May Creek from the southbound and northbound travel lanes of I-405 The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan – Boring Locations W36 and W38 Exhibit 3: Neighborhood Detail Map Exhibit 4: Variance Request Justification Exhibit 5: Utility Plans Exhibit 6: Drainage Plan Exhibit 7: Traffic Control Plan Exhibit 8: I-405 Hours of Nighttime Operation Exhibit 9: I-405 Noise Variance Flyer Exhibit 10: Nighttime Construction and Traffic Noise Propagation Exhibit 11: Public Comments from Greg Fawcett Exhibit 12: Response Letter to Mr. Fawcett Exhibit 13: Advisory Notes DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 NEIGHBORHOOD DETAIL MAPSITE100.0 ft300.2 ftW-36EXHIBIT 2RECEIVEDClark Close 02/06/2020PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 NEIGHBORHOOD DETAIL MAPSITE100.0 ft300.2 ftW-38RECEIVEDClark Close 02/06/2020PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 NEIGHBORHOOD DETAIL MAPSITE100.0 ft300.2 ft300.2 ftBoringW-38BoringW-38EXHIBIT 3RECEIVEDClark Close 02/06/2020PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 Noise Variance Request Justification Below are the responses to each variance factor. (RMC 8-7-8.D.1-7) 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. Applicant Response: WSDOT is requesting this variance to work at night based on the fact that this portion of the I- 405 corridor carries 132,000 vehicles per day and the existing southbound pavement is showing significant failure. I-405 serves as a key connector for commercial, freight and motorist uses, and mass transit within the Puget Sound area; day time closures full or partial to perform this work would, have the potential to spike congestion on this north-south corridor negatively and would affect the city of Renton arterials and local street. Consequently, working at night will allow residents, businesses and drivers to be able to maintain travel time while using this corridor. FLATIRON-LANE (DB) on this project will be required to provide a safe and efficient movement of people, goods, and services through and around any closures on the project, while minimizing negative impacts to residents, commuters, and businesses. In order to meet these requirements, it is necessary that the work for this project be done at night. Working at night is the best way to minimize negative effects as a result of construction which would only exacerbate the existing traffic conditions mentioned above. 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. Applicant Response: Temporary nighttime construction is one of the few tools that WSDOT applies to lessen traffic congestion and disruption to highway users while improving the roadway. This geotechnical investigation early in the design stage is necessary to finalize foundation and structure design that are key to completing the required final plans. Within a 300 foot radius where the soil investigation work will occur there are sensitive receivers, 1 at the W36 site and 6 at the W38 sites. Sound propagation for a source such as this construction equipment propagates as follows: 6-dBA noise level decrease will occur with the doubling of 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. Noise also decreases if an object interferes with the receiver’s line of sight to the noise source. For residents within this particular site of May Creek, this attenuation will depends on the relative elevation of the source and the receiver, and the height and location of the intervening object also in this site there are noise wall. Noise levels projected for this project have been estimated to generate noise levels of 70 to 82 dBA heard at 50 feet. Background traffic noise levels on I-405 reach approximate average levels up to 73 dBA at night at 50 feet from the travel lane. When distance is incorporated into the assessment as well as topography and the proposed mitigation measures, we estimate that the nearest residences would not notice the nighttime work but if any peak would not be as severe as without all the listed mitigation. Consequently, residents will be impacted to the minimum extent EXHIBIT 4 RECEIVED Clark Close 02/06/2020 PLANNING DIVISION DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 I \.\\\\.\\\\\\\\.\\‘\\\‘\\\\\.\.:\ • f N \\\\\\\\\\\\\\\\\\\\ \\::\\\\\\\\\\\\\S \ ,,,XL.4 6 5: _ /.kX46531.1#Izt’c... •1 I I J:I • E ,.:.iu .- 56q9 :j f-— 4l_‘-W-3820’-- - - C, SL2 i ________________________ —.LI!MR..ri [1 - - j 1 -- -- -- 1 _______ I Ifi v 7.68 _ L cEosyNT E’/c WAL EXHIBIT 5 RECEIVED Clark Close 02/06/2020 PLANNING DIVISIONDocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 XL546726EP-26SIP-2 SHEET STA 5670+00 TO STA 5685+00MATCH LINE STA. 5685+00.00 MATCH LINE STA. 5670+00.00 24" Pcssp@2.77%24" Pcssp@4.26%18" Pcssp@3.75%18" Pcssp@3.52%24" Pcssp@0.59%18 " DI@st ru ct ur e??MB MB ?MBMBMBMBMBMB ????UUUUUUCCCPPPP PPPPPPPP PPPPTWWWPWPPMBTPPMA Y C R E E K6856855670568056755685767076807675GEOSYNTHETIC WALL 07.15RGEOSYNTHETIC WALL 07.20LSOIL NAIL WALL 06.99LSEW WALL 07.10RGEOSYNTHETIC WALL 07.13LN 38TH ST N 40TH STMEADOW AVE NMAY CREEKN 37TH STMP 6.95MP 7.00MP 7.05MP 7.10MP 7.15MP 7.20XL-4653R2B-17-17XL-5467R2B-18si-17XL-5467R2B-19-17XL-4653R2B-20-17XL-4653R2B-21-17XL-4653R2B-22vw-17XL-4653R2B-23vw-17L-5687H-3-82-MCL-7974 / L-5687H-4-82 MCL-7974 / L-5687H-5-82 MCL-7974 / L-5687H-6-82 MCTudor/I-405/WAPB-15Tudor/I-405/WAPB-17XL-0560TH-19-94XL-0560TH-20-94XL-0560TH-21-94SL-274 (L-5687)W-1-54SL-274 (L-5687)W-2-54DESIGNED BYENTERED BYCHECKED BYPROJ. ENGR.REGIONAL ADM.FILE NAMETIMEDATE1/20/2020\\AMECPW03ICS01\iCS_pdf_work_dir\202\6970_26\41_XL5467_PS_EP_26.dgnREVISIONBYSHEETOFSHEETSLOCATION NO.CONTRACT NO.JOB NUMBERREGIONNO.STATEFED.AID PROJ.NO.WASH10PLOTTED BYDATEAMECPW03ICS01$10:08:40 PMWashington StateDepartment of Transportation70INVESTIGATION PLANGEOTECHNICAL AND SUBSURFACEAND EXPRESS TOLL LANES PROJECTI-405; RENTON TO BELLEVUE WIDENINGP.E . STAMP BOXDATEP.E. STAMP BOXDATEPLAN REF NOSCALE IN FEET050100W-36-20W-38-20W-37-20DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 T.23N. R.5E. W.M. NB405 LINE SB405 LINE TO REMAIN EXISTING CABS POND TO REMAIN EXISTING DETENTION POND TO REMAIN EXISTING DETENTION TO REMAIN EXISTING CABS TREATMENT TO REMAIN EXISTING RUNOFF POND TO REMAIN EXISTING DETENTION POND TO REMAIN EXISTING DETENTION POND TO REMAIN EXISTING DETENTION HILLS CREEK UPPER ROLLING TO REMAIN EXISTING MFD TYPE 4 TO REMAIN EXISTING CABS TO REMAIN EXISTING MFD TYPE 4 TO REMAIN EXISTING MFD TYPE 4 THUNDER HILLS CREEK TO REMAIN EXISTING MFD TYPE 3 ROLLING HILLS CREEK AREA TO REMAIN EXISTING NATURAL DISPERSION THUNDER HILLS CREEK LOWER ROLLING HILLS CREEK TO REMAIN EXISTING MFD TYPE 4 ROLLING HILLS CREEK MBMB PPPPPTREES AND BRUSH TREES AND BRUSH MB MB MBMBMBMBMBMBMBMBMBMBMBMBMBMBMBMBMBUUU U UU UUU UUU U UUUU U U U U UU UU U UU U U UU U U U U P PPP PPPPP PP PPPPPP PSTT STTPPMBUOBJ UOBJ UOBJ UOBJ UOBJ U U U U UUU UOBJ UOBJ UOBJ UOBJ UOBJ UU U U U UUU U U U U UUPPP STT STT STT UUU U U U U UU UU U U U U U U U U UU U U U U U U U U U U UU UU U U U UU U UUU U U U U UU U U U U U U U U U U UU U U U U UU U U U UU UUU U U U U U U UU U P PP PP P PP PP PP P PP PPPPPPPPPPPPPPPP PPPPPP P PPP PPPPP PP P P P PPPPPPPPP W W W WW W W W W W MBMBMB MBMBMBMBMBMBMBMBUOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJUOBJ UOBJUOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJ UOBJUOBJ UOBJUOBJ UOBJ UOBJUOBJ UOBJ STT STTT T T STTSTT STT STTSTT C U UU UOBJ PPPPPPPU U PUOBJ PSTTPUU U UOBJ U STT PUOBJ PPPPM U PP UOBJ PPUOBJ STT PPUUP U PUUPPPP PPPP UOBJ STM FTC 7400 7410 7420 7430 7440 7450 74607395 7405 7415 7425 7435 7445 74555400 5410 5420 5430 5440 5450 5460 5405 5415 5425 5435 5445 5455 5465460 455 450 460455 MP 26.0MP 2.0 MP 3.0MP 2.5 SHEET OF SHEETS CONTRACT NO. JOB NUMBER WASH10 STATEREGION NO. LOCATION NO. P.E. STAMP BOX P.E. STAMP BOX ENTERED BY PROJ. ENGR. REVISION BYREGIONAL ADM. DESIGNED BY TIME DATE DATEDATE FED.AID PROJ.NO. CHECKED BY DATE c:\users\taylorsu\pw_wsdot\d0114970\XL5467_PS_DR_03.dgn 5:04:05 PM 12/20/2018 PLOTTED BY taylorsu FILE NAME: 100 200 SCALE IN FEET 0 116NOT FOR CONSTRUCTION 15% CONCEPTUAL DESIGN AD COPY Washington State Department of Transportation CUT/ FILL LINE EASEMENT CONSTRUCTION ALIGNMENT AND LIMITED ACCESS RIGHT OF WAY WETLAND MITIGATION BUFFER ORDINARY HIGH WATER LINE STREAM BUFFER EXISTING WETLAND DRAINAGE LEGEND: EXIST BOX CULVERT PROPERTY LINE 7200 PROPOSED RETAINING WALL EXISTING STORM DRAIN PROPOSED STORM DRAIN EXISTING DRAINAGE STRUCTURE PROPOSED DRAINAGE STRUCTURE EXISTING BIOFILTRATION SWALE PROPOSED CULVERT PROPOSED NOISE WALL PROPOSED EDGE OF PAVEMENT DITCH STREAM EXISTING DETENTION POND M ATCH LI NE STA NB4 05 7462+00 SEE SHEET DR04SB405-SB167 LINE SB405-SB167 LINE S 15TH ST SW 12TH ST SW 13TH ST SW 13TH ST RENTON INFINITY OF RAYMOND AVE SWSENECA AVE SWMAPLE AVE SWMAPLE AVE SWRAINIER AVE SBENSON DR SS RENTON VILLAGE PL SMITHERS AVE SWHITWORTH AVE SSHATTUCK AVE SBENSON RD S COMPANY SEATTLE LUMBER SW 16TH STLIND AVE SWLIND AVE SWSENECA AVE SWLAKE AVE SRENTAL TRUCK THRIFTY MORRIS AVE SS P UGE T DRI VESR 167EAST VALLEY RDMCI LANDINGLARKSPURTALBOT RD SEXPRESS SHUTTLE NORTHWEST CUMMINS CHEVROLET GOOD TALBOT RD SCENTER: PHASE IIOFFICEEAST VALLEYBENSON RD S108TH AVES 14TH ST S 14TH ST S 14TH ST S 15TH ST A. GHADAMSI A. BLACK S. TAYLOR XL5467 DR03 C. BARNETT I-405 RENTON TO BELLEVUE CORRIDOR WIDENING & EXPRESS TOLL LANES DRAINAGE PLAN 40 SB I-405 NB I-405 I-405/SR167 INTERCHANGE SB 167 TO SB I-405NB I-405 TO 167 S B I-405 T O N B 167 167 T O NB I-4 0 5 RENTON CINEMA 8 ONE RENTON PLACE SB I-405 NB I-405 SB I-405 OFF RAMPN B I-405 O N RA MP BERKSHIRE APARTMENTS SB SR 167NB SR 167 FACILITY MAINTENANCE WSDOT ROCK SIN pw:\\HQOLYMAPPPW01P.WSDOT.LOC:WSDOT\Documents\Northwest\_Projects\405\2.30_RentonToBellevue\Design\_CAD\ContractPlans\XL5467_PS_DR_03.dgnK. HENRY EXHIBIT 6 Entire Document Available in Laserfiche Submittals Folder Click HERE to access Digital Records Library RECEIVED Clark Close 02/06/2020 PLANNING DIVISION DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 Entire DocumentAvailable in Laserfiche Submittals Folder Click HERE to access Digital Records Library EXHIBIT 7 RECEIVED Clark Close 02/06/2020 PLANNING DIVISION DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 I 405 South Bound Sunday 8:00 p.m. to Monday 7:00 a.m. Monday 7:00 p.m. to Tuesday 7:00 a.m. Tuesday 7:00 p.m. to Wednesday 7:00 a.m. Wednesday 7:00 p.m. to Thursday 7:00 a.m. Thursday 7:00 p.m. to Friday 7:00 a.m. Saturday 6:00 a.m. to Saturday 9:00 a.m. Saturday 7:00 p.m. to Sunday 9:00 a.m. I 405 North Bound Sunday 8:00 p.m. to Monday 7:00 a.m. Monday 8:30 p.m. to Tuesday 7:00 a.m. Tuesday 8:30 p.m. to Wednesday 7:00 a.m. Wednesday 8:30 p.m. to Thursday 7:00 a.m. Thursday 8:30 p.m. to Friday 7:00 a.m. Saturday 6:00 a.m. to Saturday 9:00 a.m. Saturday 6:00 p.m. to Sunday 12:00 noon Ramp Closures Lane Reductions same as mainline EXHIBIT 8 RECEIVED Clark Close 02/06/2020 PLANNING DIVISION DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 Work notice: Nighttime construction work near May Creek overpass in Renton Work occurring on I-405 northbound and southbound shoulders beginning February 24, 2020 PROJECT DESCRIPTION Contractor crews working for the Washington State Department of Transportation will be testing soil conditions along I-405 near May Creek in Renton, WA. This is early exploratory work for the I-405 Renton to Bellevue Widening and Express Toll Lane project. Flatiron Lane Joint Venture is the contractor selected by WSDOT to build this project. The project will reduce congestion and improve safety along I-405 by adding highway capacity and making other safety and mobility improvements between Renton and Bellevue. DESCRIPTION OF WORK Crews will be drilling holes to take soil samples as part of exploratory geotechnical work. To reach the drill site and create a safe work zone, crews will close the shoulder and one lane of northbound I-405, and the 44th on-ramp to southbound I-405. Crews will be drilling at two locations near the I- 405 bridge over May Creek starting Monday, Feb. 24. Nighttime work hours will begin as early as 9 p.m. and end as late as 7:30 a.m. Crews will work no more than two consecutive nights. Early exploratory night work is scheduled to end Friday, March 6, 2020 but could take longer depending on weather and other factors. The requested noise variance from the City of Renton is expected to expire 30 days after the first night of work occurs. NIGHTTIME WORK People living near the work areas may hear increased noise from drilling equipment or light plant generators. However, the work is not expected to be perceptible above the background noise levels produced by I-405 traffic. Crews will use strategies to minimize noise and disruption while working at night, including: 1. Avoid banging truck tailgates. 2. All trucks hauling material will have well- maintained bed liners. 3. All trucks will have ambient sensitive backup warning devices. 4. If feasible, a temporary noise shield will be placed in front of the machinery. STAY INFORMED Visit WSDOT’s website for additional project details and to sign up to receive project construction and night work notifications: https://www.wsdot.wa.gov/Projects/I405/Renton toBellevue/home General information: 425-456-8585 Email: I405SR167Program@wsdot.wa.gov Construction hotline: 425-818-0161 Title VI Notice to Public It is the Washington State Department of Transportation’s (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO’s Title VI Coordinator at (360) 705-7090. Americans with Disabilities Act (ADA) Information This material can be made available in an alternate format by emailing the Office of Equal Opportunity at wsdotada@wsdot.wa.gov or by calling toll free, 855-362- 4ADA(4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. EXHIBIT 9 RECEIVED Clark Close 02/13/2020 PLANNING DIVISION DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 Nighttime Construction and Traffic Noise propagation This write up is to detail the process and the outcome of the requested calculation to determine if the May Creek residents will experience construction noise levels below existing nighttime traffic noise levels. Problem Statement City of Renton requires WSDOT to obtain nighttime noise variances for night work and the process requires a public hearing which takes up to 60 days or more depending how complex and controversial the project is. If the work can be completed within 2 days there is an option to obtain an Administrative Noise variance. However, the process still requires notification of residents 14 days prior to start of night work if they live within 300 feet of where the work will occur. WSDOT is pursuing the Administrative Noise variance for two locations along I-405. However, at one of the locations, W-38, the 300 foot radius as shown on the neighborhood detail map is located at the edge of the nearby properties. Also at the W-36 location, even though residents are within the 300 foot circle of influence that triggers a noise variance, they will be protected by existing noise barriers. Consequently, due to the schedule constraints to obtain critical geotechnical, the City of Renton will consider a waiver for these locations as long as WSDOT demonstrates that construction noise levels at the edge of the residential property lines at the May Creek neighborhood either a. Is at or below 47 dBA, or; b. The I-405 nighttime background traffic noise levels will be perceived by noise sensitive receivers to be higher than the construction noise levels from the Geotechnical soil investigation operation. Methodology WSDOT Construction area model was used to calculate the distance to where the construction sound originating from the work zone merges into the existing nighttime traffic noise levels on I-405. The Construction model was populated with data as follows: a. Traffic Noise levels daytime measurement at noise sensitive receivers representing May Creek residents from a 2016 Traffic Noise study. This 24/hours measurement shows that through the night and day time hours there is a range of reduction between 3 dBA to 6 dBA. The most conservative of 3 dBA will be used to calculate nighttime traffic veh/hour to input in the model. b. I-405 current daily traffic volume per Tukwila to I-90 Vicinity Express Toll Lanes Project Traffic Report to be an ADT of 132000 veh/ day. To calculate the Traffic noise level, we use 10% of that ADT which is equal to 13,200 veh/hour. In this calculation, we need to assume vehicle per hour during the nighttime hours to give us a more realistic sound propagation. So that night time traffic volume was calculated based on a noticeable noise reduction of 3 dBA which means that Entire DocumentAvailable in Laserfiche Submittals Folder Click HERE to access Digital Records Library EXHIBIT 10 RECEIVED Clark Close 02/06/2020 PLANNING DIVISION DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 1 Clark Close From:Greg Fawcett <gfawcett@nwlink.com> Sent:Monday, February 10, 2020 6:56 PM To:Clark Close Cc:Sabra Fawcett; gfawcett@nwlink.com Subject:FW: Brick House sewer as built at 4008 Meadow Ave. North Renton WA 98056 Attachments:IMG_7936.jpg; Untitled attachment 00078.txt -----Original Message----- From: Greg Fawcett [mailto:gfawcett@nwlink.com] Sent: Monday, February 10, 2020 3:49 PM To: kbraaten@rentonwa.gov Cc: Sabra Fawcett; gfawcett@nwlink.com Subject: FW: Brick House sewer as built at 4008 Meadow Ave. North Renton WA 98056 Dear Kip... I own property at 4008 Meadow Ave. North Renton WA 98056. There is a plastic sewer line that goes from the house to the Metro trunk line (see as built). My concern is that the boring machine may hit the plastic sewer pipe and that would cause me huge problems. Please e- mail and or call me at 425-466-5229 to discuss. I want to talk to the contractor and meet him on site to prevent any problems. Sincerely, Greg Fawcett 425-466-5229 -----Original Message----- From: Greg [mailto:gfawcett@nwlink.com] Sent: Monday, February 10, 2020 3:34 PM To: Fawcett Greg Subject: Brick House sewer as built Entire Document Available in Laserfiche Submittals Folder Click HERE to access Digital Records Library EXHIBIT 11 DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 February 13, 2020 Greg Fawcett Meadow Partners LLC PO BOX 402 Fall City, WA 98024 SUBJECT: I-405 Renton to Bellevue HOT - May Creek Borings Comment Response Letter LUA20-000037, V-A Dear Mr. Fawcett: Thank you for your initial comments related to I-405 Renton to Bellevue HOT - May Creek Borings; received on February 10, 2020 wherein you raised concerns with the early exploratory work for the I-405 Renton to Bellevue Widening and Express Toll Lane project. Specifically, you’ve indicated that there is a plastic sewer line that goes from the brick house at 4008 Meadow Ave N to the Metro trunk line and the concern lies with the borings proximity to hit the sewer pipe and cause problems. Your letter has been included in the official project file and you have been made a party of record. In response to your comments, the contractor and the I-405 Office provided a formal response letter to your concerns (enclosed). Thank you for your interest in this project and if you have any further questions or comments moving forward please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Sincerely, Clark H. Close Senior Planner Enclosure: Response letter from the Design Builder and the I-405 Office Entire DocumentAvailable in Laserfiche Submittals Folder Click HERE to access Digital Records Library EXHIBIT 12 DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 1 LUA20-000037 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use action. Planning: (Contact: Clark H. Close, 425-430-7289, cclose@rentonwa.gov) 1. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and/or your U.S. Fish and Wildlife Service permit. Development Engineering: (Contact: Justin Johnson, 425-430-7291, JTJohnson@rentonwa.gov) 1. No comments at this time. Fire Authority: (Contact: Corey Thomas, 425-430-7024, cthomas@rentonwa.gov) 1. No comments at this time. Technical Services: (Contact: Amanda Askren, 425-430-7369, aaskren@rentonwa.gov) 1. No comments at this time. Community Services: (Contact: Leslie Betlach, 425-430-6619, lbetlach@rentonwa.gov) 1. Identify access to accomplish borings 36 and 38. Ensure tree protection on Park property and coordinate with Urban Forestry Manager. 2. In addition to identifying access to accomplish Boring W-38, please note this is an actively used public park and trail system. Public access to be maintained. Tree protection on Park property to be coordinated with Urban Forestry Manager. Police: (Contact: Cyndie Morris, 425-430-7521, cmorris@rentonwa.gov) 1. No comments at this time. Building: (Contact: Craig Burnell, 425-430-7290, cburnell@rentonwa.gov) 1. Recommendations of the geotechnical report must be followed. EXHIBIT 13 DocuSign Envelope ID: 1A02B283-E524-4318-A5C9-C66F0DF59736