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HomeMy WebLinkAboutSR_HEX_WSDOT_Pavement_Rehabilitation_160912DEPARTMENT OF COMMU .. ,, Y AND ECONOMIC DEVELOPMENT -------R-· e--n-t-;::o=yn-0 PRELIMINARY REPORT TO THE HEARING EXAMINER REPORT A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: Project Name: Project Number: Project Manager: Owner: Applicant: Contact: Project Summary: Project Location: Exist. Bldg. Area SF: Site Area: September 12, 2016 Pavement Rehabilitation Noise Variance for SR169 Cedar River Vicinity LUA16-000616, V-H Rohini Nair, Civil Engineer Ill Washington State Department of Transportation Bruce Nebbit, WSDOT, 10511st Ave S Mail Stop NB-82-62, Seattle, WA 98134 Peter Soderberg, WSDOT, 15700 Dayton Ave N, MS 138, Seattle, WA 98133 Washington State Department of Transportation (WSDOT) requests a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night in areas with residential uses. The construction work would occur during 31 non-consecutive nights from March 1, 2017 to December 31, 2018. The project is located along State Route 169 in both the northbound and southbound lanes, for approximately 2 miles between Mile Post 22.86 to Mile Post 24.84. The portion of the project located within the City of Renton limits includes work and improvements within the State Right of Way limits only. Noise levels resulting from the project's construction activities will generate peak noise levels of 62 to 85 dBA as perceived at 50 feet from the WSDOT property line. A variance from RMC 8-7-2 is necessary in order to conduct the nighttime work, as maximum permissible environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) 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). State Route 169 from Mile Post 22.86 to Mile Post 24.84. The initial noise variance application and the publication were made based on the starting Mile Post 22.98. Subsequently, WSDOT has requested that the starting Mile Post be changed to 22.86 and the notification regarding the noise variance request has been provided to the surrounding residents from Mile Post 22.86. The additional project length is for only 0.12 miles from the information that was included in the publication. N/A 10,454 Lineal Feet Proposed New Bldg. Area (footprint): N/A Proposed New Bldg. Area (gross): Total Building Area GSF: N/A Noise Variance Hex Report LUA16-000616, V-H City of Renton Department of Community r -nomic Development PAVEMENT REHABILITATION NOISE VARIA FOR SR169 CEDAR RIVER VICINITY Report of September 12, 2016 I 8. PROJECT DESCRIPTION/BACKGROUND: Noise Variance Hex Report WA16-000616, V-H Page 2 of 8 Washington State Department of Transportation (WSDOT) requests a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night in areas with residential uses. The construction work would occur during 31 non-consecutive nights from March 1, 2017 to December 31, 2018. The project is located along State Route 169 in both the northbound and southbound lanes, between Mile Post 22.86 to Mile Post 24.84. The portion of the project located within the City of Renton limits includes work and improvements within the State Right of Way limits only. The work would consist of planning asphalt lanes, pavement repair, paving roadway, pavement markings, curb ramps, and signal video detection. Nighttime work will minimize congestion impacts to drivers, businesses, school buses and local commuters during the day, and is safer for workers and traveling public. Construction equipment used during nighttime operations will include, but is not limited to pickup trucks, dump trucks, paving machines, planning grinder, air compressors, asphalt saw cutters, portable light plants and generators, compaction rollers, flat bed/ cement mixer trucks, truck mounted attenuators, sweepers, striper remover, and stripe grinders. Noise levels resulting from the project's construction activities will generate peak noise levels of 64 to 85 dBA as perceived at 50 feet from the WSDOT property line. When feasible, temporary noise shields will be placed around construction equipment. All vehicles shall be equipped with ambient sensitive backup warning devices. In addition, the proponent proposes to implement other measures to mitigate noise impacts. Truck tailgate banging will be prohibited. A WSDOT complaint number as well as a list of designated contact persons for forwarding complaints will be provided to the residents affected by the project. The project also requires Street Use and detour permits. The project will include nighttime work where the zoning varies from Commercial Office/Residential, Commercial Neighborhood, residential (R-4, R-8, R-10, and R-14), and Resource Conservation. A variance from RMC 8-7-2 is necessary in order to conduct the nighttime work, as maximum permissible environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) 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). i C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Staff report dated September 12, 2016. Exhibit 2: Exhibit of location of proposed work of SR169 Pavement Rehabilitation Cedar River Vicinity. Exhibit 3: Table -Types of equipment -Noise Levels (dBA) -Proposed Mitigation Measures. Exhibit 4: Plans of proposed SR 169 Pavement Rehabilitation work Exhibit 5: Letter of August 9, 2016 from WSDOT requesting the variance and Justification for the Noise Variance Request. Noise Variance HEX Report LUA16-000616 VH City of Renton Department of Community. nomic Development PAVEMENT REHABILITATION NOISE VARIA FOR SR169 CEDAR RIVER VICINITY Report of September 12, 2016 I D. FINDINGS: Noise Variance Hex Report LUA16-000616, V-H Page 3 of 8 Having reviewed the written record in the matter, the City now makes ond enters the following: 1. Request: Variance from RMC 8-7-2 (Maximum Environmental Noise Levels) for work between 10:00 pm and 7:00 am over 31 non-consecutive nights from March 1, 2017 to December 31, 2018. 2. Variance: The proposal requires a public hearing with the Hearing Examiner. 3. Existing Land Uses: Single family residential, commercial, commercial office. 4. Zoning: Commercial Office/ Residential (COR), Commercial Neighborhood (CN), Residential -4 Dwelling Units per Acre (R-4), Residential -8 Dwelling Units per Acre (R-8), Residential -10 Dwelling Units per Acre (R-10), Residential -14 Dwelling Units per Acre (R-14), Resource Conservation (RC). I E. CONSISTENCY WITH VARIANCE CRITERIA: 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: SR 169 is a heavily travelled State Route as it serves as a main connector for motorist uses, mass transit and freight and commercial within the Puget Sound area. This portion of SR 169 corridor carries approximately 42,000 vehicles per day. The existing pavement has reached the end of its useful life and is in need of repair/maintenance work. The preservation and repair of SR 169 is addressed in the ongoing WSDOT highway preservation budget. 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 streets; consequently, working at night will allow residents, businesses and drivers to be able to maintain travel time while using this corridor. The contractor on this project is required to provide a safe and efficient movement of people, goods, and services through and around 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. WSDOT has indicated that safety for drivers and Noise Variance HEX Report LUA16-000616 VH City of Renton Department of Community t. PAVEMENT REHABILITATION NOISE VARIA Report of September 12, 2016 nomic Development FOR SR169 CEDAR RIVER VICINITY Noise Variance Hex Report WAl 6-000616, V·H Page 4 of 8 construction workers improves when work is conducted at night. Permitted noise levels will be exceeded during construction, in the area where the work is occurring. The type of equipment used to saw cut asphalt, grind pavement, compaction, and painting of pavement markings will generate noise that will exceed the allowed noise limits. The applicant has proposed mitigation measures that will reduce the impact of the noise generated by the construction activities. 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. Staff Analysis: Granting of the variance will minimize risk to travelling public and construction workers, and reduce risks to property because nighttime traffic volumes are lighter. Temporary nighttime construction is one of the few tools that WSDOT implies to lessen traffic congestion and disruption to highway users while improving the roadway. Along the SR 169 pavement repair project within the City of Renton, there are noise sensitive receivers East and West of SR 169, adjacent to the Maplewood Golf Course that might perceive some noise peaks over the existing SR 169 traffic background noise, especially if they have direct line-of-sight to the work zone. However, the proposed work will be a mobile construction operation, meaning that noise sources and construction equipment will be operating at different locations along the project area during the 31 working nights. This mobile operation will mean that each individual resident will only be impacted for a few nights, and not all the 31 working nights. The noise levels coming from construction equipment will diminish with distance. A 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 the city limits, this attenuation depends on the relative elevation of the source and the receiver, and the height and location of the intervening object. Noise levels projected for this project have been estimated that some activities may generate peak noise levels of 64 to 85 dBA heard at 50 feet. Ambient traffic noise levels on SR 169 may reach approximately average peak levels up to 68 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 still notice the nighttime work but not as severe as without all the listed mitigation. Citizens will be impacted to the minimum extent and staff does not anticipate that public health or safety will be diminished. If any noise related complaints are received, the contractor along with the agency will work on alternative mitigation measures to stop the disruption. Noise Variance HEX Report LUA16-000616 VH City of Renton Department of Community i PAVEMENT REHABILITATION NOISE VARI, nomic Development FOR SR169 CEOAR RIVER VICINITY Noise Variance Hex Report LUA16-000616, V-H Report of September 12, 2016 Page 5 of 8 Information regarding the proposed noise variance project was posted and notification was mailed to residents within 300 feet of the project corridor. One resident has requested to be added as a party of record. No comments concerning the proposed noise variance have been received. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. Staff Analysis: The work will occur over 22 months on 31 non-consecutive nights. The work limits include approximately 10,454 lineal feet of SR 169 within the City of Renton. Mitigation measures are proposed by the applicant to diminish the noise impact on the surrounding area. Staff believes that the request is the minimum needed to accomplish the necessary reconstruction, repair, and maintenance. 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; I. 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. Staff Analysis: Noise mitigation measures to diminish or eliminate noise during construction shall be implemented by the applicant. Implementation of a noise monitoring program will be conducted nightly by the contractor and the results provided to the City's project manager. Noise Variance HEX Report LUA16-0D0616 VH City of Renton Department of Community i PAVEMENT REHABILITATION NOISE VARIA Report of September 12, 2016 namic Development FOR SR169 CEDAR RIVER VICINITY Noise Variance Hex Report LUA16-000616, V-H Page 6 of8 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. All vehicles shall be equipped with ambient sensitive backup warning devices. Noise shields will be used as directed by the engineer and when feasible. Truck tailgate banging will not be allowed and dump trucks will have well maintained bed liners. An after-hours noise complaint phone number staffed by WSDOT and/or their contractors will be provided. The proposed noise mitigation measures are included in the attached project narrative. Additional mitigation measures to diminish or eliminate noise during construction are to be provided by the applicant as necessary. Staff recommends as a condition of approval that WSDOT 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 5 days of receiving the complaint. Staff also recommends that WSDOT 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. In addition, staff recommends that the applicant provide notice to the City's project manager ofthe date and areas of expected night work, a minimum of 24 hours in advance of the work. 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: SR 169 existing pavement life cycle has reached the point that shall be repaired by the next construction season and delaying the repair and resurfacing the existing pavement would create a further failing roadway structure. The resurfacing and repair of this portion of the highway would give drivers, residents and users a well maintained and safe highway. Construction noise mitigation measures are able to address or minimize any inconvenience to the nearby residents so granting this variance would not cause WSDOT to adversely affect the general policy and purpose of the ordinance. Improvements to this heavily travelled state route outweigh the limited-term noise impacts to residents and property owners. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Noise Variance HEX Report LUA16-000616 VH City of Renton Department of Community & nomic Development PAVEMENT REHABILITATION NOISE VARIA FOR SR169 CEDAR RIVER VICINITY Report of September 12, 2016 Noise Variance Hex Report LUA16-000616, V-H Page7of8 Staff Analysis: The nature of the SR 169 as a state highway route limits alternative locations for project work. Any pavement rehabilitation work must be completed at the location of the highway. No alternative locations are possible. Noise mitigation measures will be used to limit disturbance throughout the evening construction work. 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 31 non-consecutive nights from March 1, 2017 to December 31, 2018. Peak noise levels produced by construction equipment are expected to range from 64 to 85 decibels at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range from 56 to 77 decibels at a distance of 200 feet from the source of the noise. The proposed work will be a mobile construction operation, meaning that noise sources and construction equipment will be operating at different locations along the project area during the 31 working nights. This mobile operation will mean that each individual resident will only be impacted for a few nights, not all 31 working nights. Work in any one particular area will not be for an extended duration. F. CONCLUSIONS: THE CORRIDOR IS LOCATED WITHIN THE SR 169 RIGHT-OF-WAY, FROM MILEPOST 22.86 TO MILEPOST 24.84. THE WORKS WOULD OCCUR OVER 22 MONTHS ON 31 NON-CONSECUTIVE NIGHTS. 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. Analysis of the proposal according to variance criteria of RMC 8-7-8-D is found in the body of the Staff Report. I G. RECOMMENDATION: Staff recommends that the Variance for the Pavement Rehabilitation Noise Variance for SR169 Cedar River Vicinity, File No. LUA16-000616, V-H be 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. Any complaints within the Renton city limits will be summari2ed 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. Noise Variance HEX Report LUA16-000616 VH City of Renton Department of Community i nomic Development PAVEMENT REHABILITATION NOISE VARIA FOR SR169 CEDAR RIVER VICINITY Report of September 12, 2016 Noise Variance Hex Report LUA16-000616, V-H Page 8 of 8 4. Implementation of a noise monitoring program will be conducted nightly by the contractor and the results provided to the City's project manager. 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. 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. Noise Variance HEX Report LUA16-000616 VH