HomeMy WebLinkAboutSR_HEX_WSDOT_Pavement_Rehabilitation_161004DEPARTMENT OF COMMU"' •. !
AND ECONOMIC DEVELOPMENT -------Renton®
REVISED PRELIMINARY REPORT TO THE HEARING EXAMINER
A. SUMMARY AND PURPOSE OF REQUEST
REPORT DATE:
Project Name:
Project Number:
Hearing Date:
Project Manager:
Owner:
Applicant:
Contact:
Project Summary:
Project Location:
Exist. Bldg. Area SF:
Site Area:
October 4, 2016
Pavement Rehabilitation Noise Variance for SR169, 140'h Ave SE to Cedar River Park Vicinity
LUA16-000616, V-H
October 11, 2016
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 40 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 64 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
N/A Proposed New Bldg. Area (footprint): N/A
Proposed New Bldg. Area (gross):
10,454 Lineal Feet Toto/ Building Area GSF: N/A
Noise Variance Hex Report LUA16-000616, V-H
City of Renton Deportment of Community & r
PAVEMENT REHABILITATION NOISE VARIA
Report of October 4, 2016
omic Development
'OR SR169, 140'" AVE SE TO CEDAR RIVER PARK
I 8. PROJECT DESCRIPTION/BACKGROUND:
IITY
Noise Variance Hex Report
LUA16-000616, 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 40 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. A noise monitoring plan which outlines how WSDOT will
proceed after a complaint is received has also been provided. 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).
~ C. EXHIBITS:
The following exhibits were entered into the record:
Exhibit 1: Report to Hearing Examiner.
Exhibit 2: Location of proposed SR169 Pavement Rehabilitation.
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 September 19, 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 i nomic Development
PAVEMENT REHABILITATION NOISE VARIA FOR SR169, 140'" AVE SE TO CEDAR RIVER PARK ilTY
Noise Variance Hex Report
LUA16-000616, V-H
Report of October 4, 2016 Page 3 of 8
Exhibit 6: Project Monitoring Plan for Nighttime Construction Noise.
Exhibit 7: Public comment letter requesting information of advance notification of the work
and information of the extra noise.
Exhibit 8: Comment response letter to the public comment letter in Exhibit 7
I D. FINDINGS:
Having reviewed the written record in the matter, the City now makes and 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 40 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).
5. Faur parties of record requests were received from the public. One request included a question
regarding advance notice of the proposed work and a question of the extra noise due to the
project.
I E. CONSISTENCY WITH VARIANCE CRITERIA:
Section 8-7-8.D. Lists 7 criteria that the Hearing Examiner is asked to consider, along with oil 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
Noise Variance HEX Report LUA16-000616 VH
City of Renton Department of Community &
PAVEMENT REHABILITATION NOISE VARIA
Report of October 4, 2016
omic Development
OR SR169, 140'" AVE SE TO CEDAR RIVER PARK IITY
Noise Variance Hex Report
LUA16-000616, V-H
Page 4 of 8
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
adequate travel times 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 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 employs 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 40 working nights. This mobile operation will mean that each individual resident will only be
impacted for a few nights, and not all the 40 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
Noise Variance HEX Report LUA16-000616 VH
City of Renton Department of Community &
PAVEMENT REHABILITATION NOISE VARIA
Report of October 4, 2016
omic Development
OR SR169, 140'" AVE SE TO CEDAR RIVER PARK ITV
Noise Variance Hex Report
lUAl6-0006l6, V-H
Page 5 of 8
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. The applicant has submitted a noise
monitoring plan that outlines how WSDOT will proceed once a noise complaint is received.
Information regarding the proposed noise variance project was posted and notification was mailed
to residents within 300 feet of the project corridor. Four requests have been received to be added
as parties of record. One request included questions regarding the advance notification of the
project and information of the extra noise. Staff has sent letter providing information requested
in the comment letter.
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 40 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;
Noise Variance HEX Report LUA16-000616 VH
City of Renton Department of Community &
PAVEMENT REHABILITATION NOISE VARIA
Report of October 4, 2016
omic Development
OR SR169, 140'" AVE SE TO CEDAR RIVER PARK
i. Specific requirements for notification to nearby residents;
ITV
Noise Variance Hex Report
LUA16-000616, V-H
Page 6 of 8
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. The applicant has submitted a project monitoring plan for
nighttime construction noise that outlines the noise monitoring plan in the event a complaint is
received. The plan also mentions that residents may be eligible for temporary motel vouchers
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. 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. Staff recommends that in addition to the applicant submitted project monitoring plan for
nighttime construction noise outlining how the applicant will proceed once a complaint is
received, a noise monitoring program is conducted nightly by the contractor and the results
Noise Variance HEX Report LUA16-000616 VH
City of Renton Department of Community &
PAVEMENT REHABILITATION NOISE VARIA
Report of October 4, 2016
omic Development
FOR SR169, 140'" AVE SE TO CEDAR RIVER PARK IITY
Noise Variance Hex Report
LUA16-000616, V-H
Page 7 of 8
provided to the City's project manager. In addition, staff recommends that the applicant provide
notice to the City's project manager of the 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: The existing pavement life cycle of SR 169 has reached the point that requires
repairs by the next construction season, and any delays of the repair of 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.
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 40 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 40 working nights. This mobile operation will mean that each individual
resident will only be impacted for a few nights, not all 40 working nights. Work in any one
particular area will not be for an extended duration.
Noise Variance HEX Report LUA16-000616 VH
City of Renton Department of Community &
PAVEMENT REHABILITATION NOISE VARIA
Report of October 4, 2016
omic Development
OR SR169, 140TH AVE SE TO CEDAR RIVER PARK IITY
Noise Variance Hex Report
LUA16-000616, V-H
Page 8 of 8
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 40 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 ofthe proposal according to variance criteria of RMC 8-7-8-D is found in the body of the
Staff Report.
II 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 summarized and reported to the City's project manager within S 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. 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. The applicant's submitted project monitoring plan for nighttime construction noise in
the event of a complaint should also be implemented.
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