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HomeMy WebLinkAboutD_Southport_Entry_Road_1608092 3 4 5 6 7 8 9 10 II 12 13 14 15 16 BEFORE THE HEARCNG EXAMCNER FOR THE CITY OF RENTON RE: Southport Entry Road Noise Variance LUAl6-000453, V-H ) ) ) FCNAL DECISION ) ) ) ) ) _________________ ) Summary The applicant requests a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night in an area with re s idential uses. The 17 construction work would occur continuously from I 0:00 PM on Thursday, September 8, 20 I 6 through to 11 :59 PM on Sunday, September 11, 20 I 6. The project consists of the installation of a bridge located to the west of the Lake Washington Boulevard and Houser Way intersection. Noise levels resulting from proj ect construction activity would generate peak noise levels of 106 dBA as perceived at a distance of 50 feet from the proposed bridge location. The project consists of the installation of a bridge located to the west of the Lake Washington Boulevard and Houser Way intersection . The variance is approved subject to conditions. 18 19 20 21 22 23 24 25 26 Testimony Vicki Grover, City of Renton Civil Engineer III, summarized the staff report. In response to examiner questions Ms. Grover identified the surrounding uses and noted that the Bristol Apartments to the west would be the only nearby use affected by the noise variance. The examiner asked why the project wasn't conditioned to require hotel reimbursement for noisy evenings. Ms. Grover agreed that should be a condition of approval. Noise Variance Scott Rosenstock, applicant representative, clarified in response to examiner questions that if the 2 variance isn't granted the work would take eight weeks longer. The night work avoids the need to work in phases. 3 4 5 6 7 8 Exhibits Exhibits 1-4 identified at page 3 of the July 19, 2016 Staff Report were admitted into the record during the hearing. In addition, the staff power point presentation was admitted as Exhibit 5. FINDINGS OF FACT 9 Procedural: 10 I. 11 Applicant. SECO Development, Inc. 12 13 14 15 16 17 18 19 2. Hearing. A hearing was held on the subject application on July 26, 2016 in the City of Renton Council Chambers. Substantive: 3. Project Description. The applicant requests a variance from RMC 8-7-2 (No ise Regulations, Maximum Environmental Noise Levels) in order to conduct construction work at night in an area with residentia l uses. The construction work would occur continuously from 10:00 PM on Thursday, September 8, 2016 through to 11 :59 PM on Sunday, September 11, 2016. The project consists of the installation of a bridge located to the west of the Lake Washington Boulevard and Houser Way intersection. The bridge will be used for pedestrian and vehicular access to the Southport Mixed-Use Development, Puget Sound Energy yard and Gene Coulon Park. The applicant proposes to widen the road to improve traffic flow entering and exiting the site. The work will be conducted within property owned by SECO Development. 20 Noise levels resulting from project construction activity would generate peak noise levels of 73 to 106 dBA as perceived at a d istance of 50 feet from the proposed bridge location . 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). 21 22 23 24 25 26 4. Neighborhood Characteristics. To the north is Gene Coulon Park, to the west are the Bristol Apartments, to the south and east are parking lots for Puget Sound Energy. Noise Variance 2 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably practicable. As shown in Exhibit 3 and from the list of proposed equipment identified in Finding of Fact No. 3, noise levels resulting from the project construction activity would generate peak noise levels of up to 106 dBA as perceived at a distance of 50 feet from the construction equipment that generates the noise. These noise levels are high, but the alternative would be weeks of road closures and traffic revisions that would adversely affect affected nearby residents and persons accessing Gene Coulon Park instead. The noise impacts are limited to four nights and ultimately residents can be reimbursed for hotel stays if the noise is too much. Noise impacts are limited as much as reasonably practicable, with mitigation including the following measures: • • • • • • • • • Lining the beds of trucks with soil that will be receiving Asphalt Concrete Pavement and Portland Concrete. Encase light plants and small generator . Do not allow equipment to sit idling when not being used. Puget Sound Energy will be compensated for charges associated with the closure . Create and utilize a noise mitigation training program, which shall be implemented for all field-worker supervisory personnel including sub-contractor supervisors. Take noise level readings. At a minimum, the contractor will be required to take a base noise level reading before the start of construction activities, and after noise mitigation measures have been installed. Equip all vehicles with ambient sensitive backup warning devices . The Contractor may use back-up observers in lieu of back-up warning devices for all equipment except dump trucks in compliance with WAC Chapter 296-155-610 and 296-155-615 . The Contractor shall use back-up observers and back-up warning d evices for dump trucks in compliance with WAC Chapter 296-155-640. An after-hours noise complaint phone number will be provided to the local residents to regi ster complaints to be mitigated. Use of acoustical blankets, pads, and/or boards to control metal -on-metal clanging noi se or other banging noi se s that can occur during construction. Conclusions of Law l. Authority. Variances to RM C 8-7-2 in excess of two days in duration are subject to a public hearing and Hearing Examiner review (RMC 8 -7-8(A) and (C)). 2. Review Criteria. Variance criteria for variance to RMC 8-7-2 governed by RM C 8-7-8(0). All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. RMC 8-7-8(0)(1): That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary be cause of special circumstances applicable to the applicant's property or Noise Variance 3 2 3 4 5 6 7 8 9 10 t 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. 3. The special circumstances are the fact that, as agreed by staff, the proposal would take eight weeks longer to complete without the variance due to the need to phase bridge construction if the variance isn't approved. Denial of the project would deny the applicant the opportunity to avoid unreasonable delay in construction and an unreasonable delay in construction would adversely affect the Bristol Apartment residents and Gene Coulon park users. Other contractors would be able to avoid the additional eight weeks in construction delay by working evenings. The granting of the noise variance is necessary for the applicant to enjoy the same privilege. RMC 8-7-8(D)(2): That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. 4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are mitigated to the extent reasonable practicable under the circumstances. Ultimately, the mitigation measures imposed by this decision require the applicant to provide hotel accommodations if the noise proves too much for adjoining property owners. In this regard, beyond the temporary inconvenience of relocation, the noise impacts are completely mitigated and as a result, the granting of the variance would not be considered materially detrimental to the public welfare or injurious to surrounding properties or improvements. RMC 8-7-8(0)(3): Tha t the variance sought is the minimum variance which will accomplish the desired purpose. 5 . The applicant has taken the mea sures it reasonably can to reduce noise impacts and to limit the night work to only four evenings. For these reasons the variance is conside red to be the minimum to accomplish the desired purpose, i.e. avoid eight weeks of construction d e lay. RMC 8-7-8(D)(4): That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacte d 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 le vels; c. Limitation on types of equipment and use of particular equipment; d. Limitation on back-up beep e rs for equipment; e. Required use of noise shields or barriers; f Restrictions to specific times and days; g. Spe cific requirements for documentation of compliance with the noise variance conditions; h. Specific requirem ents for notification to nearby residents; Noise Variance 4 2 3 4 5 6 7 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; 1. 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. 6. All of the requirements above are made a condition of approval. 8 RMC 8-7-8(0)(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 9 suffered by residents or property owners receiving the increased noise permitted under this variance. 10 11 12 13 14 7. The short duration closure will allow for an expedited schedule to install the bridge over Johns Creek for access to the Southport Mixed-Use Development. Without the variance, there may be traffic and access impacts for up to an additional 8 weeks to adjacent residents and businesses to complete the bridge installation in phases. RMC 8-7-8(0)(6): Th e availability of practicable alternalive locations or methods for the proposed use which will generate the noise. As noted in the staff report, there are no alternative locations available. 15 8. 16 RMC 8-7-8(0)(7): The e xtent by which the prescribed noise limitations will be exceeded by the 17 18 19 20 21 22 23 24 25 26 variance and the extent and duration of the variance. I 0. As determined in Finding of Fact No. 5, noise levels will reach levels of up to I 06 dBA and the work will occur continuously over a four day period. DECISION As conditioned below, the noise variance is approved subject to the following conditions: I. The applicant shall provide the City of Renton project manager with the phone number for after-hours noise complaints prior to commencement of construction. The complaint number shall also be provided to surrounding residents in the proposed 24- 48 hour notice to residents in Exhibit 3. The 24-48 hour notice shall be provided to the res idents specified by City staff. Any complaints from within the Renton city limits will be summarized and reported to the City's project manager within 2 days of the complaint. Noise Variance 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Additional information regarding the appeal process may be obtained from the City Clerk 's Office, Renton City Hall -ih floor, ( 425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Noise Variance 7 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. The mitigation measures identified in Finding of Fact No. 5 shall be implemented by the applicant. 3. In addition to the mitigation measures imposed by Finding of Fact No. 5, the following conditions shall also apply as listed in RMC 8-7-8(0)(4):: A. The applicant shall provide a cash security in an amount set by staff to pay for inspection services to verify compliance; B. The applicant shall grant access to the project by the City to verify compliance with the noise variance conditions; C. The applicant shall provide hotel vouchers to effected residents when noise impacts cannot be reasonably mitigated to levels that enable them to reasonably sleep at their homes; D. The applicant shall provide written verification to staff that all workers understand the noise variance conditions for the project; and E. The hearing examiner may immediately revoke this variance approval if staff establish that the variance conditions are violated after giving the applicant a reasonable opportunity to respond. 4. The applicant shall notify the City of Renton project manager with the date and areas of expected night work prior to commencement of night work, a minimum of 24 hours in advance of the work. 5. Implementation of a noise monitoring program will be conducted nightly by the contractor and the results provided to the City's project manager; 6. Maximum noise level readings will be included in the noise monitoring program that will be conducted nightly and these results with the type of work being conducted during the noise level readings are to be provided to the City's project manager. DA TED this 9th day of August, 20 I 6. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 8-7-8(F) provide that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the H earing Examiner's decision. Noise Variance 6 Building C at Southport LL 1083 Lake Wa Blvd N Renton. WA 98056