HomeMy WebLinkAboutD_Olympic_Pipeline_Relocation_1607122
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Olympic Pipeline Relocation Project } FINAL DECISION
Noise Variance
LUA 16-000397, V -H )
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Summary
Olympic Pipeline Inc. has applied for a variance from RMC 8-7-2 (noise regulations) and RMC 4-4-
030(C)(2) and (3) (construction and haul hours) in order to conduct construction work outside of
restricted hours in residential areas located in the southeast corner of the intersection of SR 167 and 1-
405. Construction work would occur during 100 consecutive or non-consecutive nights and days of
construction during the timeframe beginning on July 1, 2016 through July 1, 2018. The variances are
approved with conditions.
Testimony
Vicki Grover, City of Renton Civil Engineer I1I, summarized the staff report. The nearest residences
will be located along the SR 167 north portion of the project, where the pipeline crosses between two
residences. The noisiest activities will be done during the day.
Lisa Bona, applicant representative, testified that pile driving was anticipated to be the noisiest activity,
but since then a contractor has been selected and that contractor will not be using pile driving. The
remaining noisiest portions of the project will be 24 hour pumping and loading and unloading into the
wetland area. Some of the deliveries will have to be done at night. Also, for up to five days there will
be a tie in between the old and new pipelines between the two homes involving cutting, welding and
pumping. There is a significant amount of vegetative buffering in the wetland area in the south portion
Noise and Haul Variance
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of the project area and there is also an elevation difference between the homes to the east and the
wetland area. The homes along the northern perimeter of the project area have been or will be removed,
creating a noise buffer to existing residences to the south.
Exhibits
The June 23, 2016 Staff Report Exhibits 1-5 identified at page 3 of the Staff Report were admitted into
the record during the hearing. In addition, the following exhibits were admitted during the hearing.
Exhibit 6 Aerial photograph of project site
Exhibit 7 Staff power point presentation
FINDINGS OF FACT
Procedural:
1. Applicant. Kim West, Olympic Pipeline Inc.
2. Hearing. A hearing was held on the subject application on June 28, 2016 at 10:30 am in the
City of Renton Council Chambers.
Substantive:
3. Project Description. Olympic Pipeline Inc. has applied for a variance from RMC 8-7-2 (noise
regulations) and RMC 4-4-030(2) and (3) (construction and haul hours) in order to conduct construction
work outside of restricted hours in residential areas in the southeast intersection of SR 167 and I-405.
Construction work would occur during 100 consecutive or non-consecutive nights and days of
construction during the timeframe beginning on July 1, 2016 through July 1, 2018.
More specifically, Olympic Pipeline requests a variance from RMC 8-7-2 (Noise Regulations,
Maximum Environmental Noise Levels) in order to conduct construction work at night, and to work
outside codified construction hours (7:00 AM — 8:00 PM M -F; 9:00 AM — 8:00 PM on Saturday & No
work on Sunday) and haul hours (8:30 AM — 3:30 PM M -F) per RMC 4-4-030.2 & 3, respectively in
areas with residential uses. The applicant requests to work 24 hours per day, 7 days per week for
approximately 3 to 4 months over a 2 -year period. WSDOT's schedule for the Direct Connect Project
is driving the need to work continuously until the pipeline is relocated out of the way of the proposed
roadway alignment for the Direct Connect Project. The SR -167 segment of existing pipeline is
approximately 1,600 lineal feet and is proposed to be shifted approximately 60 feet or less to the east
of its current location. The I-405 segment of existing pipeline is approximately 1,600 lineal feet and
is proposed to be shifted approximately 150 feet or less to the south of its current location. The project
area of disturbance will total about 342,900 square feet as depicted in Ex. 6. The applicant will be
using some of the project area along the 1-405 (Talbot Hill) area to stage equipment and material for
Noise and Haul Variance
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the SR -167 pipeline relocation. The property ownership for both project locations are a combination
of WSDOT and the City of Renton. In addition to the pipeline relocation, the applicant will need to
conduct 4 tie-ins of the new pipeline to the existing; these shut downs must be scheduled a year in
advance and can only last approximately 5 days due to the demand for fuel by users.
Construction equipment used during night time activities will include, but are not limited to: dump
trucks, generators, portable lighting (light plants), pumps, compaction rollers, stripe grinder, back hoes
and front loaders. As noted in public testimony, vibratory pile drivers will not be used for the project.
4. Neighborhood Characteristics. Surrounding areas that will be potentially affected by the noise
of the proposal are primarily residential with a mix of commercial and industrial uses as well. The
surrounding zoning includes R-1, R-6, R-8 and R-14, as well as Light Industrial (TL), Commercial
Office (CO) and Commercial Arterial (CA).
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 81 dBA as perceived at a distance of 50 feet from the construction equipment that
generates the noise. These noise levels would be generated continuously by the pumping for the
proposed five-day tie-ins.
With the exception of two homes, residences on the SR 167 portion of the project will be located a
considerable distance from the proposed work. Most of the homes along SR 167 will be separated by
more than 250 feet of wetlands, vegetation and an elevation change where the homes are located up
slope of the project site. The area west and north of the SR 167 site is highway (SR 167) and
commercial use. The two homes that won't be protected by this separation are located at the northern
end of the SR 167 portion of the project. As shown in Ex. 6, the pipeline extends into a lot sandwiched
between the two homes where the relocation project will only be 35 feet from the homes. The distance
between the project work and homes along I-405 is not as clear, but it appears that numerous homes
will only be a few feet from the project site a well. Staff testified that many homes along 1-405 will or
have been demolished, but from aerial photographs it appears that the homes were demolished for the
project site instead of serving as a buffer to the project site.
As further shown in Ex. 3, the ambient night time noise of SR 167 at a distance of 50 feet is 68 dBA.
Consequently, the dBA difference between the construction work and ambient noise levels 13 dBA,
although some homes will much closer to the construction work than to the adjoining freeways. In
order to mitigate against these noise impacts, the applicant has proposed a list of mitigation measures,
some of which include:
• Noise reducing technologies around pumpslgenerators, such as noise shields, and other methods
(after receiving complaints).
• Coordination with complaints to create mutually agreeable compensation.
• Provide 24 to 48 hour notice to residents via door hanger or equivalent.
• Temporary relocation/compensation during the peak noise periods for local residents. (after
receiving complaints).
Noise and Haul Variance
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Conclusions of Law
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1. Authority. Variances to RMC 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)). The variance to the hauling and
construction hours of RMC 4-4-030(2) and (3) has apparently been consolidated with the RMC 8-7-2
variance request. See RMC 4-8-080(C)(2).
2. Review Criteria. Variance criteria for variance to RMC 8-7-2 governed by RMC 8-7-8(D).
Variance criteria to variances to RMC 4-4-030(2) and (3) are governed by RMC 4-9-250(B)(5). All
applicable criteria are quoted below in italics and applied through corresponding conclusions of law.
RMC 8-7-8(D)(1): That the applicant suffers practical diculties 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 properly owner or
applicant of rights and privileges enjoyed by olhers.
RMC4-9-250(13)(5)(a): That the applicant suffers practical difficulties and unnecessary hardship and
the variance is necessary because of special circumstances applicable to subject property, including
size, shape, topography, location or surroundings of the subject property, and the strict application of
the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other
property owners in the vicinity and under identical zone classification;
3. The special circumstances are the proximity of SR 167 and 1-405 to the adjoining homes. The
proposed pipeline relocation cannot be done anywhere else. In addition, work must be done outside of
the restricted hours specified by RMC 8-7-2 and 4-4-030 because the applicant must conform to a
schedule imposed by WSDOT. Working conditions in the upland area (Talbot Hill) will not be as
difficult as work for the SR 167 relocation which is in a wetland. The wetland work includes limited
work space allowed by the U.S. Army Corps of Engineers (USACE) permit and the Washington State
Department of Ecology (Ecology); limited egress/ingress on a busy highway with limited allowed land
closure along SR -167 by WSDOT; Olympics' set pipeline shutdown schedule to meet WSDOT's
Direct Connect Project schedule. Therefore, Olympic will need to work weekends and night time
hours to maintain the project schedule and will need to work up to 24 -hours per day for up to 5 days
for the pipeline tie-in activities. Olympic also will have similar 24-hour work days for the I-405
pipeline tie-in activities in February 2017, requiring the noise variance to work outside of Renton's
standard allowed haul and work hours since the work will be completed within 300 feet of some
residences.
Noise and Haul Variance
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RMC S -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.
RMC 4-9-250(B)(5)(b): That the granting of'the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in which .subject
property is situated;
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 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 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in which the subject property
is situated;
5. The City routinely approves variances for highway construction projects as there is no
reasonable alternative way to enable highway construction without creating massive traffic congestion
and tremendously increasing the costs of public highway projects. No special privilege is involved for
this type of project.
RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
desired purpose.
RMC 4-9-250(B)(5)(d): That the approval is a minimum variance that will accomplish the desired
purpose.
6. The applicant has taken the measures it reasonably can to reduce noise impacts. Olympic is
working with WSDOT to obtain approval to close SR -167 northbound shoulder for the project duration
to allow for work during daylight hours and on the weekends. Olympic's contractor is likely to work
6 days per week and 7 days a week if necessary to meet the schedule for the duration of each relocation
project and will only add Sunday work if the schedule cannot be met or during the brief (up to 5 days)
for pipeline tie-in activities currently projected to occur in October 2016 and February 2017.
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 impacted by the variance. The variance
approval may be subject to conditions including, but not limited to, the following:
Noise and Haul Variance
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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 far 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;
1. Requirements far 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.
7. Many of the mitigation measures identified above are proposed and/or incorporated into the
conditions of approval. Noise shields will be used as directed by the engineer and when feasible.
Trucks and equipment will use a reverse signal alarm or broad band alarm instead of back-up warning
devices and if needed Olympic will employ a backup observer in work areas per British Petroleum
(BP) safety protocols. The conditions of approval require that Olympic provide the City's project
manager with an after-hours noise complaint phone number and a summary of any complaints and the
response provided, within 2 days of receiving the complaint. In addition, the conditions require that
the applicant provide notice to the City's project manager of the dates of expected night work, a
minimum of 24 hours in advance of the work.
RMC 8-7-8(D)(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.
8. The pipeline relocation project is required due to improvements WSDOT will be making to the
1-405 and SR 167 interchange designed to alleviate traffic congestion. The examiner takes judicial
notice that traffic congestion in this area is severe and that improvements are greatly needed to alleviate
the problem. The noise impacts to residents are temporary and have been mitigated the maximum
extent reasonably practicable. The proposed mitigation measures and impacts are appropriate and
adequate given the strong public necessity for the highway improvements.
RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
Noise and Haul Variance
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9. As noted in the staff report, there are no alternative locations available.
RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the
variance and the extent and duration of the variance.
10. As determined in Finding of Fact No. 5, noise levels will reach levels of up to 81 dBA and the
work will occur over a 24 month period on 100 consecutive or nonconsecutive days.
DECISION
As conditioned below, the noise variance is 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. 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
residents 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.
2. The applicant shall implement proposed mitigation measures and develop alternate
mitigation measures to diminish or eliminate noise during construction as proposed in
Exhibit 3 to the extent not in conflict with these conditions of approval.
3. Noise shields will be used as directed by the engineer and when feasible.
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.
DATED this 12`h day of July, 2016.
Noise and Haul Variance
Phs A.4lbwhts
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City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 8-7-8(F) and RMC 4-8-080 provide that the final decision of the Hearing Examiner is subject
to appeal to the Renton City Council. RMC 8-7-8(F) and RMC 4-8-110(E)(14) requires appeals of
the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the
Hearing Examiner's decision. Additional information regarding the appeal process may be obtained
from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Noise and Haul Variance
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