HomeMy WebLinkAboutSR_HEX_Olympic_Pipelline_Relocation_160623DEPARTMENT OF COMMUf GiTY OF 0..
Renton
AND ECONOMIC DEVELOPMENT
REPORT TO THE HEARING EXAMINER
A. SUMMARYAND PURPOSE OF REQUEST
REPORT DATE: June 23, 2016
Project Name: Olympic 1-405/SR-167 Pipeline Relocation Project
Project Number: LUA16-000397, V -H
Project Manager: Vicki Grover, Transportation Planning & Programming Manager 425-430-7393
Owner: Washington State Department of Transportation & City of Renton
Applicant: Kim West, Olympic Pipe Line Co., 600 SW 39th St. Suite 275, Renton, WA 98057
Contact: Lisa Bona, GeoEngineers 425-861-6090
Project Summary: Olympic Pipe Line Company (Olympic) requests a noise variance from RMC 8-7-
2 (Noise Regulations, Maximum Environmental Noise Levels) in order to
conduct construction work at night, and to work outside the approved
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 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 work includes relocation of a 20 -inch pipeline that transports
petroleum products through Western Washington. The pipeline relocation
project is being requested by Washington State Department of Transportation
(WSDOT) for the 1-405/SR-167 Direct Connect Project. There are two segments
of Olympic pipeline that will need to be relocated, one along the SR -167
corridor and one along the 1-405 corridor. The existing pipeline that is parallel
to SR -167 northbound lanes and will need to move to the east of its current
location. The other existing pipeline that is parallel to 1-405 northbound lanes
and will need to move to the south of its current location. A variance from RMC
8-7-2 is necessary in order to conduct the nighttime work and the ability to
work hours outside of the codified work hours in RMC 4-4030.2 & 3, 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).
Project Location: Along the Northbound Lanes of SR -167 & the Northbound Lanes of 1-405
Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): N/A
Proposed New Bldg. Area (gross):
Site Area: 342,900 Square Feet Total Building Area GSF: N/A
NOISE VARIANCE HEX REPORT2
City of Renton Deportment of Community & Momic Development NOISE VARIANCE HEX REPORTZ
OLYMPIC 1-405/58-167 PIPELINE RELOCATI ROJECT LUA16-000397, V -N
Report of June 23 2016 Page 2 of 7
6. PROJFCTDFSCRIPTION/BACKGROUND:
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 the 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
construction work would occur over 100 consecutive and non-consecutive nights from July 1, 2016
through to July 1, 2018, 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 1-405 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 applicant will be using some of the project area along the
1-405 (Talbot Hill) area to stage equipment and material for 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, and vibratory pile driver.
To limit the potential effect of construction -related noise at the residences near the two work areas,
several noise mitigation measures have been considered.
• Noise reducing technologies around pumps/generators, such as noise shields, and other methods
• 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.
The project will include nighttime (10:00 PM to 7:00 AM) and work outside the approved 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 where the zoning is predominately residential varying
from R-1, R-6, R-8 and R-14, as well as Light Industrial (IL), Commercial Office (CO) and Commercial Arterial
(CA).
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).
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City of Renton Department of Community 8Aftnomic Development NOISE VARIANCE HEX REPORT2
OLYMPIC 1-40S/SR-167 PIPELINE RELOCA T ROJECT � LUA16-000397, V -H
Report of June 23 2016 Page 3 of 7
C. EXHIBITS:
The following exhibits were entered into the record:
Exhibit 1: Staff Report dated June 23, 2016
Exhibit 2: Project Description, Project Narrative, Variance Request dated May 24, 2016.
Exhibit 3: Variance Justification and Mitigation Measures dated May 27, 2016.
Exhibit 4: 11" X 17", Design Plans for SR -167 Segment
Exhibit 5: 11" X 17", Design Plans for the 1-405 Segment
D. FINDINGS:
Having reviewed the written record in the matter, the City now makes and enters the following:
1. Request. Noise Variance from RMC 8-7-2 (Maximum Environmental Noise Levels) for work
between 10:00 pm and 7:00 am over 100 consecutive, non-consecutive nights and to work outside
the 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 from July 1, 2016
to July 1, 2018,
2. Variance: The proposal requires a public hearing with the Hearing Examiner.
3. Existing Land Uses: Single family residences, Industrial and Commercial Neighborhood
4. Zoning: Residential —1 Dwelling Unit per Acre (R-1) , Residential — 6 Dwelling Units per Acre (R-6),
Residential — 8 Dwelling Units per Acre (R-8), Residential —14 dwelling units per acre, LI (Light
Industrial), CO (Commercial Office), and CA (Commercial Arterial) may have residential uses
integrated through mixed used buildings.
E. CONSISTENCY WITH VARIANCE CRITERIA:
Section S-7-S.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. The applicant suffers practical difficulties and unnecessary hardship and the variance is
necessary because of special circumstances applicable to the subject property including size,
shape, topography and location or surrounding 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.
Staff Analysis: Olympic is conducting the Pipeline relocation Projects because they are being
directed by WSDOT. Working conditions in the upland area (Talbot Hill) will not be as difficult as
NOISE VARIANCE HEX REPORT2
City of Renton Department of Community gAftnomic Development NOISE VARIANCE HEX REPORT2
OLYMPIC!-4051SR-167 PIPELINE RELOCATPWROJECT LUA15-000397, V -H
Report of June 23 2016 Page 4 of 7
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 nighttime
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 1-405
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.
The second part of this condition; i.e., "strict application of the Zoning Code..." does not apply
because the applicant is not the owner and by having an easement and franchise for the pipeline to
be placed on residential property already has different expectations of land use relative to "rights
and privileges" afforded residential property owners. That is, Olympics' expectation is that they will
be allowed to operate and maintain their pipeline under the property agreements.
2. The granting of the variance will not be materially detrimental to the public 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: The wetland part of the SR 167 Pipeline Relocation Project work area is farthest
from residences and likely to have minimal noise impacts to the residents along Lake Avenue
South, S. 14th Street and S. 19th Street since the work area is more than 250 feet away from the
closest residence. There are also trees and vegetation along the base of the slope between the
construction area and the residences to act as a buffer to reduce construction noise. While
neighboring properties on the hillside are residential, the area west and north of the work is
highway and commercial properties.
A portion of the construction work at night will be preparing SR 167 for long-term shoulder closure,
then truck traffic leaving and entering SR 167 to construct the first section of the access road and
staging area for the construction project closest to SR 167. WSDOT has strict lane closure
restrictions on SR -167.
3. That the variance sought is the minimum variance which will accomplish the desired purpose.
Staff Analysis: 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.
Night work will be limited to activities that do not generate the highest decibels. High noise
activities, such as pile driving, will not be conducted at night. Olympic's contractor is likely to work
NOISE VARIANCE HEX REPORT2
City of Renton Department of Community &Aanomic Deveiopment NOISE VARIANCE HEX REPORT2
OLYMPIC 1-4051SR-167 PIPELINE RELOCA T ROJECT LUA16-000397, V -N
Report of lune 23 2016 Page S of 7
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.
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. Specific requirements for documentation of compliance with the noise variance conditions;
g. Specific requirements for notification to nearby residents,
h. Required cash security to pay for inspection services to verify compliance;
i. Required access to the project by the City to verify compliance with the noise variance
Conditions;
j. Specific program to allow for temporary hotel vouchers to effected residents;
k. Requirements for written verification that all workers understand the noise variance
conditions for the project, and
I. Provision allowing the City to immediately revoke the variance approval if the variance
conditions are violated.
Staff Analysis_ 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. An after-hours noise complaint phone number staffed by Olympic and or
their contractors will be provided.
Staff recommends as a condition of approval that Olympic provide the City's project manager with
the 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, staff recommends 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.
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
NOISE VARIANCE HEX REPORT2
City of Renton Department of Community gj&nomic Development NOISE VARIANCE HEX REPORT2
OLYMIPIC!-40S/SR-167 PIPELINE RELOCA ROJE'CT LUA16-000397, V -H
Report of June 23 2016 Page 6 of 7
suffered by residents or property owners receiving the increased noise permitted under this
variance.
Staff Analysis: Improvements to this heavily travelled Interstate through WSDOT's Direct Connect
Project should outweigh the limited -term noise impacts to residents and property owners. The
applicant has identified measures to be implemented to reduce or eliminate excessive noise.
Impacts are further mitigated by the existing ambient noise level emanating from the corridor
6. The availability of practicable alternative locations or methods for the proposed use which
will generate the noise.
Staff Analysis: There are no alternative locations.
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 work of relocating the 20 -inch pipeline in both locations would occur over a 24
month period on 100 consecutive or non-consecutive days.
F. CONCLUSIONS: THE SUBJECT SITE IS LOCATED WITHIN PROPERTIES OWNED BY WSDOT. THE
PROPOSED RELOCATION OF THE OLYMPIC PIPELINE IS LOCATED AT SR -167 AND 1-405. THE WORK
WOULD OCCUR OVER 24 MONTHS ON 100 CONSECUTIVE OR 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 nighttime 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.
G. RECOMMENDATION:
Staff recommends that the Variance for the Olympic 1-405/SR-167 Pipeline Relocation Project, File No.
LUA16-000397, 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 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.
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;
NOISE VARIANCE HEX REPORT2