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HomeMy WebLinkAboutSR_HEX_SR_167_North_Bound_Lanes_Pavement_Rehabilitation_160113DEPARTMENT OF COMMUI CITY OF AND ECONOMIC DEVELOPMENT �ento6fn 0 - PRELIMINARY REPORT TO THE HEARING EXAMINER REPORT A. SUMMARYAND PURPOSE OF REQUEST REPORT DATE: January 13, 2016 Project Name: SR 167 North Bound Lanes, Pavement Rehabilitation Project Number: LUA15-000437, V Project Manager: Vicki Grover, Civil Engineer III Owner: Washington State Department of Transportation Applicant: Laura Musso Escude, NW Regions Environmental Office, PO Box 330310, Seattle, WA 98133-9710 Contact: Same as Applicant; 206-440-4554 Project Summary: 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 20 non-consecutive nights from April 1, 2016 to December 31, 2017. The project is located along State Route 167 northbound lanes, between Mile Post 24.41 to Mile Post 24.80. 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 project construction activities will generate peak noise levels of 68 to 84 dBA as perceived at a distance of 50 feet from within WSDOT's property lines. 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). Project Location: WSDOT SR 167, Milepost 24.41 to Milepost 24.80 Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): N/A Proposed New Bldg. Area (gross): Site Area: 2,200 Lineal Feet Total Building Area GSF. N/A WSDOT N015E VARIANCE HEX REPORT City of Renton Department of Community & omic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTHBOUND LANES, PAVEMENT REHABILITATION LUA15-000437, V -H Report of January 13, 2016 Page 2 of 6 B. PROJECT DESCRIPTION/BACKGROUND: 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 will occur during 20 non-consecutive nights from April 1, 2016 to December 31, 2017. The project would consist of planning asphalt lanes, some pavement repair, and placement of new asphalt, pavement marking and installation of traffic loops. Construction equipment used during the nighttime operations will include, but is not limited to: dump trucks, flatbed trucks, generators, portable lighting (light plants), paving machines, planning grinders, compaction rollers & hand compactors, air compressors, sweepers, cement mixer trucks, painting vehicles and saw cutters for asphalt. Noise levels resulting from project construction activities will generate peak noise levels of 68 to 84 dBA as perceived at a distance of 50 feet from the WSDOT property lines. When feasible, temporary noise shields will be placed around construction equipment. In addition, the proponent proposes to implement other measures to mitigate noise impacts. One -ton pick-up trucks will not be allowed to park or idle near residences. An after-hours noise complaint phone number will be provided to all residents affected by the project. Use of backup alarms will be minimized; and "approved" bed liners shall be installed into dump trucks to help mitigate the sound of material being placed into or dumped out of dump trucks. The project is located along State Route 167, northbound lanes between Mile Post 24.41 and Mile Post 24.80. The portion of the project that is within the City of Renton limits includes work and improvements within the State Right of Way limits only. The project also requires Street Use and detour permits. The project will include nighttime work where the zoning varies from residential to commercial zoning designations. 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: Letter of December 2, 2015 from WSDOT requesting the variance Exhibit 2: Aerial Photo, SR 167 North Bound Lanes Pavement Rehabilitation Exhibit 3: Table 2 —Types of equipment - Noise Levels (dBA) - Proposed Mitigation Measures Exhibit 4: Attachment 3 Operations & Equipment List Exhibit 5: Justification for the Noise Variance Request WSDOT NOISE VARIANCE HEX REPORT City of Renton Department of Community & Economic Development W500T NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT BiLITATION LUA15-000437, V -H Report of January 13, 2016 Page 3 of 6 D. FINDINGS. Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request: Variance from RMC 5-7-2 (Maximum Environmental Noise Levels) for work between 10:00 pm and 7:00 am over 20 non-consecutive nights from April 1, 2016 to December 31, 2017. 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 Arterial (CA), Commercial Office (CO), Residential — 6 Dwelling Units per Acre (R-6) 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 relevont 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 167 is a heavily travelled State Route; the corridor carries approximately 120,000 vehicles per day. The existing pavement has reached the end of its useful life and is in need of repair/maintenance work. SR 167 serves as a main connector for motorists, mass transit as well as freight and commercial movements within the Puget Sound area. Nighttime work is proposed to minimize traffic congestion impacts to drivers, businesses, school buses and local commuters during daytime hours. Conducting the work at night will limit disruption to the transport of people goods and services and impacts to the City of Renton's arterials and local streets. 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. 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. WSDOTNOISE VARIANCE HEXREPORT City of Renton Deportment of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT 5R 167 NORTHBOUND LANES, PAVEMENT BILITATION LUAIS-000437, V -H Report of January 13, 2416 Page 4 of 6 Staff Analysis: Temporary nighttime construction is a powerful tool that allows WSDOT to lessen traffic congestion and limit disruption to highway users while maintaining the highway system. Noise levels from construction equipment diminish with distance; a 6 dBA noise level decreases with the doubling of the distance from the 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 levels also decrease if an object interferes with the receiver's line of sight to the noise source. For City residents the attenuation will depend on the relative elevation of the noise source and the receiver, and the height and location of the intervening object. The noise will occur during 20 non-consecutive nights over the course of 20 months. Noise levels projected for this project are estimated to range from 68 to 84 dBA heard at 50 feet. With distance, topography and proposed mitigation measures included in the assessment, WSDOT estimates that residences will notice the nighttime work but not as severe as without the proposed mitigation measures. The improvements to the roadway will ultimately increase public health, safety and welfare. Therefore, staff believes that the noise impacts would be of a limited duration and intensity, and would not be materially detrimental to the public health, welfare, or safety. Property and/or improvements in the area would not be unduly damaged as the work would be limited to the public right-of-way, and the noise generated would not damage property or improvements. If any noise complaints are received, the contractor and WSDOT will work on implementing alternative mitigation measures to stop the disruption. Staff posted and mailed a notice to residents within 300 feet of the project corridor. No comments 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 20 months on 20 non-consecutive nights. The work will impact a small portion of the north bound SR 167 lanes within the City of Renton, approximately 2,200 lineal feet. Mitigation measures are proposed by the applicant to diminish the 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; WSDOT NOISE VARIANCE HEX REPORT City of Renton Department of Community & Economic Development SR 167 NORTH BOUND LANES, PAVEMENT BILITATION Report of January 13, 2016 f. implementation of "approved" bed liners in dump trucks; g. Restrictions to specific times and days; WSDOT NOISE VARIANCE HEX REPORT LUA15-000437, V -H Page 5 of 6 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, L 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 shields will be used as directed by the engineer and when feasible. Back-up beepers will be ambient sensitive backup alarms, and truck tailgate banging will not be allowed and dump trucks will have "approved" bed liners. An after-hours noise complaint phone number staffed by WSDOT and/or their contractors will be provided. Staff recommends as a condition of approval that WSDOT 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 5 days of receiving the complaint. 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: improvements to this heavily travelled state route 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. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Analysis: The work is for repair and improvement of the specific SR 167 north bound road corridor. No alternative locations are possible. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. WSDOT NOISE VARIANCE HEX REPORT City of Renton Department of Community & Economic Development WSDOT NOISE VARIANCE HEX REPORT SR 167 NORTH BOUND LANES, PAVEMENT BILITATION LUAI5-000437, V -H Report of January 13, 2016 Page 6 of 6 Staff Analysis: The work within the 2,200 lineal feet corridor will occur over 20 months on 20 non- consecutive days. Work in any one particular area will not be for an extended duration. F. CONCLUSIONS: THE CORRIDOR IS LOCATED WITHIN THE SR 167 RIGHT-OF-WAY, FROM MILEPOST 24.41 TO MILEPOST 24.80. THE WORKS WOULD OCCUR OVER 20 MONTHS ON 20 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. G. RECOMMENDA TION: Staff recommends that the Variance for the SR 167 North Bound Lanes Pavement Rehabilitation, File No. LUA 15-000437, V 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 5 days of the complaint. 2. The applicant shall implement proposed 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. WSDOT NOISE VARIANCE HEX REPORT Amk� Washington state w. Department of Transportation Lynn Peterson Secretary of Transportation December 2, 2015 Jennifer Henning, A1CP Planning Director City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 Dear Ms. Henning: Northwest Region 15700 Dayton Avenue North A O. Box 330310 Seattle, WA 98133-9710 206-440-4000 Trr 1 -Boo -833-6388 www.wsdoLwa.gov RE: XL 4743 Noise Variance Request SR 167 NB S 212`h St to SW 43`d St. — Paving - MP 24.41 to MP 24.80. Dear Ms. Henning: The purpose of this letter is to update our application submitted last March 1, 2015 and to request a noise variance hearing for the named project. Due to the Iatest legislature transportation funding package, the northern part of the previous submittal will be constructed by the SR167/I-405 Direct Connector project. The new project limits within the city of Renton are Ord St to 37"' St. Consequently we are now requesting 20 non-consecutive nights of temporary noise variance to complete roadway rehabilitation and other project repairs along northbound SR 167 within the city of Renton. WSDOT Acoustics group requests relief from the requirements of the Renton Municipal Code, Title Vlll -- Health and Sanitation - Chapter 7 - and Noise Level Regulations, as per section 8-7-2 and the Washington State Administration Code (WAC) Chapter 173-60, allowing the WSDOT representative to work at night. The project Advertisement Date is set for February 22, 2016. The project is planned to commence on April 1, 2016 with a contract completion of December 31, 2017 I want to ensure you are aware of the new 90 -day permit processing timeline for Department of Transportation projects and maintenance activities on a state highway. This new requirement became effective when Governor Inslee signed 2ESSB 5994 into law on July 6, 2015. The following new section has been added as RCW 47.01.485: (1) To the greatest extent practicable, a city, town, code city, or county must make a final determination on all permits required for a project on a state highway as defined in RCW 46.04.560 no later than 90 days after the department (WSDOT) submits a complete permit application far a project with an estimated cost of less than x'500 million. (2) WSDOT must report annually to the governor and the transportation committees of the House of Representatives and the Senate in compliance with RCW 43, 01.036 regarding any permit application that takes longer than 90 days to process. EXHIBIT 1 Please let me kiloN� � hcn you determine that the hermit appIication is complete or if you need additional informat toil to process this pci-111it Wc N alue our ongoing relationship with )nrir office. We intend to NNork coItaboratiNel\ and proacti%eiN tkith %ou to iIll plcnient this ncu lcgislatt� e la\� . Project Narratii e The project is Iocatod along State Route 167 born NliIc Post ?7.30 to Mlle Post 24.80: the %%ork within the City of Renton is located het%keen Milepost 24.41 to MP ?4.80. as sho«ri in the attached Vicir:ity Map. The SR 167 project includes the follolving items ofnork: [tein o1 Mork NLL[l1bC1'of llts l ]'reparation - Mobilization s - Rcillol inb paN ement markings Plannin = asphalt lanes 3 I Paitial pavement repair- pavement b 1k 4 � Marking Pa-vement Marking 3 }....-- Installing traffic loops i Table l : Project items of"ork, total number of nights equal 20 non-consecutive nights This project requires a Triflic Control Plan, Street Use Pci-snits and Detour Permits �Nhicll will he applied for separately to the Public Works Departmeipt The project will include nighttime work NN here the zoning varies +7 10111 residential. hotels, commercial, and light indirstrial zoning desitnatitiri. Traffic Limitations The pritlrary reas011 for conducting nighttime work is to av ofd daytime traffic congestion on SR 167 within the city of Renton. Day time lane and ramp closures along this well-trav Bled route are expected to Pause disruption in the urban circuiation as %fell as, increase travel tlmeti 1'()r the citizens of Renlon. Partial closures may impact cotmliercial and business traffic during business hours as well as delays to school routes and normal road users. Furthermore, data shows that da} time closures could increase traffic accidents and compromise the safety of workers and the traNchrig public within the construction zones. Attachment 1 lists the proposed lane closures for the SR 167 highway. Construction Equipment and predicted noise impacts during nighttime operations The construction equipment is described In I able ? included in Attachment 3 along with the estimated noise le,, el prediction to nearby receivers approximately 50 feet away as well as proposed i itigation measures. Proposed Nighttime Noise Mitigation WSDOT will require the contractor to adhere to the following noise reduction measures: 1. All vehicles shall be equipped with ambient sensitive backup warning devices. The Contractor may use hack -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 rack -up observers and back-up warning devices for dump trucks in compliance with WAC Chapter 296- 155-610. I Truck tailgate banging is prohibited. All trucks shall be secured to prevent excessive noise from banging. 3. All trucks perfonning export haul shall have well maintained bed liners as inspected and approved by the Engineer. 4. A copy of noise variance shall be kept on the project site at all tines. 5. Construction and stationary equipment, such as light plants, generators, compressors, and jackhammers must utilize WSDOT approved noise mitigation shields, noise blankets, skirts, or other means available as approved by the Engineer when feasible; 6. Provide a WSDOT complaint number as well as a list of designated contact persons for the purpose of forwarding complaints; 7. The Contractor notifies residents, within 500 feet of the project corridor, of nighttime work activities at least 14 calendar days in advance of the proposed nighttime construction work. The Project Engineer administering this project is listed as follows Mike Askarian P.E.: ask a ri ni (k wsdo t. w a_ ao v 6431 CORSON AVE S. Seattle, WA 98105 206-768-5861 Should construction activities, associated with this project, cause noise impacts, we request your help resolving any complaint we may receive by notifying the Project Engineer within 24 hours of occurrence. Sincerely, %--h- .00 Maria Laura Musso-Escude Acoustic. Air- QUaiit} and Energy Spccialist Attachments - cc: John Chi PE 'x`1392-1 ;() Mike Askarian, PE NBF?-60 He: XL4743 SR 1671NB S 713th St to 1-403 - PaNing 2 f Imo__ �An k �: _ �•:�:. �J � � i!' _ MP 24 End }work - + ;x j MP 24.6E ' ' F • iii .� -. :.R� T .,Frn.4@t1 Obi ~�• a -ZlTjCi _lYjtQ d rltd,EI eN V IN jill) latca%�1F.', -.-PL.LLacj '.' EXHIBIT 3 ATTACHMENT 3 Operations and Equipment List Diesel Planing machines Diesel Pavement Machines Diesel Dump Trucks Diesel powered back hoes and front loaders Diesel pickup trucks Diesel painting veh'cles MMA Grinders Light plants with generators Gas powered message signs and arrow signs Paving traveled lanes Planing existing asphalt surface Removing 2 inches of asphalt Placing new asphalt surface Placing 2 inches of asphalt Repairing lanes Removing up to 9 inches of asphalt Removing up to 9 inches of subgrade Placing 9 inches of subgrade Placing 9 inches of asphalt Striping new surface Remove existing marking; including lanes lines, HOV lines, HOV markings, raised pavement markers Installing new pavement marking; including #ane lines, HOV lines, HOV markers, raised pavement markers 47.)VC Justification for the Noise variance request o Tire Applicant suffers practical difficulties and uunecessar� hardship and the variance is necessary because of special circumstances. WSDOT is requesting this valiance to work at Bight based cin the fact that this portion of the SR 167 corridor carnes 1 ?0,00(1 �_ehicles 1)er day grid the etiieting pay cmcnt has reached the end of its life cycle SR 167 serves as a inam connector for motorist uses, mass transit and freight and commercial within the Puget Sound area. so its presert atiol is addressed in the ongoing WSDO F high" ay presenatiori budget. Day time closures full oi- partial to perforii tliis work would, haN e the potential to spike congestion on this North-South corridor negatively and would affect the city cif Renton arterials and local streets: consequently. i�orl;ii>g at night will allo\N resident4, businesses and drivers to he able to maintain traN el tiine while using this corridor The contractor on this project wd' be required to provide a safe and efficient movement of people, goods, and services through and around the project. while mimmi7ing negatiNe impacts to residents, commuters, and businesses. In order to meet these requirements, it is neccssary that the work for this project be done at night. Working at night is the best tray to minimize negative effects as a result of construction 'Much ~,vould only exacerbate the existing traffic conditions mentioned abo% e. The granting of the N ariancc will not be ma(erially detrimental to the public health or injurious to the proper" or improvements in the'<icinit� and zone in which subject property is situated, I ernporary nighttime. construction is one of the few tools that WSDOl- implies to lessen traffic congestion and disrulition to I) lii�ht�ay users ��liile improsing the roadway. 11c�wever, slang the Sit 167 paNenient repair project within the city of Renton, there are noise sensitive recei' ers at the top of the hill. Fast of SR 167 tha: might perceive sonic noise }.leaks over the existing SR 167 traffic background noise, espccially if they hal e direct line of sight to the -,work zone. The noise levels coming from constriction equipment will diminish with distance A 6-dBA noise tek-cl decrease will occur with the doubling of distance from a stationary noise source. Foi example. a noise Icvcl of 70 dBA measured at 50 fee` would be 64 dBA at 100 feet, 58 dBA at 200 feet and 5� dRA at 400 feet poise also decreases if an object interferes tivith the recei, er's line of sight to the noise source:. for residents within the city limits. this attenuation depends on the relative cleN ation of the source and the receiver. and the height and location cif tale inter ening object Noise levels projected for this project have been estimated that some activities may generate peak noise le,. els of bR to 84 dBA heard tit 50 Feet. Amblcnt traffic noise levels on SR 167 may reach approximately a� crags peak leN els up to bS dBA at tight at 50 feet from tra�cicd lane:. When distance is inecirporated into the assessment as �yeli a5 topogr-apli} and the proposed mitigation measures, "e estimate that the nearest residences ~.could still notice the EXHIBIT 5 nIghttirne'~ O"K but nut us eNere a5 witho-.t all the listed mitigation. Citizens hill be impacted to the minimum extent and there is no possibility that the public health or safeti Evill be diminished. If' any noise related comp] ainrs are 1-cceIvcd- the contractor along �zith the agencv %%iII cork on alternative mitigation measures to stop the disruption. The approN al of this variances shall not constitute a grant of special pri-ilege consistent vtith the limitation upon uses of other properties in the vicinit3 and zone in `%hich the property is situated, SR 167 existing pavement ,IFe cycle hab rcaLhcd the paint that shall he repaired by the next construction season and delaying the repair and resurfac ting the existing pat ement Ni ould create a further failing roadway structure The reser racing and repair of this portion of the high« ay «auld give riders, residents and users a well maintained and safe hlLgInvay. Construction noise mitigation measures are able to address or minimize any incon,,enience to the nearby residents so granting this variance «ould not cause 4L1SDOT to ad�crseiy affect the general policy and purpose of the ordinance 6 The approval is the minimum Variance that 1Nill accomplish the desire purpose The requested non-consccutiie days are the minimum rumbor of -nights required to complete this work and will address thc; nighttinic M ork at different locations along SR 167 within the city of' Renton as shod n cin the prop ided reaps