HomeMy WebLinkAboutSR_HEX_WSDOT_Noise_Variance_150224DEPARTMENT OF COMMUNIT
AND ECONOMIC DEVELOPMENT
PRELIMINARY REPORT TO THE HEARING EXAMINER REPORT
A. SUMMARY AND PURPOSE OF REQUEST
REPORT DATE:
Project Name:
Project Number:
Project Manager:
Owner:
Applicant:
Contact:
Project Summary:
Project Location:
Exist. Bldg. Area SF:
Site Area:
February 24, 2015
SR 900/Tukwila NCL to SR 167 Wye-Concrete Pavement Rehabilitation
LUA15-000036, V
Vicki Grover, Civil Engineer II
Washington State Department of Transportation
Laura Musso Escude, NW Regions Environmental Office, PO Box 330310,
Seattle, WA 98133-9710
N/A
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 34 non-consecutive nights from June 1,
2015 to December 31, 2015. The project is located along State Route 900
between Mile Post 6.66 to Mile Post 9.87 and includes the following
jurisdictions; Seattle, Tukwila and Renton as well as a portion of unincorporated
King County. The project that is within the City of Renton limits includes work
and improvements within the State Right of Way limits only.
Noise levels resulting from project construction activity would generate peak
noise levels of 68 to 85 dBA as perceived at a distance of SO feet from the
WSDOT 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).
WSDOT SR900/Tukwila to SR 167, Milepost 6.66 to Milepost 9.37
N/A Proposed New Bldg. Area (footprint): N/A
Proposed New Bldg. Area (gross):
2. 71 Lineal Miles Total Building Area GSF: N/ A
WSDOT NOISE VARIANCE HEX RE PORT
City of Renton Department of Commun;ty & Econ Development
SR 900/TUKWILA NCL TO SR 167 WYE-CONCRETE, -VEMENT REHAB/LITA TION
JOT NOISE VARIANCE HEX REPORT
LUA15-000036, V-H
Report of February 24, 2015 Page 2 of6
II 8. 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 would occur during 34 non-consecutive nights from June 1,
2015 to December 31, 2015. The project would consist of replacing concrete panels, conducting pavement
shoulder repairs, adding pavement markings, and constructing accessibility improvements in conformance
with the Americans with Disabilities Act (ADA). Construction equipment used during the nighttime
operations will include, but is not limited to: dump trucks, generators, portable lighting (light plants),
paving machines, grinders, compaction rollers, air compressors, and saw cutters for asphalt and concrete.
Noise levels resulting from project construction activity would generate peak noise levels of 68 to 85 dBA
as perceived at a distance of 50 feet from the WSDOT property lines.
When feasible, temporary noise shields would be placed around construction equipment. In addition, the
proponent proposes 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. Use of
backup alarms will be minimized;
The project is located along State Route 900 between Mile Post 6.66 to Mile Post 9.87 and includes the
following jurisdictions; Seattle, Tukwila and Renton as well as a portion of unincorporated King County.
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 and multi residential to light industrial 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).
I C. EXHIBITS:
The following exhibits were entered into the record:
Exhibit 1: Letter of January 15, 2015 from WSDOT requesting the variance
Exhibit 2: Aerial Photo, SR 900 Tukwila NCL to SR 167 Wye -Concrete Pavement
Rehabilitation
Exhibit 3: Aerial Photos (A-G) of proposed work
Exhibit 4: Email of February 12, 2015 to Vicki Grover requesting 4 additional nights of work
Exhibit 5: Aerial Photo of location of work proposed at Stevens Ave SW and SR 900
Exhibit 6: Proposed Mitigation Measures
Exhibit 7: WAC 173-60-040 Maximum permissible environmental noise levels
WSDOT NOISE VARIANCE HEX REPORT
City of Renton Department of Community & Economic Development
SR 900/TUKWILA NCL TO SR 167 WYE-CONCRET 'EMENT REHABILITATION
WSOOT NOISE VARIANCE HEX REPORT
LUA15-000036, V-H
Report of February 24, 2015 Page 3 of 6
I 0. FINDINGS:
Having reviewed the written record in the matter, the City now makes and enters the following:
J. Request: Variance from RMC 8-7-2 (Maximum Environmental Noise Levels) for work between
10:00 pm and 7:00 am over 34 non-consecutive nights from June 1, 2015 to December 31, 2015.
l. Variance: The proposal requires a public hearing with the Hearing Examiner.
3. Existing Land Uses: Single family residential, multi-family residential, commercial, industrial
4. Zoning: Residential Multi-Family (RMF), Industrial -Light (IL), Commercial Arterial (CA),
Commercial Neighborhood (CN), Residential -8 Dwelling Units per Acre (R-8)
I 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
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:
l-That the applicant suffers practical difficulties and unnecessary hardship and the variance is
necessary because af 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 900 is a heavily travelled State Route. 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. WSDOT has indicted that safety for drivers and construction workers improves when
work is conducted at night. Permitted noise levels would be exceeded during construction, in the
area where the work is occurring. The type of equipment needed to replace concrete panels, saw
cut asphalt and concrete, grind pavement, compact and paint pavement markings generates noise
that could and will exceed 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.
Staff Analysis: Noise impacts would occur during nighttime hours and the majority of noise
emanating from the project would be similar to existing ambient noise on SR 900. Noise would be
perceptible at times during construction. However, the noise would occur during 34 non-
consecutive nights over the course of 7 months. The noise would vary depending on the
WSDOT NOISE VARIANCE HEX REPORT
City of Renton Department of Community & Economic Development
SR 900/TUKWILA NCL TO SR 167 WYE-CONCRET 'EMENT REHABILITATION
WSDOT NOISE VARIANCE HEX REPORT
WAlS-000036, V-H
Report of February 24, 2015 Page 4 of 6
construction activities, and the noise would not occur in the entire corridor for the duration of
construction. The work would be conducted over 2.71 linear mile corridor. The improvements to
the roadway would 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.
Staff posted and mailed a notice to residents within 300 feet of the project corridor. No
comments were received.
3-That the variance sought is the minimum variance which will accomplish the desired purpose.
Staff Analysis: The work would occur over 7 months on 34 non-consecutive nights. The work
would impact different portions of a 2.71 mile corridor, and would not be unduly burdensome on
any one location. 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;
f. Restrictions to specific times and days;
g. Specific requirements for documentation of compliance with the noise variance
conditions;
h. Specific requirements for 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;
I. Requirements for written verification that all workers understand the noise variance
conditions for the project; and
WSDOT NOISE VARIANCE HEX REPORT
City of Renton Department of Community & Economic Development
SR 900/TUKWILA NCL TO SR 167 WYE·CONCRET EMENT REHABILITATION
Report of February 24, 2015
WSDOT NOISE VARIANCE HEX REPORT
LUAlS-000036, V-H
Page 5 of 6
m. Provision allowing the City to immediately revoke the variance approval if the variance
conditions are violated.
Staff Analysis: The applicant will limit the use of equipment (dump trucks, generators, portable
lighting, paving machines, grinders, compaction rollers, air compressors, and saw cutters for
asphalt and concrete). 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. An after-hours noise complaint phone number staffed by WSDOT 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 complaint and the response
provided, within 10 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. 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: The work is repair and improvement of the specific SR 900 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.
Staff Analysis: The work within the 2.71 mile corridor would occur over 7 months on 34 non-
consecutive days. Work in any one particular area will not be for an extended duration.
WSDOT NOISE VARIANCE HEX REPORT
City of Renton Department of Community & Economic Development
SR 900/TUKWILA NCL TO SR 167 WYE-CONCRET 'EMENT REHABILITATION
Report of February 24, 2015
WSDOT NOISE VARIANCE HEX REPORT
LUAlS-000036, V-H
Page6of6
F. CONCLUSIONS:THE SUBJECT SITE IS LOCATED WITHIN SEVERAL JURISDICTIONS (RENTON, TUKWILA,
AND UNINCORPORATED KING COUNTY). THE CORRIDOR IS LOCATED WITHIN THE SR 900 RIGHT-OF-
WAY, FROM MILEPOST 6.66 TO MILEPOST 9.87. THE WORKS WOULD OCCUR OVER 7 MONTHS ON 34
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.
I G. RECOMMENDATION:
Staff recommends that the Variance for the SR 900/Tukwila NCL to SR 167 Wye -Concrete Pavement
Rehabilitation, File No. LUA 15-000036, V be approved subject to the following conditions:
l, 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 10
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
Weshington State
Department o, Transportation
Lynn Peterson
Secretary of Transportation
---·---·
January 15, 2015
Jennifer Henning, AICP
Planning Director
City of Renton Planning Division
1055 South Grady Way
Renton, WA 98057
Dear Ms Henning:
RE: XL 4526 Noise Variance Request
Northwest Region
15700 Dayton Avenue North
P.O. Box 330310
Seattle, WA 98133-9710
206-440-4000
lTY: 1-800-833.£388
-www.wedotwa.gov-
SR900 Tukwila NCL to SRI67 Wye -Concrete Pavement Rehabilitation
MP 6.66 to MP 9.87
Dear Ms. Henning:
The purpose of this letter is to request 30 non-consecutive nights of temporary noise
variance to complete roadway rehabilitation and other project repairs along SR 900
/MLK Jr. Way S. within the City of Renton. WSDOT Acoustics group requests relief
from the requirements of the Renton Municipal Code, Title VIII -Health 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 is planned to commence on June I, 2015
with a contract completion of December 31, 2015.
Project Narrative
The project is located along State Route 900 between Mile Post 6.66 to Mile Post 9.87
and includes the following jurisdictions; Seattle, Tukwila and Renton as well as a
portion of unincorporated King County.
The project within the City of Renton limits includes the following items of work and
improvements within the State Right of Way limits only. The project requires Street
Use and de-tours permits and the City currently has the application on file.
The project will include nighttime work where the zoning varies from residential and
multi residential to light industrial zoning designations. RECEIVED
EXHIBIT 1
JAN 2 2 2015
CITY OF RENTON
PLANNING DIVISION
Number of
Item Item of work Location niohts
Preparation / Mobilization 13400MLKJr. Way
1 vicinity to SR167 5
Wve
Pavement shoulder repair S. 135th St. to 10
2 Thomas Ave. SW
vicinity
3 Replace Concrete Panels 135m St. to
JO Oakesdale Ave. SW
4 Pavement Marking SR 900 within city 5 limits
Table 1: Project items of work, number of rughts equal 30 non consecutive nights
Traffic Limitations
The primary reason for conducting nighttime work is to avoid daytime traffic
congestion on SR 900 /Martin Luther King Blvd. within the city of Renton. Day time
full and partial closures along this well-traveled route are expected to cause disruption
in the urban circulation as well as increase travel times for the citizens of Renton.
Partial closures may impact commercial and business traffic during business hours as
well as delays to school routes and normal road users. Furthermore, data shows that
day time closures could increase traffic accidents and compromise the safety of
workers and the traveling public within the construction zones. Attachment 1 lists the
proposed Jane closures for the SR 900 highway.
Construction Equipment and predicted noise impacts during nighttime operations
The construction equipment is described in Table 2 included in Attachment 2 along
with the estimated predicted noise levels at nearby receivers approximately 50 feet
away and proposed mitigation measures.
Proposed Nighttime Noise Mitigation
WSDOT will require the contractor to adhere to the following noise reduction
measures:
I. All vehicles shall be equipped 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 devices for dump trucks in compliance with WAC Chapter
296-155-610.
2. Truck tailgate banging is prohibited. All trucks shall be secured to prevent
excessive noise from banging.
3. All trucks performing 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 times.
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 the projects are listed as follows
Aleta Borschowa P.E.;
BORSCHA@wsdot.wa.gov
6431 CORSON A VE S.
Seattle, WA 98108
206-768-5862 (x5862)
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.
Maria Laura Musso-Escude
Acoustic, Air Quality and Energy Specialist
Attachments:
cc: Gary McKee PE
Aleta Borschowa, PE
File: XL4526 -SR900 Paving Repair
NB82-136
NB82-60