Loading...
HomeMy WebLinkAboutSR_Olympic Pipeline_Noise_Variance_v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map A. REPORT TO THE HEARING EXAMINER Hearing Date: September 8, 2020 Project File Number: PR20-000198 Project Name: Olympic Pipeline Noise Variance Land Use File Number: LUA20-000167, V-H Project Manager: Jill Ding, Senior Planner Owner: City of Renton, 1055 S Grady Way, Renton, WA 98057 Applicant: Tim Dunn, Olympic Pipeline Co., LLC, 2319 Lind Ave SW, Renton, WA 98057 Contact: Carla Woodworth, GeoEngineers, inc., 17425 NE Union Hill Rd, Suite 250, Redmond, WA 98052 Project Location: Intersection of S 132nd St, Renton Ave S, and 84th Ave S Project Summary: The applicant is requesting a Noise Variance to work during night and weekend hours beyond the days and hours permitted in Renton Municipal Code (RMC) 4-4- 030 to complete Olympic’s pipeline inspection project. Olympic Pipe Line Company LLC (Olympic) operates a 12-inch-diameter pipeline that transports petroleum products through Western Washington, including through the City of Renton (Renton). The 12-inch diameter pipeline was recently internally inspected utilizing an in-line inspection (ILI) tool. Olympic is required by the U.S. DOT Office of Pipeline Safety to excavate and visually inspect sections of the pipeline where the internal inspection data indicates an anomaly so that any established repair criteria can be met. The internal pipeline inspection identified one anomaly on the 12-inch pipeline within the pipeline casing below the southbound/eastbound travel lane of Renton Avenue South, east of South 132nd Street. The anomaly must be inspected and repaired (if necessary). Olympic also will install a new vent and test wires to the existing steel casing at this site to allow for cathodic protection monitoring of the pipeline within the casing, also an activity required by the U.S. DOT Office of Pipeline Safety. Olympic requests that the work be allowed during extended nighttime work from Monday through Saturday between 8:00 pm and 7:00 am, Saturday daytime hours (from 7:00 am to 9:00 am), Saturday nighttime hours (from 8:00 pm to 12:00 am) and up to a 24-hour work day on Sunday to meet the project schedule. The project schedule as currently planned is 7 days and 6 nights. Site Area: Approximately 560 sq. ft. City of Renton Department of Community & Economic Development Olympic Pipeline Noise Variance Staff Report to the Hearing Examiner LUA20-000167, V-H Report of September 8, 2020 Page 2 of 7 SR_Olympic_Pipeline_Noise_Variance Staff Report B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Franchise Application and Construction Plan Set Exhibit 3: Traffic Control Plan Exhibit 4: Variance Justification C. GENERAL INFORMATION: 1. Owner(s) of Record: City of Renton 1055 S Grady Way Renton, WA 98057 2. Zoning Classification: N/A, City of Renton Public Right-of-Way 3. Comprehensive Plan Land Use Designation: N/A, City of Renton Public Right-of-Way 4. Existing Site Use: City of Renton Public Right-of-Way 5. Critical Areas: Protected and sensitive slopes are mapped within the project vicinity 6. Neighborhood Characteristics: City of Renton Public Right-of-Way abutting R-10 and R-14 zoned properties 7. Site Area: Approximately 560 sq. ft. D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation History N/A 5484 10/14/2009 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Title VIII, Chapter 7 Noise Level Regulations G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on July 27, 2020 and determined the application complete on July 29, 2020. The project complies with the 120-day review period. 2. The project site is located at the Intersection of S 132nd St, Renton Ave S, and 84th Ave S. 3. The project site is currently a developed public right-of-way. 4. No tree removal is proposed. N 30th St NE 44th St City of Renton Department of Community & Economic Development Olympic Pipeline Noise Variance Staff Report to the Hearing Examiner LUA20-000167, V-H Report of September 8, 2020 Page 3 of 7 SR_Olympic_Pipeline_Noise_Variance Staff Report 5. Protected and sensitive slopes are mapped within the project vicinity 6. The applicant is proposing construction work to begin and end in fall of 2020. 7. Staff received no public comment letters or agency comments. 8. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 9. Variance Analysis: Olympic requests that the work be allowed during extended nighttime work from Monday through Saturday between 8:00 pm and 7:00 am, Saturday daytime hours (from 7:00 am to 9:00 am), Saturday nighttime hours (from 8:00 pm to 12:00 am) and up to a 24-hour work day on Sunday to meet the project schedule. The project schedule as currently planned is 7 days and 6 nights. The proposal is compliant with the following variance criteria, pursuant to RMC 8-7-8.D. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis  a. 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 Comment: Olympic is required to inspect the pipeline at an anomaly location identified during their recent internal inspection tool run. The U.S. DOT Office of Pipeline Safety requires the anomaly to be inspected and repaired, if necessary, by October 6, 2020. A steel casing was placed around the 12-inch pipeline during its installation to provide protection to the pipeline passing beneath the roadway (Renton Avenue S.). The pipeline anomaly is inside the cased section of pipeline. Olympic will use the opportunity of having the south casing end exposed during the inspection tool dig to install replacement test wires onto the casing, and to bring the test wires to the ground surface in a test station (vent) located on the south side of the sidewalk along Renton Avenue S. The test wires will be routinely monitored as part of Olympic's cathodic protection program. Olympic is required by the U.S. DOT to excavate, inspect and repair, if necessary, the pipeline at the anomaly location identified during their recent internal inspection tool run. Because of the depth and extent of the required excavation area, the contractor will need to close three lanes of traffic, including the turn lane to S. 132nd Street, and the center median on Renton Avenue S., condensing five travel lanes down to two travel lanes for the duration of the project. To minimize the duration of the project and to protect workers from high traffic volume and speed during construction for a shorter period of time, Olympic proposes to work night hours and the weekend. Staff concurs that the work proposed would be best conducted during the shorter duration proposed, which would require allowing work during nighttime and weekend hours. Compliant if Condition of Approval is Met b. 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 Comment: The work area is between about 150 feet and 200 feet away from the closest residences and likely will have minimal noise impacts to the residents along City of Renton Department of Community & Economic Development Olympic Pipeline Noise Variance Staff Report to the Hearing Examiner LUA20-000167, V-H Report of September 8, 2020 Page 4 of 7 SR_Olympic_Pipeline_Noise_Variance Staff Report Renton Avenue S. However, if the nearest residences have offensive noise impacts, Olympic may need to address with mitigation measures as described below. Olympic has summarized the typical construction equipment that may be used for the project work activities (Exhibit 4) and the average maximum noise level of each piece of equipment individually at distances of 50 feet, 150 feet and 200 feet from the work area below. All of the noise sources will be point sources. We also have included some typical traffic noise levels and other types of background noise in a residential or commercial area and Renton Avenue S. ambient noise levels. Olympic is proposing to implement the following noise reduction strategies to mitigate the equipment noise levels and/or public notification to help prevent complaints: • Provide 24- to 48-hour notice to residents via a door hanger, or equivalent, before starting the work. • Trucks and equipment will use a reverse signal alarms or broad band alarms instead of standard pure-tone backup-warning devices (OSHA 29 CFR 1926.601(b)(4).o) If needed, all backup alarms can be turned off since Olympic will employ a backup observer to back trucks into work areas per BP safety protocols. • Care will be taken not to bang tail gates while unloading material from truck beds. • Contractor will avoid parking and idling trucks next to residences to the extent possible. • Warning horns will not be used except in emergency situations. • Traffic control drivers on Renton Avenue S. or South 132nd Street will park at least 150 feet away from residences, when feasible. • Residents will notice the operation of trucks and other equipment while the equipment is moving along the work area completing their task; however, the sound will dissipate as the trucks move away from the sensitive receiver. • Olympic will make every effort within their control to schedule activities with the highest noise-generating potential to occur during normal, non-variance workday hours. • Olympic will make every effort within their control to use equipment with the highest noise-generating potential individually and not concurrently during variance workday and night hours. • Fixed noise generating equipment will be positioned on-site to maximize the distance to the nearest residences. • The traffic control to channelize traffic to two lanes of travel will reduce noise generated by vehicles moving past the work area. Additional mitigation measures associated with improving resident relations may be implemented by Olympic, as necessary, if complaints are reported with the mitigation measures above used. Those measures may include: • Noise reducing technologies around pumps/generators, such as noise shields, and other methods • Coordination with complainants to create mutually agreeable compensation. Staff concurs that with the mitigation proposed above, the requested noise variance would not be materially detrimental to the public welfare, in addition, the proposed City of Renton Department of Community & Economic Development Olympic Pipeline Noise Variance Staff Report to the Hearing Examiner LUA20-000167, V-H Report of September 8, 2020 Page 5 of 7 SR_Olympic_Pipeline_Noise_Variance Staff Report work would reduce the duration of traffic impacts during the daytime hours as discussed in criterion “a.” above. Staff recommends as a condition of approval, that the mitigation proposed above be implemented during project construction.  c. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the requested 7 days and 6 nights noise variance is the minimum necessary to allow the project to be completed within the requested timeframe. Olympic would work to minimize the duration of the project construction; however, Olympic anticipates that the full requested duration of the project, 7 days and 6 nights, will be required for the project. Olympic proposes to make every effort within their control to schedule activities with the highest noise-generating potential, such as use of a vacuum truck, an excavator, a roller or a compactor, to occur during normal, non-variance workday hours. Staff concurs that the requested variance is the minimum variance necessary to allow the applicant to complete the required work within the requested timeframe. Compliant if All Conditions of Approval are Met d. 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: 1) Implementation of a noise monitoring program; 2) Maximum noise levels; 3) Limitation on types of equipment and use of particular equipment; 4) Limitation on back-up beepers for equipment; 5) Required use of noise shields or barriers; 6) Restrictions to specific times and days; 7) Specific requirements for documentation of compliance with the noise variance conditions; 8) Specific requirements for notification to nearby residents; 9) Required cash security to pay for inspection services to verify compliance; 10) Required access to the project by the City to verify compliance with the noise variance conditions; 11) Specific program to allow for temporary hotel vouchers to affected residents; 12) Requirements for written verification that all workers understand the noise variance conditions for the project; and 13) Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Staff Comment: As previously discussed above under criterion “b.”, the applicant has proposed several noise mitigation measures as well as alternative noise mitigation measures that could be implemented during project construction to reduce the impacts of the proposed construction on surrounding residential uses. Staff concurs that with the implementation of the mitigations measures as recommended in criterion “b.” City of Renton Department of Community & Economic Development Olympic Pipeline Noise Variance Staff Report to the Hearing Examiner LUA20-000167, V-H Report of September 8, 2020 Page 6 of 7 SR_Olympic_Pipeline_Noise_Variance Staff Report H. CONCLUSIONS: 1. The applicant, Olympic Pipeline Co., LLC, requested a noise variance in order to work during extended nighttime hours, Monday through Saturday between 8:00 pm and 7:00 am, Saturday daytime hours (from 2. 7:00 am to 9:00 am), Saturday nighttime hours (from 8:00 pm to 12:00 am) and up to a 24-hour work day on Sunday to meet the project schedule. The project schedule as currently planned is 7 days and 6 nights. 3. The proposed noise variance meets the seven (7) criteria to be considered in making a decision on a variance request as specified by RMC 8-7-8.D, if all conditions of approval are met. The analysis of the proposal according to noise variance criteria is found in the body of the Staff Report, see FOF 9. above that adverse impacts of the proposed construction would be adequately mitigated.  e. 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 Comment: The Olympic Pipeline serves terminals and airports in Western Washington and Oregon. The applicant contends that if they do not complete the inspection and repair (if needed) of the pipeline, the integrity of the pipeline could be impacted. As a result, there is a possibility that U.S DOT would require that Olympic de- rate this section of pipeline, requiring that Olympic reduce delivery pressure and rates. Reducing the delivery pressures and rates may have significant regional commercial impacts. Completing the project would improve the integrity of the pipeline and reduce the risk of an environmental release of produce from the pipeline. Staff concurs that the requested variance would allow the applicant to complete inspection and possible repair work in a manner that balances potential adverse noise impacts to surrounding uses with the benefits of completing the work quickly a reducing traffic impacts during peak hours.  f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: The applicant contends that there is no practical alternative location of the project since Olympic must inspect and repair the pipeline at the location of the anomaly. Staff concurs that the requested variance would allow the applicant to complete inspection and possible repair work in a manner that balances potential adverse noise impacts to surrounding uses with the benefits of completing the work quickly and reducing traffic impacts during peak hours.  g. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Comment: Olympic does not anticipate that the extent of the prescribed noise limitations (Exhibit 4) would be exceeded based on the known scope of the project and the anticipated equipment required to complete the project at this time. City of Renton Department of Community & Economic Development Olympic Pipeline Noise Variance Staff Report to the Hearing Examiner LUA20-000167, V-H Report of September 8, 2020 Page 7 of 7 SR_Olympic_Pipeline_Noise_Variance Staff Report I. RECOMMENDATION: Staff recommends approval of the Olympic Pipeline Noise Variance Noise Variance, File No. LUA20-000167, V- H, as depicted in Exhibit 2, subject to the following conditions: 1. The Applicant shall implement the self-imposed noise mitigation measures, as identified in criterion “b.” of FOF 9, to diminish or eliminate noise during project construction. In addition, a summary of any noise- related complaints received and the response provided shall be provided to the City’s project manager within five (5) days of receiving the complaint. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: Olympic Pipeline Noise Variance Land Use File Number: LUA20-000167, V-H Date of Hearing September 8, 2020 Staff Contact Jill Ding Senior Planner Project Contact Carla Woodworth, GeoEngineers, inc. 17425 NE Union Hill Rd, Suite 250, Redmond, WA 98052 Project Location Intersection of S 132nd St, Renton Ave S, and 84th Ave S The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Franchise Application and Construction Plan Set Exhibit 3: Traffic Control Plan Exhibit 4: Variance Justification