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HomeMy WebLinkAboutSR_Energize Eastside_Noise_Variance_v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT A. REPORT TO THE HEARING EXAMINER Hearing Date: January 11, 2022 Project File Number: PR18-000049 Project Name: Puget Sound Energy Energize Eastside Noise Variance Land Use File Number: LUA21-000425, V-H Project Manager: Jill Ding, Senior Planner Owners: City of Renton, 1055 S Grady Way, Renton, WA 98057 Liberty Ridge HOA, C/O Around the Clock, Inc., 716 W Meeker St, #101, Kent, WA 98032 Puget Sound Energy, PO BOX 97034, Bellevue, WA 98009 Quarry Industrial Park, LLC, 9125 10th Ave S, Seattle, WA 98108 Applicant: Bradley Strauch, Puget Sound Energy (PSE), 6500 Ursula Place S, Seattle, WA 98108 Contact: Marissa Gifford, HDR, 929 108th Ave NE, Suite 1300, Bellevue, WA 98004 Project Location: Pole locations: 4307301220 and 1623059012 Aerial crossing: 4307301220, 430730TRCT, 1623059035, 1623059131, 162305HYDR, 1623059033, 1623059078, 1623059012 Project Summary: The applicant is requesting a Hearing Examiner Noise Variance for construction related to the Energize Eastside Project (LUA18-000055) which includes the upgrading of four (4) miles of two (2) existing 115 kV transmission lines with two (2) 230 kV transmission lines. The proposal would include construction work during nighttime hours for work across State Route (SR) 169/Renton-Maple Valley Road. The requested nighttime work hours would limit daytime traffic impacts along SR-169 and other highways in the area. For construction work anticipated for this project, the three (3) loudest pieces of equipment would include a compactor (83 decibels [dB]), a dozer (82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase of decibel addition for this equipment, the combined noise output is anticipated to reach up to 87 dB should these three (3) pieces of equipment be in use simultaneously; equipment use and associated noise would be episodic during nighttime work. Construction activities at this location include installation of the conductor, shield wire, and communication fiber on the transmission line support structures (also referred to as “stringing”). Work is proposed for 4 to 5 nights per w eek for approximately ten (10) weeks of consecutive (or non-consecutive) nighttime work between February 1, 2022 and June 1, 2022. The proposed nighttime work would occur within PSE’s existing easement near R-6, R-10, and R-14 zoned properties. It is anticipated that noise impacts would be mitigated by existing topography, existing vegetation, and distance from project activities. The requested nighttime work would reduce the overall duration of the project. The proposed work would occur approximately 120 feet away from the nearest residences. Site Area: Approximately 6 acres City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 2 of 7 B. EXHIBITS: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Neighborhood Detail Map Exhibit 3: Noise Attenuation Map Exhibit 4: Variance Justification Exhibit 5: Public Comment and Staff Response C. GENERAL INFORMATION: 1. Owner(s) of Record: City of Renton 1055 S Grady Way Renton, WA 98057 Liberty Ridge HOA C/O Around the Clock, Inc. 716 W Meeker St, #101 Kent, WA 98032 Puget Sound Energy PO BOX 97034 Bellevue, WA 98009 Quarry Industrial Park, LLC 9125 10th Ave S Seattle, WA 98108 2. Zoning Classification: The project site is located within the RC, R-10, and R-14 zones. 3. Comprehensive Plan Land Use Designation: The project site is located within the Residential Low Density (RLD), Residential Medium Density (RMD), and N 30th St I-405 Project Location Map City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 3 of 8 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 1293 11/18/1947 Annexation History N/A 2170 08/04/1965 Puget Sound Energy Energize Eastside LUA18-000055 03/24/2020 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 November 24, 2021 and determined the application complete on November 30, 2021. The project complies with the 120-day review period. 2. The proposed poles would be located on parcels 4307301220 and 1623059012, and the aerial crossing of the proposed transmission power lines would cross parcels 4307301220, 430730TRCT, 1623059035, 1623059131, 162305HYDR, 1623059033, 1623059078, 1623059012. 3. The project site is currently an existing transmission line corridor for use by PSE. 4. Moderate Coal Mine Hazard Areas, erosion hazard areas, floor hazard area, moderate landslide hazard areas, protected slopes, a seismic hazard area, wetlands, streams, and the Cedar River, reach C (a shoreline of statewide significance) are mapped within the project area. 5. The applicant is proposing construction work from February 2022 to June 2022. Residential High Density (RHD) Comprehensive Plan Land Use designations. 4. Existing Site Use: PSE transmission line corridor 5. Critical Areas: Moderate Coal Mine Hazard Areas, erosion hazard areas, floor hazard area, moderate landslide hazard areas, protected slopes, a seismic hazard area, wetlands, streams, and the Cedar River, reach C (a shoreline of statewide significance) are mapped within the project area. 6. Neighborhood Characteristics: The PSE transmission line corridor crosses and abuts State Route (SR) 169 Right-of-Way, RC, R-8, R-10, R-14, and COR zoned properties. 7. Site Area: Approximately 6 acres City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 4 of 8 6. Staff received one public comment email regarding the proposed work, see Exhibit 5 for email chain between City staff, PSE, and Ms. Melanie Jordan. 7. The requested noise variance would be exempt from Environmental (SEPA) Review in accordance per the exemption for variance land use decisions under WAC 197-11-800(6)(e). 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: The proposal would include construction work during nighttime hours for work across State Route (SR) 169/Renton-Maple Valley Road (RMC 4-4-030C). The requested nighttime work hours would limit daytime traffic impacts along SR-169 and other highways in the area. For construction work anticipated for this project, the three (3) loudest pieces of equipment would include a compactor (83 decibels [dB]), a dozer (82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase of decibel addition for this equipment, the combined noise output is anticipated to reach up to 87 dB should these three (3) pieces of equipment be in use simultaneously; equipment use and associated noise would be episodic during nighttime work. Work is proposed for 4 to 5 nights per week for approximately 10 weeks of consecutive (or non-consecutive) nighttime work between February 1, 2022 and June 1, 2022. 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: The applicant contends that the requested noise variance is necessary to avoid daytime rolling slowdowns on SR-169 that would cause significant traffic congestion that would likely spill over onto City streets. Additionally, the Washington State Department of Transportation (WSDOT) would not permit daytime rolling slowdowns on SR-169 that have potential to impact traffic congestion on SR-169 and other area highways. The proposed project occurs within PSE’s existing transmission line corridor which incudes an aerial crossing of SR-169; no alternative locations are possible. Strict application of the City’s noise regulations would deprive PSE of the ability to construct this project in a manner that is compatible with the interests of the surrounding community. Staff concurs that the applicant suffers practical difficulties with regards to compliance with the City’s adopted work hours as specified in RMC 4-4-030C as WSDOT will not permit project construction during the daytime as this would result in increased traffic congestion on SR-169. 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 applicant contends that the proposed noise impacts would be mitigated to the extent reasonably practicable under the circumstances and would be of relatively short duration with regards to overall project construction. It is anticipated that noise impacts would be mitigated by existing topography, existing vegetation, and distance from project activities. The requested nighttime work would reduce the overall City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 5 of 8 duration of the project. The proposed work would occur approximately 120 feet away from the nearest residences. In addition, the applicant is proposing to implement the following mitigation measures to further mitigate any noise impacts on the surrounding neighborhood: a) Provide a PSE/Contractor complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. b) Contractor will limit noise levels to the greatest extent practicable, and noise levels will not exceed those described in this noise variance application. c) Contractor will use equipment as described in this noise variance application. d) Care will be taken not to bang tail gates while unloading material from truck beds. e) Contractor will avoid parking and idling vehicles and equipment next to residences to the extent possible. With the implementation of the above mitigation measures, the applicant contends that the granting of the variance would 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 concurs that with the mitigation proposed above, the requested noise variance would not be materially detrimental to the public welfare, in addition, the proposed work would reduce 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 proposed work must be done at night (10 pm to 7 am) between February 1, 2022 and June 1, 2022 due to WSDOT permit requirements associated with necessary rolling slowdowns and to avoid significant congestion impacts during the day on both SR-169 and City streets. Night work will be limited to only that which is necessary due to stipulations in the WSDOT permit and would be completed within a shorter time period than if the work were conducted during the daytime hours. Staff concurs that the requested variance is the minimum variance necessary to allow the applicant to complete the required work in compliance with the conditions of their WSDOT Permit for construction over SR-169, would also reduce daytime traffic congestion along SR-169, and would allow the work to be completed within a shorter time period. 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; City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 6 of 8 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: The applicant anticipates that noise impacts would be mitigated by existing topography, existing vegetation, and distance from project activities. The requested nighttime work would reduce the overall duration of the project. The proposed work would occur approximately 120 feet away from the nearest residences. In addition, as previously discussed above under criterion “b.”, the applicant has proposed several noise mitigation measures that could be implemented during project construction to reduce the impacts of the proposed construction on surrounding residential uses. The applicant further notes that they would not be able to limit their usage of back-up beepers (#4 above) due to safety regulations and further notes that noise shields or barriers (#5 above) would not be applicable to the project proposal. Staff concurs that with the implementation of the mitigations measures as recommended in criterion “b.” 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 applicant contends that the need for the variance is critical to helping PSE alleviate congestion in a significant transportation corridor (SR-169) and potential impacts onto City streets. Noise impacts to affected residences are temporary and cannot be avoided given the need for the project and restrictions on work imposed by WSDOT. In addition, the requested variance is also anticipated to result in a shorter construction time period. Staff concurs that the requested variance would allow the applicant to construct required improvements associated with the Energize Eastside project in a manner that balances potential adverse noise impacts that would occur during nighttime construction hours to surrounding uses with the benefits of reducing traffic impacts during daytime hours and completing the work within a shorter time period. ✓ f. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 7 of 8 H. CONCLUSIONS: 1. The applicant, PSE, requested a noise variance in order to work during nighttime hours for work across State Route (SR) 169/Renton-Maple Valley Road. Work is proposed for 4 to 5 nights per week for approximately 10 weeks of consecutive (or non-consecutive) nighttime work between February 1, 2022 and June 1, 2022. 2. 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. I. RECOMMENDATION: Staff recommends approval of the Puget Sound Energy Energize Eastside Noise Variance Noise Variance, File No. LUA21-000425, V-H, as depicted in Exhibit 2, subject to the following conditions: 1. The Applicant shall implement the following noise mitigation measures: a. Provide a PSE/Contractor complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. Staff Comment: The applicant contends that there is no practical alternative location as PSE’s existing transmission corridor includes an aerial crossing of SR-169 and is located within residential areas of the City. Rolling slowdowns, which are necessary for overhead line removal and installations, would not be permitted by WSDOT during daylight hours due to congestion and traffic impacts. Staff has reviewed the request and concurs that there are no practical alternative locations or methods for the work proposed as WSDOT requirements do not permit construction during the daytime hours. The proposed pole locations were evaluated during the Environmental Impact Statement (EIS) process and Conditional Use Permit review process for Energize Eastside (LUA18-000055). During this process, it was determined that the proposed alignment for the transmission lines was the preferred location. ✓ 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: For construction work anticipated for this project, the three (3) loudest pieces of equipment would include a compactor (83 decibels [dB]), a dozer (82 dB), and an excavator or pump (both 81 dB). Based on the logarithmic increase of decibel addition for this equipment, the combined noise output is anticipated to reach up to 87 dB should these three (3) pieces of equipment be in use simultaneously. At locations with Class A EDNA receivers, the nighttime maximum noise level is 50 dBA per WAC 173-60-040. Noise levels between 70-90 dB (such that occur from a noisy restaurant, freeway traffic, hair dryer, or City traffic) can cause annoyance to people but are well below the threshold of pain (120-140 dB). Work is anticipated to be completed between February 1, 2022 to June 1, 2022, allowing for a quicker work period as opposed to daytime work. The proposed variance to permit nighttime work is not anticipated to significantly impact nearby residences as the closest residence is approximately 120 feet from project working areas. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Noise Variance Staff Report to the Hearing Examiner LUA21-000425, V-H Report of January 11, 2022 Page 8 of 8 b. Contractor will limit noise levels to the greatest extent practicable, and noise levels will not exceed those described in this noise variance application. c. Contractor will use equipment as described in this noise variance application. d. Care will be taken not to bang tail gates while unloading material from truck beds. e. Contractor will avoid parking and idling vehicles and equipment next to residences to the extent possible. f. 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: Puget Sound Energy Energize Eastside Noise Variance Land Use File Number: LUA21-000425, V-H Date of Hearing January 11, 2022 Staff Contact Jill Ding Senior Planner Project Contact Marissa Gifford, HDR 929 108th Ave NE, Suite 1300, Bellevue, WA 98004 Project Location Pole locations: 4307301220 and 1623059012 Aerial crossing: 4307301220, 30730TRCT, 1623059035, 623059131, 162305HYDR, 1623059033, 623059078, 1623059012 The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibit 1: Staff Report to the Hearing Examiner Exhibit 2: Neighborhood Detail Map Exhibit 3: Noise Attenuation Map Exhibit 4: Variance Justification Exhibit 5: Public Comment and Staff Response