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HomeMy WebLinkAboutHEX Decision_I-405 and NE 30th Street Ramp Improvements _16-0002231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance - 1 CAO VARIANCE - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: WA State Dept. of Transportation Noise Variance LUA16-000223, V-H ))))))))) FINAL DECISION Summary The applicant has applied for a variance to the City’s noise standards in order to make required improvements to 1,900 linear feet of a northbound on-ramp to I-405 at NE 30th over 23 nonconsecutive nights from July 1, 2016 to July 1, 2018. The variance is approved subject to conditions. Testimony Vicki Grover, City of Renton Civil Engineer, summarized the proposal. In response to examiner questions, Ms. Grover noted that slide 5 of her power point presentation outlines the “proposed mitigation” referenced in the recommended staff conditions. In response to examiner questions, Linda Cooley, WSDOT representative, noted that light I-405 Traffic noise is 50 dBA. Trucks can generate noise levels of 70 dBA. The closest homes are about 280 feet to the project site. There’s a berm on the east side of the freeway that provides some noise relief. There’s also a noise wall. Ms. Cooley noted that there would not be a major difference between the construction noise and a loud truck. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance - 2 CAO VARIANCE - 2 Exhibits The April 19, 2016 staff report and its five attachments were admitted into the record during the hearing as Ex. 1. The staff power point was admitted as Ex. 2. Findings of Fact Procedural: 1. Applicant. Washington State Department of Transportation. 2. Hearing. A hearing was held on the subject application on April 26, 2016 in the City of Renton City Council Chambers. 3. Project Description. The applicant has applied for a variance to the City’s noise standards in order to make required improvements to 1,900 linear feet of a northbound on-ramp to I-405 at NE 30th over 23 nonconsecutive nights from July 1, 2016 to July 1, 2018. The queuing length of the existing on-ramp does not have enough capacity to prevent overflow of I-405 bound traffic into the City’s residential neighborhoods. The project is located between Milepost (MP) 6.5 and MP 6.9 of I- 405. In general, the essence of the project is to widen and restripe the existing ramp to accommodate a second metered lane. The project work includes removal of existing asphalt (new & replaced), striping, plastic traffic markings, traffic loops, ramp meter, signs and concrete barriers. The project proposes to install asphalt, curb and gutter, storm facilities, signage, traffic signals, fiber optic conduit, traffic loops, ramp meter, soldier pile wall, cast in place and pre-cast concrete barriers and one new street light. Construction equipment used during night time activities will include, but are not limited to: dump trucks, generators, portable lighting (light plants), paving machines, grinding machines for asphalt and striping, compaction rollers, air compressors, and saw cutters for asphalt, back hoes and front loaders, drilling machines and cement mixer trucks. Noise levels resulting from project construction activity would generate peak noise levels of 76 to 80 dBA as perceived at a distance of 50 feet from the NE 30th Street north bound on-ramp to I-405. 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). 4. Surrounding Uses. The closest homes are about 280 feet away from the project site and are separated by a berm and/or noise wall. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance - 3 CAO VARIANCE - 3 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as can be reasonably required of WSDOT. Noise impacts overall appear to be very marginal since the closest home is located at least 280 feet from the project and are shielded by a berm and/or noise wall. Night time ambient noise of I-405 is already at 50 dBA with 70 dBA for trucks. As shown in Ex. 5, the noisiest equipment used at the project site will generate noise levels of 85 dBA, which will be less than 73 dBA at the closest homes. As testified by staff, the work is critically necessary in order to increase holding capacity of the on-ramp and thereby reduce backups into the surrounding transportation network. With the mitigation measures recommended by staff and adopted by this decision, then noise generated by the proposal will not significantly exceed these ambient noise levels. Conclusions of Law 1. Authority. RMC 8-7-8(A) authorizes the hearing examiner to hear requests to variances of the noise standards set by Chapter 7 RMC. 2. Review Criteria. Noise variances are governed by RMC 8-7-8(D). Applicable criteria are quoted below in italics and applied through corresponding conclusions of law. RMC 8-7-8(D)(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. 3. The criterion is met. The work must be done during night time hours when noise limits are strictest in order to minimize disruption of the transportation system. The work is unavoidable as the on-ramp to I-405 is in serious need of upgrades to increase holding capacity repair as testified by Ms. Grover. RMC 8-7-8(D)(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. 4. As determined in Finding of Fact No. 5, the proposal will not create any significant adverse impacts. Consequently, it will not be materially detrimental to public health, welfare or safety or injurious to any property or improvements. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance - 4 CAO VARIANCE - 4 5. The applicant demonstrated during the hearing that the work is unavoidable and that the mitigation imposed is the most that could be reasonably required. For these reasons the variance is the minimum necessary. RMC 8-7-8(D)(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; l. Requirements for written verification that all workers understand the noise variance conditions for the project; and m. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. 6. Most of the measures identified above have been either proposed or required for the project as is evident from the conditions of approval. The measures taken to mitigate impacts have been found adequate by staff and it doesn’t appear that any additional measures from the list above would materially help to mitigate noise impacts. RMC 8-7-8(D)(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. 7. The need for improvements to I-405 are of critical importance and that has been balanced into the assessment of impacts (FOF No. 5) as required by the criterion above. RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 8. There are no practicable alternative locations or methods available. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance - 5 CAO VARIANCE - 5 RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. 9. As determined in Finding of Fact No. 5, the noise levels have been mitigated as much as reasonably possible and do not exceed ambient noise levels by a significant amount. DECISION As conditioned, the variance meets all applicable criteria as outlined in this decision. The conditions of approval are as follows: 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. All residences within 300 feet of the project site shall receive notice of the complaint phone number in advance of any night time construction work authorized by this decision. Notice shall be provided by door hanger, direct mail or similar method approved by staff. WSDOT shall provide hotel vouchers to complaining residents when it is unable to reasonably mitigate noise impacts. 2. The applicant shall implement proposed mitigation measures and develop alternate mitigation measures to diminish or eliminate noise during construction. Noise mitigation measures shall at a minimum include those identified in slide no. 5 of Ex. 2 and the mitigation measures identified in Ex. 5 to the staff report. 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; 5. Maximum noise level readings will be included in the noise monitoring program that will be conducted nightly and these results with the type of work being conducted during the noise level readings are to be provided to the City’s project manager. 6. Maximum noise levels are limited to those identified in Ex. 5 to the staff report. 7. Violation of these conditions of approval may result in immediate revocation of this variance by the administrator of the City of Renton Department of Community Development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance - 6 CAO VARIANCE - 6 DATED this 10th day of May, 2016. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the hearing examiner’s decision to be filed within fourteen (14) calendar days from the date of the hearing examiner’s decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8-100(G)(9). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.