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HomeMy WebLinkAboutWSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT WSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 PRELIMINARY REPORT TO THE HEARING EXAMINER REPORT A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: October 19, 2015 Project Name: SR 900/Tukwila NCL to SR 167 Wye-Concrete Pavement Rehabilitation Project Number: LUA15-000709, V-A 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: N/A 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 34 non-consecutive nights from April 1, 2016 to December 31, 2016. 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 50 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). Project Location: WSDOT SR900/Tukwila to SR 167, Milepost 6.66 to Milepost 9.37 Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A Site Area: 2.71 Lineal Miles Total Building Area GSF: N/A City of Renton Department of Community & Economic DevelopmentWSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 SR 900/TUKWILA NCL TO SR 167 WYE-CONCRETE PAVEMENT REHABILITATION LUA15-000709, V-H LUA15-000709, V Report of October 19, 2015 Page 2 of 6 WSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 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 would occur during 34 non-consecutive nights from April 1, 2016 to December 31, 2016. 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). C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Letter dated September 24, 2015 from WSDOT requesting noise variance Exhibit 2: Vicinity Map, SR 900 Tukwila NCL to SR 167 Wye – Concrete Pavement Rehabilitation Exhibit 3: Aerial Photos (A-G) of proposed work Exhibit 4: Aerial Photo of Work Zone Map Exhibit 5: Proposed Mitigation Measures Exhibit 6: WAC 173-60-040 Maximum permissible environmental noise levels City of Renton Department of Community & Economic DevelopmentWSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 SR 900/TUKWILA NCL TO SR 167 WYE-CONCRETE PAVEMENT REHABILITATION LUA15-000709, V-H LUA15-000709, V Report of October 19, 2015 Page 3 of 6 WSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 D. FINDINGS: Having reviewed the written record in the matter, the City now makes and enters the following: 1. 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 April 1, 2016 to December 31, 2016. 2. 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) 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: 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 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 9 months. The noise would vary depending on the City of Renton Department of Community & Economic DevelopmentWSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 SR 900/TUKWILA NCL TO SR 167 WYE-CONCRETE PAVEMENT REHABILITATION LUA15-000709, V-H LUA15-000709, V Report of October 19, 2015 Page 4 of 6 WSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 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 9 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; l. Requirements for written verification that all workers understand the noise variance conditions for the project; and City of Renton Department of Community & Economic DevelopmentWSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 SR 900/TUKWILA NCL TO SR 167 WYE-CONCRETE PAVEMENT REHABILITATION LUA15-000709, V-H LUA15-000709, V Report of October 19, 2015 Page 5 of 6 WSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 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 9 months on 34 non- consecutive days. Work in any one particular area will not be for an extended duration. City of Renton Department of Community & Economic DevelopmentWSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 SR 900/TUKWILA NCL TO SR 167 WYE-CONCRETE PAVEMENT REHABILITATION LUA15-000709, V-H LUA15-000709, V Report of October 19, 2015 Page 6 of 6 WSDOT NOISE VARIANCE HEX REPORT_SR900.Tukwila NCL.SR 167 WCPR_15-000709v.2 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 9 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. G. RECOMMENDATION: Staff recommends that the Variance for the SR 900/Tukwila NCL to SR 167 Wye – Concrete Pavement Rehabilitation, File No. LUA 15-000709, 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 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.