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HomeMy WebLinkAboutNoise Variance Admin Report LUA17-000275 V-A A. ADMINISTRATIVE REPORT & DECISION – EMERGENCY  DECISION:  APPROVED  APPROVED SUBJECT TO CONDITIONS  DENIED  REPORT DATE: June 1, 2017  Project Name: Renton Highlands Sewer & Manhole Rehabilitation Phase 1 Noise variance  Owner: City of Renton Wastewater utility  Applicant: John Hobson, 1055 South Grady Way, Renton, WA  Contact: Same as Applicant; 425-430 - 6806  File Number: LUA17-000275, V-A  Project Manager: Rohini Nair, Civil Engineer III  Project Summary: The applicant is requesting a variance from RMC 8-7-2 (Noise Regulations, Maximum Environmental Noise Levels) in order to conduct rehabilitation of two sewer mains at night in areas with residential uses. The rehabilitation work will be done on sewer mains located on Jefferson Avenue NE, just north of its intersection with NE 10th Street. The work is proposed to be completed in two non-consecutive nights between June 16, 2017 and July 15, 2017. The night time work shall be achieved between 10:30 PM and 7:00 AM. The equipment to be used will include pick-up trucks, jetter trucks, generator, and refrigeration trucks. The rehabilitation operation generates approximately 84 dBA noise.  Project Location:  Jefferson Avenue NE north of intersection with NE 10th Street   B. EXHIBITS: The following exhibits were entered into the record:  Exhibit 1: Staff Report, dated June 1, 2017  Exhibit 2: Land use application from the applicant dated May 9, 2017  Exhibit 3: Submittal documents including applicant’s proposed noise mitigation measures  Exhibit 4: Exhibit 5: Public comment letter requesting information of dates of night work Comment response to the public comment letter in Exhibit 4   C. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: Chapter 7 Noise Level Regulations Section 8-7-8: Variances and Appeals D. FINDINGS OF FACT (FOF): The Planning Division of the City of Renton accepted the above master application for review on May 10, 2017 and determined the application complete on May 11, 2017. The project site is located on Jefferson Avenue NE, north of its intersection with NE 10th Street. The applicant is proposing to do the sewer rehabilitation work on two non-consecutive nights between June 16, 2017 and July 15, 2017. Noise variance requirements are as per RMC 8-7-8. One party of record request was received from the public: One request was received which included a request for information of dates of the proposed night work so that the requester could arrange to leave. Variance Analysis: The decision maker, in passing upon an application for a variance, shall consider all technical evaluations, all relevant factors and standards specified in other sections of this Chapter, and in addition thereto shall consider the following, none of which is mandatory for the granting of the variance: Compliance Variance Criteria and Analysis  ( 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 proposed sewer rehabilitation work will temporarily plug the side sewer to adjacent business. If the sewer rehabilitation work was done during the daytime, the adjacent business will not be able to function. The adjacent business has requested the applicant to do the sewer rehabilitation work after the business working hours of 10:30 pm to reduce impact on their business. Considering the request of the adjacent business, the applicant proposes the nighttime work to not impact adjacent business during the rehabilitation work.  ( 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: Noise impacts would occur during nighttime hours during construction. However, the night work would occur only on two non-consecutive nights, and mitigation measures are proposed by the applicant. Public notification was also provided to residents of the proposed noise variance request. Noise mitigation measures are proposed by the applicant to mitigate the nighttime noise due to the sewer rehabilitation work. Staff recommends that the applicant shall notify the City of Renton noise 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.  ( That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: Staff believes that the request of two non-consecutive nights is the minimum needed to accomplish the necessary sewer rehabilitation work.   ( That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: Staff believes that the request of two non-consecutive nights is the minimum needed to accomplish the necessary sewer rehabilitation work.  ( 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. Staff Comment: Staff believes that the request for two nights work is the minimum needed to accomplish the work associated with phase 1 of the Renton Highlands Sewer and Manhole Rehabilitation Project. The applicant has proposed a noise mitigation program that includes providing advance notification of proposed work to residents within 300 feet of the nighttime work area, implementation of a noise mitigation training program for all field work supervisors, providing a contact number to residents for reporting any nighttime noise concerns, providing disposable ear plugs to residents who have noise concerns, and if all other measures are insufficient to address the concern of the affected residents, providing hotel vouchers to nearest residents during the nighttime rehabilitation work. Staff recommends the implementation of the applicant proposed noise mitigation measures as a condition of approval. Furthermore, the applicant shall provide a summary of any complaints within the City of Renton to the City’s project manager, Rohini Nair, rnair@rentonwa.gov within 3 days of the complaint. Staff recommends that idling of the trucks should be minimized and if idling of the trucks are unavoidable, to locate the idling trucks as far as possible from the residences. Staff also recommends that the applicant shall notify the City of Renton noise 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.   ( 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. Staff Comment: Staff believes that the request for two nights work is the minimum needed to accomplish the work associated with phase 1 of the Renton Highlands Sewer and Manhole Rehabilitation Project. The applicant has proposed a noise mitigation program that includes providing advance notification of proposed work to residents within 300 feet of the nighttime work area, implementation of a noise mitigation training program for all field work supervisors, providing a contact number to residents for reporting any nighttime noise concerns, providing disposable ear plugs to residents who have noise concerns, and if all other measures are insufficient to address the concern of the affected residents, providing hotel vouchers to nearest residents during the nighttime rehabilitation work. Staff recommends the implementation of the applicant proposed noise mitigation measures as a condition of approval. Furthermore, the applicant shall provide a summary of any complaints within the City of Renton to the City’s project manager, Rohini Nair, rnair@rentonwa.gov within 3 days of the complaint. Staff recommends that idling of the trucks should be minimized and if idling of the trucks are unavoidable, to locate the idling trucks as far as possible from the residences. Staff also recommends that the applicant shall notify the City of Renton noise 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.  ( 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: Staff believes that the request is the minimum needed to accomplish the proposed sewer rehabilitation work, as the night time work is for a limited duration of only two nights. The sewer rehabilitation work will plug the side sewers to the adjacent business which will impact the operations of the business during the work day. Performing the sewer rehabilitation work during nighttime will enable the adjacent business to continue its operations without impacts from the rehabilitation work. The applicant is also proposing noise mitigation measures to address any potential noise impacts due to the nighttime work.  ( The availability of practicable alternative locations or methods for the proposed use which will generate the noise. Staff Comment: There are no other alternative locations for the Phase 1 of the Renton Highlands Sewer and Manhole Rehabilitation work. The sewer main will be rehabilitated using a process known as “Cured-in-Place Pipe” (CIPP). This process will allow the contractor to rehabilitate all 750 linear feet of this sewer main without any excavation. Staff believes that the request for the two nights of work is the minimum needed to accomplish the necessary work.  ( The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Staff Comment: Staff believes that the request for the two nights work is the minimum needed to accomplish the necessary sewer rehabilitation work of Phase 1 of the Renton Highlands Sewer and Manhole Restoration Project. The noise generated within 300 feet of the sewer rehabilitation site is approximately 69 dBA. The maximum allowed nighttime Environment Designated Noise Abatement (EDNA) in a commercial receiving property is 47 dBA. The applicant has proposed noise mitigation measures to address the nighttime noise concern. Staff recommends that the applicant’s proposed noise mitigation measures be included as a condition of approval.  E. CONCLUSIONS: THE SEWER REHABILITATION NIGHTTIME WORK IS PROPOSED ON JEFFERSON AVENUE, NORTH OF THE INTERSECTION WITH NE 10TH STREET. THE WORK WOULD OCCUR ON 2 NON-CONSECUTIVE NIGHTS OVER TWO MONTHS. The Renton Highlands Sewer and Manhole Rehabilitation Phase 1 Project is proposed on Jefferson Avenue, north of intersection with NE 10th Street. The requested variance meets the seven criteria to be considered in making a decision on a variance request as specified in RMC 8-7-8 if all conditions of approval are met. The analysis of the proposal according to variance criteria is found in the body of the Staff Report. F. DECISION: Staff recommends that the Noise Variance for the Renton Highlands Sewer & Manhole Rehabilitation Phase 1 project listed in RMC8-7-2, File No. LUA17-000725, V-A be approved subject to the following conditions: The applicant shall provide the City of Renton project manager with the phone number for after-hours noise complaints prior to commencement of construction. The applicant shall implement proposed noise mitigation program including advance notification to residents within 300 feet of the proposed work, implementation of noise mitigation training program for all field work supervisors, providing a contact number to residents for reporting any noise complaints, providing disposable ear plugs to nearest residents who have noise concerns, and if other measures are insufficient to address noise concerns, then provide temporary hotel vouchers to residents during the nighttime rehabilitation work. Idling of the trucks should be minimized and if idling of the trucks are unavoidable, to locate the idling trucks as far as possible from the residences. 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. The applicant shall provide a summary of any complaints within the City of Renton to the City’s noise project manager, Rohini Nair, rnair@rentonwa.gov within 3 days of the complaint. All complaints from within the Renton city limits will be summarized and reported to the City’s project manager within 3 days of the complaint. DATE OF DECISION ON LAND USE ACTION: SIGNATURE:   C.E. “ Chip” Vincent, CED Administrator Date   TRANSMITTED this 1st day of June, 2017 to the Owner/Applicant/Contact: Owner: Applicant: Contact:  City of Renton 1055 S. Grady Way Renton, WA 98057 John Hobson, City of Renton. 1055 S. Grady Way Renton, WA 98057 John Hobson, City of Renton. 1055 S. Grady Way Renton, WA 98057   TRANSMITTED this 1st day of June, 2017 to the following: Jennifer Henning, Planning Director Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building official Vanessa Dolbee, Current Planning Manager Anjela St. John, Fire Marshal K. NOISE VARIANCE APPEALS The administrative land use decision will becomes final with the date and signature of Community and Economic Development Administrators signature. APPEAL: This administrative land use decision will become final if not appealed in writing to the City Council on or before 5:00 PM on June 15, 2017. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the City Council and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510.