Loading...
HomeMy WebLinkAboutWSDOT Pavement Rehabilitation Project for SB I-405, SR 900 to Coal Creek Parkway, Noise Variance1 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 CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: WSDOT Pavement Rehabilitation Project for SB I-405, SR 900 to Coal Creek Parkway Noise Variance LUA17-000492, V-H ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The Washington State Department of Transportation (“WSDOT”) has applied for a variance from RMC 8-7-2 (noise regulations) to conduct construction work outside of restricted hours near residential areas located along SB 405 from Mile Post (MP) 4.0 (near NE 3rd Street) in the vicinity of SR 900 to MP 7.99 (north city limits). The project also includes repaving the on ramp from NE Park Drive to I-405 SB and repaving the off ramp from I-405 SB to NE 30th Street. The proposed work would occur during 30 non-consecutive nights from March 1, 2018 to December 31, 2018. The construction work would primarily involve mobile paving and re-striping with work at any given location not exceeding 15 minutes. The variance is approved with conditions. Testimony Robin Nair, City of Renton Civil Engineer III, summarized the proposal. In response to examiner questions, Ms. Nair presented a substitution for Exhibit 2 previously provided to the examiner. Ms. Nair noted there were five public comments received for the project. Three persons just wanted to be made parties of record. One person wanted information on noise levels. Another person expressed concern over night time noise levels. Ms. Nair considered the noise concerns and found that noise impacts would be of short duration for each residence because the work was mobile and would not 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 CAO VARIANCE - 2 2 remain long at any specific location. The applicant is also implementing several noise mitigation measures to minimize noise impacts. Kurt Winningham, project manager, noted that the project involves grinding and repaving the road and then 30 days later re-striping it. It’s one of the quietest road projects in the region. The loops that will be grinded are at Coal Creek Parkway. The applicant just got word that instead of having to replace 60 loops the applicant is replacing 4. There now will be no saw cutting within the City of Renton. The saw cutting would have been the noisiest work. No jackhammer work is necessary for the project. The noisiest equipment will likely be the planer. A loop is a speed monitoring device built into the roadway. Laura Musso-Escude, WSDOT representative, noted that the noise walls reduce noise levels by 5-10 decibels. Existing background noise is at 70 decibels along I-405. With noise walls, the project noise will not be higher than ambient noise at a distance of 50 feet from the noise source. Without the noise walls, it would take a distance of 300 feet from the noise source for project noise to not exceed ambient noise levels. In response to examiner questions, Mr. Musso-Escude noted that the longest anyone would hear maximum noise levels is 15 minutes. Exhibits The August 31, 2017 Staff Report Exhibits 1-8 identified at page 2-3 of the Staff Report were admitted into the record during the hearing. In addition, the following exhibits were admitted during the hearing. The staff power point was admitted as Exhibit 9. FINDINGS OF FACT Procedural: 1. Applicant. WSDOT 2. Hearing. A hearing was held on the subject application on September 12, 2017 at 11:00 am in the City of Renton Council Chambers. Substantive: 3. Project Description. The Washington State Department of Transportation (“WSDOT”) has applied for a variance from RMC 8-7-2 (noise regulations) to conduct construction work outside of restricted hours near residential areas located along SB 405 from Mile Post (MP) 4.0 (near NE 3rd Street) in the vicinity of SR 900 to MP 7.99 (north city limits). The project also includes repaving the on ramp from NE Park Drive to I-405 SB and repaving the off ramp from I-405 SB to NE 30th Street. The proposed work would occur during 30 non-consecutive nights from March 1, 2018 to December 31, 2018. 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 CAO VARIANCE - 3 3 The work would consist of grinding and paving the outside lane and shoulder along I-405 south bound and two ramps within City of Renton jurisdiction, replacement of traffic loops and placement of paving markers. Only four traffic loops will need to be replaced. Nighttime work will minimize congestion impacts to drivers, and commuters during the day, and is safer for workers and traveling public. Construction equipment used during nighttime operations will include, but is not limited to, air compressors, asphalt paving machines, dump trucks, generators, asphalt planning machines, portable light generators, pickup trucks, striping trucks, street sweepers, vacuum trucks, etc. Noise levels resulting from the project's construction activities will generate peak noise levels of 64 to 82 dBA as perceived at 50 feet from the WSDOT property line. 4. Neighborhood Characteristics. Surrounding areas that will be potentially affected by the night time noise of the proposal have zoning that varies from Commercial Arterial, Residential (R-1, R-4, and R-8), Residential Multi-Family, Urban Center, and Commercial Office Residential. 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably practicable and should not substantially adversely affect any single residential occupant. The project manager testified that the proposal is one of the quietest road projects in the region. This assertion does not appear to be an exaggeration given the other WSDOT noise variances granted by the City of Renton. The road work is mobile and will at most last for 15 minutes in any one location. As shown in Ex. 2, almost every residence within 100 feet of I-405 is protected by a noise wall. As testified by Laura Musso-Escude, WSDOT representative, noise levels will not exceed ambient noise levels at distances greater than 50 feet for receivers protected by the noise walls and at distances greater than 300 feet for receivers without noise walls. Noise impacts are also mitigated to the maximum extent reasonably practicable via the conditions of approval of this decision. Conclusions of Law 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)). 2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-8(D). 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. 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 CAO VARIANCE - 4 4 3. The special circumstances are the proximity of I-405 to adjoining homes and the critical need for night-time work to complete I-405 paving. City and WSDOT staff have concluded that closing off sections of I-405 during day time hours would severely and unacceptably increase congestion both in the I-405 corridor and surrounding City streets. The repaving project is necessary as the I-405 surface and the associated ramps are reaching the end of their useful life. Night time re-paving and re-striping is the only way to reduce projection generated congestion to feasible levels. 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, as conditioned and mitigated, the noise impacts are mitigated to the extent reasonably practicable under the circumstances and will be of relatively short duration. Ultimately, the mitigation measures require the applicant to provide hotel accommodations if the noise proves too much for adjoining property owners. In this regard, beyond the temporary inconvenience of relocation, the noise impacts are completely mitigated and as a result, the granting of the variance would not be considered materially detrimental to the public welfare or injurious to surrounding properties or improvements. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all measures it reasonably can to reduce noise impacts. 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; 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 CAO VARIANCE - 5 5 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. The mitigation measures identified above are proposed and/or incorporated into the conditions of approval to the extent legally authorized. Noise shields are not specifically required given that noise walls already protect most residences and the mobile nature of the project. 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 existing pavement life cycle of this section of the SB I-405 corridor has reached the point that requires repairs by the next construction season, and any delays of the repair of the existing pavement would create a further failing roadway structure. The resurfacing and repair of this portion of the highway would give drivers, residents and users a well maintained and safe highway. Construction noise mitigation measures minimize inconvenience to the nearby residents to the extent reasonably practicable so granting this variance would not cause WSDOT to adversely affect the general policy and purpose of the ordinance. Improvements to this heavily travelled state route outweigh the limited-term noise impacts to residents and property owners. RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 8. As noted in the staff report, there are no alternative locations available. 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. The noise variance is requested for 30 non-consecutive nights from March 1, 2018 to December 31, 2018. Peak noise levels produced by construction equipment are expected to range from 64 to 82 decibels at a distance of 50 feet from the source of the noise. DECISION As conditioned below, the noise variance is approved: 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 five (5) days of the complaint. 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 CAO VARIANCE - 6 6 2. Written notice of the project will be mailed to all adjoining residents within 500 feet at least 14 days in advance of construction work. The notice shall contain a complaint number as well as a contact number for more information. The notice shall state that more detailed information on the dates and location of project work can be obtained by calling the contact number. 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. Noise monitoring shall be implemented pursuant to a schedule set by City staff if found reasonably necessary by City staff to address noise complaints. 5. The applicant shall provide temporary hotel vouchers to affected residents for the nights of the proposed noise variance work when noise impacts cannot be reasonably mitigated (by ear plugs or white noise generators) to levels that enable the residents to reasonably sleep at their homes. 6. Equipment and noise levels are limited to what is identified in Ex. 3. 7. The applicant shall implement the noise mitigation measures identified in Ex. 5. Should mitigation in Ex. 5 conflict with that required by this decision, the more protective mitigation shall apply. 8. The applicant shall provide written verification that all workers understand the noise variance conditions for the project. 9. This variance decision shall be immediately revocable by hearing examiner after a public hearing if the variance conditions are violated. DATED this 26th day of September, 2017. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 8-7-8(F) and RMC 4-8-080 provide that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) and 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 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 CAO VARIANCE - 7 7 Hearing Examiner’s decision. 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.