HomeMy WebLinkAboutGaziano Decision Letter Denis Law Mayor
City Clerk-Jason A.Seth,CMC
March 1, 2019
Darlene Gaziano
King County, DNRP
201 S. Jackson St, 505
Seattle, WA 98104
Subject: Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision
RE: King County Eastside Interceptor Noise Variance - LUA-18-000684
Dear Ms. Gaziano:
Enclosed please find the Hearing Examiner's Findings of Fact, Conclusions of Law and Final
Decision dated February 28, 2019. Also, this document is immediately available on our
website:
• If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact); "Land
Use Decisions". The Decisions are filed by year and then alphabetical order by
project name.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Alex Morganroth,Associate Planner
Jennifer Henning, Planning Director
Vanessa Dolbee,Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros,Office Assistant II
Julia Medzegian,City Council Liaison
Parties of Record(3)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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10 RE: King County Eastside Interceptor )
FINDINGS OF FACT, CONCLUSIONS OF
11 Noise Variance ) LAW AND FINAL DECISION
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12 LUA 18-000684, VA-H )
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15 Summary
16 King County Wastewater has applied for a variance from RMC 8-7-2 (noise regulations) to conduct
construction work outside of restricted hours near residential areas located near the Logan Ave N right-
17 of-way(ROW) between Lake Washington Blvd N and Burnett Ave N. 7. The Applicant is
18 proposing to begin construction in the spring of 2019 and end in the winter of 2019. The request is
for a year long variance in case the project runs longer than anticipated. The variance is approved
19 with conditions.
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21 Testimony
22 Alex Morganroth, City of Renton Associate Planner, summarized the application. In response to
examiner questions, Mr. Morganroth responded that the owners of adjacent apartment complexes were
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notified about the variance application but not the tenants. However, three notice signs were placed
24 adjacent to the project site. No one called Mr. Morganroth regarding the project. King County worked
with residents to educate them about the project.
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Noise Variance
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Exhibits
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Exhibits 1-3 identified at page 3 of the February 26, 2019 staff report were admitted into the record
3 during the February 26, 2019 hearing. The staff power point was admitted as Exhibit 4.
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5 FINDINGS OF FACT
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7 Procedural:
8 1. Applicant. Darlene Gaziano (King County Wastewater),201 Jackson St,Suite 505, Seattle, WA
98104.
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10 2. Hearing. A hearing was held on the subject application on February 26, 2019 at noon in the
City of Renton Council Chambers.
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Substantive:
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13 3. Project Description. King County Wastewater has applied for a variance from RMC 8-7-2
(noise regulations) to conduct construction work outside of restricted hours near residential areas
14 located near the Logan Ave N right-of-way (ROW) between Lake Washington Blvd N and Burnett
Ave N. 7. The Applicant is proposing to begin construction in the spring of 2019 and end in the
15 winter of 2019. The request is for a year-long variance in case the project runs longer than anticipated.
16 The Applicant is seeking the ability to operate equipment that exceeds maximum noise limits for
17 nighttime work in the Class A Environmental Designations for Noise Abatement (EDNA) noise zone,
which includes parcels of land developed with residential uses (i.e. single family homes, apartments,
18 condos, etc). The nighttime noise limit for noise reaching properties in the Class A EDNA zone is 47
dBA. Class A EDNA properties are located at both the north end and south end of the project site. At
19 the north end of the project area on parcel #0823059057, the Applicant is proposing to operate an
20 electric bypass pump and odor control unit that would result in a sound level of up to 55 dB at Class A
properties adjacent to the project. At the south end of the site, the Applicant is proposing to operate
21 equipment used for excavation during the bypass installation that would result in sounds levels up to
85 dBA at properties adjacent to the project. The purpose of the project is to rehabilitate the Eastside
22 Interceptor Section 2,a 96-inch reinforced concrete pipe used for sewage flow running primarily within
the Logan Ave N right-of-way (ROW) between Lake Washington Blvd N and Burnett Ave N. The
23 project would include the establishment of two staging areas adjacent to Logan Ave N (one near N 8th
24 St and the other near Garden Ave N, the relining of the entire 3,900 feet long pipe using a Linabond
lining system, and installation of a temporary bypass system to reroute flows during the lining process.
25 According to the Applicant, construction on the pipe would last approximately eight (8) months. The
Applicant submitted a noise study with the application.
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4. Neighborhood Characteristics. As shown in the aerial photograph of the staff PowerPoint, Ex.
2 4, Slide 3,the bulk of adjoining use along the project route is the Renton Boeing plant and The Landing
shopping mall. However, sensitive residential areas are located along the south and north end of the
3 project site. Along the north end, the Reserve Apartments appear to be the closest residential uses to
the project. In that area is also located the Sanctuary Apartments and across the street, separated by a
4 parking lot, The Bristol at Southport Apartments. Immediately to the south on the east side of the
5 project site is located a single-family neighborhood. Unfortunately, the noisiest long-term portion of
the project, located on the north end adjacent to The Reserve Apartments, will be a pumping station.
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5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably
7 practicable and should not substantially adversely affect any single residential occupant.
8 According to the Applicant, the temporary night time construction is the most effective method
to reduce issues associated with lane closures and ROW work such as traffic congestion and property
9 access issues. By performing night time construction,the Applicant states that impacts from the excess
noise would impact the Class A EDNA properties for the least amount of time and shorten the overall
10 duration of the project significantly. The sound source with the most potential to impact neighboring
Class A EDNA properties are the bypass pumps to be located on the Boeing property (parcel #
11 0886600060). The nearby apartment buildings may be subjected to sound levels of up to 53 dB. In
12 order to ensure that the noise does not impact the neighboring properties near the project site during
night time hours, the Applicant identified a number of mitigation measures in the Noise Control Plan
13 dated January 8,2019(Exhibit 3) including the construction of an eight(8)foot tall noise barrier around
the pump bypass area and the use of electric pumps. In addition, only three of the eight bypass pump
14 would operate at night in order to further reduce the noise level in area. On the south side of the project
corridor near the intersection of Burnett Ave N and N 6th St. the Applicant expects low or no noise
15 impacts to the Class A EDNA properties to the south and east of bypass area. In this area, no pumps
16 will be located on site and night time noise would be limited to the pipelining of four manholes and the
movement of construction equipment to prepare for daytime construction activities such as trucks,
17 excavators,and light plants. Two ofthe manholes, located near the residential area at the south terminus
of the project,would be screened with a noise barrier to be located between the ventilation fans and the
18 Class A EDNA properties. Noise levels would be monitored by two sound level meters located near
the north and south ends of the project corridor. The Applicant would use the meters to continuously
19 monitor the sound levels near the Class A EDNA properties during both daytime and night time work
20 hours. The noise study, Ex. 3, contains numerous mitigation measures to reduce noise to reasonable
levels. Those mitigation measures are adopted as conditions of approval. Ultimately, if the noise is
21 not effectively mitigated, the conditions of approval of this decision require the Applicant to provide
hotel accommodations to affected residents.
22 Staff concurs with the Applicant that the variance would not be materially detrimental to the
public health, welfare or safety, or injurious to the property or improvements in the vicinity of the
23 project site. In conjunction with the conditions imposed by this decision, the Applicant has proposed
24 effective mitigation measures that would limit the impacts on the Class A EDNA properties. In
addition, staff concurs with the Applicant's statement that by allowing a noise variance for night time
25 construction, the temporary high noise near neighboring properties would be shorter in duration and
therefore be less impactful. In order to ensure that complaints or issues submitted by residents are
26 adequately addressed, a condition of approval requires that the Applicant provide the City's project
manager with the after-hours noise complaint phone number prior to the start of construction, and a
Noise Variance
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summary of any complaints and the response provided, within 5 days of receiving the complaint.
2 Lastly, a condition of approval requires 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.
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6. Practical Difficulties and Special Circumstances. Logan Ave N is a heavily traveled principal
4 arterial that provides access to the Boeing Company, The Landing shops, multiple apartment
5 complexes, and the Southport development. Due to the high traffic volume and proposed lane closures,
work on the interceptor is likely to significantly impact traffic in the area. According to the Applicant,
6 the night time noise variance is necessary due to the time constraints associated with the project and
the high traffic volumes on Logan Ave N. Due to the depth of the interceptor pipe within the Logan
7 Ave N ROW, the project must be completed within a 4-month dry season window between June 1st
8 and September 30th. The short time frame available for construction creates the need for multiple work
crews working around the clock. The requested variance would allow for temporary exceedance of
9 noise level limits during the night time hours which would allow the project to be completed within the
desired time frame. In addition, the Applicant contends that in order to ensure that sewage is being
10 pumped through the bypass effectively, the electric pumps need to be running during both day and
night time hours.
11 Staff concurs with the Applicant that the location of the work within the Logan Ave N ROW, one of
12 the most heavily travelled streets in Renton, necessitates the need for night time work to mitigate the
impacts on residents, road users, and area businesses. By allowing night time work to exceed the noise
13 levels for the Class A EDNA properties, the Applicant can finish the project quicker and limit the
impacts on the community to one, four-month period, instead of multiple work periods over multiple
14 years. In addition, night time operation of the pumps is necessary in order to ensure the bypass system
is operational 24/7.
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Conclusions of Law
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18 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public
19 hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)).
20 2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-8(D).
21 RMC 8-7-8(D)(1): That the Applicant suffers practical difficulties and unnecessary hardship and the
22 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
23 Applicant of rights and privileges enjoyed by others.
24 3. The criterion is met. The special circumstances are the location of a major sewer interceptor
25 located in a highly travelled location with a limited construction window as detailed in Finding of Fact
No. 6. Because of these circumstances, the Applicant's only reasonable option is to do work that
26 exceeds applicable noise levels at night. Strict application of the City's noise limits would deprive the
Applicant of the opportunity to construct its project in a manner that is reasonably cost-effective while
Noise Variance
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1 also reasonably calculated to limit adverse impacts to the general public. Given that sound public
2 policy dictates that all major public works projects be handled in a fiscally prudent manner that
minimizes adverse public impacts,depriving the Applicant of the ability to complete the project in such
3 a manner would deprive the Applicant of rights and privileges enjoyed by others involved in public
works construction.
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RMC 8-7-8(D)(2): That the granting of the variance will not be materially detrimental to the public
6 health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the
7 location for which this variance is sought.
8 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
9 duration. The noise study includes options such as noise barriers that should effectively minimize noise
10 to reasonable levels. Ultimately, the mitigation measures imposed by this decision require the
Applicant to provide hotel accommodations if the noise proves too much for adjoining property owners.
11 In this regard, beyond the inconvenience of relocation, the noise impacts are mitigated and as a result,
12 the granting of the variance would not be considered materially detrimental to the public welfare or
injurious to surrounding properties or improvements.
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RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
14 desired purpose.
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5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4. the Applicant has taken all
16 measures it reasonably can to reduce noise impacts.
17 RMC 8-7-8(D)(4): That the variance contains such conditions deemed to be necessary to limit the
18 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:
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a. Implementation of a noise monitoring program;
20 b. Maximum noise levels;
c. Limitation on types of equipment and use of particular equipment;
21 d Limitation on back-up beepers for equipment;
22 e. Required use of noise shields or barriers;
f Restrictions to specific times and days;
23 g. Specific requirements for documentation of compliance with the noise variance
conditions;
24 h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify compliance;
25 Required access to the project bythe Cityto very compliance with the noise variance
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k. Specific program to allow for temporary hotel vouchers to effected residents;
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1 1. Requirements for written verification that all workers understand the noise variance
2 conditions for the project; and
m. Provision allowing the City to immediately revoke the variance approval if the variance
3 conditions are violated.
4 6. The mitigation measures identified above are proposed and/or incorporated into the conditions
5 of approval.
6 RMC 8-7-8(D)(5): The importance of the services provided by the facility creating the noise and the
7 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.
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7. For the reasons identified in Finding of Fact No. 6, the requested variance is necessary to
9 minimize adverse public impacts in terms of minimizing disruption of traffic on a major thoroughfare
10 and reducing the overall time it will take to complete the project.
l 1 RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
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13 8. The criterion is met. This criterion was not addressed by the Applicant or staff, so it is
somewhat difficult to speculate as to what alternatives are available. It is unfortunate that the longest
14 term noise impacts created by the proposal, for a total of 8 months, are associated with the north
15 pumping station placed directly adjacent to the Bristol Apartments. However, since the pumping
station is related to bypassing the work area, it is reasonable to conclude that the pumping station has
16 to be placed at the end point of the project. There is nothing in the record to reasonably suggest how
any other work could be relocated or done in a different manner to further reduce noise impacts. The
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noise study, Ex. 3, appears to have minimized noise impacts as much as reasonably possible.
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RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the
19 variance and the extent and duration of the variance.
20 9. The noise variance is requested for eight months with only the north pump station exceeding
21 applicable noise levels in a manner that could adversely affect residential properties for the entire eight
month period. The maximum noise level for this eight month noise impact is only 5 dBA above
22 maximum levels. All other noise impacts are of significantly less duration and are generally far from
23 residential uses.
24 DECISION
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As conditioned below, the noise variance as detailed' in the noise study, Ex. 3, is approved:
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1. The Applicant shall provide the City of Renton project manager with the phone number for
3 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
4 within five (5) days of the complaint.
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2. Written notice of the project will be mailed to all adjoining residents within 500 feet at
6 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
7 information on the dates and location of project work can be obtained by calling the contact
8 number.
9 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
I 0 advance of the work.
11 4. Noise monitoring shall be implemented pursuant to a schedule set by City staff if found
12 reasonably necessary by City staff to address noise complaints.
13 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
14 to levels that enable the residents to reasonably sleep at their homes.
15 6. Equipment and noise levels are limited to what is identified in Ex. 3.
16 7. The Applicant shall implement the noise mitigation measures identified in Ex. 3. Should
I7 mitigation in Ex. 3 conflict with that required by this decision, the more protective
mitigation shall apply.
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8. The Applicant shall provide written verification that all workers understand the noise
19 variance conditions for the project.
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9. City staff may require a cash security as reasonably found necessary to cover the costs of
21 any inspections to verify compliance.
22 10. Use only ambient-sensing broadband back-up alarms and minimize backing.
23 11. This variance decision shall be immediately revocable by hearing examiner after a public
24 hearing if the variance conditions are violated.
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26 The proposal is only approved specifically for the noise levels and dates and times identified in the noise study, Ex.
3.
Noise Noise Variance
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DATED this 28th day of February, 2019.
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Phi A.OIbccchts
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5 City of Renton Hearing Examiner
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Appeal Right and Valuation Notices
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8 Any party participating in the public hearing feeling aggrieved by the decision of the Hearing
Examiner may appeal the decision to the City Council within fourteen (14) calendar days of the
9 decision.
10 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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