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City Clerk -Jason A.Seth,CMC
February 1, 2016
Maria Laura Musso Escude
WSDOT
15700 Dayton Av N, NB82-138
Seattle, WA 98133-9710
Subject: Hearing Examiner's Decision— Final Decision
RE: WSDOT(Noise Variance), LUA-15-000437, V
Dear Ms. Escude:
I have attached the City of Renton's Hearing Examiner's Final Decision dated February 1,
2016. This document is also immediately available:
• Electronically on line at the City of Renton website (www.rentonwa.gov);
• To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055
South Grady Way, between 8 am and 4 pm. Ask for the project file by the above
project number; and
• For purchase at a copying charge of$0.15 per page. The estimated cost for the
Hearing Examiner pocuments is $.90, plus a handling and postage cost (this
cost is subject to change if documents are added).
APPEAL DEADLINE: 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. Appeals must be filed in writing
together with the required fee to the City Council, City of Renton, 1055 South Grady
Way, Renton, WA 98057. Additional information regarding the appeal process may be
obtained from the City Clerk's Office, Renton City Hall - 7th Floor, (425) 430-6510.
RECONSIDERATION: 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). Reconsiderations must be filed in writing to the Hearing Examiner, City of
Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding
the reconsideration process may be obtained from the City Clerk's Office, Renton City
1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov
Hall - 7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence
upon the issuance of a reconsideration decision.
I can be reached at (425) 430-6510 or isethCa�rentonwa.�ov. Thank you.
Sincerely,
7
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Ja�fln A. Seth
Cit�y Clerk
cc: Hearing Examiner
Vicki Grover,Civil Engineer II—Plan Review Engineer
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Craig Burnell, Building O�cial I
Brianne Bannwarth, Development Engineering Manager
Sabrina Mirante,Secretary, Planning Division
Julia Medzegian,City Council Liaison
Parties of Record(1)
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9 )
RE: WA State Dept. of Transportation )
10 ) FINAL DECISION
11 Noise Variance �
)
12 )
LUA15-000437, V )
13 )
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Summary
is
16 The applicant has applied for a variance to the City's noise standards in order to make required
improvements to SR 167 between mile post 24.41 and mile post 24.80 over 20 nonconsecutive nights
1� from April 1,2016 to December 31,2017. The variance is approved subject to conditions.
1 g Testimony
�9
Vicki Grover, City of Renton Civil Engineer, summarized the proposal. The nearest residence is located
20 at the end of the project (milepost 24.80) on the south side of the proposal and will be separated from the
21 proposal by at least 300 feet. The 300 foot separation includes a buffer of trees.
22 Mohammad Hasan, WSDOT project manager, noted that the proposal is part of a larger project that
extends into the City of Kent. The project involves resurfacing SR 167,which is necessary for continued
23 use. Project duration will not be two years, but the two year period is requested in order to cover any
delays in the commencement of the project. 20 days is a conservative estimate and it's very likely the
24 project will take less than 20 days. The closest home is actually 450 feet from the work zone.
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26 Maria Laura Musso-Escude, WSDOT representative, stated that ambient night dBA is around 64-66
Noise Variance- 1 I�
1 dBA. 75 dBA are anticipated to be the highest noises generated by the project. dBA levels go down at
the rate of 6 dBA per 200 feet. In addition,the trees separating the residence from SR 167 would further
2 reduce dBA. 60 dBA is conversational level.
3
Exhibits
4
5 The January 13, 2015 staff report (amended February 19, 2015) and its five attachments were admitted
into the record during the hearing as Ex. 1. The staffpower point was admitted as Ex. 2.
6
� Findings of Fact
8 Procedural:
9
1. Apnlicant. Washington State Department of Transportation.
10 2 Hearin�. A hearing was held on the subject application on February 19, 2016 in the City of
11 Renton City Council Chambers.
12 3. Proiect Description. The applicant has applied for a variance to the City's noise standards in
order to make required improvements to SR 167 between mile post 24.41 and mile post 24.80 over 20
13 nonconsecutive nights from April 1, 2016 to December 31, 2017. The portion of the project located
14 Within the City of Renton limits includes work and improvements within the State Right of Way limits
only. Noise levels resulting from project construction activities will generate peak noise leve(s of 68 to
15 g4 dBA as perceived at a distance of 50 feet from within WSDOT's property lines. A variance from
16 �MC 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
l� noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15
1 g dBA permitted for periods of 1.5 to 15 minutes in any one-hour period(WAC 173-60-040).
19 The project would consist of planning asphalt lanes, some pavement repair, and placement of new
asphalt, pavement marking and installation of traffic loops. Construction equipment used during the
20 nighttime operations will include, but is not limited to: dump trucks, flatbed trucks, generators, portable
21 lighting (light plants), paving machines, planning grinders, compaction rollers & hand compactors, air
, compressors, sweepers, cement mixer trucks, painting vehicles and saw cutters for asphalt.
22
When feasible tem ora noise shields will be laced around construction e ui ment. In addition the
23 , P rY P q P �
proponent proposes to implement other measures to mitigate noise impacts. One-ton pick-up trucks will
24 not be allowed to park or idle near residences. An after-hours noise complaint phone number will be
provided to all residents affected by the project. Use of backup alarms will be minimized; and
25 "approved" bed liners shall be installed into dump trucks to help mitigate the sound of material being
26 placed into or dumped out of dump trucks.
Noise Variance-2
1
2 4. Surroundin� Uses. Surrounding land uses are primarily commerciaL The closest home is more
3 than 300 feet away from the project site and is separated by trees.
4 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
5 home is located more than 300 feet from the project and is shielded by a strand of trees. The dBA levels
6 at the closest home may be as low as conversational level at 60 dBA. Given these factors,the impacts of
the requested variance are not considered significant.
� Conclusions of Law
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9 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.
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2. Review Criteria. Noise variances are governed by RMC 8-7-8(D). Applicable criteria are
11 Quoted below in italics and applied through corresponding conclusions of law.
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RMC 5-7-8(D)(1): That the applicant suffers practical d�culties and unnecessary hardship and
13 the variance is necessary because of special circumstances applicable to the applicant's properry or
project, and that the strict application of this Chapter will deprive the subject property owner or
14 applicant of rights and privileges enjoyed by others.
15 3. The criterion is met. The work must be done during night time hours when noise limits are
16 strictest in order to minimize disruption of the transportation system. The work is unavoidable as SR
167 is in serious need of repair as testified by Mr. Hassan in order to continue functioning properly.
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RMC 5-7-8(D)(2): That the granting of the variance will not be materially detrimental to the public
1 g health, welfare or safery, or unduly injurious to the property or improvements in the viciniry of the
19 location for which this variance is sought.
20 �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
21 injurious to any property or improvements.
22 RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
23 desired purpose.
24 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
25 minimum necessary.
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Noise Variance-3
1 RMC 8-7-8(D)(4): That the variance contains such conditions deemed to be necessary to limit the 'i
impact of the variance on the residence or property owners impacted by the variance. The variance
2 approval may be subject to conditions including, but not limited to, the following:
3 a. Implementation of a noise monitoring program;
b. Maximum noise levels;
4 c. Limitation on types of equipment and use of particular equipment;
d. Limitation on back-up beepers for equipment;
5 e. Required use of noise shields or barriers;
6 f. Restrictions to specific times and days;
g. Specifrc requirements for documentation of compliance with the noise variance
� conditions;
h. Specific requirements for notification to nearby residents;
8 i. Required cash security to pay for inspection services to ver�compliance;
j. Required access to the project by the City to ver�compliance with the noise variance
9 conditions;
10 k. Specific program to allow for temporary hotel vouchers to effected residents;
l. Requirements for written verification that all workers understand the noise variance
11 conditions for the project; and
m. Provision allowing the City to immediately revoke the variance approval if the
12 variance conditions are violated.
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14 6. Most of the measures identified above have been either proposed or required for the project. The
measures taken to mitigate impacts have been found adequate by staff and it doesn't appear that any
15 additional measures from the list above would materially help to mitigate noise impacts.
16 �C 5-7-8(D)(5): The importance of the services provided by the facility creating the noise and the
1� 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. The need for improvements to SR 167 are of critical importance and that has been balanced into
19 the assessment of impacts(FOF No. 5)as required by the criterion above.
20 RMC 8-7-8(D)(6): The availability ofpracticable alternative locations or methods for the proposed
21 use which will generate the noise.
22 8. There are no practicable alternative locations or methods available.
23 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.
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25 9. WSDOT testified that noise levels would not exceed 75 dBA and the staffreports identifies noise
levels as high as 84 dBA. These noise levels are reasonably necessary to complete necessary
26 maintenance/repairs to SR 167, noise levels have been reduced to the maximum extent reasonably
Noise Variance-4
1 possible, impacts are not considered significant and work is limited to a maximum of 20 days. Given
these factors it is determined that the proposal has been adequately mitigated and should be approved as
2 conditioned.
3 DECISION
4
As conditioned, the variance meets all applicable criteria as outlined in this decision. The conditions of
5 approval are as follows:
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1. The applicant shall provide the City of Renton project manager with the phone number
7 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
g project manager within 5 days of the complaint. In response to complaints,the applicant
9 will take all reasonable measures to minimize disturbance, including the provision of ear
plugs or hotel accommodations as testified during the hearing.
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2. The applicant shall implement all proposed mitigation measures to diminish or eliminate
11 noise during construction.
12 3. The a licant shall noti the Ci of Renton ro'ect mana er with the date and areas of
PP fY h' P J g
expected night work prior to commencement of night work, a minimum of 24 hours in
13 advance of the work.
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DATED this 1 st day of February, 2016.
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16 � _--'f�� �--�
Pw A.at��
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1 g City of Renton Hearing Examiner r
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2p ; Appeal Right and Valuation Notices
21 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
22 ,
be filed within fourteen 14 calendar da s from the date of the hearin examiner s decision. A
� ) Y g
23 request far reconsideration to the hearing examiner may also be filed within this 14 day appeal
, pertod as identified m RMC 4-8-110(E)(13) and RMC 4-8-100(G)(9). A new fourteen (14) day
24 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 — 7`n
25 floor, (425)430-6510.
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Noise Variance-5
1 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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Noise Variance-6