HomeMy WebLinkAboutEscude ltr - WSDOT Noise �
Denis Law Mayor
�
City Clerk-Jason A.Seth,CMC
October 28, 2016
Maria Laura Musso Escude Peter Sodeberg
WSDOT WSDOT
15700 Dayton Av N, NB82-138 15700 Dayton Av N, MS 138
Seattle, WA 98133 Seattle, WA 98133
Subject: Hearing Examiner's Decision— Final Decision
RE: WSDOT(Noise Variance), LUA-16-000616, V
Dear Ms. Escude & Mr. Sodeberg:
I have attached the City of Renton's Hearing Examiner's Final Decision dated October 26,
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$1.20, 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.
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
I can be reached at (425) 430-6510 or isethC�rentonwa.�ov. Thank you.
Sin rely,
� �
Jas A. Se
City Clerk
cc: Hearing Examiner
Rohini Nair,Civil Engineer II
Jennifer Henning, Planning Director
Vanessa Dolbee,Current Planning Manager
Craig Burneli, Building Official
Brianne Bannwarth, Development Engineering Manager
Sabrina Mirante,Secretary, Planning Division
Julia Medzegian,City Council Liaison
Parties of Record(5)
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g BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9
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10 RE: WSDOT Pavement Rehabilitation j
Project for SR169, 140th Ave SE to FINAL DECISION
11 Cedar River Park Vicinity �
12 Noise Variance �
13 LUA 16-000616, V-H )
14
15 Summary
16 The Washington State Department of Transportation ("WSDOT") has applied for a variance from
1� RMC 8-7-2 (noise regulations) in order to conduct construction work outside of restricted hours in
residential areas located along State Route 169 in both the northbound and southbound lanes for
1 g approximately 2 miles between Mile Post 22.86 to Mile Post 24.84 during 40 non-consecutive nights
from March 1, 2017 to December 31, 2018. The variance is approved with conditions.
19
20
Testimony
21
Robin Nair, City of Renton Civil Engineer III, summarized the proposaL In response to examiner
22 questions, Ms. Nair clarified that the proposed noise mitigation measures identified in the
23 recommended conditions of approval are those identified in Slide No. 5 of the staff power point and
those measures identified in Exhibit 6.
24
Laura Musso-Escude, WSDOT representative, noted that some work will be done behind existing
25 noise walls. Temporary noise shields will be used to reduce noise by up to 7 decibels. The pavement
cutter will create the most noticeable noise. Work on traffic signals will involve conduit work and use
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Noise Variance
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of power tools. Since work on the signals will be on an elevated structure, residents who are outside
2 will notice the noise. One home is as close as 80 feet to the signal work.
3 David Wilkinson, project manager, clarified that at most, work will be a total of three nights at any
one intersection. The intersection work will involve a maximum of 75-87 dba. Ms. Musso-Escude
4 noted that temporary shields cannot always be used because passing semi-trucks can blow them off
5 their foundation, which causes a danger to workers.
6 Ms. Musso-Escude also noted that workers only have seven hours to do night time work in order to
open up the lanes for morning 5:00 am traffic and setting up noise shields takes some of that limited
� time away. The ambient noise levels at SR 169 as measured by Ms. Musso-Escude have a peak level
of 73 dba at 50 feet. Traffic is heavy in the project area and there are several noise walls. 90% of the
g time the noise level is 62 dba. Ms. Musso-Escude noted that requiring the contractor to do the
9 monitoring work will be very expensive for such a long project. She requested that monitoring only
be required if complaints are made. Ms. Musso-Escude noted that WSDOT has found earplugs and
10 white noise machines to be effective mitigation for persons who have noise complaints and if that
does not work WSDOT also provides hotel vouchers. In response to a request from the examiner, Ms.
11 Musso-Escude stated that WSDOT could make clear in its notice to property owners that more
12 specific dates and other details can be provided to persons who call WSDOT. In response to examiner
questions, Ms. Musso-Escude acknowledged that WSDOT has had to provide hotel vouchers on a
13 couple occasions for other projects, but she has found that the white noise machines and earplugs
usually work well.
14
David Wilkinson, project manager, noted that the road area was last rehabilitated in 1990. The state
15 proposes to mill and inlay approximately two miles of SR 169. There are three signalized
16 intersections and three unsignalized intersections in the project area. The project involves converting
the signalized intersections to video detection, which will require five nonconsecutive nights of work
1� and the closure of one to two lanes. Crews will bring in utility trucks, bucket trucks and tools to do
the work. Following the signal work, crews will do mill work on the road for I S nonconsecutive
18 nights, but the operation is mobile and any one location will not be worked upon for more than five
nights. The project will involve street sweeping. Pavement repair will take eight nights and will
19 involve excavation and pavement cutting. Asphalt will be delivered by dump truck and spread by an
20 asphalt spreading machine. All night work is done for the safety of workers and travelling public and
to minimize traffic back-ups and disruption to bus service.
21
In response to examiner questions, Mr. Wilkinson noted that notice of construction work will be
22 provided by one mailed notice in advance of the work as opposed to segregated notice for each
portion of the work. WSDOT has a website that also provides information on the project timeline, but
23 this information will probably not be detailed to the level where neighbors can know precisely when
24 work will be done in front of their homes. Mr. Wilkinson also noted that contact information will be
provided to neighbors and that they will be able to call someone to get more details as to when work
25 will be done near their homes. Ms. Musso-Escude noted that the work is weather dependent, so it's
not possible to identify all specific work dates and locations ahead of time. Mr. Wilkinson
26 emphasized that the SR 169 pavement has reached the end of its design life and needs to be
rehabilitated to prevent safety problems. If the work is done during the day, the higher traffic
Noise Variance
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volumes could result to harm to workers and the public and would result in significant traffic
2 disruption.
3 Marylin Whitley, neighbor in the Maplewood neighborhood, noted she will be greatly affected by the
construction noise since she lives adjacent to the proposed work. She wanted to know what notice she
4 would receive for work in front of her home. Mr. Wilkinson confirmed that there would be some
5 minor pavement repair conducted close to her home involving work on a catch basin near a retaining
wall on her property. In response to examiner questions he noted that the work would be done in one
6 night. Ms. Musso-Escude said that she would have WSDOT contact Ms. Whitley about when the
work would be done. Ms. Musso-Escude also noted that a temporary noise shield can be placed at the
� work site. Ms. Whitley noted that the Maplewood residents have been concerned about the project
g and have had trouble with inconsistencies in WSDOT documents describing the project.
9 Ms. Nair noted that complaint driven monitoring is acceptable so long as there are not repeated
complaints.
10
Exhibits
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12 The October 4, 2016 Staff Report Exhibits 1-8 identified at page 2 of the Staff Report were admitted
into the record during the hearing. In addition, the following exhibits were admitted during the
13 hearing.
14 Exhibit 9 Updated Ex. 3.
Exhibit 10 Map of Maplewood neighborhood
15
16
FINDINGS OF FACT
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1 g Procedural:
19 1. Applicant. WSDOT
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2. Hearin�. A hearing was held on the subject application on October 11, 2016 at 12:00 pm in
21 the City of Renton Council Chambers.
22
Substantive:
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24 3. Proiect Descrintion. The Washington State Department of Transportation ("WSDOT") has
applied for a variance from RMC 8-7-2 (noise regulations) in order to conduct construction work
25 outside of restricted hours in residential areas located along State Route 169 in both the northbound
and southbound lanes, for approximately 2 miles between Mile Post 22.86 to Mile Post 24.84 during
2C, 40 non-consecutive nights from March 1, 2017 to December 31, 2018. The portion of the project
located within the City of Renton limits includes work and improvements within the State right of
Noise Variance
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way limits only.
2
Noise levels resulting from the project's construction activities will generate peak noise levels of 64
3 to 90 dBA as perceived at 50 feet from the WSDOT property line. A variance from RMC 8-7-2 is
necessary in order to conduct the nighttime work, as maximum permissible environmental noise
4 levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit extended periods of noise
5 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).
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4. Nei�hborhood Characteristics. Surrounding areas that will be potentially affected by the noise
� of the proposal are primarily resid�ntial with a mix of commercial and industrial uses as we1L The
g surrounding zoning includes R-4, R-8, R-10 and R-14, as well as Commercial Office/Residential
(COR) and Commercial Neighborhood (CN).
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5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as
10 reasonably practicable. Overall, it appears that night time construction noise will be noticeable to
some residents, but that any one resident is not likely to hear a significant amount of noise for more
11 than a total of three nights given the mobile nature of the construction work over the two mile stretch
12 of SR 169. Several mitigation measures will be imposed to reduce noise impacts as much as
reasonably possible, including the provision of ear plugs and white noise machines. Ultimately,
13 WSDOT will provide hotel vouchers if other mitigation isn't effective.
14 As shown in Exhibit 9 and from the list of proposed equipment identified in Finding of Fact No. 3,
noise levels resulting from the project construction activity would generate peak noise levels up to 90
15 dBA as perceived at a distance of 50 feet from the construction equipment that generates the noise.
16 The closest homes to project work would be 80 feet away.
1� As testified by Ms. Musso-Escude, the night time ambient noise levels reach a maximum of 73 dBA.
As she noted, the signal work in particular may be noticeable to residents who are outside since that
18 work is from an elevated structure. The project area is already mitigated by a significant number of
existing noise walls. The project is mitigated as much as can be reasonably required, including
19 ultimately requiring hotel vouchers if ineasures such as ear plugs and white noise machines aren't
20 sufficient.
21 In order to mitigate against these noise impacts, the applicant has proposed a list of mitigation
measures, some of which include:
22
• Temporary noise shields when safe to install around construction equipment.
23 • Providing advance notice to residents via door hanger or equivalent with complaint and
24 contact phone numbers.
• Temporary relocation/compensation during the peak noise periods for local residents.
25 (after receiving complaints).
• Ambient sensitive backup alarms required and tailgate banging prohibited.
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Noise Variance
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2 Conclusions of Law
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4 1. Authoritv. 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)).
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2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-
6 8�D)
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RMC 5-7-8(D)(1): That the applicant suffers practical di�culties and unnecessary hardship and the
g variance is necessary because of special circumstances applicable to the applicant's property or
9 project, and that the strict application of this Chapter will deprive the subject properry owner or
applicant of rights and privileges enjoyed by others.
10
3. The special circumstances are the proximity of SR 169 to the adjoining homes and the critical
11 need for night-time work to complete SR 169 rehabilitation. In uncontested and plausible testimony
from Dave Wilkinson, the pavement at the project site has reached its useful life and must be
12 rehabilitated in order to maintain a safe driving surface. Work must be done at night in order to
13 Protect the safety of workers and travelers from accidents that may occur due to high day time traffic
volumes. The night time work is also necessary to prevent disruption of day time SR 169 traffic.
14 Since the night time work is necessary to prevent major traffic disruptions and to protect public and
worker safety, the variance requested by the applicant would likely be approved for any other project
15 of a similar nature and therefore denial of the variance should be considered to deprive WSDOT of
16 rights and privileges enjoyed by others.
1� 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 viciniry of the
1 g location for which this variance is sought.
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4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are
20 mitigated to the extent reasonably practicable under the circumstances. Ultimately, the mitigation
measures require the applicant to provide hotel accommodations if the noise proves too much for
21 adjoining property owners. In this regard, beyond the temporary inconvenience of relocation, the
22 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
23 improvements.
24
RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
25 desired purpose.
26 6. As outlined in Finding of Fact No. 5 and concluded in Conclusion of Law No. 3,the applicant
has taken all measures it reasonably can to reduce noise impacts.
Noise Variance
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2 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
3 approval may be subject to conditions including, but not limited to, the following:
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a. Implementation of a noise monitoring program;
5 b. Maximum noise levels;
c. Limitatiorr on types of equipment and use of particular equipment;
6 d. Limitation on back-up beepers for equipment;
� e. Required use of noise shields or barriers;
f. Restrictions to specific times and days;
g g. Specific requirements for documentation of compliance with the noise variance
conditions;
9 h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to ver�compliance;
10 j. Required access to the project by the Ciry to verify compliarrce with the noise variance
11 conditions;
k. Specific program to allow for temporary hotel vouchers to effected residents;
12 l. Requirements for written verification that all workers understand the noise variance
conditions for the project; and
13 m. Provision allowing the City to immediately revoke the variance approval if the
variance conditions are violated.
14
15 �' Many of the mitigation measures identified above are proposed and/or incorporated into the
conditions of approval. Noise shields will be used when safe and feasible. Ambient sensitive backup
16 alarms are required and tailgate banging is prohibited. Equipment and noise levels are limited to that
identified in Ex. 9. Notice of project work is required for neighboring residents within 300 feet along
17 with a contact and complaint phone number. Hotel vouchers are required if ear plugs and white noise
machines prove ineffective.
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19 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 safery, health and welfare balanced against the harm to be
20 suffered by residents or properry owners receiving the increased noise permitted under this variance.
21 8. As outlined in Conclusion of Law No. 4, the proposed SR 169 night time work is necessary
22 and unavoidable for both safety and traffic circulation reasons. As determined in Finding of Fact No.
5, the mitigation required of and proposed by WSDOT is as much as can reasonably be required
23 under the circumstances. Some residents may notice and/or may be adversely affected by nighttime
24 noise for what appears to be a maximum of three nights. On balance, the variance must be approved
to facilitate significant and necessary improvements to SR 169.
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26 RMC 8-7-8(D)(6): The availabiliry of practicable alternative locations or methods for the proposed
use which will generate the noise.
Noise Variance
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9. As noted in the staff report,there are no alternative locations available.
2
RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the
3 variance and the exterrt and duration of the variance.
4
10. As determined in Finding of Fact No. 5, noise levels will reach levels of up to 90 dBA and the
5 work will occur over a 22 month period on 40 nonconsecutive nights.
6 DECISION
� As conditioned below,the noise variance is approved:
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1. The applicant shall provide the City of Renton project manager with the phone number
9 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
10 manager within 2 days of the complaint.
11
2. The applicant shall implement proposed noise mitigation measures to diminish or
12 eliminate noise during construction as outlined in Ex. 9. Additional mitigation measures
to diminish or eliminate noise during construction are to be provided by the applicant as
13 necessary.
14 3. Written notice of the project will be mailed to all adjoining residents within 300 feet at
15 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
16 more detailed information on the dates and location of project work can be obtained by
calling the contact number. More detailed information on project dates affecting the
1� Maplewood neighborhood will be provided to Ms. Whitley so she can forward that
1 g information to Maplewood residents.
19 4. 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
20 advance of the work.
21 5. Noise monitoring shall be implemented pursuant to a schedule set by City staff and based
22 upon noise complaints. City staff may require daily monitoring if the project results in
repeated noise complaints.
23
6. The applicant shall provide temporary hotel vouchers to affected residents for the nights
24 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
25 sleep at their homes.
26 7. Equipment and noise levels are limited to what is identified in Ex. 9.
Noise Variance
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2 8. Truck tailgate banging is prohibited.
3 9. Unwanted material is to be removed by sweeping. No scraping type of equipment shall
be used during nighttime work.
4
5 DATED this 26t" day of October, 2016.
6 c �`�'',�' �=%�...�-�--,
� �'bi�s1.C3lbrcchts
g City of Renton Hearing Examiner
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10 Appeal Right and Valuation Notices
11 �C 8-7-8(F) and RMC 4-8-080 provide that the final decision of the Hearing Examiner is
12 subject to appeal to the Renton City CounciL RMC 8-7-8(F) and RMC 4-8-ll0(E)(14) requires
appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the
13 date of the Hearing Examiner's decision. Additional information regarding the appeal process may
be obtained from the City Clerk's Office, Renton City Hall—7`"floor, (425)430-6510.
14
Affected property owners may request a change in valuation for property tax purposes
15 notwithstanding any program of revaluation.
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Noise Variance
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