Loading...
HomeMy WebLinkAboutPN_ Noise Variance Request_Public HearingDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 12 | Published: 2/14/2018 Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 Website: rentonwa.gov Noise Variance for more than (2) two days (Public Hearing) Published: 2/14/2018 When is a Noise Variance Required? A noise variance is required to exceed the maximum permissible sound levels established in Renton Municipal Code 8-7 which references to WAC 173-60-020, WAC 173-60-040, WAC 173-60-050, and WAC 173-60-090. Per WAC 173-60-050, sounds originating from temporary construction sites as a result of construction activity shall be exempt from the provisions of WAC 173-60-040, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m. 1 If the duration of the Noise Variance is two (2) days or more the applicant must apply for a Public Hearing Noise Variance RMC 8-7-8 and RMC 4-8-090.E. If the duration of the noise variance is for two (2) days or less, the applicant must apply for an Administrative Noise Variance, which can be downloaded from our website. 1. Residential zones, which shall include Reserve Conservation (RC), Residential – 1 (R-1), Residential – 4 (R-4), Residential – 6 (R-6), Residential – 8 (R-8), Residential – 10 (R-10), Residential – 14 (R-14), Residential Multi-Family (RMF), and Residential Manufactured Home (RMH), are classified as Class A EDNA. What Fees are Required? The City of Renton code requires that a fee be paid for the review of all noise variance applications. The fee amount can be found on the City of Renton website www.rentonwa.gov then >How Do I? > Find > City Fee Schedule. Who Can Apply for a Public Hearing Noise Variance? The owner or jurisdiction in charge of the project can apply for the Public Hearing Noise Variance if the duration of the Noise Variance is for more than two (2) days. How Do I Apply? A completed land use permit application, including required submitted documents, and noise variance application fee is required for submittal. Application Forms Application forms are available at the following link: http://rentonwa.gov/business/default.aspx?id=724 NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 2 of 12 | Published: 2/14/2018 PROCEDURES Step 1: Schedule Pre-Screen: Prior to submitting an application, the Applicant shall informally discuss the proposed noise variance with the Planning Division. Please schedule a pre-screen meeting prior to submitting your application. Step 2: Pre-Screen Meeting: Staff will provide assistance and detailed information on the City’s requirements and standards. Applicants may also take this opportunity to request the waiver of the City’s typical application submittal requirements, which may not be applicable to the specific proposal. Step 3: Schedule Intake Meeting The initial submittal for the Noise Variance will require scheduling an Intake Meeting by contacting the Planning Division. Step 4: Intake Meeting: At the Intake Meeting, the Project Manager will use the Intake Checklist to confirm that all required plans and documents are complete. Applicants are required to bring in a CD or USB (flash/hard) drive with one PDF file of the application package for informal review by staff. Please allow approximately 45 minutes for the meeting. If the submittal is deemed complete, then the fees are to be paid prior to the City accepting the submittal for review. If the City determines the Applicant has not provided a complete submittal the Applicant will be required to schedule a new intake meeting after all items have been addressed. Step 5: Complete Application: Upon completion of a successful and complete intake, the City shall review the submitted materials and shall send a complete application letter to the applicant in the time frame as per RMC 4-8-080.E. Hearing Examiner Decision timeline from complete application to decision is approximately 11-12 weeks. Step 6: Applicant Mails and Posts Notice: Once the City has accepted the project then City staff will provide a notice of application document and a list of addresses to the Applicant. The Applicant shall be required to: 1) post three (3) notices of application and/or Public Hearing (8.5”x 14”) at or near the subject site, (after prior approval from City of the posting locations), 2) obtain and install a minimum of one public information sign on the site with the project information, and 3) mail notice of application to property owners/residents within 300 feet of the project site after prior approval from the City. Step 7: City Review Period The proposal will be routed to City departments that may have an interest in the application. The reviewers have two (2) weeks to return their comments to the Planning Division. During this time the public will have fourteen (14) days to comment on this application and become a party of record which means they have requested to be kept informed on any decision made regarding that specific project. After review of the proposal and any staff or public comments, the Planning Division staff will forward a report and recommendation to the Hearing Examiner prior to the hearing. Step 8: Public Hearing Notice of the Public Hearing will be published in the Renton Reporter by City staff at least 10 days prior to the hearing. Applicants are strongly encouraged to attend the Public Hearing for their proposal.  Display board to be provided by applicant and project maps to be displayed by applicant at hearing. Step 9: Public Hearing Decision The Hearing Examiner will review the noise variance request and issue a final decision within 14 days of the hearing unless, at the time of the Public Hearing, the Hearing Examiner indicates additional time will be required for issuance of the decision. The decision to approve, conditionally approve, or deny the proposal will be mailed to all persons listed on the Master Application and all parties of record. NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 3 of 12 | Published: 2/14/2018 Step 10: Appeal Period Public Hearing decisions are subject to a fourteen (14) day appeal period following a decision. Any appeal shall be made to the City Council. Therefore, work shall only begin after the completion of the appeal period following the noise variance approval. The Hearing Examiner review and decision process is summarized on the flow chart below: Applicant Responsibilities City Responsibilities City Held Meetings Note: The established timelines do not account for unintended findings, modification requests and review time, or omissions which may delay the review process. Timeline for any appeal to the City Council is not reflected above. Step 1 Applicant schedules Pre- Screen Meeting Step 2 Pre-Screen Meeting Held Step 3 Schedule Intake Meeting Step 4 Intake Meeting Held Step 5 Complete Application Step 6 Applicant Mails and Posts Notice Step 7 City Review and Comment Period Step 9 Public Hearing Decision Step 8 Public Hearing Step 10 Appeal Period 2 Weeks PUBLIC HEARING NOISE VARIANCE PROCESS AND REQUIREMENTS (CONT ’D) Page 7 of 12 | Published: 2/14/2018 INTAKE CHECKLIST Use the following checklist as a guide to prepare the permit submittal package. The applicant should contact the assigned City Project Manager if there are any questions regarding submittal requirements. Marking an item as “Not Applicable” or “N/A”, without acceptable justification, may result in the submittal being rejected at Intake. Submittal Items, as applicable Included N/A All Checklists/Studies/Reports Required Unless Waived by City Staff _____ Land Use Permit Application _____ Waiver Form _____ Fees _____ Project Narrative See attached sheet. _____ Variance Request Justification Please provide a written statement separately addressing and justifying each of the issues to be considered by the City. The burden of proof as to the appropriateness of the application lies with the applicant. In order to approve a variance request, the Reviewing Official must find ALL the following conditions exist. See attached sheet. _____ Plat Certificate or Title Report Please provide a current Plat Certificate or Title Report obtained from a title company documenting ownership and listing all encumbrances of the involved parcel(s). The Title Report should include all parcels being developed, but no parcels that are not part of the development. If the Plat Certificate or Title Report references any recorded documents (i.e. easements, dedications, covenants), the referenced recorded document(s) must also be provided. All easements referenced in the Plat Certificate must be located, identified by type and recording number, and dimensioned on the Site Plan. _____ Neighborhood Detail Map Please provide a map drawn at a scale of 1" = 100' or 1" = 200' (or other scale approved by the Planning Division) to be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject site relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, lot lines of surrounding properties within a minimum distance of three (300’) feet from the site, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. Please ensure all information fits on a single map sheet. which shows properties within a minimum distance of 300 feet from the site _____ Site Plan/Project Plan Please provide a fully-dimensioned plan sheet drawn at a scale of 1"=20' (or other scale approved by the Planning Division). We prefer the site plan be drawn on one sheet of paper unless the size of the site requires several plan sheets to be used. If you are using more than a single plan sheet, please indicate connecting points on each sheet. The Site Plan should show the following: Name of proposed project; Date, scale, and north arrow (oriented to the top of the paper/plan sheet); Drawing of the subject property with all property lines dimensioned and names of adjacent streets; Widths of all adjacent streets and alleys; Location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage; Location and dimensions of existing and proposed: NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 8 of 12 | Published: 2/14/2018 1. structures 2. parking, off-street loading space, curb cuts and aisle ways 3. fencing and retaining walls 4. free-standing signs and lighting fixtures 5. refuse and recycling areas 6. utility junction boxes and public utility transformers 7. storage areas and job shacks/sales trailers/model homes  Setbacks of all proposed buildings from property lines;  Location and dimensions of all easements referenced in the title report with the recording number and type of easement (e.g. access, sewer, etc.) indicated;  Location and dimensions of natural features such as streams, lakes, required buffer areas, open spaces, and wetlands; and  Ordinary high water mark and distance to closest area of work for any project located within 200-feet from a lake or stream. _____ Utilities/Construction Plan, Generalized (sewer, water, stormwater, transportation improvements) Please provide a plan drawn on 22" x 34" plan sheets using a graphic scale of 1" = 40' (or other size or scale approved by the Planning Division) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public in cluding, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, free -standing lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall also be shown. _____ Colored Maps for Display (Optional) You may choose to provide a colored version of each plan sheet for use in presenting the project to the Hearing Examiner at the Public Hearing: Neighborhood Detail Map Site Plan NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 9 of 12 | Published: 2/14/2018 PROJECT NARRATIVE Please respond to these criteria; use a separate sheet if needed. 1. Project name (no changes shall be made after acceptance of application submittal) 2. The nature, source, intensity and location of the sound/project limits. (no changes shall be made after acceptance of application submittal) 3. Description of work 4. The equipment and vehicles used for the work (please provide a table of the equipment to be used with its appropriate decibels) 5. Proposed Noise Mitigating Measures the applicant will implement to minimiz e the sound level violations NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 10 of 12 | Published: 2/14/2018 6.Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. 7.The hours during the day and/or night the noise will occur 8.The number of days and/or nights the noise will occur (no changes shall be made after acceptance of application submittal) 9.The ambient sound level during the time of day or night for which the variance is being sought 10.The time period (include start date and end date) for which the variance is requested (no changes shall be made after acceptance of application submittal) 11.The reason for which the noise violation cannot be avoided, i.e. why work cannot be performed within allowed times 12.Mitigating conditions the applicant will implement to minimize the sound level violations NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 11 of 12 | Published: 2/14/2018 VARIANCE REQUEST JUSTIFICATION The Hearing Examiner will base a decision on the specific variance criteria shown below. Please respond to these criteria; use a separate sheet if needed. 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; 2. That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injur ious to the property or improvements in the vicinity of the location for which this variance is sought. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. 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:  Implementation of a noise monitoring program;  Maximum noise levels;  Limitation on types of equipment and use of particular equipment;  Limitation on back-up beepers for equipment;  Required use of noise shields or barriers;  Restrictions to specific times and days;  Specific requirements for documentation of compliance with the noise variance conditions;  Specific requirements for notification to nearby residents;  Required cash security to pay for inspection services to verify compliance;  Required access to the project by the City to verify compliance with the noise variance conditions;  Specific program to allow for temporary hotel vouchers to effected residents; NOISE VARIANCE FOR MORE THAN TWO DAYS (PUBLIC HEARING) Page 12 of 12 | Published: 2/14/2018 Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance w ith all codes and regulations, whether or not described in this document.  Requirements for written verification that all workers understand the noise variance conditions for the project; and  Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. 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 p roperty owners receiving the increased noise permitted under this variance. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Equipment Description Impact Device Representative Noise Lavga,b at 50 feet (dB) Anticipated Noise Level at 150 feet (dB) Anticipated Noise Level at 200 feet (dB) Backhoe No 78 69 66 Compactor (ground)No 83 73 71 Dump Truck No 76 65 64 Excavator No 81 71 69 Vacuum Truck No 85 75 73 Generator No 81 71 69 Generator (<25kva, VMS signs)No 73 63 61 1-ton Pickup Truck No 68 58 62 Portable Light Plants and Generators No 64 54 52 Roller No 80 70 68 Stripe Grinder No 76 66 64 Welder/Torch No 74 64 62 Common Noise Sources Typical Automobile Noise at 35 mph (Speed limit on Renton Avenue. S.)No 64 54 52 Air Conditioning Unit No 60 50 48 Refrigerator Unit No 73 72 61 Garbage Trucks No 100 90 88 Noisy Restaurant No 70 60 58 Lawn Mower No 90 80 78 Business Office No 70 (in office)60 58 Notes: b Lavg is the maximum value of a noise level in decibels (dB) that occurs during a single event. Table 1. Average noise levels at 50 feet from proposed construction equipment and common noise sources and anticipated noise levels at 150 and 200 feet from noise source. a U.S. Department of Transportation Federal Highway Adminstration's Roadway Construction Noise Model Database (2005). OPL12OPL12OPL12OPL12OPL12OPL12OPL12OPL12OPL12OPL12OPL12OPL12O P L 1 2OP L 1 2OP L 1 2OP L 1 2 3003 5 0 25 0 3 0 0 35035020020 0 2 5 0 25 0 250 2502 0 0 200 250 250 R E N T O N A V E N U E S O U T H S. 132ND STREET 84TH AVENUE S.PARCEL #2144800776 PARCEL #2144800776 PARCEL #2144800777 PARCEL #2144800775 PARCEL #1823059055 PARCEL #1823059199 PARCEL #2144800485 PARCEL #2144800720 PARCEL #2144800520 PARCEL #2144800487 PARCEL #2144800500 PARCEL#2144800488PARCEL#2144800523PARCEL #2144800522 S 134T H S T R E E TPARCEL#2144800745PARCEL #214480TR-XPARCEL#2144800525PARCEL#2144800530PARCEL #2144800765 PARCEL #2144800778 PARCEL #1823059226 PARCEL #1823059224PARCEL #1823059054 PARCEL #2144800486 PARCEL#2144800526PARCEL #2144800270 300' 300' PARCEL #1823059050 PARCEL #1823059050 S. 132ND STREET SENECA AVENUE NW84TH AVENUE S.PARCEL #2144800774 12RS UTWM DIG SITE 2019-01 OLYMPIC PIPE LINE COMPANY LLC A A P:\0\0894126\CAD general\44\12RS UTWM Dig Sites 2019-01\12RS UTWM Dig Sites 2019-01-A_1-1.dwg TAB:S01 Date Exported: 05/19/20 - 12:32 by syiDATA SOURCE: DATA FROM CITY OF RENTON GIS DATA AND AERIAL PHOTO FROM BING AERIAL. PROJECTION: NAD83 WASHINGTON STATE PLANES, NORTH ZONE, US FOOT. W E N S LEGEND SEWER LINE WATER LINE STORM DRAIN LINE INACTIVE PIPE PARCEL BOUNDARY OLYMPIC PIPELINE (12") 10-FOOT CONTOUR 50-FOOT CONTOUR NEIGHBORHOOD NOTIFICATION LINE (WITHIN 300 FEET OF PROJECT SITE) OPL12 SCALE: NEIGHBORHOOD DETAIL MAP 1" = 100'0 SCALE IN FEET 100 200