HomeMy WebLinkAboutWSDOT Noise Variance 2017 �
Denis Law Mayor
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City Clerk-Jason A.Seth,CMC
September 27, 2017
Maria Laura Musso Escude
WSDOT
15700 Dayton Av N, N682-138
Seattle, WA 98133-9710
Subject: Hearing Examiner's Fina) Decision
RE: WSDOT Pavement Rehabilitation Project I-405/SR 900 to Coal Creek
Parkway(LUA-117-000492)
Dear Ms. Escude:
The City of Renton's Hearing Examiner has issued a Final Decision dated September 26,
2017. This document is immediately available:
• Electronically online at the City of Renton City Clerk Division website at
�vww.renton�va.�av/citvclerk. Click the "Hearing Examiner Decisions" link on the
right side of the screen located under the section titled, "Helpful Links." The
Hearing Examiner Decisions are filed by year and then alphabetical order by
project name.
� To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055
South Grady Way, between S 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$1.05, 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
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1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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 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 jseth@rentonwa.gov. Thank you.
Sincerely,
, ��
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Rohini Nair, Civil Engineer III
lennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Katie Buchl-Morales,Admin Secretary, Planning Division
Julia Medzegian, City Council Liaison
Parties of Record (7)
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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10 RE: WSDOT Pavement Rehabilitation )
Project for SB I-405, SR 900 to Coal � FINAL DECISION
11 Creek Parkway �
12 Noise Variance �
13 )
LUA17-000492, V-H )
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15 Summary
16 The Washington State Department of Transportation ("WSDOT") has applied for a variance from
17 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
1 g 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
19 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
20 location not exceeding 15 minutes. The variance is approved with conditions.
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22 Testimony
23
Robin Nair, City of Renton Civil Engineer llI, summarized the proposaL In response to examiner
24 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
25 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
26 impacts would be of short duration for each residence because the work was mobile and would not
Noise Variance
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remain long at any specific location. The applicant is also implementing several noise mitigation
2 measures to minimize noise impacts.
3 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
4 be grinded are at Coal Creek Parkway. The applicant just got word that instead of having to replace
5 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
6 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 walis reduce noise levels by 5-10
g 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
9 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
10 would hear maximum noise levels is 15 minutes.
11
12 Exhibits
13 The August 31, 2017 StaffReport 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.
14 The staff power point was admitted as Exhibit 9.
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16 FINDINGS OF FACT
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Procedural:
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19 1. Ap�licant. WSDOT
20 2. Hearin�. A hearing was held on the subject application on September 12, 2017 at 11:00 am in
21 the City of Renton Council Chambers.
22 Substantive:
23 3. Project Description. The Washington State Department of Transportation ("WSDOT") has
24 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
25 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.
26 The proposed work would occur during 30 non-consecutive nights from March 1, 2018 to December
31, 2018.
Noise Variance
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2 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
3 markers. Only four traffic loops will need to be replaced.
4 Nighttime work will minimize congestion impacts to drivers, and commuters during the day, and is
5 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,
6 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.
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9 4. Nei�hborhood 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,
10 and R-8), Residential Multi-Family, Urban Center, and Commercial Office Residential.
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12 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
13 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
14 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
15 Laura Musso-Escude, WSDOT representative, noise levels will not exceed ambient noise levels at
16 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
1� reasonably practicable via the conditions of approval of this decision.
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19 Conclusions of Law
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1. Authoritv. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public
21 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 8-7-8(D).
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RMC 5-7-8(D)(1): That the applicant suffers practical d�culties and unnecessary hardship and the
24 variance is necessary because of special circumstances applicable to the applicant's property or
25 project, and that the strict application of this Chapter will deprive the subject property owner or
applicant of rights and privileges enjoyed by others.
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Noise Variance
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3. The special circumstances are the proximity of I-405 to adjoining homes and the critical need
2 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
3 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
4 is the only way to reduce projection generated congestion to feasible levels.
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6 RMC 8-7-8(D)(2): That the granting of the variance will not be materially detrimental to the public
� health, welfare or safery, or unduly injurious to the property or improvements in the vicinity of the
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
9 mitigated to the extent reasonably practicable under the circumstances and will be of relatively short
10 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
11 inconvenience of relocation,the noise impacts are completely mitigated and as a result, the granting of
12 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.
15 5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all
�6 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. Implernentation of a noise monitoring progr�am;
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 ver�compliance;
25 j. Required access to the project by the City to ver�compliance with the noise variance
26 conditions;
k. Specific program to allow for temporary hotel vouchers to effected residents;
Noise Variance
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l. 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 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.
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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
g by residents or property owners receiving the increased noise permitted under this variance.
9 7. The existing pavement life cycle of this section of the SB I-405 corridor has reached the point
10 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
11 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
12 reasonably practicable so granting this variance would not cause WSDOT to adversely affect the
13 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.
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15 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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8. As noted in the staff report,there are no alternative locations available.
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18 RMC 8-7-8(D)(7): The extertt by which the prescribed noise limitations will be exceeded by the
variance and the extent and duration of the variance.
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9. The noise variance is requested for 30 non-consecutive nights from March 1,2018 to December
20 31, 2018. Peak noise levels produced by construction equipment are expected to range from 64 to 82
21 decibels at a distance of 50 feet from the source of the noise.
22 DECISION
23 As conditioned below, the noise variance is approved:
24 1. The applicant shall provide the City of Renton project manager with the phone number for
25 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
26 within five (5)days of the complaint.
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2 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
3 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
4 number.
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3. The applicant shall notify the City of Renton project manager with the date and areas of
6 expected night work prior to commencement of night work, a minimum of 24 hours in
advance of the work.
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8 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.
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5. The applicant shall provide temporary hotel vouchers to affected residents for the nights of
10 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
11 at their homes.
l� 6. Equipment and noise levels are limited to what is identified in Ex. 3.
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7. The applicant shall implement the noise mitigation measures identified in Ex. 5. Should
14 mitigation in Ex. 5 conflict with that required by this decision, the more protective
mitigation shall apply.
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16 g• The applicant shall provide written verifrcation that all workers understand the noise
variance conditions for the project.
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9. This variance decision shall be immediately revocable by hearing examiner after a public
18 hearing if the variance conditions are violated.
19 DATED this 26t"day of September, 2017.
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23 City of Renton Hearing Examiner
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Appeal Right and Valuation Notices
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RMC 8-7-8(F) and RMC 4-8-080 provide that the final decision of the Hearing Examiner is subject
26 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
Noise Variance
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Hearing Examiner's decision.Additional information regarding the appeal process may be obtained
2 from the City Clerk's Office, Renton City Hall—7th floor, (425) 430-6510.
3 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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