Noise Variance Staff Decision with Attachments-STF20170032-PUD.pdffhC. 18y"
CITY OF EDMONDS
121 5ch Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT SERVICES DEPARTMENT
NOISE VARIANCE STAFF DECISION
Project: Snohomish County PUD Electrical Service Connection
Applicant: Snohomish County PUD, Yasamin Zadchgol
yxzadehgol@snopud. com
File Number: STF20170032
Associated Permit(s): ENG20160368 — Right -of -Way Construction Permit
Date of Decision: January 4, 2018
Reviewed By: Shane Hope, Development Services Director
Leif Bjorback, Building Official
Jeanie McConnell, Engineering Program Manager
I. INTRODUCTION
The applicant has applied for a noise variance (Attachments 1 and 2) to transfer PUD facilities
and equipment from an old power pole to a new power pole at three locations — 9647 Firdale Ave,
9643 Firdale Ave, and 23900 Firdale Ave. The right -of -work associated with these locations has
been approved under a separate right-of-way construction permit, ENG20160638, but the
applicant has requested that the transfer of electrical services at these locations be performed
between the hours of 9:00pm — 6:00am, which is outside the normally approved hours for
construction.
The following is staff s analysis and decision on the proposal
II. FINDINGS AND CONCLUSIONS
A. GENERAL INFORMATION
1. Request: The applicant is requesting a noise variance for work proposed as part of a
Snohomish County PUD power pole replacement project.
2. Review Process: A noise variance is a Type I decision pursuant to ECDC 20.01.003. The
director or his/her designee reviews the project and issues an administrative decision
pursuant to ECDC 20.75.050.C.
3. Project Owners: Snohomish County PUD
4. Applicant: Snohomish County PUD Engineering Services, Yasamin Zadehgol
5. Location: 9647 Firdale Ave, 9643 Firdale Ave, and 23900 Firdale Ave
6. Activities, Equipment and Factors: Refer to Attachments 1 & 2
Page 1 of 3
B. PUBLIC CONVENIENCE — Will the work result in significant delays for transportation,
services, or other customer needs if done only during the day and within the hour restrictions
set out in other parts of ECC Chapter 5.30?
PUD has indicated that 26 plus businesses will be affected by the power outage that will
occur with the transfer of facilities from the bad power poles to the new power poles.
Performing this work after hours will greatly reduce the impact to these businesses. In
addition, disruption to the transportation system on Firdale Ave, a main connection between
Highway 99 and SR-104, will also be minimized by performing the work after hours.
C. PUBLIC SAFETY —Does working at night significantly improve safety conditions for the
traveling public and/or construction workers?
By performing the work at night fewer residents and customers of the affected businesses will
be walking or driving within the vicinity of the proposed work.
D. PUBLIC EXPOSURE — What will be the setting for any proposed work outside of regular
hours? Is it located on an arterial street or in a mostly residential area?
Two of the three poles are located within public right-of-way and one pole is located on
private property. New poles have already been installed at each of the three locations, which
minimizes the amount of work to be completed outside regular working hours. The
surrounding area is mixed residential and business.
E. PUBLIC COSTS —Does a limited amount of authorized work outside of regular hours
established by this chapter save the public significant cost compared to daytime work?
By performing the work outside of regular hours the disruption to the businesses will occur
during hours in which they are closed, as opposed to daytime hours when customers would be
served.
F. NOISE REDUCTION MEASURES — Have all reasonable steps been taken to reduce the
impact of any necessary noise outside the standard hours?
Work that could be performed by PUD during normal working hours, such as pole
installations and other heavy construction activities, has been completed. Movement of
vehicles on site after hours will be minimized and verbal communications among PUD crew
members will be conducted with quiet noise levels in mind.
III. DECISION
Based on the Findings of Fact and Conclusions, the following decision is issued by the City of
Edmonds Development Services Department. The noise variance, is APPROVED with the
following conditions:
1. The noise variance is limited to the hours of 8pm — 6am.
2. The noise variance is granted for work on a Monday, Tuesday, Wednesday, or Thursday, on a
date agreed upon by the City with 24-hrs advance notice.
Page 2 of 3
3. Construction activity and associated traffic control shall be performed consistent with
separately approved right-of-way construction permit.
4. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130
relating to public disturbance noises.
IV. APPEALS
Type I permit decisions may be appealed by a party of record to Snohomish County superior
court within 21 days of the date of the decision pursuant to ECDC 20.07.006.
V. PARTIES OF RECORD
City of Edmonds
121 5' Avenue North
Edmonds, WA 98020
Snohomish County PUD
Yasamin Zadehgol
1802 75t' St SW
Everett, EA 98203
VI. ATTACHMENTS
1. Initial Application and Documents
2. Additional Information
3. Approved ROW Permit — ENG20160368
File - STF20170032
Al Compaan, Police Chief
Jim Lawless, Assistant Police Chief
Chris Rivera, Engineering Technician
DS Admin
Page 3 of 3
DEVELOPMENT SERVICES
WORK HOURS VARIANCE REQUEST FORM
121511 Avenue N, Edmonds, WA 98020
Phone 425.771.0220 0 Fax 425.771.0221
PROJECT NAME:
PERMIT(S) #:
(3) DEPRECIATED POLE REPLACEMENT
PROJECT ADDRESS: 1) 9647 FIRDALE AVE, EDMONDS;
2) 9643 FIRDALE AVE, EDMONDS; 3) 23900 FIRDALE AVE, EDMONDS
APPLICANT: YASAMIN ZADEHGOL
Phone:
425-783-5592 OR 425-231-0475
Address (Street, City, State, Zip): 1802 75TH ST SW, EVERETT
E-Mail: YXZADEHGOL@SNOPUD.COM
WA 98203
PROPERTY OWNER: MULTIPLE BUSINESSES ON THESE PROPERTIES.
Phone: 425-586-4663
CONTACT LEIBSOHN MANAGEMENT FOR MORE INFORMATION.
Address (Street, City, State, Zip): 1) 9647 FIRDALE AVE, EDMONDS;
E-Mail:
N/A
2) 9643 FIRDALE AVE, EDMONDS; 3) 23900 FIRDALE AVE, EDMONDS
CONTACT PERSON: (This person must be available at all times that
Phone:
extended work is being performed) THE CONTACT INFORMATION WILL BEAVAILABLE 72 HOURS PRIOR TO THE W
)RK SEE CONTACT PERSON
Address (Street, City, State, Zip):
E-Mail:
SEE CONTACT PERSON
1802 75TH ST SW, EVERETT WA 98203
CONTRACTOR: SNOHOMISH COUNTY PUD
Phone: SEE APPLICANT INFORMATION
Address (Street, City, State, Zip): 1802 75TH ST SW, EVERETT WA 98203
E-Mail: SEE APPLICANT INFORMATION
DATES AND TIME OF EXTENDED WORKTIME REQUESTED:
WA State Contractor License #/Exp. Date:
ALL 3 POLES CAN BE SCHEDULED TOGETHER ON 1 NIGHT. THIS CAN BE DON
ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY OF THE
City of Edmonds Business License #/Exp. Date:
WEEK. HOURS OF WORK WILL BE BETWEEN 9 PM TO 6 AM, FOR A 6-8 HOUR
DURATION.
DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES:
THE (3) DEPRECIATED PUD POWER POLES LOCATED AT THE SPECIFIED ADDRESSES ABOVE NEED TO BE REPLACED.
-OF
I HE NEW POLES HAVE ALREADY BEEN INS IALLED AT EACH LOGAI ION, AND I HE REMAINDER I HE WORK WILL REOUTRT---
PUD FACILITIES & EQUIPMENT TO BE TRANSFERRED FROM THE OLD POLE TO THE NEW POLE. THIS WILL RESULT IN A
TEMPORARY POWER OUTAGE TO THE 26+ BUSINESSES ON THESE PROPERTIES (-19 BUSINESSES AT ADDRESS ONE; -5
BUSINESSES AT ADDRESS TWO- —2 B 1SIN SS S AT ADDRESS THREE) THE POLES ARE QLOSE TO EACH OTHER AND ALL WORK
WILL BE CONDUCTED IN A SAFE MANNER WHILE LIMITING THE NECESSARY NOISE TO THE MINIMUM LEVEL POSSIBLE.
❑ A RATIONALE FOR THE PROPOSAL SHALL BE SUBMITTED IN ADDITION TO THIS FORM. PLEASE REFER TO THE WORK
HOURS VARIANCE REQUEST HANDOUT WHICH ASKS FOR AN EXPLANATION OF HOW THE ACTIVITIES WILL COMPLY WITH
THE REQUIREMENTS OF THE VARIANCE ORDINANCE.
Print Name: YASAMIN ZADEHGOL
�6 �G 1.�9� 10/31/17
Signature: amzoL Date:
FORM B V:\DESKTOP\Work Hours Variance Form B 2017.docx Updated: 09/25/2017
Attachment 1
C. Variances shall be processed as Type 1 permit procedure under ECDC 20 01.003 B. bile using the criteria found in subsection
A of this section. Factors to be b lanced in the process include those identified as folle../S
1. Public convenience — Will the work result in significant delays for transportation, services, or other customer needs if done only
during the day and within the hour restrictions set out in other parts of this chapter?
2. Public Safe — Does working outside of normally allowed significantly improve safety conditions for the traveling public and/or
construction workers?
3. Public exposure — What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in
a mostly residential area?
4. Public cost — Does a limited amount of authorized outside of regular hours established by this chapter save the public
significant cost compared to daytime work?
5. Noise reduction measures -- Have all reasonable steps been taken to reduce the impact of any necessary noise outside the
standard hours? Answering this question needs to include evaluation of (1) limiting the nighttime or early morning work to only
that necessary to reasonably mitigate the issues identified above, (2) use of quiet generators and quiet pumps (as available),
(3) drilling and placing of piles instead of driving them, as well as use of other techniques, design choices, and acoustic control
equipment and strategies necessary to minimize the night-time or early morning impacts from construction noise.
Public convenience: Yes. To complete the work with minimal disruption to the 26+ commercial
businesses' normal operating hours, this work needs to be done during the night time hours.
Public safety: Yes. Public safety is enhanced by scheduling the work during night time hours
when fewer neighborhood residents and customers of the affected businesses are walking or
driving in the vicinity of the planned work. It will also avoid the disruption of normal traffic,
eliminate outage interference during normal daytime activities, provide an accessible parking lot
that won't be blocked during the day with crew trucks, and is the best way to reduce public
inconvenience.
3. Public exposure: It minimizes exposure. Two of the poles are located on public right of way
(Firdale Ave), and one pole is located on private property. Traffic control permits have already
been obtained from the City of Edmonds for the two poles on right of way.
4. Public cost: Yes. It will help costs of the affected commercial businesses by disrupting their
power when they are closed, as opposed to in the middle of the day during their peak hours of
operation.
5. The PUD will undertake the described work in a manner to limit the necessary noise to the
minimum level attainable with the equipment to be used. Verbal communications among PUD
crew members during conduct of the work will be made with quiet noise levels in mind.
The PUD's strategy includes completing advanced preparatory work without an outage and with
minimal impact to traffic and other business activities during normal daytime work hours. With
that said, the pole installations and most other heavy construction activities have already been
complete for this work.
Yasamin Zadehgol
Senior Design Engineer
Distribution Engineering
Snohomish County PUD
Office: 425-783-5592
Cell: 425-231-0475
yxzadehgol@snopud.com
M
REQUIREMENTS FOR
WORK HOURS VARIANCE
PERMITTING & DEVELOPMENT
BUILDING DIVISION
121 5th Avenue N
P: 42.5.771.0220
www.edmondswa.gov
The Code:
Based on ECC 5.30.110 Sounds exempt during daytime hours:
Section B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of
this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, excluding
Sundays and federal holidays.
5.30 120 Variances.
A. Variances may be granted to any person from any requirement of ECC 5.30.040 (maximum permissible sound levels) or 5.30.110
if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances
rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise
source or because of non -availability of feasible technology or control methods.
B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and
circumstances
C. Variances shall be processed as a Type 1 permit procedure under ECDC 20.01.003.B, while using the criteria found in subsection
A of this section. Factors to be balanced in the process include those identified as follows:
1. Public convenience — Will the work result in significant delays for transportation, services, or other customer needs if done only
during the day and within the hour restrictions set out in other parts of this chapter?
2. Public Safety — Does working outside of normally allowed significantly improve safety conditions for the traveling public and/or
construction workers?
3. Public exposure — What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in
a mostly residential area?
4. Public cost — Does a limited amount of authorized outside of regular hours established by this chapter save the public
significant cost compared to daytime work?
5. Noise reduction measures -- Have all reasonable steps been taken to reduce the impact of any necessary noise outside the
standard hours? Answering this question needs to include evaluation of (1) limiting the night time or early morning work to only
that necessary to reasonably mitigate the issues identified above, (2) use of quiet generators and quiet pumps (as available),
(3) drilling and placing of piles instead of driving them, as well as use of other techniques, design choices, and acoustic control
equipment and strategies necessary to minimize the night-time or early morning impacts from construction noise.
D. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises.
A Temporary Construction Site is defined as the location of a development -related construction project being performed under a
City -issued permit, where required.
Procedures:
For Private Development -related Projects, applications for a noise variance shall be submitted to the Development Services
Department no later than 2 weeks prior to the requested activity, or as otherwise deemed appropriate by the director. An earlier date is
strongly recommended because approval could take longer if necessary if information is unclear or missing or the department needs
additional time to consider relevant factors. Applications must be accompanied by documentation and rationale sufficient to identify the
date(s) and time for which the variance is being requested and to demonstrate compliance with the criteria set forth in the ordinance.
The director or designee shall render a determination based on the authority under ECC 5.30.120. Approval or denial shall be in writing.
Fees:
The fee amount shall be that as established in the current department fee schedule for a Type 1 Staff Decision (currently $285 which
includes a technology fee) and is payable upon application. Refunds will not be available once a determination has been made,
whether approval or denial.
FORM B V:\DESKTOP\Work Hours Variance Form B 2017.docx Updated: 09/25/2017
Date: December 13, 2017
To: Shane Hope, City of Edmonds, Director, Developmental Services
From: Gordon Hayslip, Snohomish PUD, Distribution Engineering Services
Subject: City of Edmonds Noise Ordinance Variance Request
Snohomish PUD Distribution Engineering Services is requesting of City of Edmonds Developmental
Services that the PUD be granted administrative permission to allow electrical service construction
activity to be done between the hours of 9:00 PM to 6:00 AM (i.e. night work) to serve City of Edmonds
Commercial customers noted below. This request constitutes a variance request in accordance with
Edmonds Community Code 5.30.110.
Name of Affected Customers: *Please see attached Word document.
Location of Work to be conducted: *Please see attached Word document.
Anticipated Duration of Outage Needed for This Work: 6 to 9 hours (approximately).
Date Range Within Which Work To Be Conducted: Any Sunday, Monday, Tuesday, Wednesday, or
Thursday of the week. Hours of work will be between 9:00 PM to 6:00 AM for a 6 to 9 hour duration
as described above.
Requested Variance Action Target Date: TBD.
This request for a variance exemption is submitted for the following reasons:
1. To complete the work described above with minimal disruption to the affected commercial
businesses' normal operating hours this work needs to occur during night time or weekend
hours.
2. This work, when done during nighttime hours will avoid significant disruption of normal traffic,
resident's normal activities or other customer needs and reduce public inconvenience.
3. Public safety is enhanced by scheduling this work during night time hours when fewer
neighborhood residents and customers of affected businesses are walking or driving in the
vicinity of the planned work.
4. The PUD will undertake the above described work in a manner to limit the necessary noise to
the minimum level attainable with the equipment to be used. Verbal communications among
PUD crew members during conduct of the work will be made with quiet noise levels in mind.
5. The PUD's strategy includes completing advance preparatory work without an outage and with
minimal impact to traffic and other business activities during normal daytime work hours.
Variance Submittal Contact Person:
Project Engineer (Yasamin Zadehgol), Distribution Engineering Services, Snohomish PUD:
425.783.5592; yxzadehgol@snopud.com
Gordon Hayslip, Distribution Engineering Services, Snohomish PUD:
425.783.4312; gwhayslip@snopud.com.
Attachment 2
Additional City of Edmond's Questions after 11/6/17 Variance Application Submittal
1. Please dote on the application the associated pennnits (previously approved or applied for
permits) that grant or seek approval for the actual work being performed.
a. Does the associated permit include traffic control for work to be penfoneed at night?
2. The site plan received is difficult to read. Provide a plan that clearly shows the location of the
proposed work. including travel lanes and neighboring businesses and/or homes.
3. Public convenience: Provide a list businesses innpacted by the required work. Will the proposed
work. if a variance is not approved. impact the transportation system?
4. Public exposure: Provide a plan indicating how you will notify affected adjacent property
owners.
5. Noise reduction measures: Ill meeting this criteria. please discuss the effort that has been tip to
this point to imnninlize noise during the night work. Please also discuss noise reduction
techniques related to vehicles/equipment that will be used during the night operations.
Responses
1) As stated previously under the "Item C" responses that were originally submitted with this
application, two of the three poles are located on public right of way (Firdale Ave) and one pole
is located on private property. A traffic control permit has already been obtained from the City
of Edmonds for the two poles on public right of way (locations Z2 and Y). This permit # is
ENG20160368 (permit document is attached). For the third pole (location Z3), this question does
not apply since it is located on private property and therefore not in the City of Edmond's right
of way jurisdiction.
a) For the two poles on public right of way (locations Z2 and Y), the attached permit document also
includes an approved traffic control plan. On page 4 of the plan however, it specifies permitted
work hours that prevent this project from being done at night (hence the need for a variance in
the first place). Therefore if this variance is approved, the permit needs to clearly state that PUD
crews have permission to work between the hours of 9 PM to 6 AM (i.e. night work). For the
third pole (location Z3), this question does not apply since it is located on private property and
therefore not in the City of Edmond's right of way jurisdiction. This pole however is still part of
the variance request for night work.
2) Site Plan for Location Z3 (private property; 9647 Firdale Ave, Edmonds) and Location Z2 (right of
way; 9643 Firdale Ave, Edmonds)
_ MOO.;'
Site Plan for Location Y (right of way; 23900 Firdale Ave, Edmonds)
3)
*List of businesses (sub -addresses) impacted by the required work at location Z3 (9647 Firdale
Ave, Edmonds). This list is an estimate and could be larger with the units that have multiple
meters:
1) 9661
= AQUARIUM CO-OP
2) 9659
= AQUARIUM CO-OP
3) 9667
= THE PHOENIX THEATRE
4) 9647
= REIGNING CATS & DOGS
5) 9669
= LOLA CREATIVE FLORAL
6) 9697
= THE KITTY CATFE
7) 9655
= HULA 0 LEHUALANI
8) 9695
= VENICE PIZZA
9) 9679
= 2 HANDS 4 PAWS
10) 9675
= CJN MINIATURES DOLLHOUSE
11) 9681
= EJK MARTIAL ARTS
12) 9685
= 6 MOVEMENTS
13) 9657
= VINEYEARD WINE SHOP
14) 9649
= PEANUT'S PAL DOGGIE DAYCARE
15) 9653
= CHAGDUD GONPA AMRITA
16) 9673
= THE PHOENIX THEATRE
17) 24300
(7 METERS) = WPI REAL ESTATE SVC INC
18) 9691
= 2 HANDS 4 PAWS
19) 9687 (1
METER) = WPI REAL ESTATE SVC INC
*List of businesses (sub -addresses) impacted by the required work at location Z2 (9643 Firdale
Ave, Edmonds). This list is an estimate and could be larger with the units that have multiple
meters:
1) 9643 = SARAH ETZLER (COFFEE STAND)
2) 9633 (2 METERS) = DAN'S BARBER SHOP
3) 9635 (3 METERS) = DOROTHY M MOORE / DOG STORE
4) 9635 (OR 9639 FIRDALE UNIT A) = BLEEDING DISORDER FOUNDATION OF WA
5) 9641 = SHEPHERD-DAVIS HIGHLIGHTS / HAIR SALON
*List of businesses (sub -addresses) impacted by the required work at location Y (23900 Firdale
Ave, Edmonds). This list is an estimate and could be larger with the units that have multiple
meters:
1) 23900 = MEINEKE CAR CARE CENTER (OH SERVICE)
2) 23902 = TOBIASSEN GROUP COFFEE STAND (UG SERVICE)
3 cont'd) Yes. As far as transportation, if the variance is not approved (and therefore scheduled during
regular daytime hours), it will disrupt the flow of normal traffic that will be at its peak in the day as
opposed to in the middle of the night when there are fewer drivers in the vicinity of the work.
Completing this job during nighttime hours will also provide an accessible entrance and parking lot for
customers, employers, or any other resident going to the Firdale Village shopping center (the businesses
specified above) during the day when it is open. Therefore the granting of this variance will significantly
reduce the impact to traffic, cause minimal disruption to the affected businesses / customers, and
enhance public safety as a whole.
4) As far as notifying adjacent property owners, the PUD's strategy has always been to give proper
notice to any property affected by the work. This job will cause a temporary power outage to the
multiple businesses specified above, as well as a few residential property owners. The PUD is
responsible for contacting these residents (usually at least 48 hours in advance) to let them know
about the project's intentions and the anticipated schedule. When multiple commercial businesses
are involved (like this example) and they are all dependent on power to keep their businesses
successfully running, the PUD tries to be courteous of this and schedules the outage at night to
avoid peak hours of operation. This strategy, in response, also reduces public inconvenience for any
customer benefitting from the services of these businesses
5) Our standard overhead crew structure will include a bucket truck, digger derrick truck, 1 ton pickup,
and a minimum crew size of four individuals not counting flaggers if needed. Our "Noise Reduction
Measures" will involve completing as much heavy construction and excavation as possible during
normal working hours, minimizing the moving of our vehicles once they are set up at the worksite,
and completing our after-hours work as safely and quickly as possible. As stated previously under
the "Item C" responses that were originally submitted with this application, the PUD will undertake
the described work in a manner to limit the necessary noise to the minimum level attainable with
the equipment to be used. All advanced preparatory work that will not require an outage will be
done (or has already been done) during normal daytime work hours. With that said, the pole
installations and most other heavy construction activities have already been complete for this job.