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DECISION STF2021-0035 WITH ATTACHMENTSCITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT Page 1 of 3 DEVELOPMENT SERVICES DEPARTMENT NOISE VARIANCE STAFF DECISION Project: Pavement Preservation at Edmonds Ferry Terminal Applicant: Washington State Department of Transportation (WSDOT) File Number: STF2021-0035 Associated Permit(s): None Date of Decision: February 11, 2022 Reviewed By: Jeanie McConnell, Engineering Program Manager Leif Bjorback, Building Official I. INTRODUCTION The applicant has applied for a noise variance (Attachment 1) for 10 non-consecutive nights to conduct pavement restoration activities at the Edmonds Ferry Terminal and within the ferry holding lanes. The work proposed falls within WSDOT property and does not require a separate right-of-way construction permit. 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 paving and preservation project at the Edmonds Ferry Terminal. 2. Review Process: A noise variance shall be processed as a Type 1 permit procedure pursuant to ECDC 20.01.003(B) and reviewed in accordance with the criteria found in ECDC 5.30.120 3. Project Owners: Washington State Department of Transportation (WSDOT) 4. Applicant: Akberet Ghebreghzabiher, WSDOT 5. Location: Edmonds Ferry Terminal and Ferry Holding Lanes – SR-104 6. Activities, Equipment and Factors: Refer to Attachments 2 & 3. Page 2 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? The proposed work will take place at the Edmonds Ferry Terminal and as such, work performed during normal working hours would result in significant delays for transportation, services, or other ferry user needs. C. PUBLIC SAFETY – Does working at night significantly improve safety conditions for the traveling public and/or construction workers? Performing work at night will avoid ferry interruptions and will minimize roadway hazards to workers and any of the public that would otherwise need to travel through the construction zone. 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? Proposed work will take place at the Edmonds Ferry Terminal on the west side of the railroad tracks, as well as within the ferry holding lanes north of the ferry terminal booths. 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? Yes, work performed outside regular hours will avoid delays to ferry users and in turn save costs related to delays in transportation, services or alternative transportation routes. F. NOISE REDUCTION MEASURES – Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? The applicant has indicated that reasonable steps will be taken to reduce the impact of noise outside standard hours. The contractor will be instructed to avoid parking and idling vehicles next to residences. In addition, a WSDOT after-hours noise compliant phone number will be provided. 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 granted for 10 non-consecutive nights, Monday – Thursday, between April 1, 2022 and September 30, 2022. Work on Federal Holidays to be excluded from this approval. 2. The City shall be notified 24-hrs in advance of work start by emailing engineeringpermits@edmondswa.gov 3. Construction activity and associated traffic control shall be managed by WSDOT and performed consistent with MUTCD standards. Page 3 of 3 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 5th Avenue North Edmonds, WA 98020 WSDOT Akberet Ghebreghzabiher 15700 Dayton Avenue N Shoreline, WA 98133 VI. ATTACHMENTS 1. Application 2. Project Plans 3. Equipment List c: File - STF2021-0035 Susan McLaughlin, Development Services Director Kraig Strum, Edmonds PD Development Services Admin Updated: 08.24.20 DEVELOPMENT SERVICES WORK HOURS VARIANCE REQUEST FORM 121 5th Avenue N, Edmonds, WA 98020 Phone 425.771.0220 ۩ Fax 425.771.0221 PROJECT NAME: Edmonds Paving Preservation OTHER PERMIT(S) ISSUED FOR PROPOSED WORK #: WSF Individual Multisite, HPA Permit NPDES, Bridge & Ferry Terminal Washing General Permit. Nationwide Permit 3 PROJECT ADDRESS: SR 104 Edmonds Washington USACE, Ferries On-Call Programmatic APPLICANT: Akberet Ghebreghzabiher Phone:206-440-4547 Mobile:425-773-2561 Address (Street, City, State, Zip): 15700 Dayton Avenue North, Shoreline, WA. 98133 E-Mail: Ghebrea@wsdot.wa.gov PROPERTY OWNER: Washington State Department of Transportation (WSDOT) Phone: (206)-440-4547 Address (Street, City, State, Zip): 15700 Dayton Avenue North, Shoreline, WA. 98133 E-Mail: Ghebrea@wsdot.gov.wa CONTACT PERSON: (This person must be available at all times that extended work is being performed) Tom Castor Phone: (206)-515-3727 Address (Street, City, State, Zip): Washington Ferries 290103rd Avenue Suite 500 Seattle WA. 98121 E-Mail: CASTOR@wsdot.wa.gov CONTRACTOR: Phone: Address (Street, City, State, Zip): E-Mail: DATES AND TIME OF EXTENDED WORKTIME REQUESTED: For 10 non-consecutive nights, Monday to Thursday nights Between April 1, 2022 and September 30, 2022. WA State Contractor License #/Exp. Date: City of Edmonds Business License #/Exp. Date: N/A DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES: WSDOT is planning paving and preservation of Edmonds Ferry Terminal. This project would repair existing failing pavement past tollbooth parking plaza by milling 0.15FT and repaving from back of tollbooth through crosswalk along with replacing all traffic loops and striping lanes with plastic markings. This project would resolve pavement and utility boxes near attendant’s booth and around bridge seat where potholes developed. The contractor would also clean out cracks and seal them with routing crack sealing where needed to preserve cracks. Updated: 08.24.20 ☐ 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: Akberet Ghebreghzabiher Signature: Date: 12/28/2022 The purpose of this handout is to assist the public in complying with the detailed permit submittal requirements. It is not a complete list of permit or code re 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? Proposed work will take place at the Edmonds Ferry Terminal. Work performed during daytime hours will result in significant delays for transportation, services, or other customer needs. 2. Public Safety – Does working outside of normally allowed significantly improve safety conditions for the traveling public and/or construction workers? Performing work at night will avoid ferry interruptions and it will minimize roadway hazards to workers and traveling public through the construction zone while minimizing traffic backups and delays. 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? Proposed work will take place at the Edmonds Ferry Terminal, on the west side of the railroad tracks. 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? PERMITTING & DEVELOPMENT B U IL D ING D I V I S I O N 121 5th Avenue N P: 425.771.0220 www.edmondswa.gov This handout outlines the level of effort and criteria required for granting administrative permission to allow private construction activities during nights and/or weekends under certain circumstances in accordance with Edmonds Community Code 5.30.110. REQUIREMENTS FOR WORK HOURS VARIANCE Updated: 08.24.20 Work performed during daytime hours will result in significant delays for transportation, services, or other customer needs. 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. Refer to attachment Table 1 – Construction Noise Mitigation for Nighttime Operations. Reasonable steps will be taken to reduce the impact of noise outside standard hours. 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 and is payable upon application. Refunds will not be available once a determination has been made, whether approval or denial. SUMMARY OF QUANTITIES DOT_RGG900 12/20/2021 ITEM NO SUB-TOTAL SECTION I-07.2(2)OFSTANDARDSPECS SUB-TOTAL SECTION I-07.2(1)OFSTANDARDSPECS UNITSTD.ITEMNO. TOTAL QUANTITY GROUP 1 GROUP 2 EDMONDS FERRY TERMINAL REIMBURSE FOR THIRD PARTYDAMAGE *** ITEM PREPARATION 1 L.S.MOBILIZATION L.S.0001LUMP SUM LUMP SUM 2 10.00REMOVING CEMENT CONC. CURB L.F.011010.00 10.00 3 320.00REMOVING PLASTIC CROSSWALK LINE S.F.0204320.00 320.00 GRADING 4 3.00PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y.03323.00 3.00 STORM SEWER 5 1.00CATCH BASIN TYPE 1 EACH30911.00 1.00 6 14.00PLAIN CONC. STORM SEWER PIPE 12 IN. DIAM. L.F.339414.00 14.00 HOT MIX ASPHALT 7 2,750.00CRACK SEALING - LF L.F.57032750.00 2750.00 8 3,980.00PLANING BITUMINOUS PAVEMENT S.Y.57113980.00 3980.00 9 1.00HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58-22TON 57391.00 1.00 10 1,250.00HMA CL. 1/2 IN. PG 58-22TON 57671250.00 1250.00 11 -1.00JOB MIX COMPLIANCE PRICE ADJUSTMENT DOL5830-1.00 -1.00 12 -1.00COMPACTION PRICE ADJUSTMENT DOL5835-1.00 -1.00 13 -1.00ASPHALT COST PRICE ADJUSTMENT DOL5837-1.00 -1.00 EROSION CONTROL AND ROADSIDE PLANTING 14 30.00ESC LEAD DAY 640330.00 30.00 15 L.S.EROSION CONTROL AND WATER POLLUTION PREVENTION L.S.6488LUMP SUM LUMP SUM TRAFFIC 16 10.00CEMENT CONC. TRAFFIC CURB L.F.670110.00 10.00 17 2,410.00PLASTIC LINE L.F.68072410.00 2410.00 18 260.00PLASTIC CROSSWALK LINE S.F.6857260.00 260.00 19 L.S.TRAFFIC SIGNAL SYSTEM TYPE 3 INDUCTION LOOPSL.S.6912LUMP SUM LUMP SUM 20 175.00PORTABLE CHANGEABLE MESSAGE SIGN HR 6993175.00 175.00 21 L.S.PROJECT TEMPORARY TRAFFIC CONTROL L.S.6971LUMP SUM LUMP SUM 22 L.S.TRAFFIC CONTROL SUPERVISOR L.S.6974LUMP SUM LUMP SUM OTHER ITEMS 23 5.00STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y.70065.00 5.00 24 4.00GRAVEL BACKFILL FOR PIPE ZONE BEDDING C.Y.70174.00 4.00 25 1.00ADJUST JUNCTION BOX EACH70431.00 1.00 26 2,500.00FORCE ACCOUNT POTHOLINGDOL77152500.00 2500.00 27 5.00 REIMBURSEMENT FOR THIRD PARTY DAMAGE DOL77255.00 5.00 28 L.S.SPCC PLAN L.S.7736LUMP SUM LUMP SUM 29 1.00CONNECTION TO DRAINAGE STRUCTURE EACH96051.00 1.00 GROUP LEGEND REVISIONDATE SR 104 EDMONDS FERRY TERMINAL PAVING PRESERVATION CONTRACT NO JOB NUMBER 000000 SHEET OF SHEETS SUMMARY OF QUANTITIES Washington State Department of Transportation FEDERAL AID PROJECT. NO. 3 13 BY 10 SQ1 WA 22X051/1 STATEREGION TAX SCHEDULE FUND PARTICIPANTSSR GROUP NUMBER CONTROL SECTION **STATE 1041 318000 **STATE 1042 318000 1 Table 1: Types of vehicles - anticipated noise levels – Mitigation measures planned to minimize the impact Item # Equipment Sound level (dBA) at 50’ Sound level (dBA) at 100’ Sound level (dBA) at 200’ Sound level (dBA) at 400’ Type of Construction work Mitigation measures 1 Asphalt Planning 79 76 73 70 For paving operations and striping operations Mobile operation. The sounds of this equipment would be perceived as peaks above the nighttime traffic noise. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number will be made available. 2 Concrete Saw 85 79 73 67 For Loop installation The sounds of this equipment would be perceived higher above the nighttime traffic noise. An after-hours noise complaint phone number will be available. 3 Sweepers 76 73 70 67 Supports general construction operations The sounds of this equipment would be perceived higher above the nighttime traffic noise. An after hour, noise complaint phone number will be available. 4 Dump truck 68 65 62 59 Supports general construction operations Mobile operation. Construction equipment sounds likely will be noticeable by residents during nighttime operations but dissipated as the equipment moves along completing the tasks. An after-hour noise complaint phone number will be available. 5 Pickup truck 68 65 62 59 Support various construction activities The sounds of this equipment would be perceived higher above the nighttime traffic noise. An after-hours noise complaint phone number will be available. 6 Stripe Grinder 82 79 76 73 Removing existing pavement marking Mobile operation. Construction equipment sounds likely will be noticeable by residents during nighttime operations but dissipated as the equipment moves along completing the tasks. An after-hour noise complaint phone number will be available. 7 Pavement striping machine 79 76 73 70 Placement of pavement markings This is a mobile operation. The sounds of this equipment would be perceived above the nighttime traffic noise. An after-hours noise complaint phone number will be available. 8 HMA Paving machine 80 77 74 71 Paving operations Slow moving mobile operation. The sounds of this equipment would be perceived above the nighttime traffic noise. An after-hour noise complaint phone number will be available . 9 Generators and light plants 64 58 52 46 Support various construction activities Avoid parking and idling vehicles next to residences. An after-hours noise complaint phone number will be available. 10 Compaction roller 77 74 71 68 Paving operations It is a mobile operation. The sounds of this equipment would be perceived above the nighttime traffic noise. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number will be made available.