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STAFF DECISION-STF2020-0007fhC. 18y" CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT NOISE VARIANCE STAFF DECISION Project: SR-104 Edmonds Ferry Terminal Pavement Repair Applicant: Kathy Cristobal, Granite Construction, Inc. Owner Contact: Thomas E. Castor, WA State DOT File Number: STF2020-0007 Associated Permit(s): NPDES, HPA Application ID 11304 Date of Decision: April 2, 2020 Reviewed By: Shane Hope, Development Services Director Leif Bjorback, Building Official Jeanie McConnell, Engineering Program Manager I. INTRODUCTION The applicant has applied for a temporary noise variance (Attachment 1) for work between April 6, 2020 and May 1, 2020 (a minimum of 20 working days) as part of the Ferry Terminal Pavement Repair project. The project consists of milling asphalt, asphalt paving, timber deck repair, sewer repair and striping on the Edmonds Ferry Terminal roadway for pavement repairs and maintenance. Work is proposed Monday -Thursday nights between 8:00pm to 5:00am and on Friday nights between 9:1 Opm to 5:00am. 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 the SR-104 Edmonds Ferry Terminal Pavement Repair 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. Project Owners: WA State Department of Transportation/WA State Ferries 4. Applicant: Kathy Cristobal, Granite Construction, Inc. 5. Location: Edmonds Ferry Terminal — 71 West Main Street Page 1 of 3 6. Activities, Equipment and Factors: Refer to Attachment 1 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? 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. C. PUBLIC SAFETY —Does working at night significantly improve safety conditions for the traveling public and/or construction workers? Performing work at night will limit ferry interruptions and it will minimize roadway hazards to workers and traveling public through the construction zone while also minimizing traffic backups and delays. 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, on the loading dock. 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? According to the WSDOT application, the Edmonds Ferry Terminal is the third largest transit provider in Washington. Work performed during daytime hours would result in significant delays for transportation, services, or other customer needs. F. NOISE REDUCTION MEASURES — Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? Refer to Attachment 1 — Construction Noise Mitigation. Quiet generators and quiet pumps will be utilized as needed. Noise will also be reduced by securing truck tailgates and using approved bed liners, as well as soft/quiet backup alarms. 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 8:OOpm — 5:OOam Monday through Thursday, and 9:1 Opm — 5:00am on Fridays. 2. The noise variance is granted for a minimum of 20 working days between April 6, 2020 and May 1, 2020. No work shall be performed on a federal holiday. The City shall be notified 24-hrs in advance of work start by calling 425-771-0220, ext. 1326. Page 2 of 3 3. 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 5d' Avenue North Edmonds, WA 98020 VI. ATTACHMENTS 1. Application File - STF2020-0007 Jim Lawless, Acting Police Chief Jeff Whatmore, Engineering Technician DS Admin WSDOT/WSF Thomas E. Castor castor@wsdot.wa.gov 2901 31d Ave, Suite 500 Seattle, WA 98121 Page 3 of 3 Ol . IA)AIr� :y v I. DEVELOPMENT SERVICES `' f. WORK HOURS VARIANCE REQUEST FORM 121 5ch Avenue N, Edmonds, WA 98020 CS `� Phone 425.771.0220 9 Fax 425.771.0221 PROJECT NAME: SR 104 Edmonds Ferry Terminal PERMIT(S) #: Pavement Repair PROJECT ADDRESS: 71 Main Street Edmonds WA 98020 APPLICANT: Kathy Cristobal Phone: Office: 425-551-3169 Cell: 425-328-7061 Address (Street, City, State, Zip): E-Mail: kathy.cristobal@gcinc.com 1525 E Marine View Dr., Everett, WA 98201 PROPERTY OWNER: Washington State Department of Phone:Office: 206-515-3727 Transportation (WSDOT/WSF) Address (Street, City, state, zip):Washington Ferries 2901 3rd Ave E-Mail: castor@wsdot.wa.gov Suite 500 Seattle, WA 98121 CONTACT PERSON: (This person must be available at all times that extended work is being performed) Thomas E. Castor Phone: Office: 206-515-3727 Address (Street, City, State, zip):Washington Ferries 2901 3rd Ave E-Mail: castor@wsdot.wa.gov Suite 500 Seattle, WA 98121 CONTRACTOR: Granite Construction Phone: Office: 425-551-3169 Cell: 425-328-7061 Address (Street, City, State, Zip): E-Mail: kathy.cristobal@gcinc.com 1525 E Marine View Dr., Everett, WA 98201 DATES AND TIME OF EXTENDED WORKTIME REQUESTED: April 6, 2020 - May 1, 2020 (Min. 20 working days) WA State Contractor License #/Exp. Date: GRANICC916DL / 10-08-2020 Hours between 8:00 PM to 5:00 AM MON-THURS City of Edmonds Business License #/Exp. Date: Hours between 9:10 PM to 5:OOAM FRI DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES: Work consists of milling asphalt asphalt paving timber deck repair, sewer repair and striping on the Edmonds Ferry Terminal roadway for pavement repairs and maintenance. ❑ 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: Kathy Cristobal Signature: Date: 3l 1� FORM B V:\DESKTOP\Work Hours Variance Form B 2017.docx Updated: 09/25/2017 ATTACHMENT REQUIREMENTS FOR WORK HOURS VARIANCE PERMITTING & DEVELOPMENT BUILDING DIVISION 121 5th Avenue N P• n?s 77i rn-)n www.edi-nondsNa 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 maybe 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 20.01.0033, 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 Project Name: Edmonds Ferry Terminal Pavement Repair WSDOT Contract No. 9522 Project Location: 71 Main Street Edmonds, WA 98020 Project Duration: Start Date: April 6, 2020 End Date: May 1, 2020 Duration: 20 working days with only 10 days of active work Requesting extended work time for the following days: GRMITE" Hours between 8:00 PM to 5:00 AM Monday through Thursday Hours between 9:10 PM to 5:00 AM Friday Work hours will be based upon the Edmonds Ferry Terminal Operation hours, where nighttime work varies between the requested work time extension. Contractor Contact Information: Contact Phone # Kathv Cristobal. Granite Project Engineer Prima 425-328-7061 Quinn Golden. Granite Senior Manager Seconds 425-328-7257 Rod Maiors. Granite General Sunerintendent 425-508-2988 Work Scopes: Work will consist of pavement repair, deck repair and utility maintenance at the Edmonds Ferry Terminal roadway. Heavy equipment and machinery will be utilized for the completion of this work. Work Activity E ui ment Description Asphalt Removal Milling equipment, Work will consist of removing existing asphalt on Saw cutting/ Jack backhoe, compressor, the roadway section. hammer generator, etc. Hauling/Dumping 4 CY Dump Trucks Work will consist of hauling material out of the Material work zone and delivering material/equipment. Asphalt Paving Rollers, CAT Paver, Paving back roadway with HMA. Backhoe, etc. Striping Striping Truck Striping paint on new roadway surface. Timber Deck Repair Hand tools, compressor, Work consists of installing lag screws into timber generator, etc. deck and repairing damages as directed by WSDOT. Sewer Repair Vactor Truck, Backhoe, Removing existing soils to expose sewer pipes Compressor, etc. and repair damages as directed by WSDOT. 1 Project Name: Edmonds Ferry Terminal Pavement Repair W SDOT Contract No. 9522 GpAnITE'" Project Location: 71 Main Street Edmonds, WA 98020 Public Convenience: ECC 5.30.110, daytime exempt hours for temporary construction sites are between the hours of 7:00 AM to 6:00 PM on weekdays. This time frame occurs during operation hours of the ferry terminal and peak traveling hours, where the ferry terminal becomes congested with vehicle traffic. To maintain ferry traffic during the daytime exempt hours, all work operations will have to stop to remove equipment, employees, and material out of the travelled way. This results in delays to work activities performed, where slower productions will extend work operations that will cause the travelling public to be exposed to longer durations of active construction. By working the requested nighttime hours, with lighter volumes of traffic at the ferry terminal, construction operations can be performed more efficiently, which reduces the duration of construction activity and less of the public will be exposed to active construction. Since the work zones will be capturing one lane approach to the terminal slip and a portion of the loading dock, the travelling public may experience slower than usual load and unload times. Overcrowding of the loading dock may occur, where vehicle traffic will have to wait and park outside of the terminal loading dock. For the convenience of the travelling public and the project, the requested nighttime hours are for the periods of time where the ferry terminal is either closed or when light volumes of vehicle traffic are expected. This will result in the reduction of impacts to construction operations, which will also reduce the overall duration of the work. It will also alleviate the delays to the travelling public that could be experienced during the daytime exempt hours of 7:00 AM to 6:00 PM. Public Safety: Due to the proximity of the lane closure to live traffic as shown in Figure 1, construction employees working in the closure will be confined to the work zone with minimal escape routes as vehicle traffic load and unload the ferry in the adjacent lane. Although traffic cones will be used to delineate the lanes, there is no barrier to prevent vehicles from entering the work zone, therefore, it creates a safety hazard for construction employees working in the lane closure. To mitigate this hazard, the requested nighttime hours at the facility experience lighter volumes of vehicle traffic and construction employees can work safely without having to worry about excessive vehicle traffic. While vehicles wait for the ferry at the loading dock (Lanes 1, 2 and 3 in Figure 1), and no vehicle traffic is in the travelled way, all work activities will be in full operation. The public waiting for the ferry in their vehicles will be exposed to an adjacent active construction work zone with heavy equipment congestion. This will result in public exposures to loud construction noise, debris/dust build up on parked vehicle surfaces next to the work zone, and vehicle overcrowding on the loading dock. This can be alleviated by working the requested nighttime hours such that work operations consisting of milling and/or excavating can be performed during times the terminal facility is closed and no public vehicles will be in the roadway. In consideration of maintaining ferry traffic during the requested nighttime hours, safety hazards to the travelling public will be mitigated. Due to lighter volumes of ferry traffic during the requested nighttime hours, the work zones can be expanded to create greater separation between the work activities and the public. Construction employees will also have a safer work environment without having to worry about vehicle traffic in the adjacent lane. 2 Project Name: Edmonds Ferry Terminal Pavement Repair GFUMITE M WSDOT Contract No. 9522 Project Location: 71 Main Street Edmonds, WA 98020 Public Exposure: The work area is located along the Edmonds Ferry Terminal arterial street/loading dock. During nighttime hours of ferry operation, the work zones will be set up per the traffic control plans as shown in Figure 1. All efforts will be maintained to accommodate for vehicle traffic during the nighttime hours. Light towers and illumination devices will be utilized to ensure all work zones are properly illuminated and work crews will wear high-vis vests and pants during nighttime operations. During nighttime hours of ferry operation, the facility experiences lighter vehicle volumes on the roadway, where arriving and departing ferries are typically not full. This reduces the number of vehicles impacted by construction operations. After the terminal facility closes for the evening, the arterial street/loading dock will be closed off to traffic. Equipment used to perform work scopes will utilize the extra space without the constraints of ferry traffic. Towards the end of the shift, all housekeeping efforts will be established to ensure the travelled way for morning travel is clean and all obstructions removed. All materials and equipment will be removed or stored at the provided staging site on the Edmonds Ferry Terminal Facility. Public Cost: The Edmonds Ferry Terminal is the third largest transit provider in Washington. Between traffic transported from Edmonds to Kingston or Kingston to Edmonds, the terminal experiences high volumes of vehicle traffic during the provided restricted hours of 7:00 AM to 6:00 PM. By utilizing the requested nighttime hours, it will save the public delays in their travels and potential exposure to an active construction work zone. This will result in significant time savings, as there will be no construction during peak hours of travel to obstruct or conflict with vehicle traffic at the terminal or the arrival and departure of ferries or vessels from Edmonds Ferry Terminal. Noise Mitigation: Efforts to minimize and reduce noise impacts are as follows: 1. Nighttime work will begin 8:00 PM to 5:00 AM Monday -Thursday and 9:10 AM to 5:00 AM Friday beginning April 6,2020 to May 1, 2020. 2. Quiet generators and quiet pumps will be utilized as needed for operations requiring such equipment. 3. Noise will be reduced by securing truck tailgates to prevent excessive noise from banging. Truck beds will use inspected and approved bed liners. 4. Backing alarms will use soft/quiet alarms to reduce noise. 5. Noise exemptions will always be kept on the project site. Project Name: Edmonds Ferry Terminal Pavement Repair WSDOT Contract No. 9522 Project Location: 71 Main Street Edmonds, WA 98020 \2V / ROAD WORK TERMINAL SUPERVISOR AND CREW BUILOIN6 AHEAD / CONSTRUCTION CREN r1- Ur —11 349E W tt ZONE OFFSHORE ME IF PASSENGER BUILDIMC 6b RUEREMCE FOR LOC%TIN; SErER 11EANDUT c GRMITE" 6" SCWER CLEANOUI F x OPENING 1 / o uw------- --__-_ -f AhlrjP-vvanm fnnF- LOA�i� • a a ,.I "!Uf1lGad TiC`i. VelEd 'dG . \ CONSTRUCTION ta11ES• TERMINAL 01]LD!NG TYP. OVERHEAD LOADING FACILITY /y \ 24' NOICKTUL\3 1 USE ERTME CUMOII = WORK AREA Q TR6FFI. CONE Figure 1: Work Area Locations ROAD \\ WORK AHEAD/ 4r W20-1 4