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APPROVED STF2022-0005 Noise Variance Staff Decision - Reissued 9.7.2023Project: Applicant: File Number CITY OF EDMONDS 121 5t" 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 PUD Remove 3 Poles & Install Primary Circuit Loop for Waterfront Snohomish County PUD STF2022-0005 Associated Permit(s): ENG2020-0460 & -0461 — Right -of -Way Construction Permits Date of Decision: Re -Issue Date: June 16, 2022 September 7, 2023 Reviewed By: Leif Bjorback, Building Official Jeanie McConnell, Engineering Program Manager I. INTRODUCTION The applicant initially applied for a noise variance for a project consisting of approximately 30 consecutive working days, 15 of which were to include after hours work, to conduct construction activities on Sunset Avenue and Main Street. On August 24, 2023, the applicant requested an additional 5 days to complete asphalt and concrete restoration for this project. The work proposed at this location has been approved under two separate right-of-way construction permits, ENG2020-0460 and -0461, but the applicant has requested that portions of the work be approved during the hours 10:00 pm — 7:00 am, 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 to install underground electrical conduits and remove three power poles on the Edmonds waterfront. 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: Snohomish County PUD 4. Applicant: Richard Dumo, Snohomish County PUD 5. Location: Sunset Avenue N and Main Street Pagel of 3 6. Application and Site Plan: Refer to Attachment 1 7. Explanation and Area Maw Refer to Attachment 2 B. PUBLIC CONVENIENCE —Will the work result insignificant 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? Significant delays will be experienced for both restaurant customers and ferry traffic if work is done solely during daytime hours. Conducting night work will result in minimal impact to restaurants and its customers. Affected businesses include Kahlo's Mexican Cantina Restaurant (102 Main Street) and Demetris Restaurant (101 Main Street). Residences that will be impacted by power outages include the condominiums on the west side of Sunset Avenue between Main Street and Bell Street (111, 121, 123, and 125 Sunset Ave). C. PUBLIC SAFETY — Does working at night significantly improve safety conditions for the traveling public and/or construction workers? Snohomish County PUD will be working on SR-524 for this project. There is significant ferry traffic at this location during the day. Night work will significantly limit disruption to ferry traffic and will greatly increase safety for both the public and construction workers involved in the project. 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? The project involves boring underground utilities on SR-524 in the ferry lanes, which a busy ingress and egress location. Day work for this project would create disruption to the flow of traffic at ferry lanes. Night work will limit impacts to ferry traffic and the public will have less exposure to the work area if construction is done outside of regular working hours. 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? Night work will limit power outages for adjacent businesses. There is no cost savings for the PUD. All additional costs from working at night will be shouldered by the district. F. NOISE REDUCTION MEASURES —Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? The project will be done in phases to include both day and night work, which will help minimize noise during night work (see Attachment 2 for description of work phases). Crews will exercise all efforts to reduce the noise during construction at night. Equipment that is not in use will be turned off to reduce noise and conserve energy. 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: The noise variance is limited to the hours of 10 PM — 7 AM. Page 2 of 3 2. The noise variance is granted for work on 5 additional nights beyond the initial 30-day project timeframe. The noise variance is granted for work on a Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and/or Sunday nights, except no work shall be performed on a federal holiday. The City shall be notified 24-hrs in advance of work start. 3. Construction activity and associated traffic control shall be performed consistent with separately approved City of Edmonds right-of-way construction permits, as well as any WSDOT or BNSF approvals. Work performed within the City right-of-way is subject to inspections required under separate 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. 5. Public Notification is required. Applicant shall notify owners of property, including businesses, directly impacted by the increased noise levels and power outages. Notice shall be to the individual properties through mailers or door hangers. The use of sandwich boards does not satisfy this requirement. 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 VI. ATTACHMENTS 1. Application and Site Plan 2. Explanation and Area Map 3. Extension Request File: STT2022-0005 Kraig Strum, Police Department Susan McLaughlin, DS Director Robert English, City Engineer Oscar Antillon, Public Works Director Natalie Griggs, Engineering Royce Napolotino, PW Admin DS Admin Snohomish County PUD 1802 75t' St SW Everett, WA 98206 Page 3 of 3 DEVELOPMENT SERVICES WORK HOURS VARIANCE REQUEST FORM 121 5t" Avenue N, Edmonds, WA 98020 Phone 425.771.0220 4i Fax 425.771.0221 c. 1 ATTACHMENT1 PROJECT NAME: OTHER PERMIT(S) ISSUED FOR PROPOSED PUD - Remove (3) poles, install primary circuit loop for waterfront. WORK #: 100061120 & 100061588 PROJECT ADDRESS: Main St, & Sunset Ave to Bell St., Edmonds WA 98020 Permit #: ENG2020 - 0461 & 0460 APPLICANT: Phone: Snohomish County PUD Richard Dumo - 425-783-5110 Address (Street, City, State, Zip): E-Mail: 1802 75th St SW, Everett WA 98206 rsdumo@snopud.com PROPERTYOWNER: Phone: Edmonds Right -of -Way not applicable Address (Street, City, State, Zip): E-Mail: Main St, & Sunset Ave to Bell St., Edmonds WA 98020 not applicable CONTACT PERSON: (This person must be available at all times that Phone: Brandon Simonds extended work is being performed) (206) 786-5273 Brandon Simonds - Trenchless PM (No PUD Foreman yet) Address (Street, City, State, Zip): E-Mail: Brandon Simonds 1802 75th St SW, Everett WA 98206 - PUD bs@trenchlessconstruction.com CONTRACTOR: Phone: Trenchless Construction by SNOPUD see above Address (Street, City, State, Zip): E-Mail: 1802 75th St. SW, Everett WA 98206 - PUD see above DATES AND TIME OF EXTENDED WORKTIME REQUESTED: WA State Contractor License #/Exp. Date: Request Noise Variance to work at night starting 10pm to 7am. n/a - PUD not a contractor Date of Construction - to be scheduled with affected businesses City of Edmonds Business License #/Exp. Date: towards the end of May and before permit expires on 8/5/2022. n/a DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES: Snopud is contracting Trenchless construction to bore and install conduits for the electrical circuit loop for Edmonds waterfront. Request to work at night to reduce disruption to businesses near the intersection of Main St. & Sunset Ave. & Railroad St. (Kahlo's, Coffee Roaster, Demetri's). Other locations of the bore work (Bell St. & Sunset Ave.) can be done during daytime. Snopud also asks the same Noise Variance during electrical construction. LN 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: Richard Dumo Plh,-ai Paxo Signature: Date: Updated 8.24.20 NOTES UTILITY LOCATIONS ARE BASED FROM LOCATES AND ATTACHMENT 1 z W SURVEYS PROVIDED BY CITY OF EDMONDS W -- j Y z Q o ONEWRAI NINO tom` „206-M" W 3 0 0 0 0 107-M" 0 0 0 0 0 aa: I'r `w\N BELL ST. 0 0 0 0 BELL ST. g,I ;W } 0 :I WGO o - - ly Il J o EOOE OF E%ISTINC --- -- PROP LINE WNL 1 PRIVATE ROW '- G ______ ----I G STONE RETAINING PLO vN1LT ura TR 0' LE EE I PROPERTY A-JJO] O I I u I Q ° ° NE SIDE\7'/ALK \(n'�---------------- NEW PaE; p — _ _ _ r. r—......r.....s—.....�. ... ...........�............t ' Loc. � a PaLE � , I—�..........................................—..........—n...........T.....T.....T.....r........ — —....- ——.....T...... r.....r..... ........a......�- PLANTER�___J.�PLANTE. R. rLANTER.--- .. Y .. - I6'�O m SDr, c� F�ARKING LAN PARKING LANE i' - ' 305'PROPOSED BORE ROUTE EOOE TRAVEL LANE NE I \ EXISTING n 1^F CONELIITO� �l ---\-5---------------5---------------5---------------5---------------5---------------5----- -------S-------- ■"� BELL ST. IiI i I �I I QD III o I I MINIMUM CLEARANCE FROM CITY UTILITIES: (STORMDRAIN, WATER, SEWER) HORIZONTAL = AT LEAST 5 FEET VERTICAL AT LEAST 12" DISTANCE FROM OTHER APPURTENANCES = 101 MIN. DISTRICT CONDUIT CLEARANCE FROM OTHER UTILITIES VERT SEP (CROSSING) HORIZ SEPARATION TYPE OF UTILITY LINE ELECT PRIM ELECT SEC MAIN ELECT SEC SERV (300V MAX) ELECT PRIM ELECT SEC MAIN ELECT SEC SERV (300V MAX) COMMUNICATION 611 611 611 Oil 011 011 COMMUNICATION SERVICE 311 311 311 011 011 011 HIGH PRESSURE GAS 1211 1211 1211 >=3611 >=3611 >=36'1 LOW PRESSURE GAS 611 611 611 1211 1211 1211 GAS SERVICE 611 611 611 1211 1211 12" LIGHTING & ELECTRIC SUPPLYT 6'I 611 611 OII 01' 011 PRIV, PROPE LIN ;NEW POLE; LOC. OLD POLE; I I I I I I I I I I I I I I �- -_ - 16 Q . — — — — — — -CURB 10' EDGE OF TRAVEL LANE LEGEND: ------- G------- - EXISTING GAS ------- W------- - EXISTING WATER -------- sD---------- - EXISTING STORMDRAIN ------- 5------- - EXISTING SEWER — — — — — - - PROPOSED BORE ROUTE - - - - - - - - - - - - - EXISTING POWER IN CONDUIT • - EXPECTED POTHOLE LOCATIONS WHERE OTHER UTILITIES INTERSECT W/ BORE ROUTE 0 F-1 - Bore pits ADDITIONAL 4"BORE (420')TO BE PERMITTED (PHASE 2) A-29045 NEW VAULT PROPERTY LINE EXISTING EXISTING -7 SIDEWALK - - - --------- --- -------------- ------ ----------------- ---------------------------------------------------------------------------- --- -------------------- DRIVEWAY DRIVEWAY lop __-------_--------_ ------���-____—_'�-____—_'_—____'�,—_____'�,__—___'�,__—_—_'�-____—_'�-____—_'�,—_____'�,—_—__ -- -------------------------------------------- PLANTER ---o--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s--------------- s------------- � |� 5'uAPLE TREE ~,NE*��~~ CURB STONE RETAINING WALL 0 0 I I CURB MAIN ST. A-53758 \ II PROP LINE \ \ it STREET LIGHT PLI 368 \ ;II EXISTING PLI157897 SIDEWALK ��\� TO BE REMOVED WM o LP ------------ = — — = — — = — = — — — — — — — — ---- - --- ------s---------------5-•-------------TREE TO BE I I I I 5---- - REMOVED I / I MAIN ST.Lu \ s Q o------ W--7------i-----W------W__---W---- z PROP 2( -'S I I CONDUIT BOO � RE PLI 369 _ CURB EXISTING ,-' J-VAULT / 1 / _ A-29045 \ I I 4 I / I TIE-IN TO EXISTING VAULT TO i�E' / / I COMPLETED UNDER SEPARA • h / PHASE 3 OF PROJECT AFTER-J APPROVAL OF COE SHORELINE J / / PERMIT (SEE ATTACHED \ i l) /,, : / it I � I / Q II / �o / m I � I J I / I It NEW 3PH TRANSFORMER A-53757 ATTACHMENT LEGEND: ------ T------- - EXISTING TELICOMM ------ G------- - EXISTING GAS ------- W------- - EXISTING WATER ------ SD ---------- - EXISTING STORMDRAIN ------- S------- - EXISTING SEWER — — — — — — - PROPOSED BORE ROUTE - EXISTING POWER IN CONDUIT - POTHOLE LOCATIONS MINIMUM CLEARANCE FROM UTILITIES: (REFER TO TABLE FOR OTHER UTILITY) HORIZONTAL - AT LEAST 5 FEET VERTICAL = AT LEAST 12" DISTANCE FROM OTHER APPURTENANCES = 10' MIN. DISTRICT CONDUIT CLEARANCE FROM OTHER UTILITIES VERT SEP (CROSSING) HORIZ SEPARATION TYPE OF UTILITY LINE ELECT PRIM ELECT SEC MAIN ELECT SEC SERV (300V MAX) ELECT PRIM ELECT SEC MAIN ELECT SEC SERV (300V MAX) COMMUNICATION 6" 6" 6" 0" 0" 0" COMMUNICATION SERVICE 3'' 31' 3 0 ll 01 OII HIGH PRESSURE GAS 12 12" 2' >= >=36' >=36" LOW PRESSURE GAS 6" 6" 6" 12" 12" 12" GAS SERVICE 6" 6" 6" 12" 12" 12" LIGHTING & ELECTRIC SUPPLY 6" 6" 6" 0" 0" 0" ATTACHMENT 2 0` ° yo CITY OF EDMONDS CIVIL PLAN REVIEW COMMENTS ENGINEERING DIVISION Est 1 (425) 771-0220 City Website: www.edmondswa.gov DATE: May 17, 2022 TO: Snohomish County PUD Richard Dumo rsdumo@,snopud.com FROM: Jeanie McConnell, Engineering Program Manager jeanie.mcconnell@edmondswa.gov RE: Application #: STF2022-0005 Project: PUD Noise Variance Project Address: 102 Main Street (New updated notes are in green to make further clarification) During review of the above noted application, it was found that the following information, corrections, or clarifications are needed. Please submit revised plans/documents with a written response to each of the items below through MyBuildingPermit.com. 1. The noise variance application indicates two potential phases of work. Please elaborate on work to be performed under each phase, which aspects of the work will be completed during daytime hours and which aspects are proposed between the hours of IOpm-lam. In addition, indicate a duration for each phase. Will each phase consist of one nights work? Ans: Phase 1 Phase 2 Notes: Work to be (1) Replace BO pole. (2) (1) Bore from Main St. & See permits performed Bore from corner of Bell Sunset Ave to the new ENG2020-0460 St. & 2nd Ave to Bell St. transformer location on the (Phase 1) & 0461 & Sunset Ave to Main St. west side of Kahlo's (Phase 2) for And Sunset Ave. (3) Pull restaurant. (2) Install vaults approved drawing in and install3ph cables. and transformer and pull in plans. 3ph cables. (3) Remove overhead wires between 3 poles which are eventually will be removed. Work to be Bore work and Electrical Prepare ground for any night Phase 2 work area is done during work. work. very busy during daytime daytime. Work to be Possibly bore work but Bore work and Electrical Less Restaurant, done during daytime bore is preferred. work. Ferry, bus and ped 10 m — 7am activityat night Duration Civil work = 5 days. Civil work = 10 days. *Civil work = bore Electrical = 5 days Electrical = 10 days & vault installation 2. The rationale provided with the application is not very detailed and does not adequately address the criteria by which a noise variance could be considered. Please provide thorough responses to each criterion and reference specific work, equipment, and noise levels where applicable. ATTACHMENT 2 Ans: ✓ 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?) ✓ Businesses that will be affected: ■ Kahlo's Mexican Cantina Restaurant Address: 102 Main St., Edmonds WA 98020 Owner: George Sharawy ■ Demetris Restaurant and Waterfront Coffee Roaster Address: 101 Main St., Edmonds WA 98020 Owner: Pedro Germano ✓ Residences that will be affected: ■ Condos on the west side of Sunset Ave between Main St. & Bell St. (i.e., 111, 121, 123, 125) will experience power outages. ✓ Public Safety: (Does working outside of normally allowed times significantly improve safety conditions for the traveling public and/or construction workers?) ✓ There will be a lot less people in the area at night => will increase safety conditions for the construction workers and the public. ✓ PUD will be working at SR-524 and there is significant traffic on this location during the day that will be affected during the day. ✓ 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?) ✓ The work is on a very busy Ferry traffic ingress and egress location. Having the work at night will allow a less stressful working environment. ✓ The public will have less exposure to the work area if construction is done outside of regular working hours. ✓ 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?) ✓ There is no cost savings for the PUD. All additional costs from working at night will be shouldered by the district. The Public will be saved from traffic hassles. ✓ 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.) ✓ Crew will exercise all efforts to reduce the noise and work safely during construction. Equipment that are not in use will be turned off to reduce noise and conserve energy. ✓ Bore and excavation work normally done during the day will be done at night to minimize negative effects on businesses. ✓ The Vac Trucks will generate about 90 decibels and will not exceed the 110-150 decibels that the BNSF train produces. 3. Provide a plan indicating how notification to impacted neighbors will be addressed. Clearly identify which properties will receive noise at a decibel above that allowed without a variance. Ans: ✓ Sandwich boards with the dates of construction will be placed within 300 feet of the general vicinity two days before the construction. ✓ In addition to the sandwich boards, those affected with the power outage will be notified at least 48 hours by door hangers and/or notifying the proper HOA with outage memo. ✓ The City of Edmonds will be notified of the confirmed start date. ATTACHMENT 2 Map of Construction area showing surrounding properties that will receive noise: Bore Route --- -e 3 yours marking Demetris `9 Woodstone Taverna Family -friendly • SS ® 14v Kahlo's Can Mexican I / Jg%s Rory's of Edmonds Gnll • SS 19 a� ryC Ferry terminal holding lanes / av ryC Cho gle Charcoal eeii4 19 United States Postal Service © Peoples Bank 4. The traffic control plans approved with ROW permits ENG2020-0460 and 0461 need to be revised to include appropriate signage/lighting for nighttime work. Ans: ✓ Please see prior submitted Traffic Control Plan for nighttime work. Thank you. ATTACHMENT 3 Griggs, Natalie From: Dumo, Richard <RSDumo@SNOPUD.com> Sent: Thursday, August 24, 2023 12:51 PM To: Griggs, Natalie; Whatmore, Jeff Cc: Evan Benjamin; Parrish, Clayton; Burke, Erin; Velasco, Trevor; Christie, Sharon Subject: Follow-up from Site the Meeting (8/24/23) - Answer Follow Up Flag: Follow up Flag Status: Flagged Hi Natalie, Jeff, Thank you for the link for the driveway approach spec sheet. Do you have an ETA for when your contractors will be out there? - The contractor (Don) estimates that they can start work as soon as 1" or 2nd week of September provided they have the following: ✓ Approval from the PUD ✓ Edmonds permit (including Noise Variance permit) - I estimate that we need a couple of weeks from now to have everything approved and ready to go for the contractor. how many hours/nights of night work do you anticipate? - We would like to have an option to work 5 nights if that is possible. - Also, if the weather cooperates, a total of 3 weeks should be enough to complete all of the restoration. So from our meeting this morning with Jeff, PUD will not do restoration work on the following: 1. No ADA ramp at Main St. & Sunset Ave. 2. No sidewalk work infront of Dimitri restaurant. 3. Patched pothole at Sunset Ave & Bell St. is good — No work needed. 4. (2) Patched pothole at Main St. & Railroad St. is good — no work needed. Note: I will be back on PTO on 9/11/2023. In the meantime, Trevor Velasco (my Lead) will cover for me. Please direct your questions and emails in order to have this project moving forward. Evan — please go ahead and send the updated estimate to Trevor (cc me please) and forward the link from the city to Don for the driveway approach specs. https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server 16494932/File/Standard%20Details/Transportation/TR-543.pdf Thank you all! Richard Dumo Distribution Engineering Services 1802 751h St. SW, Everett, WA 98206 Office: 425-783-5110 From: Griggs, Natalie <Natalie.Griggs@edmondswa.gov> Sent: Thursday, August 24, 2023 11:54 AM To: Dumo, Richard <RSDumo@SNOPUD.com> ATTACHMENT 3 Cc: Whatmore, Jeff <Jeff.Whatmore@edmondswa.gov> Subject: [External Sender] Follow-up from Site Meeting 8/24/23 CAUTION: THIS EMAIL IS FROM AN EXTERNAL SENDER. Do not click on links or open attachments if the sender is unknown or the email is suspect. Hi Richard, In regards to the expiration date of the permits, the City should be able to extend the expiration dates for the Phase 1 and 2 permits. Do you have an ETA for when your contractors will be out there? Also, how many hours/nights of night work do you anticipate? I will need to check with my manager if we can add this to your existing noise variance permit or if PUD would need to apply for a new one. Here's the standard detail for driveway approach: https://cdnsmS-hosted.civiclive.com/UserFiles/Servers/Server 16494932/File/Standard%20Details/Transportation/TR- 543. pdf Thanks! Natalie Natalie Griggs (she/her) Engineering Technician City of Edmonds 121 5th Avenue N Edmonds WA 98020 natal ie.griggs@edmondswa.gov 425.771.0220 ext 1353 APlease consider the environment before printing this e-mail. Please visit www.edmondswa.gov for up-to-date information on City services. For engineering permit inquiries, please email: engineeringpermits(a�_edmondswa.gov For all other inquiries please email: devserv.admin(c-)edmondswa.gov. Web Map: www.maps.edmondswa.gov