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2016-01-28 Hearing Examiner AgendaAgenda Edmonds Hearing Examiner . ,HyCOUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JANUARY 28, 2016, 3:00 PM CALL TO ORDER PUBLIC HEARING 1. The City of Edmonds Department of Public Works is requesting a five (5) night temporary noise variance for a sewer rehabilitation project in Highway 99 between 216th and 220th Streets SW. This work will include a trenchless solution (cured in place pipe), installation of several new sewer cleanouts, and some paving and sidewalk reconstruction. ADJOURNMENT Edmonds Hearing Examiner Agenda January 28, 2016 Page 1 of FoM 2.1 Q-d Hearing Examiner Meeting: 01/28/16 03:00 PM 121 5th Ave. N. Department: Development Services Edmonds, WA 98020 Category: Public Hearing Prepared By: Diane Cunningham ��c 1890 REVIEWED Initiator: Diane Cunningham Sponsors: PUBLIC HEARING (ID # 1053) DOC ID: 1053 The City of Edmonds Department of Public Works is requesting a five (5) night temporary noise variance for a sewer rehabilitation project in Highway 99 between 216th and 220th Streets SW. This work will include a trenchless solution (cured in place pipe), installation of several new sewer cleanouts, and some paving and sidewalk reconstruction. While the planned work could occur during the day (and therefore not require a variance), lane closures on Highway 99 will be required. Public Works would like to avoid impacts to traffic during the day in this highly travelled commercial area. Performing the work during the day would also take longer (from 7 to 10 days) since travel lanes would only be closed during non - peak day periods (between 9am and 4pm). Approval of the variance would allow the City to conduct the planned construction activities between the hours of 10:00 P.M. and 7:00 A.M. for five (5) nonconsecutive nights between March 1 and December 31, 2016. It would also allow exceedances of the regularly allowed nighttime decibel levels for potential receiving properties. (File # PLN20150063) File Number PLN20150063 Staff Contact Mike Clugston, AICP 425-771-0220 michael.cluizstonn.edmondswa.izov<mailto:michael.cluizstonaedmondswa.Lyov> Staff Recommendation Staff recommends that the Hearing Examiner approve the noise variance with conditions. Exhibit 1 is the staff report to the Hearing Examiner with attachments. Decision Process Type III-B decision where the Hearing Examiner conducts a public hearing and makes the final decision Updated: 3/16/2016 12:36 PM by Diane Cunningham Page 1 Packet Pg. 2 2.1.a 12 C . l 8 "3 1, CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: City of Edmonds Public Works Noise Variance (CIPP Sewer) File Number: PLN20150063 Date of Report: January , 2 6 From:r� Mike Clugston, AICP Associate Planner Public Hearing: January 28, 2016 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 5th Avenue North, Edmonds WA 98020 I. SUMMARY OF PROPOSAL The City of Edmonds Department of Public Works is requesting a five (5) night temporary noise variance for a sanitary sewer maintenance project in Highway 99 between 216th and 220th Streets SW (Attachments 1— 3). While the planned work could occur during the day (and therefore not require a variance), lane closures on Highway 99 would be required. Public Works would like to avoid impacts to traffic during the day in this highly travelled area. Performing the work during the day would also take longer (approximately seven to ten days) since travel lanes would only be closed during non -peak day periods (between 9am and 4pm). Approval of the variance would allow the City to conduct the planned construction activities between the hours of 10:00 P.M. and 7:00 A.M. for five (5) nonconsecutive nights between March 1 and December 31, 2016. It would also allow exceedances of the regularly allowed nighttime decibel levels for potential receiving properties. II. GENERAL INFORMATION 1. Request: A variance to allow construction noises later than the hours provided for in Edmonds City Code (ECC) Section 5.30.110.A and at higher decibel levels than allowed Sections 5.30.040 and 5.30.050. 2. Review process: Variance — a Type III-B decision where the Hearing Examiner conducts a public hearing and makes the final decision 3. Compliance required with: Page I of 5 Packet Pg. 3 2.1.a City of Edmonds Public Works Noise Variance (CIPP Sewer) File#: PLN20150063 VA a. Edmonds City Code (ECC) Chapter 5.30 (Noise Abatement and Control) b. Edmonds Community Development Code (ECDC) Chapter 20.02 (Development Project Permit Applications) c. ECDC Chapter 20.03 (Public Notice Requirements) d. ECDC Chapter 20.06 (Open Record Public Hearings) e. ECDC Chapter 20.85 (Variances) ENVIRONMENTAL REVIEW Variances granted based on special circumstances are exempt from SEPA review [ECDC 20.15A.080 and WAC 197-11-800(6)(b)]. CODE ANALYSIS 1. ECC 5.30 (Noise Abatement and Control) a. Section 5.30.110.A.3 ECC states that "sounds created by the installation or repair of essential utility services or public road projects" are exempt from the requirements of the noise ordinance for work occurring between 7 am and 10 pm (Attachment 4). b. Section 5.30.040 ECC lists the maximum permissible sound levels for various generating and receiving districts. District of District of Receiving Property Sound Source Residential Business Commercial Residential 55 dB(A) 57 60 Business 57 60 65 Commercial 60 65 70 c. Section 5.30.050 ECC provides for an increase or reduction of the maximum permissible levels depending on the time of day. A. Between the hours of 10:00 p.m. and 7:00 a.m. the noise levels shall be reduced by 10 dB(A) for receiving property within residential districts, except for noise from electrical substations and existing stationary equipment used in conveyance of water by a utility. B. At any hour of the day or night, the applicable noise levels may be exceeded for any receiving property by no more than: 1. 5 dB(A) for a total of 15 minutes in any one hour period, or Page 2 of 5 Packet Pg. 4 2.1.a City of Edmonds Public Works Noise Variance (CIPP Sewer) File#: PLN20150063 2. 10 dB(A) for a total of five minutes in any one hour period, or 3. 15 dB(A) for a total of 1.5 minutes in any one hour period. d. Attachments 2, 3 & 5 show the extent of the project in relation to zoning and jurisdiction in the area. Highway 99 is a state highway running north -south linking Edmonds to Seattle, Shoreline, Lynnwood and Everett. Commercial development and Swedish Hospital are located west of the Highway 99 in the project area. Similar commercial development is located east of the road in the cities of Lynnwood and Mountlake Terrace. e. The most recent vehicle counts from the City's Traffic Engineer saw 21,000 vehicles per day southbound on this portion of Highway 99 and 18,000 northbound. f. Public Works provided measurements of ambient sound along the section of Highway 99 where the sewer project will occur (Attachment 6). These data were collected by city staff on Thursday, July 2 and Tuesday, November 10, 2015. The sound levels vary widely in this commercial area depending on the location and time of measurement. g. Public Works provided a table listing the equipment to be used for the project as well as the sound levels normally received at various distances for that equipment (Attachment 7). All of the equipment is louder than the reduced decibel levels allowed for residential and commercial receivers between 10 pm and 7 am according to ECC 5.30.050.A. However, the levels are similar to those maximum allowed levels in ECC 5.30.050.13. h. Public Works has proposed a number of mitigation techniques to reduce potential sound impacts to receiving properties (Attachments 1 and 7). 2. ECDC 20.85 (Variances) a. According to ECC 5.30.120.C.3, noise variances are processed in the same manner provided for in ECDC 20.85.020 but using the criteria in ECC 5.30. 1) ECC 5.30.120.A requires a finding "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 nonavailability of feasible technology or control methods." While the sewer rehab work could be done during the day (and therefore not require a variance), Public Works would like to perform the work at night to avoid traffic impacts in this heavily travelled commercial area. Unobstructed traffic is important in commercial areas so customers can access businesses during the day. At night many of the businesses are closed and traffic is much lighter during the evening and night hours. Doing the project at night would also shorten the duration of the project from Page 3 of 5 Packet Pg. 5 2.1.a City of Edmonds Public Works Noise Variance (CIPP Sewer) File#: PLN20150063 between seven and ten days to five nights since the work could occur over a longer period each night. Finally, because the project is in a commercial area, there are very few potential residential receivers in the vicinity and none directly on the section of Highway 99. b. Section 5.30.120.13 ECC states that the "variance... shall be granted only for the minimum time period found to be necessary under the facts and circumstances." 1) The City has indicated that the construction window will be between March 1 and December 31, 2016. The noise variance would apply to five (5) nonconsecutive nights throughout the duration of the project. Variances are Type III-B permit decisions where the Hearing Examiner holds a public hearing and then issues a decision in accordance with Chapter 20.06 ECDC. The public hearing on January 28, 2016 will establish the record that the Hearing Examiner will use to make a decision in accordance ECDC 20.06.008. V. TECHNICAL COMMITTEE In addition to the Planning Division, this application was reviewed and evaluated by staff from Fire District #1 and the City's Engineering Division (Attachment 9). No comments were received nor permit conditions proposed. VI. PUBLIC NOTICE The application was determined to be complete on December 29, 2015. On January 12, 2016, a "Notice of Application and Public Hearing" was published in the Herald Newspaper, posted along Highway 99 between 216th and 220th Street, as well as at the Public Safety Complex, Community Development Department, and Public Library. While property owners within 300 feet of a variance project are required to be notified by code, mailed notice was expanded in this case to include property owners within 500 feet of the project area. The City of Edmonds has complied with the noticing provisions of ECDC 20.03. VII. PUBLIC COMMENTS As of the date of this report, no public comments have been received. Vill. RECOMMENDATION Based on the analysis and attachments included with this report, staff recommends that the Hearing Examiner approve the noise variance in PLN20150063 with the following conditions: 1. A copy of the noise variance must be kept on the project site at all times. 2. The proposed noise mitigation measures described in Attachments 1 and 7 must be implemented, as applicable. 3. The noise variance shall be valid for only five (5) nights between March 1 and December 31, 2016. The Department of Public Works must notify the Planning Department each time the variance is used. Page 4 of 5 Packet Pg. 6 2.1.a City of Edmonds Public Works Noise Variance (CIPP Sewer) File#: PLN20150063 4. The granting of this variance does not relieve the City of Edmonds Department of Public Works from the remainder of the requirements and standards of the noise ordinance. IX. PARTIES OF RECORD Phil Williams Planning Division Director, Edmonds Public Works Dept. 7110 210th St. SW Edmonds, WA 98026 Mike De Lilla, PE City of Edmonds 121 5th Ave. N Edmonds, WA 98020 X. ATTACHMENTS 1. Applicant narrative 2. Vicinity map 3. Project area map 4. Edmonds City Code Chapter 5.30 — Noise Abatement and Control 5. Zoning map with project area 6. Highway 99 ambient sound checks 7. Proposed equipment, noise levels, and sound mitigation measures 8. Traffic control plan (typical) 9. Technical comments 10. Public notice documentation 11. Land use application Page 5 of 5 Packet Pg. 7 2.1.a > D CITY OF EDMONDS r't DAVE EARLING w r MAYOR 121 5T" AVENUE NORTH • EDMONDS, WA 98020 - 425-771-0220 FAX 425-672-5750 Website: www edmondswa.gov f� `�t� PUBLIC WORKS DEPARTMENT Engineering Division November 23, 2015 Robert Chave Planning Manager City of Edmonds 121 5th Ave N Edmonds, WA 98020 RE: Phase 1 Sanitary Sewer Cured in Place Pipe Rehabilitation (Highway 99 site) 5 Night Construction Hours Variance Dear Mr. Chave: The City of Edmonds requests a 5 night temporary noise variance for the project described below within the City of Edmonds. Enclosed within this request is a vicinity map, aerial photos of the vicinity and a list of residents within 500 feet of the project. The City requests temporary relief from the requirements of Washington Administrative Code (WAC) 173-60-040 and Edmonds City Code (ECC) 5.30 through the variance processes allowed under ECC5.30.120 and Edmonds City Development Code (ECDC) 20.85.020. This would permit the City of Edmonds to conduct construction activities within the City of Edmonds between the hours of 10:00 PM and 7:00 AM for 5 consecutive or nonconsecutive nights between March 1, 2016 and December 31, 2016. Project Description The City of Edmonds, as part of its ongoing sanitary sewer pipe maintenance projects has determined that the sanitary sewer pipe located on Highway 99 from 216th St SW and 220 St SW has deteriorated to the point in which a new pipe needs to be installed. Since the pipe slope has not been compromised during the life of this pipe system, a trenchless pipe rehabilitation solution is possible. This trenchless solution, called Cured in Place Pipe (CIPP) works much in the same way that a stent would for coronary artery surgery on the human body's circulatory system. The new pipe will be installed via the existing manholes located along this stretch of Highway 99. Equipment to be used for the project will mainly be relegated to trucks, compressors, and generators. For a few locations, the installation of cleanouts for some existing sewer services will be needed. This will allow for the existing sewer flows to be bypassed to allow for installation of the CIPP. A small amount of jackhammering, and excavation via large tractor or vactor, and possibly a dump truck will be needed to allow for this cleanout installation work. Attachment 1 PL Packet Pg. 8 Page 2 of 3 2.1.a Construction Activities and Equipment The project will rehabilitate sanitary sewer pipe by trenchless means, but cleanout installation at some locations will involve some sidewalk replacement work. The equipment we anticipate will be required and the expected sound level at 50 feet includes, but is not limited to, the following: Type Noise level (dBA) Type Noise level (dBA) Backhoe 78 84 Jack Hammer 89 Chain Saw Flat Bed Truck 74 Compressor 80 Generator 81 Dump Truck 76 Pickup Truck 75 Vacuum Excavator 85 Source: http:ljwww.fhwa.dot.gov/environment/noise/construction noise/handbook/handbook09.cfm Sound levels from the stationary equipment above, such as generators, will reduce by 6 dBA every doubling of distance from the equipment. Sound levels from mobile sources, such as street sweepers, will decrease by 3 dBA every doubling of distance. Traffic Limitations Highway 99 is a high volume highway and is a primary connection between 1-5, the Edmonds Hospital District, numerous residential neighborhoods and downtown Edmonds. It is desirable to complete these improvements between the hours of 8:00 PM and 7:00 AM for the following reasons: ■ Decreased pedestrian and vehicle traffic disruption or delays ■ Less sewage flows to bypass • Less disruptions to Swedish Hospital emergency vehicle traffic • Less disruption to nearby businesses o Increased Worker and public safety Construction Noise Notice for Nighttime Operations We propose the following measures to minimize construction noise to local residents: A. The contractor shall use ambient sensitive backup warning devices. The contractor may use back-up observers in lieu of back-up warning devices for all equipment except dump trucks in compliance with WAC Chapter 296-155-610 and 296-155- 615. The contractor shall use back-up observers and back-up warning devices for dump trucks in compliance with WAC Chapter 296-155-610. B. Stationary equipment, such as light plants, generators, and compressors, shall utilize noise mitigation shields, noise blankets, skirts, or other means available as approved by the Engineer. Packet Pg. 9 Page 3 of 3 2.1.a C. All truck tailgates shall be secured to prevent excessive noise from banging. D. The City of Edmonds shall notify residents within 500 feet of the project of nighttime work activities at least 7 calendar days in advance of the proposed nighttime construction work. Notifications shall include — at a minimum — the following information: e A description of the project o Expected nighttime noise sources • Start date and duration of the project • Noise mitigation measures to be implemented and • 24-hour contact information for persons associated with the project. We anticipate that the construction of this project will take place between March, 2016 and December 2016. The City of Edmonds construction Project Engineer in charge of administering the contract is: Michele (Mike) De Lilla City of Edmonds 121 5ch Ave N Edmonds, WA 98020 425-771-0220 x1320 Should you have any questions, please contact me at 425-771-0234. inc�rel , Phil Williams Director of Public Works, City of Edmonds, WA Attachments: Vicinity Map Aerial Photos Traffic Control Plan Sheets City Land Use Application WSDOT coordination E-mail Nighttime sound level sampling at project site Sound level data for applicable construction equipment Packet Pg. 10 2.1.a DeLilla, Mike From: Lacy, Paul <LacyP@wsdot.wa.gov> Sent: Tuesday, November 17, 2015 11:37 AM To: DeLilla, Mike Cc: Nau, Bonnie Subject: sewer project in Southbound lanes of SR 99 from 216th to 220th in Edmonds Hi Mike, Thank you for the heads up on your project. The project is in the City limits, and managed access, therefore you will not need any permits from WSDOT Utilities. The work involves putting liners in the existing pipes, so there should be no need for pavement cuts or restoration. Bonnie Nau runs our Construction Traffic Control Office, and she can assist with coordinating traffic control. It would be best if the construction and disruption to traffic could be scheduled for non -peak traffic times, but Bonnie can give you more information on that. Thank you for keeping us in the loop. Paul D. Lacy PE. PLS. Northwest Region Utilities and Railroads Engineer lacyp@wsdot.wa.gov 206-440-4120 Packet Pg. 11 2016 Sanitary Sewer Cured in Place Pipe Proiect Vim MEMM Begin Project West side intersection of 220th St SW & HWY 99 220kl i. SW 2.1.a 1 End Project West side intersection of — r HWY 99 and 216th u c c 15 Exit 1 e A 1-5 Exit 177 1 ,0 Attachment 2 PLN20150063 _ Packet Pg. 12 HWY b9 CIPP Project Site Aerial- Photo fag C: tit .M T L-1 fff tfi"4 Mh 0 it 0 0 ----------- 77- A oily. 1-7 X; ,gh4 :% t,*-k C Pr Ju rtswit". IKM JNL 440 will Ul ir I le 1 6401 14pito 'tic" J MMWMI fir I L7 #74, .- - ­_ 7 Attachment 3 PLN20150063 I Packet Pg. 13 2.1.a Edmonds Chapter 5.30 NOISE ABATEMENT AND CONTROL Chapter 5.30 NOISE ABATEMENT AND CONTROL Sections: 5.30.010 Declaration of policy. 5.30.020 Definitions. 5.30.030 Unlawful sounds. 5.30.040 Maximum permissible sound levels. 5.30.050 Modification to maximum permissible sound levels. 5.30.060 Motor vehicle noises — Stationary test. 5.30.070 Motor vehicle noises — Road test. 5.30.080 Mufflers. 5.30.090 Tire noise. 5.30.100 Exemptions. 5.30.110 Sounds exempt during daytime hours. 5.30.120 Variances. 5.30.130 Public disturbance noises. 5.30.140 Citizen complaints. 5.30.150 Penalties. 5.30.160 Severability. 5.30.200 Quiet zones — Establishment. 5.30.210 Criteria for establishing a quiet zone. 5.30.220 Quiet zone signs. 5.30.230 Noise prohibited in quiet zones. 5.30.240 Schedule of quiet zones. Page 1/7 5.30.010 Declaration of policy. It is hereby declared to be the policy of the city of Edmonds to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. [Ord. 2531, 1985; Ord. 2193, 1981]. 5.30.020 Definitions. As used in this chapter, the following terms shall have the following meanings. All technical terminology used in this chapter and not defined specifically herein shall be interpreted in conformance with American National Standards Institute's Specifications. A. "dB(A)" means the sound level measured in decibels, using the "A" weighting network on a sound level meter B. "District" means the land use zone to which the provisions of this chapter are applied. For the purposes of this chapter: 1. "Residential district" includes all R classified zones and includes the Open Space zone. 2. "Business" zone means all zones designated BN or BC. 3. "Commercial" zones include all zones classified CW or CG. C. "Emergency work" means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from an immediate exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility services. D. "Equipment" means any stationary or portable device or any part thereof capable of generating sot ' Attachment The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed Aug P LN20150063 Packet Pg. 14 2.1.a Edmonds Page 2/7 Chapter 5.30 NOISE ABATEMENT AND CONTROL E. "Frequent, repetitive or intermittently continuous sounds" means sounds that are continuous for a period of 10 or more minutes or intermittent for a period totaling 20 or more minutes. F. "Gross vehicle weight rating (GV WR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single vehicle. G. "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways. Aircraft, watercraft, and vehicles used exclusively on stationary, rails or track are not motor vehicles as that term is used herein. It includes motorcycles unless distinction is made in the context of use. H. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; except that farm tractors and vehicles powered by engines of less than five horsepower shall not be included. I. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing sound resulting therefrom. J. "Noise control administrator" means the person designated by the mayor to enforce the provisions of this chapter. In addition to the noise control administrator, any police officer may enforce the provisions of this chapter. K. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. L. "Property boundary" means the surveyed line at ground surface which separates the real property owned, rented or leased by one or more persons from that owned, rented or leased by another or others, and its vertical extension. M. "Receiving property" means the real property within which sound originating from outside the property is received. N. "Race vehicle" means a motor vehicle not licensed for use on the public streets and/or which is used primarily for sanctioned or unsanctioned racing events. Race vehicle shall also include power boats used primarily for racing events. O. "Sound level meter" means a sound level measuring device either type I or type II certified special use meters as defined by American National Standards Institute's Specifications. [Ord. 3989 § 1, 2015; Ord. 2531, 1985; Ord. 2193 § 3, 19811. 5.30.030 Unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound level established in this chapter. [Ord. 2531, 1985; Ord. 2193 § 4, 19811. 5.30.040 Maximum permissible sound levels. The maximum permissible sound level as measured at the property line or anywhere within the receiving property shall be as set forth in the following table: District of Receiving Property District of Sound Source Residential Business Commercial Residential 55 dB(A) 57 60 Business 57 60 65 Commercial 60 65 70 Commercial 60 65 [Ord. 2531, 1985; Ord. 2193 § 511981]. The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed August 18, Packet Pg. 15 2.1.a Edmonds Page 3/7 Chapter 5.30 NOISE ABATEMENT AND CONTROL 5.30.050 Modification to maximum permissible sound levels. The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following: A. Between the hours of 10:00 p.m. and 7:00 a.m. the noise levels shall be reduced by 10 dB(A) for receiving property within residential districts, except for noise from electrical substations and existing stationary equipment used in conveyance of water by a utility. B. At any hour of the day or night, the applicable noise levels may be exceeded for any receiving property by no more than: 1. 5 dB(A) for a total of 15 minutes in any one hour period, or 2. 10 dB(A) for a total of five minutes in any one hour period, or 3. 15 dB(A) for a total of 1.5 minutes in any one hour period. [Ord. 2531, 1985; Ord. 2193 § 6, 1981]. 5.30.060 Motor vehicle noises — Stationary test. It is unlawful for any person to operate any motor vehicle upon any public highway or easement road if the vehicle exhaust system exceeds the maximum permissible sound levels for the category of vehicle as measured at a distance of 20 inches (.5 meter) from the exhaust outlet under procedures set forth in WAC 204-56, as now exists or as hereafter adopted or amended. Vehicle Category Model Max. Sound Year Level Motorcycles Before 99 dB(A) 1986 Automobiles, light trucks, and motor Before 95 dB(A) vehicles 10,000 pounds GV WR or less 1986 All motor vehicles over 10,000 pounds Before 86 dB(A) GV WR 1986 While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as specified herein for other than motor vehicles. [Ord. 2531, 1985; Ord. 2193 § 7, 1981]. 5.30.070 Motor vehicle noises — Road test. It is unlawful for any person to operate any motor vehicle or any combination of motor vehicles upon any public highway or easement road under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle as measured at a distance of 50 feet from the center of the lane of travel within the speed limit specified under procedures set forth in WAC 204-56, as now exists or as may hereafter be amended or modified: Vehicle Category 45 mph or less Over 45 mph Motorcycles 78 dB(A) 82 dB(A) Motor vehicles over 10,000 86 dB(A) 90 dB(A) pounds GVWR All other motor vehicles 72 dB(A) 78 dB(A) While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as specified herein for other than motor vehicles. [Ord. 2531, 1985; Ord. 2193 § 8, 1981]. 5.30.080 Mufflers. It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways or easement roads which is not equipped with a muffler in good working order, in constant The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed August 18, 2015. Packet Pg. 16 2.1.a Edmonds Chapter 5.30 NOISE ABATEMENT AND CONTROL Page 4n operation, and which meets the requirements established by RCW 46.37.390 as now exists or as may hereafter be amended. [Ord. 2531, 1985; Ord. 2193 § 9, 1981]. 5.30.090 Tire noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground or other roadway surface because of rapid acceleration or excessive speed around corners or other such reason; provided, that the sounds resulting from emergency braking to avoid imminent danger shall be exempt from this section. [Ord. 2531, 1985; Ord. 2193 § 10, 1981]. 5.30.100 Exemptions. The following sounds are exempt from the provisions of this chapter at all times: A. Noises caused by motor vehicles used for highway maintenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property in a safe condition following a public calamity. B. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour. C. Sounds originating from aircraft in flight, and from watercraft. D. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device. E. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and aid personnel. F. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad. G. Sounds originating from officially sanctioned parades and other events to which the general public is solicited to attend without charge and sounds originating from league or school sponsored athletic events. H. Sounds caused by natural phenomena and unamplified human voices, except for public disturbance noises as set forth in ECC 5.30.130. [Ord. 2531, 1985; Ord. 2193 § 11, 1981]. 5.30.110 Sounds exempt during daytime hours. A. The following sounds are exempt from the provisions of this chapter between the hours of 7:00 a.m. to 10:00 p.m.: 1. Sounds originating from residential property relating to homeowner -sponsored temporary projects for the maintenance and repair of existing homes and grounds, including but not limited to lawn mowers, saws, hammering and gardening. This exemption applies to the construction of such incidental appurtenances for existing homes as fences, decks, patios, carports, swimming pools, ponds, walkways and private kennels. This exemption excludes sounds from race vehicles. 2. Sounds created by blasting. 3. Sounds created by the installation or repair of essential utility services or public road projects. 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. [Ord. 3469 § 1, 2003; Ord. 2531, 1985; Ord. 2193 § 12, 1981]. 5.30.120 Variances. A. Variances may be granted to any person from any requirement of ECC 5.30.040 or 5.30.110 if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed August 18 Packet Pg. 17 2.1.a Edmonds Page 5n Chapter 5.30 NOISE ABATEMENT AND CONTROL immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of nonavailability 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 in the following manner: 1. The mayor or his/her designee may grant no more than two administrative variances during any six-month period for no more than two consecutive days in those cases where unplanned, unusual physical or economic circumstances arise which make it necessary to complete immediate construction work and notice to adjacent property owners is not feasible. Notice of the administrative variance shall be given to the police department and posting the subject property by the applicant. Variances shall be applied for and granted in advance. Any period of violation shall be deducted from the two-day maximum. 2. In circumstances where it is not possible to meet the normal variance process, the mayor or his/her designee may also grant no more than one administrative variance of longer than two days but no longer than seven days during any six-month period pursuant to this section. Notice shall be mailed to all property owners within 300 feet stating the administrative variance allowed, any variance conditions and the duration of such administrative variance. Notice shall also be given to the police department and posting the subject property by the applicant. 3. In those circumstances where variances to the noise standards are anticipated, the variance must be processed in the same manner provided for in ECDC 20.85.020 utilizing the criteria found in this section. D. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises. M E. Variances granted pursuant to this section are subject to review under ECDC 20.100.020. [Ord. 3469 § 2, 2003; LO Ord. 2531, 1985; Ord. 2193 § 13, 1981]. y 41 5.30.130 Public disturbance noises. c It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer. Public disturbance noises shall include, but shall not be limited to, the following sounds or combinations of sounds: A. Frequent, repetitive or intermittently continuous sounds made by any horn or siren attached to a motor vehicle 3 except such sounds that are made to warn of danger or that are specifically permitted or required by law. a m L B. Frequent, repetitive or intermittently continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off -highway vehicle or internal combustion w engine. C. Loud and frequent, repetitive or intermittently continuous sounds made by the use of a musical instrument or 0 LO instruments or other device capable of producing sound when struck by an object, of a whistle, or of a sound N amplifier or other device capable of producing, amplifying or reproducing sounds. J a- D. Loud and frequent, repetitive or intermittently continuous sounds made by the unamplified human voice or ; voices between the hours of 10:00 p.m. and 7:00 a.m. E E. Sounds made for any duration or frequency from the starting and/or running of the engine of a race vehicle. [Ord. U 3988 § 1, 2015; Ord. 2531, 1985; Ord. 2193 § 14, 1981]. Q 5.30.140 Citizen complaints. Whenever it is stated in writing by three or more persons having separate residences in a neighborhood that any person is violating any of the provisions of this chapter, the noise control administrator or his/her designee shall review such complaints. After the noise control administrator or his/her designee determines that a violation has occurred, the administrator or his/her designee shall advise the owner of the complaint and that such violation is a The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed August 18 Packet Pg. 18 2.1.a Edmonds Page 6/7 Chapter 5.30 NOISE ABATEMENT AND CONTROL nuisance and must cease. Failure of any person to cease any violation of this chapter shall be subject to penalties as established in this chapter. [Ord. 3989 § 2, 2015; Ord. 2853 § 27, 1991; Ord. 2531, 1985; Ord. 2193 § 15, 1981]. 5.30.150 Penalties. A. Any person violating any provision of this chapter shall be guilty of a civil infraction, which shall be punishable by a fine of $100.00. B. Any person committing a second violation of any provision of this chapter within one calendar year shall be guilty of a civil infraction, which shall be punishable by a fine of $250.00. C. Any person committing a third violation of any provision of this chapter within one calendar year shall be guilty of a misdemeanor and, upon conviction thereof, be sentenced to a fine not to exceed $1,000 and/or 90 days in jail. [Ord. 3989 § 3; 2015; Ord. 2853 § 28, 1991; Ord. 2531, 1985; Ord. 2193 § 16, 1981]. 5.30.160 Severability. If any word, phrase or other portion of this chapter is for any reason held invalid, the remaining portions of this chapter shall not be affected. [Ord. 2531, 1985; Ord. 2193 § 17, 1981]. 5.30.200 Quiet zones — Establishment. The city council shall conduct a public,,hearing to consider the establishment of a quiet zone when: A. Five or more persons from different residences within the same neighborhood sign a petition requesting the establishment of a quiet zone, and file the same with the planning department; and B. Notice of such hearing is given in the manner prescribed for hearing a proposed rezone. [Ord. 2531, 1985; Ord. 2372 § 1, 19831. 5.30.210 Criteria for establishing a quiet zone. A quiet zone is appropriate for any area disturbed by noise meeting the following criteria: A. Such noise originates from multiple sources in the neighborhood. B. Such noise is prevalent with substantial frequency during any 30-day period and there is a high likelihood of recurrence. C. The source of such noise is transient. D. The noise is generated from locations on public streets, parks, play grounds and the like immediately adjacent to residential districts or other uses requiring peace and quiet such as hospitals, convalescent homes, and libraries. [Ord. 2531, 1985; Ord. 2372 § 2, 1983]. 5.30.220 Quiet zone signs. Any area designated by this procedure as a quiet zone shall be clearly marked by signs that state in substance: "Quiet Zone, use of radios, tape players, musical instruments and similar devices prohibited if audible over 30 feet away." [Ord. 2531, 1985; Ord. 2372 § 3, 1983]. 5.30.230 Noise prohibited in quiet zones. The following acts when committed in a quiet zone are prohibited: A. Radios, Tape Players, etc. The using, operating, playing, or permitting to be used, operated or played any radio, tape player, television, musical instrument, record player or any other machine or device for the producing or reproducing sound in such a manner as to 1. Disturb the peace, quiet, and comfort of the neighboring inhabitants, or 2. Generate sound with a volume that is audible at a distance of over 30 feet from the machine or device. The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed August 18, 7015 Packet Pg. 19 2.1.a Edmonds Chapter 5.30 NOISE ABATEMENT AND CONTROL Page 7/7 B. Horns, Signaling Devices, etc. The continuous or repetitive sounding of any horn or signaling device on any automobile, motorcycle, other vehicle on any street or public place in such quiet zone, except as a danger warning. [Ord. 2531, 1985; Ord. 2372 § 4, 1983]. 5.30.240 Schedule of quiet zones. In accordance with the provisions of this chapter and when signs are erected giving notice thereof, no person shall at any time commit any act proscribed by ECC 5.30.230 in any of the following described quiet zones: A. Sunset Avenue North, from Edmonds Street to Caspers Street. [Ord. 2531, 1985; Ord. 2385 § 1, 1983; Ord. 2372 § 5, 1983]. The Edmonds City Code and Community Development Code are current through Ordinance 4006, pa§ed August 18, Packet Pg. 20 2.1.a City of Edmonds Noise Variance Zoning & Vicinty Map Highway 99 (216th St. to 220th St.) N PLN20150063 s ;,,, 1 inch = 300 feet Attachment 5 P LN20150063 Packet Pg. 21 Mv Y 99 Sound Check Locations 1�. { r3 typ'•i�il�r�37 ie � � .�. +frr� �• a�� r �I } � ((ti � ', •.may � i• rr 1 rh �rirut .f �3 M� op" � r rr lot a �, IU r ' r 16. + ■f r. N., -3p s" '� rid J. i. :. rf• �r ; �'f�1�{1p5��rr� 1��y r.- 1 � ■ �1s � ►� ,� �+. At �y Jr-■ryL ` rrrfrrfilr�r 'ir r.. F ' 11 ~ ■'J '..tr, . �i,.}.c .Y -�► . E- .•7 34 4 �� yMrfrK f � e_rr Ef 1 � T 11 l i '•. . •M,I• fit IM v . i� Attachment PLN20150063 Packet Pg. 22 n X CD (Q N W Location Date Begin Time End Time Min Max Average Notes 1 7/2/2015 21:57 22:12 52 74 62 Ambient noise from Starbucks delivery vehicles. Multiple vehicles playing loud music 2 7/2/2015 22:13 22:28 53 78 64 Steep hill requires heavy (and, consequently, loud) acceleration when light turns green. 3 7/2/2015 22:47 23:02 39 85 63 Multiple vehicles playing loud music on 220th and in the Shell parking lot 4 7/2/2015 23:04 23:19 48 80 58 Ambient noise from casino music, steep hill requires loud acceleration for vehicles when light turns green 5 11/10/2015 22:45 22:58 44 89 66 Dick's Drive in noise and cars accelerating up the hill on 99. 6 11/10/2015 22:05 22:20 48 85 69 Dick's Drive in noise and cars accelerating up the hill on 99. Steep hill requires heavy (and, consequently, loud) acceleration when 7 11/10/2015 22:23 22:38 47 85 65 light turns green. Multiple vehicles playing loud music. Steep hill requires heavy (and, consequently, loud) acceleration when 8 11/10/2015 21:47 22:02 56 87 71 light turns green. Wind gusts contributing to spikes. Multiple vehicles playing loud music. �D r� Z v N (-) O_ � Cn (DD O O O W N iu Attachment: PLN20150063 staff report with attachments (1053 : Requesting 5-night temporary noise variance) Types of Equipment, Anticipated Sound Levels and Mitigation Measures Planned to Minimize Sound Level (dBA) at distance Item # Equipment Mitigation Measures 50' 100' 200' The sounds of this construction equipment would be perceived at or near the same as existing background noise from 1 Backhoe 78 75 72 220th St at night. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number available. Minimize use of sensitive back alarms. Construction equipment sounds will be brief. Residents shall be notified by the City of Edmonds 7 days prior by changeable 2 Chain Saw 84 78 72 message sign, mailer and press release. After hours noise complaint phone number available. Contractor shall avoid using equipment next to residences when feasible. Shields around compressors can reduce sound 3 Compressor 80 74 68 levels by 5 to 10 dBA. After hours noise complaint phone number available. Mobile operation. The sounds of this construction equipment would be perceived at or near the same as existing 4 Dump Truck 76 73 70 background noise from 220th St at night. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number available. Minimize use of sensitive back alarms. The sounds of this construction equipment would be perceived at or near the same as existing background noise from 5 Flat Bed Truck 74 71 68 220th St at night. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number available. Minimize use of sensitive back alarms. Contractor shall avoid using equipment next to residences when feasible. Shields around generators can reduce sound 6 Generator 81 75 69 levels by 5 to 10 dBA. After hours noise complaint phone number available. Construction equipment sounds will be brief. Residents shall be notified by the City of Edmonds 7 days prior by changeable 7 Jack Hammer 89 83 77 message sign, mailer and press release. After hours noise complaint phone number available. The sounds of this construction equipment would be perceived at or near the same as existing background noise from 8 Pickup Truck 75 72 69 220th St at night. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number available. Tailgates will be secured to prevent excessive banging 0 X m CQ N Attachment: PLN20150063 staff report with attachments (1053 : Requesting 5-night temporary noise variance) NO 118-3 INSTALL ON TYPE 2 BARRICADES THROUGHOUT THE WORK AREA 24" x 30" 24 HOURS PRIOR TO IMPLEMENTING TRAFFIC CONTROL. PARiiING RAV PRIOR NOTIFICATION OF LOCAL LAW ENFORCEMENT REQUIRED. NOTES 1. CONTROLS SHOWN ARE FOR PEDESTRIAN TRAFFIC ONLY. 2. A 60" PATH WIDTH SHOULD BE MAINTAINED (48" IS THE MINIMUM). 3. CONTACT AND COORDINATE IMPACTED TRANSIT AGENCIES PRIOR TO IMPLEMENTING ANY CLOSURES. 4. SEE SHEET TC-52 FOR TEMPORARY PEDESTRIAN RAMP DETAILS. 5. ADA PEDESTRIAN FACILITIES MUST BE MAINTAINED. SEE j STANDARD SPECIFICATION 1-10.2(1)B. ! I J 6. TEMPORARY PEDESTRIAN PUSH BUTTONS SHALL BE PLACED ON THE DIVERTED PATH WHEN EXISTING BUTTONS ARE NOT ACCESSIBLE TO PEDESTRIANS. 1 10' MIN. LEGEND N TEMPORARY SIGN LOCATION 0 CHANNELIZING DEVICES ® PEDESTRIAN CHANNELIZING DEVICES 0 TEMPORARY PEDESTRIAN RAMP FOR SIDEWALKS FILE NAME S:lDesi[iri R P& S44-Standardsl2-Plan Sheet Lt6ra 101-Published PSL1 TC Work Zeno TIME 1:28:42 PM Traffic ControRW(TC-16)Intersection Pedestrian Traffic Contr RENIOON I STATE FED:AID PROJ.NO. WAS 9/18/2014 _DATE PLOTTED BY FletcCo DESIGNED BY J00 NUMBER ENTERED BY CHECKED BY CONTRACT NO. LOCATION N0. PROJ. ENGR. REGIONAL ADM. REVISION DATE BY AREA SIDEWALK DIVERSION 30" DETOUR 24" M4.9B B/0 SIDEWALK DETOUR INTERSECTION PEDESTRIAN TRAFFIC CONTROL NOT TO SCALE Plot ' Washington State Attachment 8 Department of Transportation PLN20150068 PEDESTRIAN CONTROL AND Packet Pg. 25 ITC-16.dgn oe nTeuP P x DATE I P.E. STAMP BO% R9-11 24" x 12" BAN SIDEWALK CLOSED AHEAD CROSS HERE 0 slOexaLH cLDsm R9.10 24" x 12.. OSE OTHEA SIDE BM 2.1.a MINIMUM LANE CLOSURE TAPER LENGTH = L (feet) LANE WIDTH (feet) Posted Speed (mph) 25 30 35 40 1 45 50 55 60 1 65 70 10 105 150 205 270 450 500 650 - - - 11 115 165 225 295 495 550 605 660 - - 12 125 180 245 1.320 540 S00 660 720 780 840 MINIMUM SHOULDER TAPER LENGTH = L/3 (feet) SHOULDER WIDTH 01ee0 Posted Speed (mph) 25 30 35 40 45 50 55 60 85 70 8' 40 40 W 90 120 130 150 160 170 1 190 10, 40 60 90 90 150 170 190 200 220 240 USE A MINIMUM 3 DEVICES TAPER FOR SHOULDER LESS THEN 8'. LEGEND q TEMPORARY SIGN LOCATION ® TRAFFIC SAFETY DRUM �D SEQUENTIAL ARROW SIGN TRANSPORTABLE ATTENUATOR P(�MS PORTABLE CHANGEABLE MESSAGE SIGN FILE NAME 30"Ism R DATE PLOTTED BY DESIGNED BY ENTERED BY CHECKED BY P ROJ. ENOR. W2a5R Work Zone SIGN SPACING - X (1) FREEWAYS R EXPRESSWAYS 55 / 70 MPH 1500' t RURAL HIGHWAYS W / 85 MPH Boa t RURAL ROADS 45 / 55 MPH 500' t RURAL ROADS 6 URBAN ARTERIALS 35 / 40 MPH 35V t RURAL ROADS 16 URBAN ARTERIALS 25 / 30 MPH RESIDENTIAL a BUSINESS DISTRICTS 200' t (2) URBAN STREETS 25 MPH OR LESS 100' t (2) (1) ALL SPACING MAY BE ADJUSTED TO ACCOMMODATE INTERCHANGE RAMPS, AT -GRADE INTERSECTIONS AND DRIVEWAYS. (2) THIS SPACING MAY BE REDUCED IN URBAN AREAS TO FIT ROADWAY CONDITIONS. CHANNELIZATION DEVICE SPACING feet MPH TAPER TANGENT 50/10 40 80 35145 30 60 25/30 20 40 SINGLE -LANE CLOSURE FOR MULTI -LANE ROADWAYS corn m. FEDAID PROJI.NO. UWAI iin NOT TO SCALE WE PJ. WMW! BUFFER DATA LONGITUDINAL BUFFER SPACE = B SPEED (MPH) 25 1 30 35 1 40 45 50 55 80 85 70 LENGTH (Ibel) 155 300 250 305 360 1 425 495 1 570 I 645 730 BUFFER VEHICLE ROLL AHEAD DISTANCE = R TRANSPORTABLE ATTENUATOR MINIMUM HOST VEHICLE WEIGHT 15,000 LBS. THE MAXIMUM WEIGHT SHALL BE IN ACCORDANCE NTH THE MANUFACTURERS RECOMMENDATION. 30 FEET MIN. TO 100 FEET MAX. AlIft OF Washington State Department of Transportation PCM S 1 z RIGHT I MILE LANE AHEAD CLOSURE 2.O SEC 10SEC FIELD LOCATE I MILE t IN ADVANCE OF LANE CLOSURE SIGNING. NOTES: 1. SEE SPECIAL PROVISIONS FOR WORK HOUR RESTRICTIONS. 2, EXTEND DEVICE TAPER AT LJ3 ACROSS SHOULDER. 3. DEVICES SHALL NOT ENCROACH INTO THE ADJACENT LANE. 4. USE TRANSVERSE DEVICES IN CLOSED LANE EVERY 1000' (FT) (RECOMMENDED). 5. DEVICE SPACING FOR THE DOWNSTREAM TAPER SHALL BE 29 (FT). 6. ALL SIGNS ARE BLACK ON ORANGE. TRAFFIC CONTROL PLAN Plot 1 K"w No TC3 .Qr a .d„ N u C cC d to 0 C 2-11 L 0 is E Q) d a m M rA O r Packet Pg. 26 2.1.a I CI it OF EDMONDS —PLANNING DIVISION COMMENT FORM ❑ PW-En ineering 9 Fire ❑ PW - Maintenance ❑ Parks & Rec. ElBuilding ❑ Economic Dev. ❑ Parks Maintenance Project Number: PLN20150063 Applicant's Name: CITY OF EDMONDS - CIPP SANITARY SEWER PROJECT Property Location: HIGHWAY 99 FROM 216TH St SW L 220th St SW Date of Application: 11.25.15 Date Form Routed: 12.1.15 Zoning: Project Description: NOISE VARIANCE - PHASE 1 SANITARY SEWER CIPP REHABILITATION PROJECT "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 12 21 2015 If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE CLUGSTON Ext. 1330 Name of Individual Submitting Comments: a aq�L�-- 4G*1 r Title: � o E I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ❑ I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT. so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this pe requirements of this department (please attach memo if ai Date: 12, l u l Signature:- Phone/E-mail: SNOHOMISH CO. FIRE- DISTRICT 12425 Meridian Ave S. Everett WA 98208 www.firedistrictl.org Unincorporated South Snohomish Cow John Westfall, CF Deputy Chief- Fire Mar j westfall@firedistrict 1. of phone: 425-771-0213 Attachment 9 Packet Pg. 27 2.1.a Cl I r OF EDMONDS — PLANNING DIVISION COMMENT FORM ❑ PW-Engineering ❑ Fire ❑ PW - Maintenance ❑ Parks & Rec. ❑ Building ❑ Economic Dev. ❑ Parks Maintenance Project Number: PLN20150063 Applicant's Name: CITY OF EDMONDS - CIPP SANITARY SEWER PROJECT Property Location: HIGHWAY 99 FROM 216TH St SW & 2201h St SW Date of Application: 11.25.15 Date Form Routed: 12.1.15 Zoning: Project Description: NOISE VARIANCE - PHASE 1 SANITARY SEWER CIPP REHABILITATION PROJECT "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 12/21 2015 If you have any questions or need clarification on this project, please contact: Responsible Staff: MIKE CLUGSTON Name of Individual Submitting Comments: Title: f I have reviewed this /and use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. Ext. 1330 ❑ I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): 1 'Zl i o i -zo l .�_ Signature:' YC-�- Phone/E-mail: -4 7, - 7 7QZ20 Packet Pg. 28 2.1.a CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 ■ Web: www.edmondswa.goy DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION ''� c . 18`) " December 29, 2015 Mike De Lilla, PE City of Edmonds 121 5th Ave. N Edmonds, WA 98020 Subject: Letter of complete application for PLN20150063 Dear Mike, The City of Edmonds has reviewed the November 25, 2015 application for a noise variance for a night time sanitary sewer project in Highway 99 between 216th and 220th Streets SW. Pursuant to Edmonds Community Development Code (ECDC) Section 20.02.002, the application has been determined to meet the procedural submission requirements and therefore is complete; please accept this letter as the City's completeness notice in accordance with ECDC 20.02.003. While the application is technically complete, the City may request additional information during review of the project with which to make a decision. The City will proceed with the public notice portion of the project as required by Chapter 20.03 of the ECDC. If you have any questions, please let me know either at 425-771-0220 or michael.clugston@edmondswa.gov. xz,a� Mike Clugston, AICP Associate Planner Attachment 10 P LN20150063 Packet Pg. 29 2.1.a '� Gphf CITY OF EDMONDS NOTICE OF APPLICATION nr, yR°AND PUBLIC HEARING PROJECT DESCRIPTION: The City of Edmonds Public Works Department requests a 5-night temporary noise variance for a sewer pipe rehabilitation project in Highway 99 between 216`h and 220" Streets SW. Public Works requests temporary relief from the requirements of Edmonds City Code (ECC) 5.30 through the variance process as allowed under ECC 5.30.120 and the Edmonds Community Development Code (ECDC) 20.85.020. PROJECT LOCATION: Highway 99, between 216th Street and 2201h Street SW NAME OF APPLICANT: City of Edmonds Public Works Department FILE NO.: PLN20150063 DATE OF APPLICATION: November 25, 2015 DATE OF COMPLETENESS: December 29, 2015 DATE OF NOTICE: January 12, 2016 REQUESTED PERMITS: Variance (Type III-B decision — the Hearing Examiner holds a public hearing and makes the final decision) OTHER REQUIRED PERMITS: N/A REQUIRED STUDIES: N/A EXISTING ENVIRONMENTAL DOCUMENTS: None COMMENTS ON PROPOSAL DUE: January 28, 2016 "PUBLIC HEARING INFORMATION" A public hearing will be held before the Hearing Examiner on January 28, 2016 at 3 p.m. in the Council Chambers located at 250-5th Avenue North, Edmonds, WA 98020. Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Development Services Department, 121 5th Ave North, Edmonds, WA 98020 between the hours of 8:00 am and 4:30 pm Monday — Friday (closed Wednesdays) or online through the City's website at www.edmpadswa.gov through the Permit Assistance link. Search for permit PLN20150063. CITY CONTACT: Mike Clugston, AICP, Associate Planner michael.clugston@edmondswa.gov 425-771-0220 Packet Pg. 30 2.1.a z o:naf Lp City of Edmonds Noise Variance Zoning & Vicinty Map Highway 99 (216th St. to 220th St.) N ,n PLN20150063 1 inch = 300 feet Packet Pg. 31 Ea' y feel® t..ai.lels i ♦ Fiend along line to � w AVE 2.1.a Use Avery® Template 51600 i Feed Paper expose Pap -up Edger"" j RESIDENT OR BUSINESS OWNER BEHAR EDMONDS VENTURES LLC RESIDENT OR BUSINESS OWNER 2211199 HW 1000 2ND AVE STE 3230 7000 216HT ST SW EDMONDS, WA 98020 SEATTLE, WA 98104 LYNNWOOD, WA 98036 LYNNWOOD CITY OF RESIDENT OR BUSINESS OWNER GMC 220TH LLC PO BOX 5008 21729 HIGHWAY 99 422 COMSTOCK PL LYNNWOOD, WA 98046 EDMONDS, WA 98026 SEATTLE, WA 98109 RESIDENT OR BUSINESS OWNER STADICK LOUISE RESIDENT OR BUSINESS OWNER 21508 99 HW 18549 WALLINGFORD AVE N 7212 220TH ST SW EDMONDS, WA 98026 SHORELINE, WA 98133 EDMONDS, WA 98026 AMON-EDMONDS INVESTMENT LLC PUBLIC UTILITY DIST 1 SNO CO PUBLIC HOSPITAL DISTRICT 2 1000 2ND AVE STE 3230 2320 CALIFORNIA SNOHOMISH CO SEATTLE, WA 98104 EVERETT, WA 98201 4710196TH ST SW LYNNWOOD, WA 98036 RESIDENT OR BUSINESS OWNER PREMERA BLUE CROSS RESIDENT OR BUSINESS OWNER 7001220TH ST SW PO BOX 327 MS350 21700 HWY 99 MOUNTLAKE TERRACE, WA 98043 SEATTLE, WA 98111 EDMONDS, WA 98026 RESIDENT OR BUSINESS OWNER HWG PROPERTIES LLC ALIANA INTERNATIONAL LLC 2143172ND AVE W 632 204TH ST SW P 0 BOX 816 EDMONDS, WA 98026 LYNNWOOD, WA 98036 EDMONDS, WA 98020 RESIDENT OR BUSINESS OWNER BARUCH ISAAC RESIDENT OR BUSINESS OWNER 21920 99 HW 1416-3RD AVE 21900 HWY 99 EDMONDS, WA 98026 SEATTLE, WA 98101 EDMONDS, WA 98026 MGP X PROPERTIES LLC RESIDENT OR BUSINESS OWNER 21701 HWY 99 LLC 425 CALIFORNIA ST 11TH FL 21701 HIGHWAY 99 1584 PARKSIDE DR NE SAN FRANCISCO, CA 94104 LYNNWOOD, WA 98036 SEATTLE, WA 98112 RESIDENT OR BUSINESS OWNER ASC EDMONDS LLC RESIDENT OR BUSINESS OWNER 21500 72ND AVE W 17602 NE UNION HIIL RD 21709 HIGHWAY 99 EDMONDS, WA 98026 REDMOND, WA 98052 MOUNTLAKE TERRACE, WA 98043 RESIDENT OR BUSINESS OWNER GMC 220TH LLC RESIDENT OR BUSINESS OWNER 21917 HIGHWAY 99 422 COMSTOCK PL 21420 99 HW EDMONDS, WA 98026 SEATTLE, WA 98109 EDMONDS, WA 98020 , Eticluettes faciles a peler A Repliez a la hachure afin de ! 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Sens de re„6lcr to rok. rl 0 -i—MC ! 1-RM-pan-AVFRV � 2.1.a Easy !'^el® Labels i ♦ Bend along line to AVER Use Avery0 Template 51600 j Feed Paper � expose Pop -tip EdgeTM LYNNWOOD WAY LLC RESIDENT OR BUSINESS OWNER CORDOVA INVESTMENTS LLC PO BOX 27165 21829 HIGHWAY 99 4912 182ND PL SW SEATTLE, WA 98125 EDMONDS, WA 98026 LYNNWOOD, WA 98037 RESIDENT OR BUSINESS OWNER RESIDENT OR BUSINESS OWNER RESIDENT OR BUSINESS OWNER 7320 216TH ST SW 21600 HWY 99 2200199 HW EDMONDS, WA 98026 EDMONDS, WA 98026 EDMONDS, WA 98020 RESIDENT OR BUSINESS OWNER VINCENT D MILLER ENTERPRISES RESIDENT OR BUSINESS OWNER 21619 HWY 99 1420 FIFTH AVE STE 2200 7320 216TH ST SW LYNNWOOD, WA 98036 SEATTLE, WA 98101 EDMONDS, WA 98026 STEVENS PAVILLION LLC LYNNWOOD HONDA RESIDENT OR BUSINESS OWNER PO BOX 92129 PO BOX 1177 2140172ND AVE W SOUTHLAKE, TX 76092 EDMONDS, WA 98020 EDMONDS, WA 98026 EDMONDS MEDICAL BUILDING RESIDENT OR BUSINESS OWNER PACWEST ENERGY LLC ASSOCIATES 22000 99 HW 3450 COMMERCIAL CT 8129 LAKE BALLINGER WAY STE 104 EDMONDS, WA 98020 MERIDIAN, ID 83642 EDMONDS, WA 98026 ATIF MAXIMOS RESIDENT OR BUSINESS OWNER RESIDENT OR BUSINESS OWNER 7309 224TH ST SW UNIT E3 21558 99 HW 6825 216TH ST SW EDMONDS, WA 98026 EDMONDS, WA 98026 LYNNWOOD, WA 98036 GOODWIN BUILDERS INC RESIDENT OR BUSINESS OWNER MGP X PROPERTIES LLC PO BOX 30941 21904 99 HW 425 CALIFORNIA ST 11TH FL SEATTLE, WA 98103 EDMONDS, WA 98026 SAN FRANCISCO, CA 94104 RESIDENT OR BUSINESS OWNER RESIDENT OR BUSINESS OWNER AMON-EDMONDS INVESTMENT LLC 21705 HIGHWAY 99 22019 99 HW 1000 SECOND AVE STE3330 MOUNTLAKE TERRACE, WA 98043 EDMONDS, WA 98020 SEATTLE, WA 98104 RESIDENT OR BUSINESS OWNER HOMES RE 1 LLC MOUNTLAKE TERRACE CITY OF 21400 72ND AVE W 111 W MICHIGAN ST 6100 219TH ST SW STE 200 EDMONDS, WA 98026 MILWAUKEE, WI 53203 MOUNTLAKE TERRACE, WA 98043 PUD # 1 OF SNOHOMISH CO RESIDENT OR BUSINESS OWNER DICK'S DRIVE-INS LTD LP PO BOX 1107 21910 HWY 99 4426 SECOND AVE NE EVERETT, WA 98206 EDMONDS, WA 98026 SEATTLE, WA 98105 Packet Pg. 33 I=tiquettes faciles a peler Repliez a la hachure afro de www.avery.com Ea-;y feel® labels i ♦ Send along line to AVM 2.1.a Use AveryO Template 51600 i Feed Paper �"" expose Pop-up EdgeTr^ j NELSON BUSINESS PARK LLC 7116 220TH ST SW MOUNTLAKE TERRACE, WA 98043 FIFE PROPERTY INVESTMENTS LLC 21515 HIGHWAY 99 LYNNWOOD, WA 98036 Packet Pg. 34 Etl uettes faeiles a eler ' Repliez a la haehure afin de i i p P 1-800-GO-AVERY Sens de i A%JE"%1® =4CA0 rPVPIPr IP rP.hnrrl Pnn-iinM� 2.1.a ADJACENT PROPERTY OWNERS LIST Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. Signature of Applicant or Appiicanrs Kepresentative Subscribed and sworn to before me this _44k day of j u%Ae� n!-5 ONWIIIII ZIP • ��, = o5 Notary Public in and f9r the State of Washington �14111F of Residing at Revised on 9130111 P2 - Adjacent Property Owners List Packet Pg. 35 2.1.a FILE NO.: PLN20150063 APPLICANT: CITY PUBLIC WORKS DECLARATION OF MAILING NOTICE OF APPLICATION &' PUBLIC HEARING On the 12th day of January 2016, the attached Notice of Application & Public Hearing was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Denise Nelson, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12th day of January 2016 at Edmonds, Washington. 4 Signed: f)/� {BFP747887.DOC;1\00006.900000\ } Packet Pg. 36 2.1.a File No.: PLN20150063 Applicant: City of Edmonds DECLARATION OF POSTING On January 12, 2016, the attached Notice of Application and Public Hearing was posted as prescribed by Ordinance and in any event where applicable on or near the subject property. I, Michael D. Clugston, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12th day of January, 2016, at Edmonds, Washington. Signed: Packet Pg. 37 City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: FILE # rW WLnUIJ � ZONE DATE, 1 I - LZ ' 15 , REC'D BY 1� FEE HEARING DATE RECEIPT # ❑ HE ❑ STAFF ❑ PB ❑ ADB ❑ CC • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION Highway 99 between 216 Street SW and 220th Street SW PROJECT NAME (IF APPLICABLE) Citywide CIPf Sanitary Sewer Rehabilitation Project PROPERTY OWNER City of Edmonds PHONE # 425-771-0220 ADDRESS 121 5th Ave N. Edmonds, WA 98020 EMAIL phil.williams@edmondswa.gov TAX ACCOUNT # FAX # SEC. TWP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) The sanitary sewer pipe located in Hwy 99 between 216th and 220th St SW is deteriorated and needs to be rehabilitated. This project will insert a liner inside the pipe for rehab/repair purposes. DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) NSA APPLICANT Phil Williams ADDRESS 7110 210th St SW, Edmonds, WA 98026 EMAIL phil.williams@edmondswa.gov CONTACT PERSON/AGENT _Michele (Mike) De Lilla, PE ADDRESS 121 5th Ave N, Edmonds, WA 98020 EMAIL mike.delilla@edmondswa.gov PHONE# 425-771-0235 FAX #` PHONE # 425-771-0220 X 1320 FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete informatic furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledl and that I am authorized to file this ap t n the beh If of a owner as listed below. SIGNATURE OF APPLICANT/AGE L 5 , DATE lz&ili Property Owner's Authorization I, , certify under the penalty of perjury under the laws of the State i Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for tl subject land use applicali , and gra my permission for the public officials and the staff of subject property for the,rposea of ' pActio,V ano posing attendant to this application. SIGNATURE OF OyrNRS % •V ��� DATI Attachment Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application PLN20150063 Packet Pg. 38