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Noise Variance Decision and Attach-PUD-STF20190011.pdffhC. 18y" CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT NOISE VARIANCE STAFF DECISION Project: Westgate Village — 10032 Edmonds Way Applicant: Snohomish County PUD, David Cerdenola File Number: STF20190011 Associated Permit(s): ENG20180540 — Right -of -Way Construction Permit Date of Decision: April 26, 2019 Reviewed By: Leif Bjorback, Building Official Jeanie McConnell, Engineering Program Manager I. INTRODUCTION The applicant has applied for a noise variance (Attachment 1) to replace/reroute an underground cable, which will require a power outage affecting the Bartell Drugs at 23028 110' Ave W. The off -site work proposed at this location has been approved under a separate right-of-way construction permit, ENG20180540, but the applicant has requested that work at this specific locatoin be approved during the hours 9:00pm — 7:00am, which is outside the normally approved hours for construction. The following is staff s analysis and decision on the proposal. II. FINDINGS AND CONCLUSIONS A. GENERAL INFORMATION 1. Request: The applicant is requesting a noise variance for work proposed as part of the improvements required with the Westgate Village Development at 10032 Edmonds Way. 2. Review Process: A noise variance is a Type I decision pursuant to ECDC 20.01.003. The director or his/her designee reviews the project and issues an administrative decision pursuant to ECDC 20.75.050.C. 3. Project Owners: Westgate Village 4. Applicant: Snohomish County PUD 5. Location: 10032 Edmonds Way 6. Activities, Equipment and Factors: Refer to Attachment 1 Page 1 of 3 B. PUBLIC CONVENIENCE — Will the work result in significant delays for transportation, services, or other customer needs if done only during the day and within the hour restrictions set out in other parts of ECC Chapter 5.30? The work performed within the right-of-way will require a lane closure and completing this work outside of typical ferry commute hours will minimize impacts to the public. C. PUBLIC SAFETY —Does working at night significantly improve safety conditions for the traveling public and/or construction workers? In addition to the work proposed adjacent to the public sidewalk, a large portion of the proposed work will occur on private property, inside the Westgate Village construction zone. Performing the work during the night will reduce potential conflicts with on -site workers and the general public. 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 proposed work is located adjacent to State Route SR-104 and surrounded by predominantly commercial businesses. 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? A power outage to Bartell Drugs would have a much greater impact to the business and it's patrons if it were to occur during their normal business hours. F. NOISE REDUCTION MEASURES — Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? The applicant has indicated they will complete as much heavy construction and excavation as possible during normal working hours, as well as all advanced preparatory work that will not require a power outage. This effort will allow the after-hours work to be completed as safely and as quickly as possible. 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 9pm — 7am. 2. The noise variance is granted for work beginning on a Friday night near the end of May 2019. The City shall be notified 24-hrs in advance of work start. 3. Construction activity and associated traffic control shall be performcd consistent with separately approved right-of-way construction permit. Page 2 of 3 4. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises. IV. APPEALS Type I permit decisions may be appealed by a party of record to Snohomish County superior court within 21 days of the date of the decision pursuant to ECDC 20.07.006. V. PARTIES OF RECORD City of Edmonds 121 5' Avenue North Edmonds, WA 98020 VI. ATTACHMENTS 1. Application File - STF20190011 Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Chris Rivera, Engineering Technician DS Admin Snohomish County PUD Attn: David Cerdenola PO Box 1107 Everett, WA 98206 Page 3 of 3 Date: March 25, 2019 To: City of Edmonds Development Services From: David Cerdenola, Snohomish County PUD, Distribution Engineering Services Subject: City of Edmonds Noise Ordinance Variance Request Snohomish PUD Distribution Engineering Services is requesting of City of Edmonds Development Services that the PUD be granted administrative permission to allow electrical service construction activity to be done between the hours of 9:00 PM to 7:00 AM (i.e. night work) to serve City of Edmonds commercial customers noted below. This request constitutes a variance request in accordance with Edmonds Community Code 5.30.110. Name of Affected Customers: Bartell Drugs (23028 100t" Ave. W, Edmonds) Location of Work to be conducted: 10032 Edmonds Way, Edmonds Anticipated Duration of Outage Needed for This Work: 7 to 10 hours (approximately). Date Range Within Which Work To Be Conducted: Any Thursday/Friday, Friday/Saturday, Saturday/Sunday. Hours of work will be between 9:00 PM to 7:00 AM for a 6 to 10 hour duration as described above. Requested Variance Action Target Date: TBD. This request for a variance exemption is submitted for the following reasons: 1. To complete the work described above with minimal disruption to the affected commercial business' normal operating hours this work needs to occur during night time or weekend hours. 2. This work, when done during night time hours will avoid significant disruption of normal traffic, resident's normal activities or other customer needs and reduce public inconvenience. 3. Public safety is enhanced by scheduling this work during night time hours when fewer community members and customers of affected businesses are walking or driving in the vicinity of the planned work. 4. The PUD will undertake the above described work in a manner to limit the necessary noise to the minimum level attainable with the equipment to be used. Verbal communications among PUD crew members during conduct of the work will be made with quiet noise levels in mind. 5. The PUD's strategy includes completing advance preparatory work without an outage and with minimal impact to traffic and other business activities during normal daytime work hours. Variance Submittal Contact Person: Project Engineer (David Cerdenola), Distribution Engineering Services, Snohomish PUD: 425.783.5107; dccerdenola@snopud.com _4� OF EDP O �O Est. 1 890 DEVELOPMENT SERVICES WORK HOURS VARIANCE REQUEST FORM 12151' Avenue N, Edmonds, WA 98020 Phone 425.771.0220 0 Fax 425.771.0221 PROJECT NAME: PERMIT(S) #: Westgate Village ENG20180540 PROJECT ADDRESS: 10032 Edmonds Way, Edmonds, WA 98020 APPLICANT: Phone: David Cerdenola (Snohomish County PUD) 425-783-5107 Address (Street, City, State, Zip): E-Mail: PO Box 1107, Everett, WA 98206 dccerdenola@snopud.com PROPERTY OWNER: Phone: Westgate Village LLC (Anthony Jansen) 206-290-0958 Address (Street, City, State, Zip): E-Mail: 10032 Edmonds Way, Edmonds, WA 98020 anthonyj@henbart.com CONTACT PERSON: (This person must be available at all times that Phone: extended work is being performed) TBD Foreman TBD. Contact Info will be provided min. 72hrs prior to work Address (Street, City, State, Zip): E-Mail: PO Box 1107, Everett, WA 98206 TBD CONTRACTOR: Phone: Snohomish County PUD 425-783-5107 Address (Street, City, State, Zip): E-Mail: PO Box 1107, Everett, WA 98206 dccerdenola@snopud.com DATES AND TIME OF EXTENDED WORKTIME REQUESTED: WA State Contractor License #/Exp. Date: Thurs/Fri, Fri/Sat, Sat/Sun: 9:OOPM - 7:OOAM. Duration of work to be between 8-10 hours. City of Edmonds Business License #/Exp. Date: DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES: New power pole will be installed as described in permit # ENG20180540. PUD will then reroute an existing UG cable from its current location at location B to the new pole at location C. This work involves removing the existing UG cable and pulling in the new UG cable. The crew will then connect the new UG cable to the existing OH lines to energize the existing system. The replacement/reroute of the UG cable will require an outage to Bartell Drugs at 23028 11 Oth Ave W, Edmonds. UG work will occur on private property and the OH work in the ROW 0 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. David Cerdenola Print Name: / 3/25/19 Signature: _- - Date: FORM B V:\DESKTOP\Work Hours Variance Fonn B 2017.docx Updated: 09/25/2017 ATTACHMENT 1 REQUIREMENTS FOR WORK HOURS VARIANCE PERMITTING & DEVELOPMENT BUILDING DIVISION 121 5th Avenue N P: 425.771.0220 www.edmondswa.gov The Code: Based on ECC 5.30.110 Sounds exempt during daytime hours: Section B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, excluding Sundays and federal holidays. 5.30.120 Variances. A. Variances may be granted to any person from any requirement of ECC 5.30.040 (maximum permissible sound levels) or 5.30.110 if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of non -availability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. C. Variances shall be processed as a Type 1 permit procedure under ECDC 20.01.003.13, 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:vDESKTOPvWork Hours Variance Fonn B 2017.docx Updated: 09/25/2017 1. Public convenience —The afterhours request is being made to accommodate the business hours of Bartell Drugs at 23028 1001h Ave W, Edmonds. Work being completed will require an outage to the business and in order to minimize the impact we are requesting a noise variance. A major portion of the afterhours work will occur on private property with minimal impact, if any, to the public. (A copy of the work sketch for the work being completed on private property is attached.) The OH work that will occur in the ROW will cause a lane closure, but due to the time of work should not have a significant traffic impact. 2. Public Safety — Due to the hours of the noise variance request, both foot and vehicular traffic should be greatly reduced. As stated above, a large portion of the work will occur on private property inside the construction zone with minimal impact to the public. The work occurring in the ROW will cause a lane closure. The work occurring after hours should lessen the traffic impact in the area. 3. Public Exposure — This work is being completed in a predominantly commercial area setting. The neighboring buildings are commercial and operate during normal commercial hours. 4. Public cost —The PUD work being done should have not any impact on public costs. S. Noise reduction measures - Our "Noise Reduction Measures" will involve completing as much heavy construction and excavation as possible during normal working hours, minimizing the moving of our vehicles once they are set up at the worksite, and completing our after-hours work as safely and quickly as possible. The PUD will undertake the described work in a manner to limit the necessary noise to the minimum level attainable with the equipment to be used. All advanced preparatory work that will not require an outage will be during normal daytime work hours. �l Pun LAYOUT LEGEND: PAD MOUNTED TRANSFORMER ® SUBMERSIBLE TRANSFORMER Q ABOVE GROUND J-BOX 0 SUBMERSIBLE J-BOX Q SECONDARY VAULT PULLING VAULT O SWITCH CABINET © SMALL SECONDARY PEDESTAL © LARGE SECONDARY PEDESTAL SL STREET LIGHT PEDESTAL PRIMARY UNDERGROUND CABLE ----------- #350 SECONDARY UNDERGROUND CABLE - - - - - - - - 4/0 SECONDARY UNDERGROUND CABLE 1/0 SECONDARY UNDERGROUND CABLE --—--STREET LIGHT CABLE SERVICE CONDUIT Q POLE AND OVERHEAD LINE PROPERTY LINE — RIGHT-OF-WAY LINE U EXISTING UNDERGROUND CABLE EXISTING DUCT — FUTURE DUCT ------- S------ SANITARY SEWER/MANHOLE ------- D -----fl STORM DRAIN/CATCH BASIN ------- W ------ WATER MAIN/METER Y FIRE HYDRANT + STREET LIGHT * UNDERGROUND LOCATOR MARKER SCHEMATIC: REFER TO SHEET 1 VAULT INSPECTION FORM: REFER TO SHEET 3 CONSTRUCTION NOTES: AT NEW POLE INSTALL 30 UGND TERM ASSY (12U308). INSTALL (3) 1/0 AL 15KV TERMS (T1013). INSTALL (3)100 AMP FUSES (Ell 0)+ INSTALL CABLE TAGS PER SCHEMATIC. AT VAULT A-36534 REMOVE (3)200A DUST CAPS INSTALL (3) 1/0 AL 15KV UGN TRANSFORMER 7200-208/120V BY PUD OR PUD'S CONTRACTOR A-51989 750 KVA UTC SER MAKE VAULT BY CUSTOMER A-51989 9'4" 5'4" 4' CONCRETE VAULT W/A 8' x 9' x 6" COVER W/A 50' x 18" ACCESS HOLE & A 5'4" x 4' x 6" COVER W/A 3' x 3' DIAMOND PATE LID 'S_ PLI 2210 A-36534 OG EXISTING o 11.1-11-1111-111. INSTALL CABLE TAGS PER SCHEMATIC. AT VAULT A-51989 i INSTALL 750 KVA 208/120V PDMT XFMR (BD13ZW). INSTALL (3) 1/0 AL 15KV UGND PRI LB ELBOWS (T1105). CONNECT 10 RUNS OF CUSTOMER OWNED QUAD SEC ((4)RUNS OF 600 MCM AL & (6) RUNS OF 700 MCM AL). INSTALL CABLE TAGS PER SCHEMATIC. / TRACT CABLE ALL FOOTAGES APPROXIMATE BY PUD OR PUD'S CONTRACTOR FROM NEW POLE TO A-36534 140' OF TPX 1/0 AL 15KV CNCTRC NEUT JCKTD PRI IN 4" HOPE MAKE PO REEL FT MARK TO FROM A-36534 TO A-51989 120' OF TPX 1/0 AL 15KV CNCTRC NEUT JCKTD PRI IN 4" HOPE MAKE PO REEL FT MARK TO CABLE NOTES: FROM PLI 2210 TO A-36534, REMOVE PRIMARY UGND CABLE#S 56660 THRU 56662. TOTAL FOOTAGE: 80' D U C T BY CUSTOMER O 110' OF 4" PVC © 90' OF 4" PVC POLE TO BE REMOVED ON 'o_ ORD# 10002326 Pee, 0030 S Pee, p0 os 3 A-/ inQ LAYOUT S 0 '_ TO BE ALLED ON # 100023265 0030 'S•-----------i o � O � 3 N I i Q EXISTING N = BUILDNG H O 3 N NORTH LOCATION 10032 EDMONDS WAY.EDMONDS 98020 AREA LYNNWOOD POLE No NEW POLE NW1/4S36 T27 R3 DATE 8/24/18 ORDER 100023265 ENGINEER CERDENOLA REASON FOR WORK PROVIDE 30 PRIMARY OPERATION 0060 UNDERGROUND SERVICE FOR DRAFTER C. CORTESE aPPROVED a DATE UGND NO 11026-2 SCALE NOTED WESTCATE VILLAGE DATE WORK COMPLETED FOREMAN ENG AS -BUILT VERIFICATION ❑ PHASING, TAPS & FUSING INSPECTOR SUBSTATION WESTGATE ❑ POLE & VAULT STENCILS CIRCUIT NO 12-405 PHASE 1 2 33 DATE ❑ CABLE TAGS FEES REQ'D 0YES ONO ❑FRAMING ❑EQUIPMENT LOCATION VERIFIED BY DATE ROAD CROSSINGS ONLY PRIMARY OVERHEAD ❑ RESIDENTIAL ❑ COMMERCIAL APPV DATE DESCRIPTION REVISIONS LEOx Mt =f APPV NO. DATE DESCRIPTION PRIMARY UNDERGROUND ❑ RESIDENTIAL PERMITS (DATE GRANTED) ❑ COMMERCIAL ❑ TREE TRIM BASIC FEE S EU• ❑ STATE ❑ COUNTY •EDMONDs ❑ SECONDARY UNDERGROUND BASIC FEES EASEMENTS ■ REQUIRED a S E- ❑ NOT REQUIRED REQUEST NO. DATE APPROVED FOREIGN CONTACTS ❑ JPNx ❑ JOINT TRENCH FRONTIER & CATV ❑ JOINT BORE FRONTIER & CATV POLE STENCILING FROM TO TAKE OFF POLE WORK IN RIGHT OF WAY ❑ PRIMARY ❑ SECONDARY FT m S = f AS -BUILT APPV NO. DATE DESCRIPTION PRE-CONSTR REQUIREMENTS ❑ TREE TRIM ❑ PUD LOCATOR ❑ BACKHOE ❑ MISCELLANEOUS FEES VAULT S ❑ ONE CALL DATE PERMIT S x STREET LIGHTING S S ❑ YES ❑ NO 3 M&R AS -BUILT TOTAL DUEL GIS DATE PAID IGIS QCJ M&R RECEIPT• GIS Phl IJOINT USE ENGINEER DAVID CERDENOLA CUSTOMER ANTHONY JANSEN LOCATION MAP PAGE 474, Gl PHONE (425)783-5107 PHONE (206)290-0958 PRINTED CELLULAR (425) 308-2927 CELLULAR VICINITY MAP c TAGS Z o 01 VAULT: A-51989 CABLE: 104988 THRU 104993 O 8� 01 N 40