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Staff Decision with Attachments.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: SR-104 Edmonds Ferry Terminal Painting Preservation Applicant: Akberct Ghebreghzabiher, WSDOT/WSF File Number: STF20180007 Associated Permit(s): NPDES, HPA Application ID 11304 Date of Decision: March 26, 2018 Reviewed By: Shane Hope, Development Services Director Leif Bjorback, Building Official Jeanie McConnell, Engineering Program Manager I. INTRODUCTION The applicant has applied for a temporary noise variance (Attachment 1) for 30 non-consecutive nights for the SR-104 Edmonds Ferry Terminal Preservation project. The project proposes to rehabilitate and preserve the integrity of the Edmonds Ferry Terminal by pressure washing the entire facility, cleaning and painting the wing walls, vehicle transfer span, towers, tower piles, apron, headframe, overhead loading and offshore dolphins. Work is proposed Monday -Thursday nights between July 9, 2018 and September 30, 2018. The following is staff s analysis and decision on the proposal. II. FINDINGS AND CONCLUSIONS A. GENERAL INFORMATION 1. Request: The applicant is requesting a noise variance for work proposed as part of the SR-104 Edmonds Ferry Terminal Painting Preservation 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 administrativc dccision pursuant to ECDC 20.75.050.C. 3. Project Owners: WA State Department of Transportation/WA State Ferries 4. Applicant: Akberet Ghebreghzabiher, WSDOT 5. Location: Edmonds Ferry Terminal — 71 West Main Street 6. Activities, Equipment and Factors: Refer to Attachments 1, 2 & 3 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? Proposed work will take place at the Edmonds Ferry Terminal. Work performed during daytime hours will result in significant delays for transportation, services, or other customer needs. C. PUBLIC SAFETY —Does working at night significantly improve safety conditions for the traveling public and/or construction workers? Performing work at night will avoid ferry interruptions and it will minimize roadway hazards to workers and traveling public through the construction zone while minimizing traffic backups and delays. D. PUBLIC EXPOSURE — What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in a mostly residential area? Proposed work will take place at the Edmonds Ferry Terminal, on the west side of the railroad tracks. 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? Work performed during daytime hours will result in significant delays for transportation, services, or other customer needs. F. NOISE REDUCTION MEASURES — Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? Refer to attachment 1 — Construction Noise Mitigation for Nighttime Operations. Reasonable steps will be taken to reduce the impact of noise outside standard hours. III. DECISION Based on the Findings of Fact and Conclusions, the following decision is issued by the City of Edmonds Development Services Department. The noise variance, is APPROVED with the following conditions: 1. The noise variance is limited to the hours of 7pm — 5am. 2. The noise variance is granted for 30 non-consecutive nights between July 9, 2018 and September 30, 2018. The noise variance is granted for work on Monday, Tuesday, Wednesday, and/or Thursday 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 shall be limited to work outside the right-of-way. Should work require use of the City right-of-way, a separate ROW construction permit shall be obtained prior to work start. 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 2. Email with Additional Info 3. Plan File - STF20180007 Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Chris Rivera, Engineering Technician DS Admin WSDOT Akbcret Ghebreghzabiher Ghebrea@ws dot. wa. gov 15700 Dayton Ave N Shoreline, WA 98133 Page 3 of 3 DEVELOPMENT SERVICES WORK HOURS VARIANCE REQUEST FORM 121 5`" Avenue N, Edmonds, WA 98020 Phone 425.771.0220 2 Fax 425.771.0221 PROJECT NAME: OTHER PERMIT(S) ISSUED FOR PROPOSED SR104 Edmonds Ferry Fcrrninal Painting Prescrvation WORK #: NPDES (Ferry & terminal washing general Permit) HPA App ID: 11304 PROJECT ADDRESS: SR 104 Edmonds Washington APPLICANT: Phone:206-440-4547 Akberet Ghebreghzabiher Address (Street, City, State, Zip): E-Mail: Ghebrea@wsdot.wa.gov 15700 Dayton Avenue North, Shoreline, WA. 98133 PROPERTY OWNER: Phone: (206)-440-4547 Washington State Department of Transportation (WSDOT/WSF) Address (Street, City, State, Zip): E-Mail: Ghebrea@wsdot.gov.wa 15700 Dayton Avenue North, Shoreline, WA. 98133 CONTACT PERSON: (This person must be available at all times that Phone: extended work is being performed) Thomas E. Castor (206)-515-3727 Address (Street, City, State, Zip): E-Mail: CASTOR(a)wsdot.wa.gov Washington Ferries 2901 3rd Avenue Suite 500 Seattle WA. 98121 CONTRACTOR: Phone: N/A at this time Address (Street, City, State, Zip): E-Mail: N/A DATES AND TIME OF EXTENDED WORKTIME REQUESTED: WA State Contractor License #/Exp. Date: For 30 non-consecutive nights, Monday to Thursday nights Between July 9, 2018 and September 30, 2018. City of Edmonds Business License #/Exp. Date: N/A DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES: WSDOT is planning preservation to the Edmonds Ferry Terminal by pressure washing the entire facility, cleaning & painting the Wingwalls, Vehicle transfer span, towers, tower piles, apron, headframe, overhead loading and offshore dolphins. ❑ A RATIONALE FOR THE PROPOSAL SHALL BE SUBMITTED IN ADDITION TO THIS FORM. PLEASE REFER TO THE WORK HOURS VARIANCE REQUEST HANDOUT WHICH ASKS FOR AN EXPLANATION OF HOW THE ACTIVITIES WILL COMPLY WITH THE REQUIREMENTS OF THE VARIANCE ORDINANCE. Print Name: Akberet Ghebreghzabiher Signature: Date: 02/22/2018 FORM B J:\Air, Noise, Energy\412110a\Akberet\Noise Variance\Noise Variances_2018\Edmonds Ferry Terminal\Noise Variance -Form for SR 104 Edmonds Ferry Terminal.docx Updated: 09/25/2017 Attachment REQUIREMENTS FOR WORK HOURS VARIANCE PERMITTING & DEVELOPMENT BUILDING D IVISI ON 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 J:\Air, Noise, Energy\412110a\Akberet\Noise Variance\Noise Variances_2018\Edmonds Ferry Terminal\Noise Variance -Form for SR 104 Edmonds Ferry Terminal.docx Updated: 09/25/2017 AIIIIIIIIIIIIIINk Washington State VAf Department of Transportation 02/22/2018 Jeanie McConnell Engineering Program Manager City of Edmonds Development Services Department 121 5th Ave N Edmonds, WA 98020 Northwest Region 15700 Dayton Avenue North P.O. Box 330310 Seattle, WA 98133-9710 (206) 440-4000 TTY: 1-800-833-6388 www.wsdot.wa.gov RE: 30-Night Temporary Noise Variance Request SR 104 Edmonds Ferry Terminal Preservation Project — C9150 Dear Ms. McConnell: The Washington State Department of Transportation, Ferry Division (WSDOT/WSF) requests a 30-night temporary noise variance for the SR 104 Edmonds Ferry Terminal Preservation project within the City of Edmonds. WSDOT requests temporary relief from the requirements of Washington Administrative Code (WAC) 173-60-040 and from the requirements of the Edmonds City Code (ECC) 5.30.40 through the variance processes allowed under ECC 5.30.120. This would allow WSDOT contractors to work for 30 non-consecutive nights within the City of Edmonds between July 9, 2018 and September 30, 2018. Project Description The project proposes to rehabilitate and preserve the integrity of the Edmonds Ferry Terminal by pressure washing the entire facility, cleaning and painting the wingwalls, vehicle transfer span, towers, tower piles, apron, headframe, overhead loading and offshore dolphins. Construction Activities and Equipment Construction activities on this project consists of cleaning the ferry terminal by pressure washing the entire facility and painting. The equipment we anticipate will be required limited to Air Compressor, Pressure Washings, in the Water and miscellaneous hand tools. Traffic Limitations completing this work includes, but may not be Needle Guns, Grinding with power tools, Boat WSDOT is planning a portion of the construction of this project to occur at night. The work on the transfer span, apron and wingwalls at Edmonds Ferry Terminal requires night work, because of the operational needs and vessel landings occur frequently during the daytime. If the construction work is to be performed during the daytime, it will result in significant delays for transportation, services, or other customer needs. Performing work at night will avoid ferry interruptions and it will minimize roadway hazards to workers and the traveling public through the construction zone while minimize traffic backups and delays. Lane closures and shoulder closures will be permitted Monday 7:00 p.m. to Tuesday 5:00 a.m. Tuesday 7:00 p.m. to Wednesday 5:00 a.m. Wednesday 7:00 p.m. to Thursday 5:00 a.m. Thursday 7:00 p.m. to Friday 5:00 a.m. WSDOT requests 30 non-consecutive nights to be used intermittently throughout the duration of this project. The scheduled advertisement date for the contract is March 26, 2018. We anticipate that this project will begin construction by July 9, 2018 and will complete this work by September 30, 2018. Construction Noise Mitigation for Nighttime Operations WSDOT is committed to reducing the inconvenience felt by those living near this project and will make reasonable efforts to minimize sound levels caused by nighttime work. To that end, WSDOT will require the contractor to adhere to the following noise reduction measures: Truck tailgate banging is prohibited. All truck tailgates shall be secured to prevent excessive noise from banging. 2. A copy of noise exemption shall be kept on the project site at all times. 3. Provide a WSDOT complaint number as well as a list of designated contact persons for the purpose of forwarding complaints. 4. Stationary equipment, such as light plants, generators, and compressors, shall utilize WSDOT approved noise mitigation shields, noise blankets, skirts, or other means available as approved by the Engineer. 5. Lighting will be turned facing off -shore (towards water) therefore no impact of lighting to property owners. 6. The Contractor shall distribute Nighttime Work Mail Notification to residents within 500 feet of the work zone. The Contracting Agency shall review and approve the form and content of any notification, prior to distribution by the Contractor. The Contractor shall provide the notification draft to the Engineer at least 14 working days prior to the start of nighttime work. The construction Project Engineer in charge of administering the contract is: Thomas E. Castor MARINE PROJECT ENGINEER. 2 901 3rd Ave Suite 500 Seattle, WA 98121-3014 CASTOR(o-)-wsdot.wa.gov Phone: 206-515-3727 (x3727) Fax: 206-515-3740 Should construction activities, associated with this project, cause noise impacts and a noise complaint is received, we request your help resolving the complaint by notifying the Project Engineer within 24 hours of occurrence. Your attention to this matter is greatly appreciated. If you should have any questions, please call me at (206) 440-4547. Sincerely, Akberet Ghebreghzabiher Air Quality, Acoustics and Energy Specialist Ghebrea(a-)_wsdot.gov.wa AG:ag Attachments: Application Form Site Plan Sheet 3 From: Ghebreqhzabiher, Akberet To: McConnell, Jeanie Subject: RE: Temporary Noise Variance WSDOT Project Date: Tuesday, February 27, 2018 4:14:08 PM Good Afternoon Jeanie, Please see the response to your questions. 1. Permit applications and associated approvals by other agencies (DOE, WDFW, etc) - NPDES (bridge and ferry terminal washing general permit) HPA- Application ID: 11304 2. Project plans showing proposed work, including methods to control discharge of pollutants - If the contractor is using high pressure as defined in the NPDES, we will use 100# filter fabric. If they are using lower than "high pressure" but there are paint chips or other materials coming off the structure, we will also use 100# filter fabric. The NPDES permit requires dry cleaning in advance of any water cleaning. The low pressure would technically be considered maintenance cleaning and not pre -painting whereas the high pressure is considered pre -painting. - Attached pdf is showing proposed work. 3. Project plans addressing the impact of construction lighting on adjacent properties" - Lighting will be turned facing off-shore(towards water) therefore no impact to of lighting to property owners. Most of this work will occur under bridge. Thanks, Akberet Ghebreghzabiher Air Quality Acoustics & Energy Programs WSDOT Environment Services Office 206-440-4547 Fax: 206-440-4805 From: McConnell, Jeanie [mailto:Jeanie.McConnell @edmondswa.gov] Sent: Monday, February 26, 2018 9:46 AM To: Ghebreghzabiher, Akberet <GhebreA@wsdot.wa.gov> Subject: RE: Temporary Noise Variance WSDOT Project Good morning Akberet, We received the noise variance application, but I wanted to inquire about the additional information requested in my email of February 8th (below). I have not received anything additional from WSDOT Attachment 2 regarding this project. Can you please let me know when I could expect to receive this information? Thank you, Jeanie From: Ghebreghzabiher, Akberet [mailto:GhebreAna wsdot.wa.gov] Sent: Thursday, February 8, 2018 7:20 PM To: McConnell, Jeanie <Jeanie.McConnell (@edmondswa.gov> Cc: Bjorback, Leif <Leif.BjorbackPedmondswa.gov>; English, Robert <Robert.English (@edmondswa.gov>; Richardson, Zachary <Zachary. Richardson(@edmondswa.gov>; Williams, Phil <Phil.Wllliams(@edmondswa.gov>; Chave, Rob <Rob.Chave (CD edmondswa.gov> Subject: RE: Temporary Noise Variance WSDOT Project Thank you for the instructions below for the Edmonds Ferry Terminal Improvements project. I will gather the required information and submit by Tuesday next week. How long does the process take once everything is submitted? Thanks, Akberet Ghebreghzabiher Air Quality Acoustics & Energy Programs WSDOT Environment Services Office 206-440-4547 Fax: 206-440-4805 From: McConnell, Jeanie[mailto:Jeanie.McConnellPedmondswa.gov] Sent: Thursday, February 8, 2018 1:05 PM To: Ghebreghzabiher, Akberet <GhebreA(cDwsdot.wa.gov> Cc: Bjorback, Leif <Leif.Bjorback(@edmondswa.gov>; English, Robert <Robert. English CcDedmondswa.gov>; Richardson, Zachary <Zachary. Richardson(@edmondswa.gov>; Williams, Phil <Phil.Wllliams(@edmondswa.gov>; Chave, Rob <Rob.Chave(@edmondswa.gov> Subject: Temporary Noise Variance WSDOT Project Good afternoon Akberet, Thank you for reaching out regarding the proposed Edmonds Ferry Terminal improvements. Your email included the following information/inquiry: The Washington State Department of Transpiration is planning a nighttime improvement of SR 104 Kingston Ferry Terminal by cleaning and painting of the wing walls, passenger overhead loading, vehicle transfer span, towers and tower piles as well as apron and off- shore dolphins. The project AD Date is March 26, 2018 and construction is planned for 20 nights between June 2018 and September 2018. I would like to inquire the requirements, the process and any fees associated to obtain a noise variance. I hope you are the right contact to help me with my inquiries, if not please direct me to the right contact. In order to provide you with the most accurate information regarding City requirements, please provide the following information as it pertains to the subject project: 1. Permit applications and associated approvals by other agencies (DOE, WDFW, etc) 2. Project plans showing proposed work, including methods to control discharge of pollutants 3. Project plans addressing the impact of construction lighting on adjacent properties I have attached to this email an application form pertaining to the City's Noise Variance process. Please let me know if you have any questions. Otherwise, we look forward to receiving additional project information from you. Regards, Jeanie Jeanie McConnell = Engineering Program Manager jeanie.mcconnellPedmondswa.gov 425-771-0220, ext 1338 Web Map: www.maps.edmondwa.gov Permit Center Hours: M, T, Th, F - 8:OOam - 4:30pm Wednesdays-8:30am - noon NORTH OUTER DOLPHIN, SEE SHEET CO3.02 PHASE 1 i PHASE 2 I ► I I I NORTH INTERMEDIATE I DOLPHIN, SEE SHEET I CO3.01 I I TRANSFER SPAN, I TRESTLE AND OHL TOWERS, AND I SEE SHEET C04.00 WING WALLS SEE I CONTRACTOR SHT CO2.00 STAGING AREA L40' X 8"�-------- I ------------------------ I I I I I I a am a aaB ! � a _---- o _------------- r I I SOUTH OUTER DOLPHIN, I I SEE SHEET CO3.02 I SOUTH INNER DOLPHIN, SEE SHEET CO3.00 I SOUTH INTERMEDIATE DOLPHIN, SEE SHEET CO3.01 I ®m I I I I I I I j I 60% Submittal NOT TO BE USED FOR CONSTRUCTION Mt: G:\Pro'\ED\18XO51-Paintin -Preservation\PE\PE-PD\CAD\-ControctPlans\60%\18X051 : 10:03:17 AM 2/8/2018 LAST PRINTED BY, FED.AID PROJ.NO. AL DATE: 2/8/2018 MtK,!gR D BY: 2/8/2018 - WA - BY: M. MORIN 2/8/2018 EGI ON NO STATE BY: 2/8/2018 10 IWASI J ENGR: T. CASTOR 2/8/2018 JOB NUMBER R MNGR: G. RUCKI X 51 CONTRACT NO. CRETARY: A. SCARTON REVISION DATE BY 0 50 100 SCALE 1" = 100' I . 0 0 . d I v NOTES: 1. CONTRACTOR'S STAGING AREA IS PROVIDED AS SHOWN ON THIS SHEET. 2. CONTRACTOR IS ALLOWED TO WORK THE FOLLOWING HOURS: MONDAY - FRIDAY 3. CONTRACTOR SHALL CLEAN AND PAINT THE FOLLOWING STRUCTURES: WINGWALLS, TRANSFER SPAN, APRON, TOWERS, TOWER PILES, HEADFRAME AND OFF -SHORE STEEL DOLPHINS. 4. CLEANING, SEALING AND CAULKING PACK RUST AS DIRECTED BY THE ENGINEER. ---------------------------=�, ADDITIONAL CONTRACTOR STAGING AREA MAY BE ACQUIRED FOR STORING EQUIPMENT, MATERIAL. 50"xl5" k k 0 / © � � IIIIIIIIIIII 0j 0 SR 1 04 EDMONDS FERRY TERMINAL PAINTING PRESERVATION Washington State Department of Transportation WASHINGTON STATE FERRIES SITE PLAN Attachment 3 c0i°00 SHEET 4 OF 18 SHEETS