HomeMy WebLinkAboutDoc 617 - Noise Permit - Hwy 97 - ODOT ProjectDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 2, 2013
Please see directions for completing this document on the next page.
DATE: October 24, 2013
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Public Hearing on an application (file no. SOP-13-l) from the Oregon Department of Transportation for
a Special Operating Permit to conduct road improvements on Highway 97 between the hours of 10:00
p.m. and 7:00 a.m. from April through October of2014.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of Transportation has requested a Special Operating Permit for the Highway
97 pavement preservation project between Mile Posts 123.16 and 132.67. ODOT has requested that
they be approved to work between the hours of 10:00 p.m. and 7:00 a.m. due mainly to the necessity of
lane closures. The project is anticipated to occur between April through October of2014. See the
applicant's attached burden of proof for the work being proposed.
FISCAL IMPLICATIONS:
None. The road project is funded through the State of Oregon.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval of the Noise Permit.
ATTENDANCE: Paul Blikstad,
DISTRIBUTION OF DOCUMENTS:
Planning Division staff will send notice to all parties of the Noise Permit.
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
NOTICE OF PUBLIC HEARING
The Deschutes County Board of Commissioners will hold a Public Hearing on Monday,
December 2, 2013 at 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services
Center, located at 1300 NW Wall Street in Bend, to consider the following request:
FILE NUMBER: SOP-13-1
SUBJECT: The request is for a Noise Permit (Special Operating Permit) to allow the
Oregon Department of Transportation (ODOT) to conduct night-time work
for the Highway 97 pavement preservation project. The timeframe for the
proposed Highway project is from April through October of 2014. The
work would take place between the hours of 7:00 p.m. and 7:00 a.m.
(SOP required for work done between 10:00 p.m. and 7:00 a.m.).
APPLICANT: Oregon Department of Transportation
LOCATION: The proposed road improvements are to occur between Mile Posts
123.16 and 132.67 on Highway 97.
ALL PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND
WRITIEN, SIGNED TESTIMONY. ALL WRITIEN COMMENTS MUST BE RECEIVED BY
THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITIED AT THE HEARING.
ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL
EVIDENTIARY HEARING, OR HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH
SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE.
Recipients of this notice may request a copy of the Staff Report (25 cents a page). Any person
submitting written comment or who presents testimony at the hearing will receive a copy of the
decision.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at the Planning Division at no cost, and can
be purchased for 25 cents a page. The staff report should be made available prior to the date
set for the hearing.
STANDARDS AND APPLICABLE CRITERIA:
Title 8, Deschutes County Health and Safety Code
Chapter 8.08, Noise Control, Section 8.08.080, Permits-Issuance
Quality Services Perjllrmeti witll Pride
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED
TO THE PURCHASER.
Staff Contact: Paul Blikstad, Senior Planner at (541) 388-6554; email address:
paul.blikstad@deschutes.org, if you have any questions.
Dated this __ day of October, 2013 Mailed this __ day of October, 2013
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
NOISE PERMIT
DESCHUTES COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
BEND (541) 388-6575
LOCATION: HIGHW 97 BETWEEN MILE POSTS 123.16 AND 132.67)
FILE NUMBER: (SOP-13-1)
APPLICANT: OREGON DEPARTMENT OF TRANSPORTATION
OWNER: OREGON DEPARTMENT OF TRANSPORTATION
TYPE, DATES &TIME OF EVENT: ROAD WORK FOR A HIGHWAY 97 PAVEMENT
PRESERVATION PROJECT, APRIL THROUGH OCTOBER 2014.
OPERATOR: OREGON DEPARTMENT OF TRANSPORTATION PHONE 541 388-6383
1. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS
COMPLETE.
2. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENTS TO ALLOW LAW
ENFORCEMENT TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN
GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS
AND CONDITIONS OF THE PERMIT AND DCC 8.16, AND ANY OTHER APPLICABLE
LAWS OR ORDINANCES.
FINDINGS for ODOT Noise Permit
The Board of County Commissioners ("Board") finds that a public necessity exists for granting
this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the
findings on evidence in the record and testimony at the hearing. These findings include:
1. The potential loss of revenue and inconvenience to local residence and travelers should the
highway be required to be closed during the day for the road project;
2. The need to conduct nighttime operations to minimize traffic delays, decrease the risk of
construction-related crashes on Highway 97, and comply with freight mobility regulations;
CONDITIONS OF APPROVAL
1. Trucks delivering to or loading from the Highway site, heavy equipment such as rollers,
paving machines, graders, etc. are all approved. Back-up alarms shall be avoided where
possible.
Page 1 of 2 -Oregon Dept. of Transportation SOP-13-1 (December 2, 2013),
Deschutes County Document No.2013-....... ,.
T i: i_. ~-/
2. The construction activities in Condition 1 are limited to 10:00 pm to 7:00 am, between April
and October, 2013.
3. This permit expires October 31, 2014.
DATED this __day of December, 2013. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
ATTEST: TAMMY BANEY, Vice Chair
I Recording Secretary ANTHONY DEBONE, Commissioner
Page 2 of 2 -Oregon Dept. of Transportation SOP-13-1 (December 2,2013),
Deschutes County Document No.2013