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Home My WebLink AboutDoc 510 - Noise Permit - SW Transfer Sta AccessDeschutes 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 August 8, 2012 Please see directions for completing tllis document on tile next page. DATE: July 26,2012 FROM: Paul Blikstad Department CD D Phone # 6554 TITLE OF AGENDA ITEM: Public Hearing on Document 2012-510, a Special Operating Permit (Noise Permit) for night work to be conducted by the County Solid Waste Department for the widening of Highway 97 (road safety improvements) to accommodate the Southwest solid waste transfer site (file no. SOP-12-l). PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Solid Waste Department is proposing road safety improvements to Highway 97 to accommodate the Soutwest solid waste transfer site. There is work that needs to be done during the night hours of 10:00 p.m. to 7:00 a.m., which requires the Noise Permit approval. The Department is requesting an approximate 2-week time frame for this work, from August 26 th toe September ih, with no more than 3 nights where the work would occur. FISCAL IMPLICATIONS: None. The project is already approved. RECOMMENDATION & ACTION REQUESTED: The Board will need to decide whether the noise permit should be granted for the proposed road project. The Planning Division recommends that the Board approve the Noise Permit. ATTENDANCE: Paul Blikstad, and Chad Centola -Solid Waste Department DISTRIBUTION OF DOCUMENTS: Planning Division staff will send notice to the applicant on the Board's decision on SOP-12-1. 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/ MEMORANDUM DATE: July 26,2012 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner RE: Special Operating Permit for a road project for the County Solid Waste Department PURPOSE The Deschutes County Board of Commissioners (Board) will hold a public hearing to consider a proposal by the County Solid Waste Department for a Noise Permit. The permit is required by the Deschutes County Code (DCC) Chapter 8.08, Noise Control, for scheduled construction between the hours of 10:00 p.m. and 7:00 a.m. APPLICANT PROPOSAL The County Solid Waste Department has scheduled a road construction project to provide a safer entrance to the Southwest Transfer Station near Highway 97. The project involves widening the highway to construct a left-turn lane for south bound traffic, and a deceleration lane for north bound traffic, all for the solid waste site. The night work is requested due to lower traffic volumes and requirements mandated by the Oregon Department of Transportation. The Solid Waste Department is requesting an approximate 2-week window to complete the night work for the project (August 26 through September 7th ), and the proposal is for work to be conducted 2-3 nights during that time frame. APPLICABLE APPROVAL CRITERIA Section 8.08.080. Permits-Issuance B. At a public meeting noticed in accordance with ORS 192.640, an agency contracting for scheduled construction or maintenance between the hours of 10:00 p.m. and 7:00 a.m. shall request a permit from the Board. Upon finding that the peace, quiet, comfort or repose of other persons will not be disturbed, or can be mitigated to an acceptable degree, or upon finding a public necessity exists, the Board may issue a permit allowing activities in DCC B.OBO.040(L) to take place between such hours and for such periods as they deem proper. In granting such a permit, the Board shall consider the following: 1. The location of the road repair, construction, building or other site, 2. The potential nature of the sound from the activity, Quality Services Performed with Pride 3. The potential nature of sound from vehicular trafflc to and from the site and the relative loss or inconvenience that would result to the persons affected. C. Permits issued by the Board may also include such restrictions or conditions that are necessary to safeguard the public peace. As required by Section 8.08.080{B), a public meeting has been noticed for August 8,2012, at 10 a.m. In order to grant a noise permit, the Board must first find that: 1. The peace, quiet, comfort or repose of other persons will not be disturbed, or 2. Can be mitigated to an acceptable degree, or 3. Upon finding a public necessity exists. Staff believes that given the distances to neighboring properties and dwellings, the work at night can be mitigated by the distance to these residences. Additionally, a public necessity exists in that lower volumes of traffic will allow the road work to be done more efficiently and with less disruption to traffic on the highway. Should the Board determine that a public necessity exists, or make a finding under 2 above, the Board must then consider the following in granting a noise permit: 1. The location of the road repair, construction, building or other site; 2. The potential nature of the sound from the activity; 3. The potential nature of the sound from the vehicular traffic to and from the project site and the relative loss or inconvenience that would result to the persons affected. The location of the road construction would be immediately adjacent to Highway 97 near the existing solid waste transfer station, between ODOT engineering station 1032+50 to station 1051 +00. This zone extends approximately 1,250 feet north and 600 feet south of the entrance to the Southwest Transfer Station. The nature of the sound from the construction will include engine, braking and back-up alarm operation from diesel trucks and heavy equipment, such as rollers, paving machines, graders, etc. There will also be truck traffic to and from the work zone for asphalt concrete deliveries. The Road Department estimates approximately 60 truck trips delivering asphalt each night of the paving. The Road Department states that two-way traffic will be maintained on Highway 97. There will be speed reductions through the work zone and potentially brief periods where traffic may be stopped for equipment movement. There are dwellings in the area and the applicant has indicated that the closest residence is approximately 2,500 feet west of the project area. The relative loss or inconvenience should be minimal due to the distance and density of vegetation along the highway. The Board has approved the MOU with ODOT for this project through Document No. 2012-282 . • 27thStaff recommends approval of the Noise Permit as requested, between August and September 7th • I have included the draft Noise Permit and the map and statement the Solid Waste Department submitted. REVIEWED LEGAL COUNSEL For Recording Stamp Only NOISE PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388-6575 LOCATION: SOUTHWEST TRANSFER STATION SITE (Exhibit 1) FILE NUMBER: (SOP-12-1) APPLICANT: DESCHUTES COUNTY SOLID WASTE DEPARTMENT OWNER: OREGON DEPARTMENT OF TRANSPORTATION TYPE, DATES &TIME OF EVENT: ROAD WORK FOR WIDENING HIGHWAY 97 TO INSTALL A LEFT TURN LANE, DECELERATION LANE, AND AN ACCELERATION LANE FOR THE ENTRANCE TO THE SOUTHWEST TRANSFER STATION SITE. AUGUST 26,2012,7:00 am, THROUGH SEPTEMBER 7,2012.11:59 pm, OPERATOR: DESCHUTES COUNTY SOLID WASTE DEPT PHONE 541 322-7172 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 decrease the risk of construction-related crashes on Highway 97; Page 1 of 2 -County Solid Waste Dept. SOP-12-1, Deschutes County Document No.2012-51 0 III 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. 2. The construction activities in Condition 1 are limited to no more than 3 nights total, from 10 pm to 7 am, between August 26,2012, beginning at 7:00 am, and September 7,2012, ending at 10:00 pm. 3. This permit expires September 8, 2012. DATED this __day of _____, 2012. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ATTEST: ALAN UNGER, Vice Chair Recording Secretary TAMMY BANEY, Commissioner Page 2 of 2 -County Solid Waste Dept. SOP-12-1, Deschutes County Document No.2012-510