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HomeMy WebLinkAboutDoc 657 - Noise Permit - ODOT - Powell B HwyDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -196) (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or REQUEST & STAFF REPORT For Board Business Meeting of December 7, 2009 Please see directions for completing this document on the next page. DATE: November 18, 2009 FROM: Anthony Raguine Community Development Department 617 -4739 TITLE OF AGENDA ITEM: Consideration of Board Signature of Deschutes County Document No. 2009 -657, a Noise Permit to allow the Oregon Department of Transportation (ODOT) to utilize the Powell Butte Highway stockpiling site between the hours of 10 pm to 7 am. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: ODOT is requesting a Noise Permit to utilize the Powell Butte Highway stockpiling site between the hours of 10 pm and 7 am. Activities at the stockpiling site would include transporting construction materials to and from the site; equipment operating within the site to load and unload materials; and equipment operating on -site to move materials within the site. This stockpiling site would be used in conjunction with a repaving and repair project occurring within the City of Bend. The construction work would occur within the City of Bend limits, along Highway 20 between Purcell Avenue and just east of NE Providence Drive. ODOT indicates that this work is necessary to repair ; nd repave ruts along the above - referenced section of Highway 20. The construction work would also include repairs to the drainage systems at Windy Knolls Drive and 27th Street. For the purposes of this Noise Permit, the work at the stockpiling site and the vehicle traffic along Highway 20 from the stockpiling site to the City of Bend limits are the only portions of the constructi 3n project that are subject to the requested Noise Permit. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Board signature of Document No. 2009 -657, a Noise Permit to allow ODOT to utitlize the Powell Bute Highway stockpiling site between the hours of 10 pm and 7 am. ATTENDANCE: Anthony Raguine DISTRIBUTION OF DOCUMENTS: Anthony Raguine Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701 -1925 (541)388 -6575 FAX (541)385 -1764 http: / /www.co.deschutes.or, us /cdd/ STAFF REPORT TO: Deschutes County Board of County Commissioners FROM: Anthony Raguine, Senior Planner DATE: November 17, 2009 HEARING: December 7, 2009 SUBJECT: Public Hearing for a Noise Permit, SOP -09 -1 PURPOSE The Deschutes County Board of County Commissioners ( "Board ") will hold a public hearing to consider a proposal by the Oregon Department of Transportation (ODOT) for a Noise Permit. The permit is required by the Deschutes County Code (DCC) Chapter 8.08 Noise Control, for scheduled construction or maintenance between the hours of 10:00 p.m. and 7:00 a.m. For the purposes of the requested noise permit, only those activities which would occur outside of the City of Bend limits are subject to the noise permit. APPLICANT PROPOSAL The applicant, Oregon Department of Transportation (ODOT), has scheduled a maintenance project along Highway 20 from May 15, 2010 to September 30, 2010. The project would include a number of elements which would occur within the City of Bend: 1. Repaving Highway 20 from Purcell Avenue to east of NE Providence Drive, 2. Repair of drainage systems at Windy Knolls Drive and 27th Street, and 3. Upgrade ADA ramps, sidewalks, and signs as necessary. The only elements of the project which would occur outside of the City of Bend are the stockpiling operation at ODOT's Powell Butte Highway site (Location Map) and the vehicular route from the stockpiling site to the construction site. Construction materials and equipment related to the repaving and repair work would be stockpiled at the Powell Butte Highway site. ODOT's burden of proof indicates that the repaving and repair work is necessary to repair rut ,, along the above - referenced section of Highway 20. Poor drainage along this stretch of roadway has contributed to the deterioration of Highway 20. The rutting and drainage problems allow rain, snow, and ice to accumulate which cause dangerous driving conditions. It also allow,, standing water to seep into the pavement, further breaking up the roadway surface. For these reasons, ODOT has also scheduled repairs to the drainage systems at Windy Knolls Drive am i Quality Services Performed with Pride 27th Street. ODOT indicates that nighttime work is necessary to minimize traffic delays and decrease the risk of construction - related crashes on Highway 20. As stated previously, only the work at the Powell Butte Highway stockpiling site and the vehicle traffic along Highway 20 from the stockpiling site to the City of Bend limits, fall under the jurisdiction of the requested noise permit. The bulk of the project would occur within the City of Bend limits. 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 8.08.040(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, 3. the potential nature of the sound from vehicular traffic 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 December 7, 2009. 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 The need to use the Powell Butte Highway stockpiling site is based upon the need to repave a portion of Highway 20 and repair the drainage systems at Windy Knolls Drive and 27th Street. Should the Board determine that a public necessity exists, or make a finding based on criteria 1 or 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 stockpiling site would be an ODOT property at the intersection of Highway 20 and Powell Butte Highway. At the stockpile site, noise would be generated from vehicles transporting construction materials to and from the site; equipment operating within the site to load and unload materials; and 2 equipment operating on -site to move materials within the site including back -up alarms. According to the submitted plan, vehicles would enter from a driveway off of Powell Butte Highway and traverse a circular route within the site to reduce the need for backing which, in turn, would decrease the frequency of backup alarms. No batching or grinding would occur on- site. The site is bordered to the north by a privately -owned property developed with a single - family dwelling (17- 13 -31, tax lot 600); to the northeast and east by a private property developed with a single family dwelling (17- 13 -31, tax lot 803); to the south by Powell Butte Highway and Highway 20; and to the west by a vacant, privately -owned property (17- 13 -31C, tax lot 400). The closest dwelling to the stockpiling site is located approximately 300 feet to the northeast on tax lot 803, with mature trees between the stockpiling site and the house. The dwelling on tax lot 600 is approximately 500 feet northwest of the stockpiling site, also with mature trees between the site and the house. ODOT states that noise from the stockpiling site and along Highway 20 is not anticipated to exceed ambient noise levels generated from normal traffic. The "relative Toss and inconvenience" could include noise impacts to nearby properties, and traffic impacts to the public traveling along the route from the stockpiling site to the construction site between 10 pm and 7 am. Attachments: Proposed Draft Noise Permit Exhibit 1 - Location Map 3 REVIEWED LEGAL COUNSEL For Recording Stamp Only NOISE PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388 -6575 LOCATION: POWELL BUTTE HIGHWAY STOCKPILING SITE [Exhibit 1) FILE NUMBER: (SOP -09 -1) OWNER: OREGON DEPARTMENT OF TRANSPORTATION TYPE, DATES & TIME OF EVENT: STOCKPILING OF MATERIAL AND EQUIPMENT AT THE POWELL BUTTE HIGHWAY SITE BEGINNING May 15, 2010 AND ENDING ON OR BEFORE September 30, 2010. OPERATOR: ODOT, JAY DAVENPORT 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 CONSENT 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 TERM'S 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. Evidence in the record indicating a continuing deterioration of Highway 20 between Purcell Avenue and just east of Providence Drive, which would result in dangerous driving conditions; 2. The potential Toss of revenue and inconvenience to local residence and travelers should the highway be required to be closed during the day for the removal and replacement of the new pavement, and the repair of drainage systems; 3. The need to conduct nighttime operations to decrease the risk of construction - related crashes on Highway 20; 4. The contractor's ability to complete the removal of the existing pavement and construction of new paving, prior to inclement weather by the end of the September 30, 2010. Page 1 of 2 — ODOT SOP -09 -1 (December 7, 2009), Deschutes County Document No.2009 -657 CONDITIONS OF APPROVAL 1. Trucks delivering stockpile material to Powell Butte Stock Pile site will follow a general circular route to reduce the backing up alarm noise on vehicles. 2. The construction activities in Condition 1 may be conducted 24 hours each day, beginning at midnight on Sunday and ending at midnight on Friday. 3. The construction activities in Condition 1 may be conducted beginning May 15, 2010. 4. If residences exist on adjacent properties and no natural berm or sound barrier exists to reduce construction vehicle noise at the stockpiling sites then stockpiling will begin along the margins of the site creating berms to help reduce noise to nearby residence from the site. 5. This permit expires September 30, 2010. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS LUKE, Vice Chair Recording Secretary ALAN UNGER, Commissioner Page 2 of 2 — ODOT SOP -09 -1 (December 7, 2009), Deschutes County Document No.2009 -657 0 II °o ce Caves Project 0 4) 0 L M 0