Chapter 18.15
TRANSPORTATION CONCURRENCY MANAGEMENT*
Sections:
Division I. Transportation Impact Fees
(Recodified as Chapter 3.71 IMC by Ord. 2461)
Division II. Transportation Concurrency Management
18.15.210 Purpose.
18.15.220 Definitions.
18.15.230 Transportation concurrency certificate required.
18.15.240 Exemptions.
18.15.245 Administration.
18.15.250 Level of service.
18.15.260 Concurrency review.
18.15.270 Passing concurrency.
18.15.280 Concurrency certificate.
18.15.290 Failing concurrency.
18.15.300 Relationship to the State Environmental Policy Act.
18.15.310 Fees.
18.15.320 Appeals.
*Code reviser’s note: At the direction of the City, the provisions of Ord. No. 2184, adding Chapter 18.16 IMC, Transportation Concurrency Management, have been added as Division II of Chapter 18.15.
Prior legislation: Ords. 2184, 2193, 2241, 2242, 2243, 2285, 2301, 2321, 2336, 2350, 2362, 2370, 2372, 2412, 2434, 2439 and 2542.
Division I. Transportation Impact Fees
(Recodified as Chapter 3.71 IMC by Ord. 2461)
Division II. Transportation Concurrency Management
18.15.210 Purpose.
The purpose of this chapter is to:
A. Comply with the State Growth Management Act (GMA) by “prohibiting development approval if the development causes the level-of-service on a transportation facility to decline below the standards adopted in the transportation element of the Comprehensive Plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development”; and
B. Implement the transportation goals and policies adopted in the City’s Comprehensive Plan; and
C. Support alternative modes of transportation including sidewalks and trails, bicycle lanes and transit; and
D. Balance the City’s transportation concurrency goals with Policy HS 3.1 – Support quality education by exempting public schools from the requirements of this chapter. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.220 Definitions.
The following definitions for specific terms and phrases used in this chapter are supplemented by the definitions in the latest edition of the Highway Capacity Manual and the definitions and rules for interpretation established in Chapter 18.02 IMC. Defined terms and phrases specific to this chapter are italicized in the text of this chapter.
1. Concurrency: The provision of improvements, strategies and/or financial commitments at the time of development to accommodate the motorized and nonmotorized transportation impacts of development at the adopted level of service.
2. Concurrency Approval: The official determination by the City that a proposed development will not reduce the transportation level of service below the standards established in this chapter. Transportation concurrency approval is documented in writing by a concurrency certificate.
3. Concurrency Certificate: The official written statement issued by the City that documents transportation concurrency approval for a specific development at a specific location.
4. Concurrency Intersections: Intersections of City streets where level of service may be measured for purposes of determining transportation concurrency. Concurrency intersections are shown in Exhibit A*. The City shall determine the specific intersections measured for concurrency for any particular development.
5. Director: The Director of the Planning Department or his/her designee.
6. Financial Commitment: A binding and enforceable financial obligation from the applicant that is acceptable to the City and provided to the City before building permit issuance.
7. Impact Fee: The payment of money to the City for a proportional share of the cost of motorized and nonmotorized transportation facilities needed to serve new development. Impact fee payment does not ensure that transportation concurrency has been met.
8. Level of Service (LOS): The relationship between vehicular traffic volumes and roadway intersection capacity, as specified in this chapter.
9. Level of Service, Existing: The intersection control delay/LOS before adding trips from a proposed development.
10. Modeling: The use of computer models by the City to forecast traffic flow and evaluate intersection impacts. The computer models are dynamic tools; the models are regularly updated to include trips from concurrent development and changes in the City’s street system so they reflect current conditions as closely as possible. The models used for any particular concurrency evaluation shall be the most current version of the model available at the time of the model run.
11. P.M. Peak Hour: The one (1) hour time period between 4:00 and 6:00 p.m. on a weekday with the highest number of trips on the City’s street system.
12. Reservation of Capacity: The portion of unused capacity of a transportation facility that is set aside to accommodate development that has received transportation concurrency approval but is not yet built or occupied or to accommodate the trips from any project failing concurrency in order to allow the applicant up to one hundred twenty (120) days to evaluate the options for achieving concurrency.
13. Traffic Study: A study that estimates trip generation, identifies traffic demand patterns, evaluates safety, access or other transportation issues and identifies mitigation measures needed to meet LOS and engineering standards. A traffic study may be required by the City as part of a complete transportation concurrency application and/or for environmental review.
14. Transportation Demand Management (TDM): Strategies that decrease single occupancy motor vehicle trips including, but not limited to, transit and ridesharing incentives, flexible working hours, parking management and pedestrian and bicycle enhancements.
15. Transportation Improvement Program (TIP): The Transportation Improvement Program reflected in the latest transportation concurrency model update.
16. Trips: The number of vehicle trips generated by a land use in the p.m. peak hour as determined by the latest edition of the Institute of Transportation Engineers Trip Generation Manual, or other authorized source approved by the Director.
17. Trips, Net New: The number of trips generated by a new development, change in use, expansion or modification requiring a development permit minus the trips generated by the previous use of the site within the one (1) year immediately prior to the development permit application. No credit shall be given for trips from sites/structures that have been vacant for more than one (1) year or for trips from any unpermitted or illegal development. (Ord. 2595 § 1 (Exh. A), 2010).
*Exhibit A is on file with the Planning Department.
18.15.230 Transportation concurrency certificate required.
Except as provided in IMC 18.15.240, a transportation concurrency certificate is required for any new development, change in use, expansion or other modification or development that requires a development permit. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.240 Exemptions.
A. Exempt Uses: The following are exempt from the requirements of this chapter:
1. Development vested prior to the effective date of the ordinance codified in this chapter.
2. Public elementary, middle or junior high schools; including new facilities and any renovation, expansion, modernization or reconstruction of existing facilities and/or the addition of portable facilities.
3. Public high schools; including new facilities, any renovation, expansion, modernization or reconstruction of existing facilities and/or the addition of portable facilities; provided, that a transportation management plan for the high school shall be approved by the Director prior to the issuance of the Building Permit. The plan shall pertain to the entire school and shall specify measures to be implemented to reduce single-occupant vehicle travel by students, faculty and staff. The plan shall further specify how the school district and City will cooperate in monitoring the implementation of such measures and make adjustments as needed to achieve reduction goals.
4. The reconstruction of a building destroyed by fire, explosion or other accident when the number of trips from the site after reconstruction are equal to or less than the number of trips from the site before the accident.
B. Exempt Trips Included in Modeling: Trips from exempt development shall be included in the computer models used by the City to forecast traffic flow, evaluate intersection impacts and determine concurrency for nonexempt development. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.245 Administration.
A. Management: The Planning and Public Works Engineering Departments will coordinate in the administration of the concurrency management system. All final decisions regarding the administration of this chapter shall be the responsibility of the Director.
B. Model Updates: The transportation concurrency models will be updated from time to time to reflect changing conditions as follows:
1. Model Trips: Net new trips from exempt uses and uses generating less than thirty (30) net new trips shall be added to the model in groups of approximately one hundred (100) trips. Trips from projects generating thirty (30) or more net new trips that:
a. Pass concurrency shall remain in the model after the concurrency run;
b. Fail concurrency shall remain in the model while capacity is reserved in accordance with IMC 18.15.290(B). These trips shall be adjusted as necessary to reflect the concurrency certificate for projects that subsequently achieve transportation concurrency approval. Trips for projects that do not receive a transportation concurrency certificate shall be removed from the model upon expiration of the reservation of capacity. Updating the model trips is an administrative action.
2. Concurrency Intersections: The City Council shall consider amendments to Exhibit A*, Concurrency Intersections, to reflect additional signalized intersections, changes in arterial street designations, roundabout construction and/or changes in the intersections programmed for signals in the TIP.
3. Network Improvements: The City Council shall consider amendments to the transportation network in the Visum Model that reflect improvements to the City’s transportation network and/or Transportation Improvement Plan. (Ord. 2595 § 1 (Exh. A), 2010).
*Exhibit A is on file with the Planning Department.
18.15.250 Level of service.
The intersection level of service for all concurrency intersections is shown in Table 1. The LOS for signalized and all-way stop intersections is calculated using the weighted average of the control delay of each leg of the intersection so the movements with the most vehicles figure more prominently in determining the intersection’s LOS. The level of service for all other unsignalized intersections is based on the intersection movement with the most delay.
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CONCURRENCY LEVEL OF SERVICE STANDARDS |
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|---|---|---|
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Intersection LOS Prior to Development |
LOS Standard (Maximum Allowed Delay with Development) |
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Signalized Intersections (and All-Way Stop Intersections) |
Unsignalized Intersections |
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LOS A – C |
36 Seconds of Control Delay (LOS D) |
26 Seconds of Control Delay (LOS D) |
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LOS D |
The control delay condition prior to development plus up to five seconds of additional delay when the delay remains within LOS D |
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LOS E |
The control delay condition prior to the development |
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LOS F |
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(Ord. 2595 § 1 (Exh. A), 2010).
18.15.260 Concurrency review.
A. Timing and Application: A transportation concurrency application shall be submitted prior to or concurrent with a development application. The concurrency application shall accompany the first development permit application submitted if more than one (1) development permit is required. No development shall be required to obtain more than one (1) concurrency certificate, unless the applicant or subsequent owners propose changes or modifications that require a new development permit application, a future phase of the project requires a concurrency application or the original concurrency certificate has expired.
B. Trips Evaluated: The transportation concurrency determination shall be based on a review of the net new trips generated by the project. Applicants may be required to provide supplemental information regarding the trip generation by the prior use and/or for their specific development if the trip generation is not clearly addressed in the ITE Trip Generation Manual.
C. Development Generating Less Than Thirty (30) Net New Trips: Development generating less than thirty (30) net new trips will receive a transportation concurrency certificate when the concurrency application is deemed complete. In some cases, the applicant may be required to prepare a traffic study before the application can be deemed complete and a concurrency certificate issued.
D. Development Generating Thirty (30) or More Net New Trips:
1. Concurrency Modeling: The impact of development generating thirty (30) or more net new trips shall be evaluated using the most current version of the City’s transportation forecasting and intersection analysis models at the time the models are run, as well as standard engineering practices. The modeled trips shall be the sum of: the trip generation by the proposed development; existing traffic volumes including trips from exempt development; trips from developments for which capacity has been reserved or concurrency approval has been granted but which have not been occupied; and the cumulative trips on City streets due to development outside the city limits.
2. Model Results: The transportation forecasting and intersection analysis model results will be used to:
a. Determine whether or not the traffic impacts from the development meet the LOS standards in IMC 18.15.250; and
b. Evaluate intersection operation and safety under SEPA. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.270 Passing concurrency.
A. Review: Transportation concurrency applications shall be reviewed on a first-come, first-served basis.
B. Reservation of Capacity: The City shall reserve capacity to accommodate the trips from any project receiving a concurrency certificate. Reserved capacity shall not be returned to the system unless and until a subsequent development application is denied, rejected, invalidated or abandoned; or the concurrency certificate is no longer valid or expires in accordance with IMC 18.15.290. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.280 Concurrency certificate.
A. Concurrency Certificate Issuance: A concurrency certificate shall be issued when the net new trips from a development do not result in any significant adverse operational or safety impacts and the development generates less than thirty (30) net new trips; or, the development generates thirty (30) or more net new trips and the traffic impacts of the development do not exceed the LOS standards specified in IMC 18.15.250 or result in any significant adverse operational or safety impacts. Concurrency certificates shall be issued in the order of completion of concurrency approval and SEPA review. Some applicants may receive a concurrency certificate even if their application was submitted after an earlier application that required more extensive environmental review or was delayed as a result of the applicant’s own action (or inaction).
B. Validity: A concurrency certificate is valid only for the specified uses, densities, intensity and parcel(s) for which it was issued and shall not be transferred to a different project or parcel. A concurrency certificate shall remain valid:
1. For one (1) year from the date of issuance; three (3) years from issuance for a project that includes transferred development rights; and
2. During the time the development permit application is under review by the City; and
3. For the same period of time as the development permit approval. If the development permit does not have an expiration date or an approved phasing schedule that allows a longer build-out, the concurrency certificate shall be valid for one (1) year from the date of development permit approval.
C. Expiration: A concurrency certificate shall expire if:
1. A complete development permit application for the project has not been submitted to the Permit Center within one (1) year from the issuance of the concurrency certificate; three (3) years from issuance for a project that includes transferred development rights.
2. The related development permit application is denied or revoked by the City.
3. The related development permit expires prior to issuance of a building permit.
D. Extension: A transportation concurrency certificate may not be extended. A new concurrency certificate is required if the previous certificate has expired.
E. Subdivision: Trips authorized by the concurrency certificate for a subdivision shall be divided equally among the lots. The Director may modify such assignment upon petition of the owner. Any change of use of one (1) or more of the subdivided parcels shall require a new concurrency determination for the parcel(s) changing use. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.290 Failing concurrency.
A. Determination: A concurrency certificate shall not be issued when the concurrency review determines that the traffic impacts of the proposed development will cause the LOS at one (1) or more intersections to decline below the LOS standards specified in IMC 18.15.250. The applicant shall be notified in writing that the project has failed concurrency.
B. Reservation of Capacity: The City shall reserve capacity to accommodate the trips from any project failing concurrency for one hundred twenty (120) days in order to allow the applicant time to evaluate the options for achieving concurrency outlined in subsection D of this section. The one hundred twenty (120) day period shall begin with the date of notice that the project failed concurrency. The Director may extend the reservation of capacity for a length of time as determined by the Director when:
1. The applicant has, within the one hundred twenty (120) day reservation of capacity, submitted changes in the project and/or proposed traffic mitigation and paid the application fee for a second model run if required; or
2. The applicant and City have signed a consultant contract to prepare an EIS for the project; or
3. The development application is for a Master Site Plan; or
4. There exist good faith negotiations between the City and applicant toward a development agreement.
C. Expiration: The reservation of capacity shall expire at the end of one hundred twenty (120) days unless a concurrency certificate has been issued or the reservation has been extended as provided for in subsection B of this section. A new concurrency application is required if the reservation of capacity expires and the project generates thirty (30) or more net new trips.
D. Options for Development Failing Concurrency: The applicant for a development failing concurrency may:
1. Abandon the proposed development.
2. Agree in writing within twenty-one (21) days of the notification of concurrency failure to:
a. Build, and provide a financial commitment for, the transportation facility improvements necessary to achieve concurrency;
b. Pay a “fair share” of the transportation facility improvements necessary to achieve concurrency;
c. Phase the development to correspond with the future construction of the transportation facilities necessary to achieve concurrency; and/or
d. Modify the concurrency and development permit applications by reducing the size of the development and/or implementing transportation demand management strategies to reduce the number of project trips to a level that will achieve concurrency.
3. Appeal the concurrency determination to the Hearing Examiner in accordance with IMC 18.15.320.
4. Proceed with permitting the project as proposed even though the development application(s) must be denied if the project failed to receive a concurrency certificate.
E. Mitigation Criteria: The mitigation options established in subsection (D)(2) of this section shall be consistent the following criteria:
1. Transportation Facility Improvements:
a. Administrative Approval: The Director may approve transportation facility improvements to achieve concurrency when all of the following criteria are met:
(1) The improvement is included in the City’s adopted Transportation Improvement Program;
(2) The timing of the improvement is consistent with subsection (E)(1)(d) of this section;
(3) The improvement, to the extent practical, is at the location(s) most impacted by trips from the development.
b. City Council Approval: The City Council may approve a transportation facility improvement not included in the Transportation Improvement Program (TIP) as transportation concurrency mitigation by amending the TIP to include the proposed improvement.
c. Funding Commitment and Conditions: The permit for any development requiring one (1) or more transportation facility improvements in order to achieve concurrency shall include conditions requiring a financial commitment by the applicant, binding on subsequent owners, for the completion of the improvement(s). The cost of the transportation improvement(s) required for concurrency may be credited towards the developer’s transportation impact fee obligation in accordance with IMC 3.71.050(E).
d. Completion of Improvements: The completion date for the transportation improvements required of the developer to achieve concurrency shall be determined by the Director and shall not exceed six (6) years from the date of building permit approval for principal arterials, four (4) years for minor arterials and two (2) years for collector streets.
e. Latecomer Agreements: The City may authorize latecomer agreements, or other reimbursement from owners of property benefited by the concurrency improvements, as allowed by State law.
2. Transportation Demand Management (TDM)/Phasing: The Director may approve a TDM strategy or phasing plan that achieves transportation concurrency when the TDM strategy or phasing plan includes:
a. An implementation plan and schedule;
b. Methods to monitor and enforce TDM/phasing performance;
c. A fallback plan to achieve concurrency if the TDM goals are not achieved within two (2) years of issuance of the certificate of occupancy. The TDM strategy/phasing plan shall be a condition of development approval and shall apply to all future property owners. The Director shall determine, consistent with accepted engineering practice, the appropriate trip reduction resulting from the proposed TDM strategy. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.300 Relationship to the State Environmental Policy Act.
This chapter establishes the minimum transportation concurrency requirements applicable to all development and is not intended to limit the City’s authority under the State Environment Policy Act (SEPA) or to evaluate all transportation impacts resulting from new development, particularly safety and operational impacts. SEPA mitigation regarding intersection operation and/or safety may be included as conditions of the concurrency certificate at the discretion of the Director. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.310 Fees.
The City shall charge a processing fee to any individual or entity that applies for a transportation concurrency certificate, except governmental entities. The fee shall be nonrefundable and nonassignable to any other fees or development. Such fees shall be determined by resolution of the City Council. An additional fee will be required if, in the sole judgment of the Director, use of the City’s transportation computer forecasting model is necessary for making a concurrency determination. All concurrency processing fees shall be paid in full upon application for a concurrency determination. (Ord. 2595 § 1 (Exh. A), 2010).
18.15.320 Appeals.
Refer to IMC 18.04.250 to 18.04.260 regarding appeals. (Ord. 2595 § 1 (Exh. A), 2010).