Chapter 25.115
TRANSPORTATION CONCURRENCY REVIEW
Sections:
25.115.020 Concurrency requirement.
25.115.040 Finding of concurrency.
25.115.050 Exemptions from the concurrency test.
25.115.060 Transportation concurrency mitigation methods.
25.115.010 Purpose.
This chapter sets forth specific standards providing for city compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and county-wide planning policies under the GMA.
It is the purpose of this chapter:
(1) To ensure adequate levels of service on transportation facilities for existing land uses as well as new development;
(2) To provide transportation facilities that achieve and maintain the city’s level of service standards as established in the comprehensive plan; and
(3) To ensure that the city’s level of service standards are achieved concurrently with development as required by the Growth Management Act. (Ord. 17-1017 § 2 (Exh. B))
25.115.020 Concurrency requirement.
(1) The following development permit applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application:
(a) Preliminary plat (subdivision of five or more residential lots);
(b) Site plan and design review;
(c) Any development permit that generates 50 or more average trips per day (ADT) or five or more a.m. or five or more p.m. peak hour trips, per the latest edition of the ITE Trip Generation Manual.
(2) The city shall not issue a development permit until:
(a) A concurrency test has been conducted in accordance with DMC 25.115.030(2) and a certificate of concurrency has been issued; or
(b) The application has been determined to be exempt from the concurrency test as provided in DMC 25.115.050. (Ord. 17-1017 § 2 (Exh. B))
25.115.030 Review process.
(1) Certificate of Concurrency.
(a) The city shall complete transportation concurrency evaluation at the time a development permit is applied for or during the course of permit review. The review shall conclude with a determination that the proposed project meets the level of service standards whereby a certificate of concurrency shall be issued and attached or incorporated to the development permit approval. When a project is determined to have not passed level of service standards, the certificate of concurrency shall be conditioned in a manner that satisfies the requirements of this chapter, or the project shall not be approved.
(b) The applicant shall provide the city with all information necessary to complete the concurrency evaluation on the proposed development. It shall be the responsibility of the applicant to provide studies, surveys, traffic counts, engineering review or any other items determined to be necessary for an accurate concurrency evaluation.
(c) A certificate of concurrency shall be accorded the same terms and conditions as those for the underlying development permit. If a development permit timeline is extended, the certificate shall also be extended for the same time duration. A certificate of concurrency shall be valid only for the development permit approved for the same parcel and may be transferable to any new owner(s) of the parcel to which it was issued.
(2) Concurrency shall be established and determined as follows:
(a) Traffic Impact Calculations.
(i) Trip Generation. Traffic calculations shall be based on the trip generation average described within the latest available edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual for the particular type and extent of the development being proposed.
(ii) Concurrency Test. The projected number of trips generated by a proposed development shall be subtracted from existing or new transportation capacity of the impacted transportation facility. If projected demand is less than available capacity, the project is not adverse to level of service standards and shall be issued a certificate of concurrency.
(A) The project makes on-site and frontage improvements, consistent with city standards for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project consistent with safety and public interest;
(B) The project makes such off-site facility improvements, not listed on the capital facilities plan, as are necessary to meet city standards for the safe movement of traffic and pedestrians attributable to the project. (Ord. 17-1017 § 2 (Exh. B))
25.115.040 Finding of concurrency.
The city shall make a finding of concurrency for each building permit application that passes the concurrency test.
The finding of concurrency shall be valid for the same time period as the underlying building permit, including any extensions thereof.
A finding of concurrency shall expire if the underlying building permit expires or is revoked by the city.
A finding of concurrency accompanying a building permit for a particular parcel of property shall be valid for the period of validity of the permit, even if the ownership of the property changes.
All building permits that require one or more transportation facilities to be provided by the applicant shall be and are hereby conditioned upon an appropriate financial commitment by the applicant which is binding upon subsequent owners, heirs, executors, successors or assigns, and upon the completion of such transportation facilities in a timely manner, prior to the issuance of the certificate of occupancy or prior to occupancy, unless stated otherwise in writing by the city. Such financial commitment shall be subject to the approval of the city attorney, including performance bond, escrowed funds, or other similar instrument. (Ord. 17-1017 § 2 (Exh. B))
25.115.050 Exemptions from the concurrency test.
The following applications for development permits shall be exempt from the concurrency test:
(1) Any proposed development that creates no additional impacts on any transportation facility;
(2) Any project that is a component of another proposed development and that was included in a prior application for a finding of concurrency;
(3) Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that submitted an application and that has undergone a concurrency test and received concurrency approval as part of plat approval; and
(4) Any permit for development that generates less than the number of trips described in DMC 25.115.020(1)(c). (Ord. 17-1017 § 2 (Exh. B))
25.115.060 Transportation concurrency mitigation methods.
The city shall use the following procedures and criteria to review and approve the adequacy of mitigation methods unless the applicant is otherwise notified in writing:
(1) If mitigation is determined necessary to maintain level of service standards for an impacted transportation facility, the applicant may choose among the following actions:
(a) Reduce the size of the project until level of service standards are met;
(b) Enter into a legally binding development agreement with the city whereby all required improvements will be constructed and completed within six years of the development approval date which also insures that the financing is available to pay for the improvements at time of building permit approval;
(c) Be subject to a development approval conditioned that the required improvements be completed prior to the issuance of building permits, final plat or site plan approvals associated with the development;
(d) Propose transportation demand management strategies to reduce vehicle trips generated by the project development;
(e) Await the city’s completion of mitigating improvements if such improvements are underway or planned as part of the city’s six-year transportation improvement plan; or
(f) Any combination of the above.
(2) Acceptable impact mitigation requires a finding of the following:
(a) The mitigation contributes to transportation facility performance and established level of service standards;
(b) The mitigation is consistent with the city’s comprehensive plan;
(c) Any improvements to an intersection or roadway do not shift traffic to residential areas or to other intersections where there is no mitigation being proposed;
(d) Any adverse environmental impacts of the facility improvements may be reasonably minimized or eliminated; and
(e) The improvements are consistent with the city’s engineering standards. (Ord. 17-1017 § 2 (Exh. B))