Chapter 15.20
TRANSPORTATION CONCURRENCY

15.20.000    Chapter Contents

Sections:

15.20.010    Title, authority and purpose.

15.20.020    Definitions.

15.20.030    Transportation concurrency standards.

15.20.050    Concurrency test.

15.20.060    Exemptions from the concurrency test.

15.20.070    Findings of concurrency.

15.20.080    Fees.

15.20.100    Monitoring the transportation system.

15.20.110    Intergovernmental coordination.

15.20.120    Appeals.

(Ord. 7263 §1, 2020)

15.20.010 Title, authority and purpose

A.    This chapter shall be known as the "Transportation Concurrency Ordinance."

B.    This chapter is enacted pursuant to the City of Olympia’s powers as a Code City, Article XI, Section 10 of the Washington State Constitution, Title 35A RCW, the Growth Management Act, Chapter 36.70A generally, and RCW 36.70A.070 specifically.

C.    It is the purpose of this chapter:

1.    To ensure adequate provision of multimodal transportation facilities for existing land uses as well as new development;

2.    To provide transportation facilities that achieve and maintain the City’s transportation concurrency standards as established in the Comprehensive Plan; and

3.    To ensure that the City’s transportation concurrency standards are achieved concurrently with development as required by the GMA.

(Ord. 7263 §1, 2020; Ord. 5540 §1, 1995).

15.20.020 Definitions

Except as defined below, the words and terms used in this chapter shall have the meaning set forth in the OMC Section 18.02.180.

A.    Adequate - the transportation facilities meet or exceed the City’s adopted transportation concurrency standard set forth in the City’s Comprehensive Plan.

B.    Mobility units - the metric by which the City's adopted transportation concurrency standard is evaluated. A mobility unit is defined as a "person trip" generated by land use development and supported by multimodal transportation infrastructure.

C.    Person trip - a measure of travel that is generated by a land use. A person trip is defined as a person entering or leaving a land use development by any mode of travel.

(Ord. 7263 §1, 2020; Ord. 7187 §3, 2019; Ord. 6607 §1, 2008; Ord. 5540 §2, 1995).

15.20.030 Transportation concurrency standards

The following transportation concurrency standards, established in the Olympia Comprehensive Plan, are hereby adopted for the purposes of this Chapter.

A.    Mobility units of supply, as measured by the proportion of the transportation concurrency project list identified in the Capital Facilities Plan, must exceed the number of mobility units of demand generated by approved developments in Olympia.

B.    Mobility units of supply are considered available to support new development when the transportation improvement is fully funded, as identified in the Capital Facilities Plan.

C.    Transportation improvements on the transportation concurrency project list may be phased and so long as those phases provide person trip capacity, the individual phases can count toward supply when they are funded.

(Ord. 7263 §1, 2020; Ord. 6607 §1, 2008; Ord. 5540 §3, 1995).

15.20.050 Concurrency test

A.    Unless exempt under Section 15.20.060(A), the test for concurrency will be conducted as part of the building permit application.

B.    The test for concurrency will be conducted in the order in which the completed building permit application is received.

C.    The concurrency test will be performed only for the specific property uses(s), residential density(ies) and intensity(ies) of the use(s) described on the building permit application. The applicant shall describe the proposed development in a manner adequate to determine the peak-hour person trips which are likely to be generated by the proposed development. The applicant shall also provide the City a legal description of the property.

D.    In conducting the concurrency test, the City will use the trip generation tables set forth in the Transportation Impact Fee Rate Study (the "Rate Study"), adopted by reference in OMC Title 15. If the trip generation rates for a proposed development are not identified in the Rate Study, then the City shall use the trip generation rates set forth in the latest edition of the Institute of Transportation Engineers, Trip Generation Manual scaled to equate to person trips as defined in the Rate Study. The presumption is that the rates used by the City are accurate unless proven otherwise.

E.    If the applicant pays the fees identified in Section 15.20.080, the applicant may submit a calculation of alternative person trip generation rates for the proposed development. The City shall review the alternate calculations and indicate in writing whether such calculations are acceptable in lieu of the standard trip generation rates. Reductions in person trip rates are only valid as they relate to "internal trips" or those person trips that do not leave the boundary of the project (as described on the building permit application) and are therefore not accommodated by City transportation infrastructure. The mode of the trips that leave the boundary of the project are not relevant when conducting the concurrency test.

F.    The City shall not make a finding of concurrency as part of the issuance of a building permit if the proposed development will result in the generation of more mobility units of demand than are available as supply. If there are adequate mobility units of supply available at the time of the concurrency test or will be available within six (6) years, as identified in the Capital Facilities Plan, the concurrency test is passed and the City shall make a finding of concurrency.

(Ord. 7263 §1, 2020; Ord. 6607 §1, 2008; Ord. 5540 §5, 1995).

15.20.060 Exemptions from the concurrency test

A.    Exemption from the concurrency test is not an exemption from the remaining requirements of OMC Title 15. The following applications for a building permit shall be exempt from the concurrency test:

1.    Any proposed development that creates no additional person trips;

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 renewal of a previously issued but unexpired permit; and

4.    Any application for a residential building permit if the dwelling unit is a part of a subdivision or short plat that submitted an application after 1990 and that has undergone the analysis mandated by the State Subdivision Act, RCW 58.17.060 or 58.17.110.

B.    Unless otherwise exempted by the Director or Environmental Review Officer, a building permit application must be accompanied by a Traffic Impact Analysis (TIA) provided by the applicant in accordance with the TIA Guidelines in Chapter 4 of the current Engineering Design and Development Standards, or as hereafter amended by resolution of the City Council. Applications that do not meet the minimum requirements to conduct a TIA under Section B ‘When Required’ of the TIA Guidelines are exempt.

(Ord. 7263 §1, 2020; Ord. 7110 §7, 2017; Ord. 6607 §1, 2008; Ord. 5540 §6, 1995).

15.20.070 Findings of concurrency

A.    The City shall make a finding of concurrency for each building permit application that passes the concurrency test.

B.    The finding of concurrency shall be valid for the same time period as the underlying building permit, including any permit extensions.

C.    A finding of concurrency shall expire if the underlying building permit expires or is revoked by the City.

D.    A finding of concurrency accompanying a building permit for a particular parcel of property may be used by the heirs, executors, successors, or assigns of the applicant.

E.    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.

(Ord. 7263 §1, 2020; Ord. 6607 §1, 2008; Ord. 5540 §7, 1995).

15.20.080 Fees

If the applicant requests an alternative calculation for the concurrency test, or if the City determines that an alternative calculation is required due to the size, scale, or other unusual characteristics of the proposed development, a fee for the alternative calculation shall be paid by the applicant prior to the initiation of review. The fee for conducting the review of the alternative calculation shall be the same costs as an independent fee calculation set forth in Olympia Municipal Code Subsection 15.04.50.E, unless otherwise established by the Director of Public Works.

(Ord. 7263 §1, 2020; Ord. 5540 §8, 1995).

15.20.100 Monitoring the transportation system

The City will, on an annual basis, review the supply and demand of mobility units and update its capital facilities plan to identify those facilities necessary to achieve transportation concurrency. The City will, on a periodic basis, review and update the transportation concurrency project list that defines the overall supply of mobility units. At the City's sole discretion, projects that supply mobility units may be added or removed based on updated land use growth forecasts, shifting travel modes, available funds to build and maintain transportation infrastructure, and other reasons deemed appropriate by the City.

(Ord. 7263 §1, 2020; Ord. 5540 §10, 1995).

15.20.110 Intergovernmental coordination

The City may enter into agreements with other local governments, Intercity Transit, and the State of Washington to coordinate the imposition of the level of service standards, the collection of impact fees, and the implementation of transportation strategies.

A.    The City may apply level of service standards, fees, and other mitigation measures to developments in the City that impact other local governments and the State of Washington. Development permits issued by the City may include conditions and mitigation measures that will be imposed on behalf of and implemented by other local governments and the State of Washington.

B.    The City may receive impact fees or other mitigation payments based on or as a result of development proposed in other jurisdictions that impact the City. The City may agree to accept such payments or may coordinate with other jurisdictions to implement the appropriate mitigation measures.

(Ord. 7263 §1, 2020; Ord. 5540 §11, 1995).

15.20.120 Appeals

A.    Any applicant may timely file an appeal of the approval or the denial of a finding of concurrency to the Olympia Hearing Examiner pursuant to OMC 18.75. The applicable appeal fee must be paid pursuant to OMC 4.40.010.

B.    The appeal on the finding of nonconcurrency will not be conducted if the applicant refuses to pay the transportation impact fees required by OMC Title 15.

(Ord. 7263 §1, 2020; Ord. 6607 §1, 2008; Ord. 5540 §12, 1995).