Chapter 11.50
TRANSPORTATION CONCURRENCY MANAGEMENT
Sections:
11.50.050 Level of service standards.
11.50.060 Application for concurrency review.
11.50.070 Concurrency evaluation and determination.
11.50.080 Concurrency approval and temporary certificates of concurrency.
11.50.090 Final certificate of concurrency.
11.50.100 Denial of concurrency and mitigation.
11.50.110 Concurrency management program administration – Purpose and procedure.
11.50.120 Relationship to street standards.
11.50.130 Relationship to SEPA.
11.50.140 Relationship to transportation impact fees.
11.50.150 Reconsiderations and appeals.
11.50.010 Authority.
This chapter is enacted to implement the concurrency provision of the transportation element of the City’s comprehensive plan, in accordance with RCW 36.70A.070(6)(e), consistent with WAC 365-195-510 and 365-195-835. No development permit or project permit shall be issued except in accordance with this chapter, which shall be cited as the concurrency management ordinance, unless exempted in SMC 11.50.040. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.020 Purpose.
The purpose of this chapter is to establish procedures for ensuring that adequate transportation facilities are available to serve proposed development activity.
A. The Director shall be responsible for implementing and enforcing this chapter, including conducting concurrency evaluations, making concurrency determinations, issuing temporary and final certificates of concurrency, and monitoring and updating the program.
B. The Director’s determination of concurrency and the issuance or non-issuance of temporary or final certificates of concurrency shall be integrated, insofar as possible, with any applicable decision making processes on permits, applications, and proposals submitted to the City for review and decision. For each application subject to concurrency review and evaluation and the requirement for a certificate of concurrency, the Director shall determine how the review can be best integrated with the decision making process. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.030 Definitions.
For the purpose of this chapter the terms, phrases, words and their derivations have the following definitions. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory. The word “may” is permissive. The Director, as defined herein, shall have the authority to resolve questions of interpretation or conflicts between definitions.
“Adequate transportation facilities” means transportation facilities are in place or that a financial commitment is in place to provide the transportation facilities within six (6) years of the time of development to meet the City of SeaTac’s adopted level of service standard.
“Adopted level of service (LOS) standards” means the level of service (LOS) standards as described and adopted in the transportation element of the SeaTac comprehensive plan.
“Applicant” means a person seeking a concurrency determination under this chapter and who is the owner of the subject property or the authorized agent of the property owner.
“City” means the City of SeaTac, Washington.
“Concurrency application” means the completed form submitted to the City requesting a determination of concurrency and issuance of a temporary certificate of concurrency. It is otherwise known as an application for concurrency review.
“Concurrency approval” means a determination by the Director that adequate transportation facilities are available to serve a development activity based on a concurrency evaluation and the adopted level of service standards.
“Concurrency corridor” means a transportation facility that, together with other identified facilities, best identifies how the City’s transportation network is impacted by development. Concurrency corridors are the corridors upon which concurrency analysis is based.
“Concurrency denial letter” means a letter issued by the Director which summarizes the results of the concurrency evaluation and the reason for denying the request for a temporary or final certificate of concurrency.
“Concurrency determination” means a determination by the Director whether adequate transportation facilities are available or are not available to serve a development activity based on a concurrency evaluation.
“Concurrency district” means a defined geographic area used to identify the concurrency corridors upon which concurrency analysis is based. The City is divided into three (3) concurrency districts: North, Central, and South.
“Concurrency evaluation” means the process used by the Director to determine if adequate transportation facilities are available to serve a development activity.
“Concurrency study” means a report on whether the City’s transportation system is keeping up with development within the City.
“Construction permit” means any permit identified under either the building services division or the engineering review division in Appendix I of SMC Title 16A.
“Development activity” means any proposal or action for which a land use permit or a construction permit is required.
“Development permit” is either a land use permit or a construction permit, as defined in this chapter.
“Director” means the Director of the Department of Public Works of the City of SeaTac or her/his designee.
“Final certificate of concurrency” means the certificate issued by the Director based on the approved development permit reserving the number of PM peak hour trip generation based on the densities and intensities of an approved development permit.
“Financial commitment” means, in the City’s sole discretion, that sources of public or private funds or combinations thereof have been identified which shall be sufficient to finance transportation improvements necessary to support development and that there is reasonable assurance that such funds shall be timely used. Grants, loans and bond funds shall be considered to be committed only if they have been fully approved by the appropriate body.
“Forecast PM peak hour traffic” means the projected weekday PM peak hour traffic volume that includes existing traffic, general increases in traffic not associated with developments within the City of SeaTac, traffic from developments that have a valid temporary or final certificate of concurrency issued by the City, plus traffic from the subject development.
“Land use permit” means any permit identified under the Planning Division in Appendix I of SMC Title 16A.
“Level of service (LOS)” means the standards and criteria established in the City’s comprehensive plan to measure adequacy of transportation facilities, pursuant to the Washington State Growth Management Act.
“Net new PM peak hour trips” means the trip generation of the development activity less any allowable credit for existing activity that will be replaced, demolished or abandoned as part of the proposal.
“Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser is considered the owner of the real property if the contract is recorded.
“PM peak hour” means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. during a typical weekday.
“Six-year transportation improvement program (TIP)” means the annually updated transportation improvement program which identifies the City’s programmed transportation system funding over the next six (6) years. The projects included within the TIP are based upon, but do not reflect the entirety of, improvements identified within the transportation element of the comprehensive plan.
“Temporary certificate of concurrency” means the certificate issued by the Director confirming that each concurrency corridor would meet the adopted level of service standards with the addition of traffic from the subject development consistent with the concurrency evaluation and reserving the number of PM peak hour trip generation for the densities and intensities of development activity on that site within the time frame designated on the certificate.
“Traffic impact study” means a study prepared by a competent professional according to the format and content established by the Director.
“Transportation element” means the transportation element of the City’s comprehensive plan.
“Transportation facilities” means and refers to streets and roads, but includes all publicly owned streets, roads, alleys and rights-of-way within the City and street services, traffic control devices, curbs, gutters, sidewalks and related facilities and improvements.
“Trip generation” means the number of PM peak hour trips estimated to be produced by the development activity using Institute of Traffic Engineers (ITE) Trip Generation manual, current edition, other recognized national standard, or trip generation studies accepted by the Director.
“Trip generation credit” means a reduction in the number of new PM peak hour trips attributed to a development activity, equal to the number of PM peak hour trips currently being generated on the site from uses that will not continue if the development permit is granted. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.040 Applicability.
A. All construction or change in use initiated pursuant to a development permit for which a development permit, concurrency approval, or a certificate of concurrency was issued prior to the effective date of the ordinance codified in this chapter shall be continued. However, if the City determines that a previously issued development permit for which the concurrency approval was granted has lapsed or expired, pursuant to the applicable development regulations, then no subsequent development permit shall be issued except in accordance with this chapter.
B. All development activities that generate an increase in PM peak hour trips are required to apply for concurrency review as part of applying for the associated land use permit. Upon approval of the land use permit, the City will issue a temporary certificate of concurrency that is valid as long as the land use permit is valid as provided in this chapter.
C. No concurrency evaluation shall be required if the Director determines that a change of use does not generate an increase of PM peak hour trips compared to the previous use. For the purpose of this subsection, “previous use” shall mean:
1. The use existing on the site when a concurrency evaluation is applied for; or
2. The most recent use on the site, within the one (1) year period prior to the date of application for development activity that had previously been approved for concurrency.
D. For the purposes of this chapter, application for a development permit shall include consideration of the cumulative impacts of all development permit applications for contiguous properties that are owned or under the control of the same person, firm or corporation, when one (1) or more development permits would be issued, or in the judgment of the Director may be issued, within two (2) years of the date of issuance of a development permit for such contiguous property.
E. The Director shall have sole authority to define development permits and activities that are exempt from concurrency management review on a case-by-case basis. The following types of development permits are typically exempt from the concurrency management ordinance and the requirements of this chapter because they do not generate additional PM peak hour trips. This type of development includes, but is not limited to, the following:
1. Access permit;
2. Demolition permit;
3. Right-of-way permit;
4. Clearing and grading (STE) permit;
5. Fire permit;
6. Interior alterations with no change of use;
7. Mechanical permit;
8. Plumbing permit;
9. Sign permit;
10. Single-family remodeling with no change of use;
11. Building permit for fences or retaining walls;
12. Single-family homes built on lots created by a final plat or final short plan that received a final certificate of concurrency within the last five (5) years. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.050 Level of service standards.
The Director shall use the level of service standards set forth in the transportation element of the City’s comprehensive plan to make concurrency evaluations as part of the review of any application for a concurrency certificate issued pursuant to this chapter. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.060 Application for concurrency review.
A. An applicant shall submit a completed application for concurrency review when submitting an application for any land use permit. A temporary certificate of concurrency is issued after (1) a complete application for a land use permit, and (2) necessary concurrency review by the City. If no land use permit is required for the development activity, an application for concurrency review shall be submitted in conjunction with a construction permit.
B. All developments not exempt per SMC 11.50.040 shall submit a complete application for concurrency review to the City.
C. The application will include, as a minimum, the project name, address, type and size of the proposed development activity, and type of land use permit that will be sought upon approval of concurrency.
D. The Director may require the application to include an analysis of development activity trip generation and distribution for review and approval by the Director prior to conducting the concurrency evaluation.
E. If a change of use shall result in an increase in PM peak hour traffic generation over the previous use, then the application for concurrency review shall be required for the net increase only; provided, that the applicant provides reasonably sufficient evidence, to the satisfaction of the Director, that the previous use has been continuously maintained on the site during the five (5) year period prior to the date of application, or since the previous use was permitted, if that period is five (5) years or less, for the concurrency evaluation. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.070 Concurrency evaluation and determination.
A. To the greatest extent possible, the City will seek to identify concurrency-related issues as part of the preliminary application meeting.
B. Concurrency evaluations shall generally be processed in the order in which the applications for concurrency review are received. The concurrency evaluation shall result in issuance of a temporary certificate of concurrency or issuance of a concurrency denial letter.
C. Issuance of a temporary certificate of concurrency reserves concurrency for the development activity as long as the land use application remains valid, or for one (1) year, whichever is greater.
D. For a development activity that will generate less than fifteen (15) net new PM peak hour trips, concurrency is approved automatically. The development activity will be issued a temporary certificate of concurrency and the traffic from the development will be accounted for in subsequent concurrency studies or project-specific concurrency evaluations, unless the development is abandoned or expires prior to completion.
E. For development activities that are estimated to generate between fifteen (15) and three hundred (300) net new PM peak hour trips, a concurrency evaluation will be required.
1. If there are vehicle trips remaining on all concurrency corridors within the concurrency district where the development is occurring, then a temporary certificate of concurrency will be issued per SMC 11.50.060 and the development will be included in future concurrency studies or project-specific concurrency evaluations.
2. The Director may, at his/her discretion, require a project-specific concurrency evaluation be conducted based on the number and size of development projects that have been approved for concurrency that could impact travel speeds in a concurrency corridor, changes in financial commitments for transportation improvements that were assumed in the concurrency study, or other factors. The Director will document in writing the reasons for requiring a project-specific concurrency evaluation.
3. If a concurrency corridor within the concurrency district where the development is occurring is below the adopted LOS standard, then concurrency will be denied and a temporary certificate of concurrency will not be issued. Upon determination by the Director that adequate transportation facilities are not available to serve the proposed development, then the applicant can pursue options, including mitigation, per SMC 11.50.100.
F. For development activities that are estimated to generate more than three hundred (300) net new PM peak hour trips, a project-specific concurrency evaluation shall be required.
G. When a project-specific concurrency evaluation is needed, the City shall prepare an analysis consistent with the procedures used in the concurrency study, to assess the potential impacts of the development on travel speeds and levels of service of the designated concurrency corridors within the development’s concurrency district.
1. If the project-specific concurrency evaluation results in the City’s level of service standards being met, then a temporary certificate of concurrency will be issued per SMC 11.50.060 and the development will be included in future concurrency evaluations and annual concurrency studies.
2. The results of the project-specific concurrency evaluation will supersede the latest concurrency study and shall be the basis for subsequent concurrency evaluations.
3. If the project-specific concurrency evaluation results in one (1) or more concurrency corridors falling below the adopted level of service standards, then concurrency will be denied for the development and a temporary certificate of concurrency will not be issued. Upon determination by the Director that adequate transportation facilities are not available to serve the proposed development, then the procedures of SMC 11.50.100 shall be followed. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.080 Concurrency approval and temporary certificates of concurrency.
A. If the concurrency evaluation shows that adequate transportation facilities exist to serve the new development, then the concurrency application shall be approved. The Director shall issue a finding of concurrency approval and issue a temporary certificate of concurrency.
1. The temporary certificate of concurrency is put into effect at the point that the land use application is approved.
2. A temporary certificate of concurrency shall expire at the time the associated land use decision expires, or exactly one (1) year after the date of issue by the Director, whichever is greater.
3. For a land use permit, a temporary certificate of concurrency must be issued prior to determination of complete application for a construction permit.
B. A temporary certificate of concurrency shall apply only to the specific land uses, densities, intensities and development projects described in the approved concurrency application. In no event shall the Director determine concurrency for a greater number of PM peak hour trip generation than is needed for the development proposed in the underlying land use permit application.
C. A temporary certificate of concurrency shall be issued for all phases of a development permit, unless a project phasing plan is approved by the Director. When a phasing plan is approved by the Director, the temporary certificate of concurrency shall be conditioned to note that additional concurrency applications, evaluations, and certificates shall be required for future phases. The certificate shall specifically identify the amount, extent and timing of any required concurrency mitigation.
D. A temporary certificate of concurrency is not transferable to other real property. The temporary certificate of concurrency, once issued, shall become part of the land use permit or application and shall be transferred to new owners of the original land, if and only if the land use permit or application is so transferred to the new owners.
E. The applicant may, as part of a land use permit application, designate in writing the amount of trips approved within the temporary certificate of concurrency that are allocated to portions of the property, such as lots, blocks, parcels, or tracts included in the application. Any such allocation shall be reflected in the temporary certificate of concurrency. Trips may be reassigned or allocated within the boundaries of the original property only by application to and approval from the Director. If approval is granted, the Director shall amend the temporary certificate of concurrency accordingly.
F. A temporary certificate of concurrency will be issued prior to the State Environmental Policy Act (SEPA) threshold determination process, if applicable. The temporary certificate of concurrency may be used to inform a SEPA threshold determination.
G. If a temporary certificate of concurrency is issued for a proposed development activity, but the associated land use permit is denied, expires, or is otherwise voided, then the temporary certificate of concurrency will be rescinded and transportation capacity will not be reserved for that development.
H. If a land use permit is not required for a project, concurrency review will still occur. However, a final certificate of concurrency is issued instead of a temporary certificate of concurrency.
I. In the event that a development that has been issued a temporary certificate of concurrency is modified to generate increased PM peak hour trips, a new concurrency application and evaluation shall be required.
J. The determination of concurrency approval shall become final at the time of final construction permit approval as per SMC 11.50.090.
K. The issue of concurrency approval may be raised as part of any appeal of the land use permit for which the concurrency approval was granted. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.090 Final certificate of concurrency.
A. A final certificate of concurrency shall be issued upon final approval of the construction permits, or recording of final plat or final short plat, for which a temporary certificate of concurrency was issued.
B. The final certificate of concurrency will only be valid for the type and intensity of development that was approved by the City, unless concurrency approval also covered subsequent project phases, as identified in the temporary certificate of concurrency.
C. The final certificate of concurrency shall be adjusted to account for any reduction in traffic generation previously accounted for and reserved by the temporary certificate of concurrency.
D. If a proposed development project is modified during the review process and results in increased PM peak hour trips, then a new concurrency application, evaluation, approval, and temporary certificate of concurrency shall be required prior to issuance of a final certificate of concurrency.
E. The final certificate of concurrency shall include the following information:
1. The property address and King County Assessor’s parcel number(s) for the development project;
2. The number and type of dwelling units, square footage of commercial or industrial floor area, specific uses, densities, and intensities for which permit(s) were approved, including the number of PM peak hour trips generated by the development;
3. Mitigating measures required to ensure adequate transportation capacity for the approved development project, as approved by the Director;
4. An effective date; and
5. An expiration date.
F. A final certificate of concurrency shall be valid for the same time period as the construction permit, or final plat, or final short plat. If the approved construction permit, or plat, subsequently lapses, expires, or is otherwise voided, then the concurrency approval and final certificate of concurrency is rescinded and the project is removed from the concurrency register. If the construction permit approval or short plat does not have an expiration date, the final certificate of concurrency shall be valid for exactly five (5) years from the date issued.
G. The final certificate of concurrency may be extended by requesting a new issuance from the Director with an updated expiration date. The final certificate of concurrency can be extended to remain in effect for the life of each subsequent construction permit approval for the same property, as long as the applicant obtains the subsequent construction permit approval prior to the expiration of the first construction permit approval.
H. Once a project has received a certificate of occupancy for all buildings on the site or is otherwise complete, the final certificate of concurrency is valid for the life of the approved project.
I. The final certificate of concurrency runs with the property for which the certificate was issued and is valid only for subsequent development permit approvals for the same parcel. A final certificate of concurrency cannot be transferred to a different property and shall be limited to uses and intensities for which it was originally issued.
J. If at any point the property becomes vacant or the buildings are demolished, the final certificate of concurrency is valid for no more than five (5) years past the date of vacancy or demolition.
K. A final certificate of concurrency may be voluntarily surrendered or withdrawn by the owner of the property for which the certificate was issued. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.100 Denial of concurrency and mitigation.
A. If adequate transportation facilities are not available to serve a proposed development as identified in the concurrency evaluation, then the temporary certificate of concurrency shall not be issued.
B. If transportation concurrency is denied, the applicant may select one (1) of the following options:
1. Accept the denial of transportation concurrency. The project will be removed from subsequent concurrency evaluations, and the concurrency application will not be further processed by the Director.
2. Amend and resubmit the concurrency application within ninety (90) calendar-days of the denial.
a. The concurrency application may be amended to:
i. Reduce the scale and impact of the development project so the level of service standards on concurrency corridors are met with development of the project; or
ii. Phase the development project to match future construction of transportation infrastructure or services that will met the level of service standards; or
iii. Voluntarily arrange, by a financial commitment or instrument approved by the Director, to implement or construct transportation improvements or transportation demand management strategies needed to achieve concurrency. Transportation mitigation must be acceptable to the City in form and amount, to guarantee the applicant’s financial obligation for capital improvements to achieve concurrency approval for the development units.
3. Appeal the denial of concurrency and non-issuance of a temporary certificate of concurrency, pursuant to the provisions of SMC 11.50.150.
C. If a development that is consistent with the zoning provided in the comprehensive plan fails the concurrency evaluation, the City may review whether the underlying zoning is appropriate in the given area, as well as the feasibility of providing increased transportation capacity in the area, consistent with the adopted comprehensive plan and projected six (6) year transportation improvement program funding. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.110 Concurrency management program administration – Purpose and procedure.
A. The concurrency management program shall be administered by the Director pursuant to this chapter.
B. The Director shall prepare administrative guidelines to assure the requirements of this chapter are implemented in a consistent and systematic process. The guidelines shall provide the basis for conducting the concurrency study and review of development applications including the concurrency application, evaluation, determination, and tracking of concurrency approvals and denials.
C. The director is responsible for reporting on whether the City’s transportation system is keeping up with development within the City, as well as reviewing, reassessing, and updating the concurrency program, on an as-needed basis. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.120 Relationship to street standards.
Neither compliance with this chapter or the payment of any fee hereunder shall replace the requirements related to City street standards pursuant to Chapter 11.05 SMC. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.130 Relationship to SEPA.
This chapter is not intended to limit the application of the State Environmental Policy Act to specific proposals. Each proposal shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.140 Relationship to transportation impact fees.
Neither compliance with this chapter or the payment of any fee hereunder shall replace the requirements related to transportation impact fees pursuant to Chapter 11.15 SMC. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.150 Reconsiderations and appeals.
A. The applicant may request an administrative reconsideration of a concurrency determination.
B. Concurrency determinations cannot be reconsidered or appealed for the following reasons:
1. The methodology of the concurrency test in the comprehensive plan and in this title is incorrect;
2. The adopted level of service established in the comprehensive plan is incorrect; and
3. A provision of this title is incorrect or invalid.
C. Reconsiderations.
1. The applicant may request reconsideration of the results of the concurrency evaluation within fifteen (15) calendar days of the written notification of the evaluation results by filing a formal request for reconsideration specifying the grounds thereof, using forms authorized by the department.
2. The director shall reconsider the evaluation results and issue a determination within thirty (30) calendar days of the filing of such request either upholding the original determination or amending it.
D. Appeals.
1. Appeals of the concurrency determination shall first be made to the Director for reconsideration as per subsection (A) of this section.
2. If reconsideration is not granted and the original decision is not modified, an applicant or other person aggrieved by a concurrency determination (denial or approval) may file a formal appeal, pursuant to Chapter 16A.17 SMC.
3. The appeal of a concurrency determination will occur after all administrative permits related to the development activity are issued.
4. The concurrency determination appeal will be consolidated with any other administrative appeals as provided for in SMC 16A.19.020(G).
5. The City’s Hearing Examiner shall hear the concurrency determination appeal under the procedures set forth in Chapter 16A.17 SMC. (Ord. 20-1001 § 1 (Exh. A) (part))
11.50.160 Fees.
A. The fees charged for reviewing and processing a concurrency application, including the concurrency evaluation, issuance of temporary and final certificates of concurrency, or appeal of concurrency evaluation denial, shall be as specified in the fee schedule as established by City Council ordinance.
B. Exemption from Concurrency Review and Processing Fees. City-owned facilities will be exempted from the concurrency review and processing fees provided in the unified fee schedule. City-owned facilities cannot be exempted from concurrency review by law. (Ord. 20-1001 § 1 (Exh. A) (part))