HomeMy WebLinkAboutOrd 2110 - TMC Chapter 9.50 "Concurrency Management" (Repealed by Ord 2635)
Cover page to Ordinance 2110
The full text of the ordinance follows this cover page.
Ordinance 2110 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2635
2155
Amended by 2155 y o
1 908
C• 1 of
Washington
Ordinance No. 2110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REGARDING CONCURRENCY MANAGEMENT;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Growth Management Act requires that the City adopt and enforce
ordinances "which prohibit development approval if the development causes the level of
service on a locally owned 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." (RCW 36.70A.070(6)(b); and
WHEREAS, experience implementing the prescribed procedures has indicated a
need to revise the evaluation procedures to ensure concurrency is achieved;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Intent.
A. Pursuant to the State Growth Management Act, RCW 36.70A, after the adoption
of its Comprehensive Plan, the City of Tukwila is required by RCW 36.70A.070(6)(e) to
ensure that transportation improvements or strategies to accommodate the impacts of
development are provided concurrent with the development. Further, the City is bound
by the planning goals of RCW 36.70A.020 to ensure that public facilities and services
necessary to support development shall be adequate to serve the development at the time
the development is available for occupancy and use without decreasing current service
levels below locally established minimum standards, hereinafter "concurrency."
B. The intent of this Ordinance is to establish a concurrency management system to
ensure that concurrency facilities and services needed to maintain minimum level of
service standards can be provided simultaneous to, or within a reasonable time after,
development occupancy or use. Concurrency facilities adopted by the City's
Comprehensive Plan are roads, potable water, sanitary sewer, and storm water
management. This Ordinance furthers the goals, policies and implementation strategies
and objectives of the Comprehensive Plan.
C. The concurrency management system provides the necessary regulatory
mechanism for evaluating requests for development to ensure that adequate concurrency
facilities can be provided within a reasonable time of the development impact. The
concurrency management system also provides a framework for determining facilities
and services needs and provides a basis for meeting those needs through capital facilities
planning.
D. For water, sewer, and surface water, the facilities must be in place at the time of
development impact; and for roads, the facilities must be in place within six years of the
time of the development impact. Applicants with developments that would cause the
level of service on concurrency facilities to decline below City standards can have their
developments approved by implementing measures that offset their impacts and would
maintain the City's standard for level of service.
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Section 2. Definitions. The definitions contained in this Ordinance apply
throughout this Ordinance unless, from the context, another meaning is clearly intended.
1. "Adequate" means equal to or better than the level of service standards
specified in the current adopted capital facilities element.
2. "Applicant" means a person who applies for any certificate of concurrency
under this Ordinance and who is the owner of the subject property or the authorized
agent of the property.
3. "Available water, sewer, and surface water capacity" means there is adequate
capacity, based on adopted level of service standards, for water, sewer, and surface water
facilities currently existing without requiring facility construction, expansion, or
modification.
Code.
4. "Building permit" refers to any permit issued under the Uniform Building
5. "Certificate of concurrency" means the statement accompanying the Public
Works Department's development standards that are issued with an approved
development permit or the Public Works Department's conditions of approval that are
issued with an approved building permit. The statement shall state that a certificate of
concurrency is issued and indicate:
a. For water, sewer, and surface water, the capacity of the concurrency
facilities that are available and reserved for the specific uses, densities and intensities as
described in the development permit or building permit; and
b. For road facilities assigned to the development for the specific uses,
densities and intensities as described in the development permit or building permit;
and
c. Conditions of approval, if applicable; and
d. An effective date; and
e. An expiration date.
6. "Concurrency" means facilities or strategies that achieve the City's level of
service standards and that:
a. For water, sewer, surface water, and roads: facilities that exist at the
time development is approved by the Public Works Department; or
b. For roads:
(1) Are included in the City's Capital Improvement Plan at the time
development is approved by the Public Works Department; or
(2) Will be available and complete no later than six years after
completion of the development, and the applicant and or the City provides a financial
commitment which is in place at the time the development is approved by the Public
Works Department.
7. "Concurrency facilities" means facilities for which concurrency is required in
accordance with the provision of this Ordinance. They are roads, water, sanitary sewer,
and surface water facilities.
8. Concurrency test" means:
a. For water, sewer, and surface water, the comparison of a
development's demand to the available capacity of each concurrency facility; and
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b. For roads, the comparison of the development's impact on the level of
service standards of each effected subarea.
A concurrency test must be passed for water, sewer, surface water, and roads,
and a notice issued by the Public Works Department in order to obtain a certificate of
concurrency. The concurrency test notice shall be valid for one year.
9. "Development permit" means a land use permit and includes short plat,
preliminary or final rezone /reclassification, zoning permit, master plan, shoreline
substantial development permit /conditional use permit, planned unit development, or
any other permit or approval under the Zoning Code or Subdivision Ordinance or
Shoreline Master Program.
a. Revenue sources anticipated to be available and designated for
facilities in the Comprehensive Plan;
b. Unanticipated revenue from federal and state grants for which the City
has received notice of approval;
c. Funding that is assured by the applicant in a form approved by the
Public Works Department.
11. "Level of service standard" means those standards specified in the adopted
transportation element of the Comprehensive Plan. For water, sewer, and surface
water, "level of service standard" also means those standards defined in TMC Title 14.
sewer.
10. "Financial commitment" means:
12. "Non -City managed facilities" include any noncity provider of water or
13. "Planned capacity" means road facilities that do not exist but for which the
necessary facility construction, expansion, or modification project is contained in the
current capital facilities element of the Comprehensive Plan. The improvements must be
scheduled to be completed within six years and the financial commitment must be in
place at the time of approval of the certificate of concurrency to complete the
improvements within six years.
14. "Public Works Department" means the Public Works Director or his /her
designee will perform the concurrency test.
15. "Transportation strategies" means transportation demand management
strategies and other techniques or programs that reduce single occupant vehicle travel.
16. "Vested" means the right to develop or continue development in accordance
with the laws, rules, and other regulations in effect at the time the building permit
application is deemed complete.
Section 3. Concurrency Test.
A. Timing. All applicants must apply for the concurrency test and receive notice of
passing the test before the City will consider an application for any development permit
or building permit to be complete.
B. Procedures.
1. Applications for concurrency shall be submitted on forms provided by the
Public Works Department. The concurrency test shall be done in order of "first in, first
out," once the Public Works Department determines the application is complete.
2. The applicant shall be responsible to provide to the Public Works
Department a certificate of availability for water and sewer with the concurrency
application submittal if the property is serviced by a non -city managed utility.
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3. The applicant shall submit a detailed project description of the development,
including location, vehicular circulation, and gross floor area by use, as part of the
concurrency application and concurrency test fee.
4. A concurrency test shall be performed only for specific property, uses,
densities and intensities based on the information provided by the applicant. The
applicant shall specify densities and intensities that are consistent with the uses allowed
for the property. If the concurrency test is being requested in conjunction with an
application for rezone, the applicant shall specify densities and intensities that are
consistent with the proposed zoning for the property. Changes to the uses, densities and
intensities that create additional impacts on concurrency facilities shall be subject to an
additional concurrency test.
5. The Public Works Director or his designee shall perform the concurrency
test. The project must receive a passing grade prior to approval of the development
permit or building permit.
6. The Public Works Director or his designees shall notify the applicant of the
test results in writing and shall notify other City departments of the test results. The date
of written notification to the applicant shall be the date of issuance of the concurrency test
notice.
7. The concurrency test notice shall expire within ninety calendar days of its
issuance unless the applicant submits a SEPA environmental checklist and all required
documentation pursuant to TMC 21.04, together with the site plan, the traffic impact
analysis prepared in accordance with the City's traffic impact analysis guidelines and
containing the traffic information derived from the concurrency test outcome, and the
SEPA review fee. No extensions may be granted for submittal of a complete SEPA
environmental checklist and all required documentation.
8. If the deadline for submittal of a complete SEPA environmental checklist and
all required documentation is met as described above in subsection (7) of this section, the
concurrency test notice shall be valid for one year from the date of issuance of the
concurrency test notice.
9. The concurrency test notice shall expire unless a certificate of concurrency is
issued or an extension of the notice is granted within one year from the date of issuance of
the concurrency test notice.
10 An applicant must apply for a new concurrency test if the notice expires or
an extension is not granted.
11. The Public Works Director may approve an extension of up to one year if:
a. The applicant submits a letter in writing requesting the extension before
the expiration date. The applicant must show that he/ she is not responsible for the delay
in issuing the certificate of concurrency, and has acted in good faith to obtain a certificate;
and
b. If the property is serviced by a non -City managed utility, then the
applicant must submit a letter from the utility approving the extension before the
expiration date.
12. Once the associated development permit or building permit is approved, the
Public Works Department shall issue a final certificate of concurrency. The concurrency
certificate is valid for a period of 2 years or as long as the developer possesses a valid
building permit for the development.
13. The Public Works Department shall be responsible for accumulating the
impacts created by each application and removing any impacts from the City's
concurrency records for an expired concurrency test notice, an expired development
permit or building permit, a discontinued certificate or other action resulting in an
applicant no longer causing impacts which have been accounted for in the City records.
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14. The Public Works Department shall be responsible to coordinate with
applicable non -City managed utility operators for maintenance and monitoring of
available and planned capacity for these utilities.
15. A certificate of concurrency shall apply only to the specific land use, density
and intensity described in the application for a development permit or building permit.
No development shall be required to obtain more than one certificate of concurrency for
each building, unless the applicant or subsequent owner proposes changes or
modifications to the property location, density, intensity, or land use that creates
additional impacts on concurrency facilities.
16. A certificate of concurrency is not transferable to other land, but may be
transferred to new owners of the original land.
Section 4. Test. Development applications that would result in a level of service
reduction below the established standard shall not be approved. For potable water and
sanitary sewer, available system capacity will be used in conducting the concurrency test.
For surface water, the water quality, amount of detention needed, and the system's
conveyance capacity will be used in conducting the concurrency test.
1. For water, sanitary sewer, and the surface water conveyance system, if the
capacity of the concurrency facilities with the development application added is equal to
or better than the capacity required to maintain the established level of service standard,
then the concurrency test is passed. In addition for surface water, the water quality and
detention standards described in the 1998 King County Surface Water Design Manual
must be met.
2. For roads, the concurrency test compares level of service at intersections or
corridors, as defined in the transportation element, both with and without the
development at a time 6 years after the estimated occupancy of the development. If the
level of service is equal to or better than the level of service standard, the concurrency test
is passed.
3. If the concurrency test is not passed for water, sewer, surface water, or roads,
then the applicant may retest for concurrency after doing one or both of the following:
a. Modifying the application to reduce the need for the non- existent
concurrency facilities. Reduction of need can be through the reduction of the size of the
development, reduction of trips generated by original proposed development, or phasing
of the development to match future concurrency facility construction; or
b. Arranging to fund the improvements for the additional capacity
required for the concurrency facilities, as approved by the Public Works Director.
Section 5. Concurrency for Phased Development.
A. An applicant may request concurrency for a phased development if the Public
Works Director determines that the two criteria described below in Subsection B of this
Section are met. The application for concurrency must be accompanied by a schedule for
construction of the buildings, parking and other improvements and by a written request
for the development to be considered in phases.
B. The Public Works Director or his designee may approve concurrency for phased
development if both of the following criteria are met:
1. No associated development permit is required before building permit
applications can be submitted; and
2. The application is for an integrated development site plan with multiple
buildings that are interdependent for vehicular and pedestrian access and parking.
C. A concurrency application for phased development shall follow the same timing
and procedure as set forth in this Ordinance, except that:
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1. Only one concurrency test notice shall be issued for all buildings proposed
for phased development;
2. Each building approved for phased development shall be issued a certificate
of concurrency at the same time as the building permit;
3. The concurrency test notice for an approved phased development shall be
valid for five years from the date of its issuance; provided that a certificate of concurrency
is issued for a building within one year of the date of issuance of the concurrency test
notice or within two years if an extension is timely requested and the request is granted.
D. The Public Works Director or his designee may approve an extension of up to
one year for obtaining the first certificate of concurrency and the final certificate of
concurrency for the phased development, consistent with the terms of this Ordinance.
E. In no case shall the concurrency test notice be valid for more than six years from
the date of issuance of the notice. The applicant must apply for a new concurrency test for
any building approved for phased development that has not been issued a building
permit within six years from the date of issuance of the concurrency test notice.
A. The Public Works Director or his designee shall cause notice of issuance of the
concurrency test notice to be given in the same manner and at the same time as the SEPA
public notice of TMC 21.04.
B. The notice shall include the name of the applicant, the City file number, the
address and description of the development and the procedures for filing an appeal.
Section 7. Exemptions. The requirement for a concurrency test shall not apply to
single- family dwelling unit building permits, multi family building permits for projects
containing four or fewer units, short plats, or any non residential project that is
categorically exempt from SEPA pursuant to TMC 21.04.080, .100, or .110. The Public
Works Department shall also waive compliance for a traffic concurrency test for other
projects, that will not generate more than 30 net new "p.m. peak hour" traffic trips.
Section 8. Vesting. Applicants shall be vested under the laws, rules and other
regulations in effect prior to the effective date of this ordinance if they have, prior to the
effective date of this ordinance:
or
Section 6. Public Notice of Concurrency Test.
1. Submited a building permit application that the City has deemed complete;
2. Entered into formal negotiations with the City for a development agreement
in accordance with RCW 36.70B.170 through 36.70B.210; or
3. Have a signed agreement with the City that is still in effect.
Section 9. Improvements to Concurrency Facilities.
A. The City shall provide, or arrange for others to provide, adequate facilities
through construction of needed capital improvements in implementing strategies which
do the following:
1. Achieve level of service standards for anticipated future development and
redevelopment caused by previously issued and new development and building permits;
and
2. Repair or replace obsolete or deteriorating facilities.
B. Improvements to the facilities shall be consistent with the transportation element,
utilities element and Capital Improvement Program of the Comprehensive Plan.
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Section 10. Capital Facilities Plan and Capital Improvement Program. The City
shall include in the capital appropriations of its budget for expenditure during the
appropriate fiscal year financial commitments for all capital improvement projects
required for level of service standards, except the City may omit from its budget any
capital improvements for which a binding agreement has been executed with another
party to provide the same project in the same fiscal year.
Section 11. Intergovernmental Coordination.
A. The City may enter into agreements with other local governments, applicable
non -City managed utilities, King County, the state of Washington, and other facility
providers to coordinate the imposition of level of service standards and other mitigations
for concurrency.
B. The City may apply standards and mitigations to development in the City that
impacts other local jurisdictions. The City may agree to accept and implement conditions
and mitigations that are imposed by other jurisdictions on development in their
jurisdiction that impact the City.
Section 12. Administrative Rules and Procedures. The Public Works Department
shall be authorized to establish administrative rules and procedures for administering the
concurrency test system. The administrative rules and procedures shall include but not
be limited to application forms, necessary submittal information, processing times, and
issuance of the concurrency test notice and the certificate of concurrency.
Section 13. Appeals.
A. Procedures. The applicant may appeal the results of the concurrency test based
on three grounds:
1. a technical error;
2. the applicant provided alternative data or a traffic mitigation plan that was
rejected by the City; or
3. delay in review and approval caused solely by the City that allowed capacity
to be given to another applicant. The applicant must file a notice of appeal with the
Public Works Department within 15 days of the notification of the test results. The notice
of appeal must specify the grounds thereof, and must be submitted on the form
authorized by the Public Works Department. Each appeal must be submitted with the
appeal fee set forth in TMC 18.108.020.
B. Hearing Schedule and Notification. When the appeal has been filed within the
time prescribed, in proper form, with the appropriate data and payment of the required
fee, the Public Works Department shall transmit the appeal to the hearing examiner for
scheduling. Notice of the public hearing shall be given to the applicant at least 15 days
prior to the hearing date.
C. Record. The Public Works Departiiient shall transmit to the Hearing Examiner
all papers, calculations, plans and other materials constituting the record of the
concurrency test, at least 7 days prior to the scheduled hearing date. The Examiner shall
consider the appeal upon the record transmitted, supplemented by any additional
competent evidence, which the parties in interest may desire to submit.
D. Burden of Proof. The burden of proof shall be on the appellant to show by a
preponderance of the evidence that the Public Works Director was in error.
Section 14. SEPA Exemption. A determination of concurrency shall be an
administrative action of the City of Tukwila that is categorically exempt from the State
Environmental Policy Act.
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Section 15. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 16. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF
at a Regular Meeting thereof this 5TH DAY OF DECEMBER, 2005
ATTEST/ AUTHENTICATED:
JANE E. Cantu CMC, City Clerk
APPROVED AS-TO BY:
Office of the City
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THE CITY Of TUKWILA, WASHINGTON,
day of 2005.
Steven M. Mullet, Mayor
Filed with the City Clerk D
Passed by the City Council /2
Published /c;/ CS
Effective DatP• f C C
Ordinance Number G
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SUMMARY OF ORDINANCE
No. 2110
City of Tukwila, Washington
On December 5, 2005, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2110, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, regarding
Concurrency Management; providing for severability; and establishing an effective
date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Special Meeting of December 5, 2005.
Jfr e E. Cantu, CMC, City Clerk
Published Seattle Times: December 9, 2005