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HomeMy WebLinkAboutCOW 2005-11-28 Item 4F - Ordinance - Concurrency Management COUNCIL AGENDA SYNOPSIS 7 10 \."5 Illlttalf ITEM NO. 0 4(A0 G I Aleeti, Date I Prepared b 4 1 Mayor's review 1 Council reotezw 1033 11/28/05 1 rsoa I I I '4_ ITEM INFORMATION CAS NUMBER: 05-155 I ORIGINAL AGENDA DATE: NOVEMBER 28, 2005 AGENDA ITEM TITLE Concurrency Ordinance CATEGORY Dzscusszon Motion Resolutzon Ordinance BzdAward Public Hearzng Other Mtg Date Mtg Date Mtg Date Mtg Date 11/28/05 liltg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV l SPONSOR'S A Concurrency Ordinance is required to implement the level of service (LOS) policies SUMMARY contained in the Comprehensive Plan update. This ordinance codifies the proposed LOS standards contained in Tukwila's existing Comprehensive Plan and the proposed update to the Transportation Element. The steps new development must take in order to receive a certificate of concurrency for transportation, water, sewer, and surface water are clearly defined. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 11/14/05 RECOMMENDATIONS: SPONSOR /ADIIIN Forward to COW for discussion and then adoption. COMMITTEE Forward to COW. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source. Comments: MTG. DATE RECORD OF COUNCIL ACTION !Joint City Council Planning Commission Meetings 6/9/05, 9/8/05, 10/12/05. 11/28/05 1 MTG. DATE ATTACHMENTS 11/28/05 Information Memo dated November 18, 2005 Ordinance Transportation Committee Meeting Minutes from November 14, 2005 stiw (Please bring large bound City of Tukwila Transportation Plan) \TUK2 \VOL1\PUB WORKS \Cyndy\Concur ency Impact Pees \CAS Concurrency Ord 11- 28 -05.doc INFORiVIATIONAL l\IIE:MORANDUM Date: Subject: Mayor Mullet Public W orks Directo~ November 18, 2005 Concurrency Ordinance To: From: ISSUE A Concurrency Ordinance is required to implement the level of service polices contained within the Comprehensive Plan. DISCUSSION State law requires the City of Tukwila to plan under the Growth Management Act (GMA). One significant update in the City's Comprehensive Plan's Transportation Element is the level of service (LOS) standard and the methodology used to calculate it. LOS standards for water, sewer, and surface water are already identified within the existing Comprehensive Plan and are reiterated in the attached ordinance. Level of Service measures the quality of traffic flow on the City's roadways. For water, sewer, and surface water is a measurement of the capacity. Level of service is the guiding principle behind the City's Concurrency program. The GMA requires that an adopted LOS standard be maintained concurrent with growth. Through the planning process, specific new development and normal background growth are projected over a twenty-year period. For traffic, the increased volume of trips is then modeled to determine the impacts upon the City's roadways. From the modeling process, roadway improvements are identified that will maintain the City's adopted LOS standard. For water, sewer, and surface water systems, increases in flows are determined through engineering analysis and compared to the system's current capacity. The attached ordinance codifies the proposed LOS standards contained in the City's existing Comprehensive Plan and the proposed update to the Transportation Element. It also clearly defmes the steps new development must take in order to receive a certificate of concurrency for transportation, water, sewer, and surface water systems. A new section addressing "vesting, " Section 8, has been added. Applicants who have submitted either a building permit, entered into "formal" negotiations with the City for a development agreement, or have a signed agreement in place that addresses traffic concurrency shall be vested under the laws, rules, and other regulations in effect prior to the date of the proposed ordinance. RECOMMENDATION Refer to the next regular meeting for adoption. p:\jim\concurrency memo.doc CITY OF TUKWILA WASHINGTON ORDINANCE NO. AN ORDINANCE 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. 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." 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 stonn water management. This Ordinance furthers the goals, policies and implementation strategies and objectives of the Comprehensive Plan. 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. - I - P:\Jim\Concurrency Ordinance.DOC/J/11l18/05 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. Section 2. Definitions. The defInitions contained in this Ordinance apply throughout this Ordinance unless, from the context, another meaning is clearly intended. A. "Adequate" means equal to or better than the level of service standards specified in the current adopted capital facilities element. \ B. "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. C. "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. D. "Building permit" refers to any permit issued under the Unifonn Building Code. E. "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: 1. 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 2. For road facilities assigned to the development for the specific uses, densities and intensities as described in the development pennit or building pennit; and 3. Conditions of approval, if applicable; and 4. An effective date; and 5. An expiration date. F. "Concurrency" means facilities or strategies that achieve the City's level of service standards and that: 1. For water, sewer, surface water, and roads facilities that exist at the time development is approved by the Public Works Department; or 2. For roads: a. Are planned in the Comprehensive Plan at the time development is approved by the Public Works Department; or b. Will be available and complete no later than six years after completion of the -2- P.\Jirn\Concurrency Ordinance.DOC/J/111l8/05 development, and the applicant and/or the City provides a fmancial commitment which is in place at the time the development is approved by the Public Works Department. G. "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. H. "Concurrency test" means: 1. For water, sewer, and surface water, the comparison of a development's demand to the available capacity of each concurrency facility; and 2. 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. I. "Development permit" means a land use permit. Development permits include short plat, preliminary or fmal 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. J. "Financial commitment" means: 1. Revenue sources anticipated to be available and designated for facilities in the Comprehensive Plan; 2. Unanticipated revenue ITom federal and state grants for which the City has received notice of approval; 3. Funding that is assured by the applicant in a fonn approved by the Public Works Department. K. "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. L. "Noncity managed facilities " include any noncity provider of water or sewer. M. "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. N. "Public Works Official" means Public Works Department employees designated by the Public Works Director to perfonn the concurrency test. - 3 - P\Jim\Concurrency Ordinance.DOC/J/l1l18/05 O. "Transportation strategies" means transportation demand management strategies and other techniques or programs that reduce single occupant vehicle travel. P. "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 detennines the application is complete. 2. The applicant shall be responsible to provide to the Public \Vorks 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. 3. The applicant shall submit a detailed project description of the development, including location, vehicular circulation, and gross floor area by use, with 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 SEP A environmental checklist and all required documentation pursuant to TMC 21.04, together with the site plan, the traffic impact analysis prepared in - 4- P\Jim\Concurrency Ordinance.DOC/J/lI/l8/05 accordance with the City's traffic impact analysis guidelines and containing the traffic infonnation derived ITom the concurrency test outcome, and the SEP A review fee. No extensions may be granted for submittal of a complete SEP A 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 ITom 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 ITom the date of issuance of the concurrency test notice. IO. An applicant must apply for a new concurrency test if the notice expires or an extension is not granted. ' II. 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 ITom 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 ITom 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. 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. IS. 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. - S - P\Jim\Concurrency Ordinance.DOC/J/lIIlS/05 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; water quality, amount of detention needed, and the system's conveyance capacity will be used in conducting the concurrency test. A. 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. B. 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. C. 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: 1. 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 2. 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 Warks Director or his designee may approve concurrency for phased development ifboth 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. - 6- P.Vim\Concurrency Ordinance.DOC/J/11118/05 C. A concurrency application for phased development shall follow the same timing and procedure as set forth in this Ordinance, except that: 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 pennit; 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 tenns 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 pennit within six years from the date of issuance of the concurrency test notice. Section 6. Public Notice of Concurrency Test. 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 SEP A public notice ofTMC 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 building permits, multi-family building pennits for projects containing four or fewer units, short plats, or any non-residential project that is categorically exempt from SEP A 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 which 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: A. Submited a building pennit application that the City has deemed complete; or B. Entered into fonnal negotiations with the City for a development agreement in accordance with RCW 36.70B.170 through 36.70B.21 0; or - 7 - P"\Jim\Concurrency Ordinance.DOC/l/111l8/0S C. Have a signed agreement with the City that is still in effect. Section 9. Improvements to Concurrency Facilities. 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: A. Achieve level of service standards for anticipated future development and redevelopment caused by previously issued and new development and building permits; and B. Repair or replace obsolete or deteriorating facilities. Improvements to the facilities shall be consistent with the transportation element, utilities element and Capital Improvement Program of the Comprehensive Plan. 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 fmancial 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 - 8- P"\Jim\Concurrency Ordinance.DOC/J/lIIlS/05 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 fonn, 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 Department 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. SEP A Exemption. A detennination of concurrency shall be an administrative action of the City of Tukwila that is categorically exempt ITom the State Environmental Policy Act. Section 15. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 16. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF ,2005. CITY OF TUKWILA Mayor Steven M. Mullet ATIEST/AUTHENTICATED: Jane Cantu, City Clerk Approved as to fonn: Shelley M. Kerslake, City Attorney -9- Filed with the City Clerk: Passed by the City Council: Date of Publication: Effective Date: Transportation Committee November 14, 2005 Present Jim Haggerton, Chair; Joe Duffie, Pam Carter Jim MOlTOW, Jack Pace, Rebecca Fox, Cyl1dy Knighton, Derek Speck, Lisa Verner, Lucy Lauterbach; Chuck Parrish, Steve DIJuho-Foster Pepper & Shefelman, Dave Markly, Brent Carson- Buck & Gordon, Sue Carlson, Dave Kautz, Mark Segale 1. Transportation Element Rebecca explained the process of how the Transportation Element is updated as part ofthe Comprehensive Plan. Updates can only occur once a year. A Transit Plan and Comprehensive Transportation Plan will be included in this update The Planning Commission held a public heanng 011 the Element. The TransportatIOn Element wIll guide the City's transportatIOn needs in the next few years, and will provide a framework for Implementmg ordinances on concurrency and impact fees. Recommend Transportation Comprehensive Plan Element to CUW. )f<. 2. Concurrency Ordinance The State Growth Management Act (GNIA) reqUIres that an . adopted Level of Service standard be mamtained as growth occurs. ThIs is done through a Concurrency Ordinance. Concurrency will be required in transportation, water, sewer, and surface water. Not only capacity IS required to keep up with growth, but In water, water quality must also be consIdered. The mayor told representatives of Tukwila South (TS) and the Westfield Shoppingtown(the Mall) that the City would address theIr traffic mitigation though th~ir Developer Agreements and the proposed Impact Fee ordinance would not be applied to their developments. Both developers had suggested language that could be added to the Concurrency and Impact Fee ordinances. Jim Morrow had reservations about naming developments in ordmances that implement the Transportation Element of the Comp Plan. Three options were suggested: inserting language to exempt TS, the Mall, and the Penney's redevelopment; delaying adoption of the two implementing ordinances; or having a transition time for the new ordinance to be put into full effect. The Concurrency and the Impact Fee ordmances would go into effect at year's end unless a change is made. Jim H expressed concern about the number of "must" and "shall" provisions throughout the Concurrency ordmance. Pam asked that a provision under the Concurrency Test procedures be clarified. The Committee members asked that the CIty Attorney give a clear explanation of how this and the Impact Fee ordinance related to the developer agreements that are in process now, and options for addressing that issue. Recommend ordinance and options to COW. 3. Impact Fee Ordinance Impact fees were discussed m thejomt meetings of the Planning Commission and Council. Cyndy said they had decIded finally on having four areas for Impact fee levels. Zone 1 is the Urban Center; Zones 2 & 3 are residential (though they mclude Till and Interurban businesses), and Zone 4 includes Ryan Hill and the industrial area in the north part of the CIty. Ryan Hill was included m Zone 4 because their main access is through the industnal area. Because most of the proJects m the six coming years are known about, Cyndy IS able to