HomeMy WebLinkAboutOrd 2635 - TMC Chapter 9.50 "Concurrency Management" - Concurrency Testing AmendmentCitv of Tukwila
Washington
Ordinance No. Z. 6 3 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS.
2110 AND 2155, AS CODIFIED AS CHAPTER 9.50,
"CONCURRENCY MANAGEMENT;" REENACTING TMC
CHAPTER 9.50 TO AMEND REGULATIONS RELATING TO
CONCURRENCY TESTING; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City established concurrency management in 2005 to ensure that
concurrency infrastructure was in place prior to approval of new development permits;
and
WHEREAS, the City Council desires to amend information relating to concurrency
testing to better reflect actual processes used;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2155 and 2110, as codified as Tukwila
Municipal Code (TMC) Chapter 9.50, "Con cu rrency Management," are hereby repealed.
Section 2. TMC Chapter 9.50 Reenacted. TMC Chapter 9.50 is hereby re-enacted
to read as follows:
CHAPTER 9.50
CONCURRENCY MANAGEMENT
Sections:
9.50.010 Purpose
9.50.020 Definitions
9.50.030 Concurrency Test
9.50.040 Test Criteria
9.50.050 Con cu rrency for Phased Development
9.50.060 Exemptions
9.50.070 Vesting
9.50.080 Improvements to Concurrency Facilities
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9.50.090 Capital Facilities Plan and Capital Improvement Program
9.50.100 Intergovernmental Coordination
9.50.110 Administrative Rules and Procedures
9.50.120 Appeals
9.50.130 SEPA Exemption
Section 3. TMC Section 9.50.010 is hereby reenacted to read as follows:
9.50.010 Purpose
A. Pu rsu ant to the State Growth Management Act, RCW 36.70A, after th e adoption of
its Comprehensive Plan, the City of Tukwila is required by RCW 36.70A.070(6)(b) to ensure
th attran sportation improvements orstrategies to accommodate th e 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 chapter 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 chapterfurthers
the goals, policies and implementation strategies and objectives of the Comprehensive Plan.
C. The concurrency management system provides the necessary regulatory
mech an ism for evaluating requests for development to ensu re that adequate con currency
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 su rface water, th e facilities must be in place at th e time of
development approval; and for roads, the facilities must be in place within six years of the
time of the development approval. 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 4. TMC Section 9.50.020 is hereby reenacted to read as follows:
9.50.020 Definitions.
The definitions contained in TMC 9.50.020 apply throughout this chapter 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.
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2. "Applicanrmeans a person who applies for any certificate of concurrency
under this chapter 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.
4. "Building permirrefers to any permit issued under the Uniform Building Code.
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. Forwater, sewer, surface water, an d roads: facilities that exist at the time
development is approved by the Pu blic Works Department; or
b. For roads:
(1) Are included in the City's Capital Improvement Plan at the time
development is approved by the Pu blic 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 chapter. They are roads, water, sanitary sewer, and
surface water facilities.
8. "Concurrency test" means:
a. Forwater, sewer, and su rface water, the comparison of a developments
demand to the available capacity of each concurrency facility; and
b. For roads, the comparison of the development's impact on the level of
service standards of each effected subarea.
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A concurrency test must be passed for roads, and a notice issued by the Public
Works Department in order to obtain a certificate of concurrency.
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 u nder the Zoning Code or Subdivision Code or Shoreline Master Program.
10. "Financial commitment"means:
a. Revenue sou rces 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 th at 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.
12. "Non -City managed facilities" include any non -city provider of water or
sewer.
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 elementof th e Compreh ensive 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 designee.
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 5. TMC Section 9.50.030 is hereby reenacted to read as follows:
9.50.030 Concurrency Test
A. Timing. All applicants must apply for the transportation concurrency test and
receive notice of passing the test before the City will approve an application for any
development permit or building permit. An application for a concurrency test may be
submitted with other development submittals.
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B. Procedures.
1. Applications for a concurrency test shall be submitted on forms provided by
the PublicWorks 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 provide to the PublicWorks Department a certificate of
availabilityforwater and sewer with the application submittal if the property is serviced by
a non -City managed utility. For City managed utilities, a determination will be made on
availability and a certificate of availability shall be issued. This certificate of availability
shall suffice as meeting the concurrency test for water and sewer utilities.
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 shall pay the concurrency test fee as adopted by motion or
resolution of the Tukwila City Council.
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 designee shall perform the concurrency test.
The project must pass the concurrency test prior to approval of the development permit
or building permit.
6. The Public Works Director or designee shall notify the applicant of the test
results in writing. The date of written notification to the applicant shall be the date of
issuance of the con cu rrency certificate.
7. The con cu men cy certificate shall expire within one year of its issuance unless
the applicant submits a building permit application , a SEPA environmental checklist and
all required documentation pursuant to TMC Chapter 21.04, or an extension is granted
within one year from the date of issuance of the concurrency certificate.
8. If the deadline for submittal of a complete building permit application, SEPA
environmental checklist and all required documentation is met as described in TMC
Section 9.50.030.B.7, or other submittal as determined by the Public Works Director or
designee, the concurrency certificate shall be valid for two years from the date of issuance
of the building permit, SEPA Determination, or other City -issued approval. If the building
permit, SEPA environmental checklist, or other submittal is withdrawn by the applicant
prior to approval by the City or expires, the con cu men cy certificate shall expire one year
after the date of issuance.
9. An applicant must apply for a new concurrency test if the certificate expires
or an extension is not granted.
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10. 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 they are not responsible for the delay
in obtaining a building permit, SEPA approval, or other City -issued approval, and has
acted in good faith to obtain the permit or approval; and
b. If the property is serviced by a non -City managed utility, then the
applicantmust su bmita letter from the utility approving the extension before the expiration
date.
11. 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 certificate, an expired development
permit or building permit, or other action resulting in an applicant no longer causing
impacts that have been accounted for in the City records.
12. The Public Works Department shall be responsible to coordinate with
applicable n on -City man aged utility operators for maintenance and mon itoring of available
and planned capacity for these utilities.
13. A certificate of con cu rren cy shall apply only to the specific land use, density
and intensity described in the application fora development permit or building permit. No
developmentshall be required to obtain more than one certificate of con cu rrencyfor each
bu ilding, unless the applicant or su bsequent owner proposes changes or modifications b
the property location, density, intensity, or land use that creates additional impacts on
con cu rren cy facilities.
14. A certificate of concurrency is not transferable to other land but may be
transferred to new owners of the original land.
Section 6. TMC Section 9.50.040 is hereby reenacted to read as follows:
9.50.040 Test Criteria
Development applications that would result in a level of service reduction below the
adopted standard shall not be approved.
1. For water and sanitary sewer conveyance systems, a certificate of availability
must be issued to pass the con currency test. For surface water conveyance systems, the
water quality and detention standards described in the currently -adopted King County
Surface Water Design Manual must be met to pass the con cu rrency test.
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 con currency test is passed.
3. If the con currency 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:
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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 fu nd the i mprovements forth e additional capacity requ ired for
the con currency facilities, as approved by the Public Works Director,
Section 7. TMC Section 9.50.050 is hereby reenacted to read as follows:
9.50.050 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 in TMC Section 9.50.050.13 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 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 interdependentfor vehicular and pedestrian access and parking.
C. A con currency appl ication for ph ased developmentsh all follow the same timing and
procedu re as set forth in th is chapter, except that:
1. Only one con currency certificate shall be issued for all buildings proposed for
phased development;
2. The con cu rrency certificate foran approved phased development sh all be valid
for five years from the date of its issuance; provided that a building permit is issued for a
building within one year of the date of issuance of the concurrency certificate or within two
years if an extension is timely requested and the request is granted.
D. The Pu blicWorks Directorordesign ee may approve an extension of u p to one year
of the con currency certificate for the phased development, consistent with the terms of this
chapter.
E. In no case shall the concurrency certificate be valid for more than six years from
the date of issuance of the certificate. The applicant must apply for a new concurrency test
forany building approved forphased developmentthathas notbeen issued a building permit
within six years from the date of issuance of the concurrency certificate.
Section 8. The Tukwila Municipal Code section entitled, "Public Notice of Concurrency
Test," as codified at TMC Section 9.50.060, is hereby deleted in its entirety.
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Section 9. TMC Section 9.50.060 is hereby reenacted to read as follows:
9.50.060 Exemptions
Applications for sin gle-family dwelling unitbu ilding permits, mu lti-family bu ilding permits
for projects containing four or fewer units, short plats, any non-residential project that is
categorically exemptfrom SEPA pursuant to TMC Section 21.04.080, .100, or .110, or any
other project that will generate less than 30 net new P.M. peak hour trips shall be
considered as exempt from meeting con cu men cy requ irements and shall be automatically
granted a concurrency certificate. The applicant is required to submit for a concurrency
certificate, along with the associated fee, but is not subject to receiving a passing grade
in order to obtain other development approvals.
Section 10. TMC Section 9.50.070 is hereby reenacted to read as follows:
9.50.070 Vesting
Applicants shall be vested under the laws, rules and other regulations in effect prior to
the effective date of this chapter if they have, prior to the effective date of the ordinance
codified in this chapter:
1. Submitted a building permit application that the City has deemed complete; or
2. Entered into formal negotiations with the City for a development agreement in
accordance with RCW 36.706.170 through 36.70B.210; or
3. Have a signed agreement with the City that is still in effect.
Section 11. TMC Section 9.50.080 is hereby reenacted to read as follows:
9.50.080 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.
Section 12. TMC Section 9.50.090 is hereby reenacted to read as follows:
9.50.090 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
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required for adopted level of service standards, except the City may omit from its budget
any capital improvements for wh ich a binding agreement has been executed with another
party to provide the same project in the same fiscal year.
Section 13. TMC Section 9.50.100 is hereby reenacted to read as follows:
9.50.100 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 otherfacility providers lo
coordin ate th e imposition of level of service standards and other mitigations for con currency.
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 theirjurisdiction
that impact the City.
Section 14. TMC Section 9.50.110 is hereby reenacted to read as follows:
9.50.110 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 certificate.
Section 15. TMC Section 9.50.120 is hereby reenacted to read as follows:
9.50.120 Appeals
A. Procedures. The applicant may appeal the results of the concurrency test based
on three grounds:
1. A tech n ical 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 mu stfile 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 setforth in
TMC Section 18.90.010.
B. Hearing Schedule and Notification. When the appeal has been filed withinte
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 pu blic hearing shall be given to th e applicantat least 15 days prior
to the hearing date.
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C. Record. The Public Works Department shall tran smit 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 th e
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 thatthe Public Works Director was in error.
Section 16. TMC Section 9.50.130 is hereby reenacted to read as follows:
9.50.130 SEPA Exemption
A determination of con currency shall be an administrative action of the City of Tukwila
that is categorically exempt from the State Environmental Policy Act.
Section 17. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 18. Severability. If any section, subsection , paragraph, sen ten ce, 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 19. Effective Date. This ordinance ora 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 THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 1914` day of OCAQ e e , 2020.
ATTEST/AUTHENTICATED:
e'46,67(eilte4
Christy O'Flaherty, MMC, City Clerk Allan Ekb rg, Mayor
APPROVED AS TO FORM BY:
ena Snwarniousi,5.1,..corti
c Saw e
— "
Office of the City Attorney
Filed with the City Clerk: 10- ZO
Passed by the City Council: 10 - 1°)- z0
Published: l�- zz - 2,0
Effective Date: 10 z/- za)
Ordinance Number: 2635
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2635-2636.
On October 19, 2020 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2635: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2110 AND 2155, AS
CODIFIED AS CHAPTER 9.50, "CONCURRENCY MANAGEMENT;" REENACTING
TMC CHAPTER 9.50 TO AMEND REGULATIONS RELATING TO CONCURRENCY
TESTING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2636: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXTENDING THE TIME TO RECORD A COVENANT
REQUIRED BY ORDINANCE NO. 2605 PERTAINING TO THE REZONE OF REAL
PROPERTY LOCATED AT 12677 E. MARGINAL WAY S., TUKWILA, FROM SPLIT
ZONE COMMERCIAL/LIGHT INDUSTRIAL (C/LI) AND LOW DENSITY RESIDENTIAL
(LDR) TO COMMERCIAL/LIGHT INDUSTRIAL ONLY; RATIFYING PRIOR ACTS;
PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: October 22, 2020