ORD 06-525ORDINANCE NO. -5)6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CREATING CHAPTER 19,
ARTICLE IV, "TRANSPORTATION CONCURRENCY
MANAGEMENT"
WHEREAS, the City of Federal Way finds that creating Chapter 19, Article IV,
"Transportation Concurrency Management" meets the intent of Chapter 36.70A RCW , Growth
Management; and
WHEREAS, the City of Federal Way finds that these code amendments will implement and
are consistent with the Federal Way Comprehensive Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Creation of Ch4pter 19 Article W. Chapter 19 is hereby amended by adding
Article W as set forth in the attached Exhibit A.
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force January 1,2007,
as provided by law.
ORD 9 t6 -6 S° , PAGE 1
PASSED by the City Council of the City of Federal Way this �j l`— day of
, 200 (c, .
CITY OF FEDERAL WAY
MAYOR, MICR A
ATTEST:
CI Y CLERK, LA ATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD # -5a , PAGE 2
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ARTICLE IV
TRANSPORTATION CONCURRENCY MANAGEMENT
Sections:
19 -151
Definitions.
19 -152
Purpose.
19 -153
Authority and general procedure.
19 -154
Applicability.
19 -155
Capacity Reserve Certificate required.
19 -156
Exempt development.
19 -157
Level of service standards.
19 -158
Application for a Capacity Reserve Certificate.
19 -159
Amendments to Capacity Reserve Certificates.
19 -160
Use of reserved capacity.
19 -161
Transfer of reserved capacity.
19 -162
Capacity evaluation method.
19 -163
Concurrency administration — Purpose and procedure.
19 -164
Concurrency determination letter.
19 -165
Mitigation methods
19 -166
Appeals.
19 -167
Annual report.
19 -168
Interagency Coordination
19 -169
Coordination with SEPA
Section 19 -151 Definitions.
For the purpose of this article 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 Public Works Director shall have the
authority to resolve questions of interpretation or conflicts within this article.
1. "Affected intersection" means any intersection within the City meeting the
requirements of Section 19 -157 and having a direct traffic impact as a result of
development activity.
2. "Applicant" means a person who applies for a Capacity Reserve Certificate (CRC)
under this article and who is the owner of the subject property or the authorized
agent of the property owner.
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3. "Background traffic" means existing traffic levels and the anticipated traffic from
all proposals for which CRC's have been approved under the provisions of this
article.
4. "Build -out year conditions" means the volume of traffic that is projected to occur
on the roadway system as of the anticipated date of occupancy of a proposal.
Traffic conditions include regional traffic and the anticipated traffic from all
proposals for which CRC's have been approved under the provisions of this
article.
5. "Capacity" means the availability of an affected intersection to accommodate
increased traffic resulting from a development without causing the LOS to fall
below the standards established in the Comprehensive Plan.
6. "Available Capacity" means capacity which can be encumbered, reserved, or
committed to future users, expressed in an appropriate unit of measure, such as
p.m. peak hour trips.
7. "Reserved Capacity" means capacity which has been allocated to a particular
property through issuance of a Capacity Reserve Certificate reserving capacity for
a set period of time.
8. "Capacity Reserve Certificate (CRC)" means the certificate issued by the City
pursuant to the terms and conditions of this article which constitutes the proof
that adequate capacity for each affected intersection has been reserved to serve
the densities and intensities of development within the time frame designated on
the certificate.
9. "City of Federal Way Development Standards" means those standards adopted
by the Federal Way Public Works Director.
11. "Concurrency evaluation" means the evaluation by the Director to ensure that
necessary roadway improvements are made concurrent with proposed
development activity, pursuant to RCW 36.70A.070.
12. "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 Concurrency Reserve Certificate.
13. "Concurrency management" means the process local jurisdictions use to ensure
that necessary roadway improvements are made concurrent with proposed
development activity, pursuant to RCW 36.70A.070.
14. "Development activity" means any work, condition, or activity which requires a
permit or approval under the City's subdivision, zoning, or building code. Exempt
permits are set forth in Section 19 -156.
15. "Development approval" means written authorization from the City authorizing
the commencement of development activity or use.
16. "Development Permit" means any permit or approval under the City's
subdivision, zoning, or building code that must be obtained before initiating a
use or development activity.
17. "Direct traffic impact" means any net increase in vehicle traffic generated by a
proposed development.
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18. "Director" means the Director of the Department of Public Works of the City of
Federal Way or her /his designee.
"Level of service (LOS)" means a qualitative measure describing operational conditions
within a traffic stream, described with alphabetical representations of "A"
through "F" as defined in the Highway Capacity Manual prepared by the
Transportation Research Board of the National Research Council, to indicate the
amount of congestion and delay at particular locations, and adopted by the City.
20. "Net new 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 Development Activity.
21. "Owner" means, in reference to real property, the person or persons holding fee
title to the property as well as the purchaser or purchasers under any real estate
contract involving the real property.
22. "Peak hour" means the highest volume of traffic for a continuous hour between
4:00 p.m. and 6:00 p.m. on weekdays.
23. "Select zone analysis" means a travel demand model analysis that identifies trips
generated within a selected transportation analysis zone.
24. "Six -Year Transportation Improvement Program (TIP)" means the annually
adopted transportation improvement program which identifies all the City's
transportation needs over the next six years, including the total project costs.
25. "Standards" means the adopted City of Federal Way Development Standards.
26. "Total project cost" means the total cost for the transportation projects, as
defined in the current TIP. This cost includes, but is not limited to, studies,
design, right -of -way acquisition, utility relocation, grading, and construction.
27. "Transportation analysis zone" means the area defined within a travel demand
model representing all the land uses contained within that area.
28. "Trip assignment" means the determination within a travel demand model of the
number and type of trips using a defined roadway.
29. "Trip distribution" means the determination within a travel demand model of the
number and type of trips traveling between any given pair of transportation
analysis zones.
30. "Trip generation" means the number of peak hour trips estimated to be produced
by the Development Activity using Institute of Traffic Engineers (ITE) Trip
Generation, current edition, or other methodology approved by the Director.
31. "Trip generation credit" means a reduction in the number of new peak hour trips
attributed to an application as described in Section 19 -158, equal to the number
of peak hour trips generated on the site described on the application from uses
that have had a SEPA analysis prior to the effective date of the ordinance
adopting this Article that have ceased or will cease if the development permit is
granted.
Section 19 -152 Purpose.
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The purpose of this article is to implement the concurrency provisions 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 as currently
exists or as hereafter amended. No Development Permit shall be issued except in
accordance with this article.
Section 19 -153 Authority.
The Director shall be responsible for implementing and enforcing this article and
adopting procedures to implement this article, including making determinations
regarding concurrency and issuing Capacity Reserve Certificates (CRC's) according to
the procedures in this article.
The Director's determination of concurrency and the issuance or nonissuance of a CRC
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 Development Activity subject to concurrency evaluation and the requirement
for a CRC, the Director shall determine how the review can be best integrated with the
decision making process.
Section 19 -154 Applicability.
A. This article shall apply to all applications for Development Permits, except for
development exempt under Section 19 -156, if the Development Activity will
generate any net new trips in the peak hour.
B. All construction or changes in use initiated pursuant to a Development Permit for
which a SEPA decision was issued prior to the effective date of the ordinance
shall be exempt from the provisions of this Article. However, if the City
determines that a previously issued Development Permit for which the SEPA
decision was issued has lapsed or expired, pursuant to the applicable
development regulations, then no subsequent Development Permit shall be
issued except in accordance with this article.
Section 19 -155 Capacity Reserve Certificate required.
A. Prior to the issuance of any permit for a nonexempt Development Activity, the
Director shall determine if the proposal is covered by an existing CRC or if
capacity exists on the road facilities to permit the proposed Development
Activity. Permits for the Development Activity shall be issued only if the Director
finds that the activity is covered by an existing CRC or capacity exists in
accordance with level of service standards adopted in the Comprehensive Plan.
Where such capacity exists, the Director shall issue a CRC to the applicant for the
development activity.
B. A CRC shall be issued only after a capacity evaluation is performed indicating
that capacity is available on all applicable road facilities.
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C. In no event shall the Director determine concurrency for a greater amount of
capacity than is needed for the development proposed.
D. Residential subdivisions shall be evaluated for concurrency as a single
development permit. Commercial subdivisions and other projects constructed in
phases shall be evaulated for concurrency as each phase is submitted for
applicable Development Permits, notwithstanding any requirement to analyze the
commercial subdivision as a whole under SEPA.
Section 19 -156 Exempt development.
A. Any Development Activity or Development Permit may be exempted from this
article if the Development Activity or Development Permit is deemed by the
Director to generate no net new trips in the peak hour.
B. The following types of Development Permits are typically exempt from
Concurrency Management review and the requirements of this article because
they do not create additional long -term impacts on road facilities. However, if
any Development Permit from the list below generates any net new trips in the
peak period, it shall not be exempt from concurrency evaluation.
1. Boundary Line Adjustment;
2. Demolition Permit;
3. Electrical Permit;
4. Fire Protection System Permit;
5. Tenant improvements with no change of use;
6. Land Surface Modification;
7. Lot Line Elimination;
8. Mechanical Permit;
9. Plumbing Permit;
10. Right -of -Way Modification;
11. Right of Way Use Permit;
12. Sign Permit;
13. Single- family remodeling with no change of use;
14. Rezones;
15. Comprehensive Plan amendment;
16. Shoreline Permit;
17. commercial subdivisions.
C. Exemption from Concurrency Review Fees. City-owned facilities shall be
exempted from the concurrency review fees. City-owned facilities shall not be
exempted from concurrency review and appropriate mitigation, if any.
Section 19 -157 Level of service standards.
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The Director shall use the LOS standards set forth in the Comprehensive Plan to make
concurrency evaluations as part of the review of any application for a CRC issued
pursuant to this article.
A. The street system measured for concurrency purposes are all intersections of
collectors and arterials as defined in the City's Comprehensive Plan, except for
the intersections of two or more minor collectors, as these intersections would
exist upon completion of all projects listed in the currently - adopted TIP and
currently funded projects by other transportation agencies.
B. The City's adopted LOS standard shall be applied in the review of Development
Activity pursuant to administrative procedures developed by the Public Works
Director.
Section 19 -158 Application for a Capacity Reserve Certificate.
A. An application for a CRC shall be on a form provided by the Director. The
application shall be submitted and accompanied by the requisite fee, as
determined by City Council resolution.
B. An applicant may request a concurrency feasibility analysis. However, a CRC
shall not be issued for applications not associated with an active Development
Permit, nor shall the trips generated by the development proposal be reserved.
The Director may adjust applicable fees for subsequent analyses on the same
property associated with an active Development Permit to the extent that the
Director determines data from the feasibility analysis remains valid.
Section 19 -159 Amendments to Capacity Reserve Certificates.
A. Any request to increase the number of trips from a development application for
which capacity is reserved shall require an analysis that determines that:
1. the analysis used for the development's orignal CRC is still valid; and
2. no level of service impact is reasonably anticipated.
In addition, the following conditions must be met in order to amend an existing
CRC:
3. the application to amend an existing CRC must be received within i year
of the issue date of the CRC;
4. the trips generated by the amendment may not exceed the greater of 10
trips or 10% of the trips approved in the existing CRC.
B. The analysis will be used to develop:
1. A finding that the additional capacity sought by the applicant through a
amended CRC is available to be reserved by the project or can be made
available through mitigation of the additional impact; or
2. A finding that the amendment is denied.
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Section 19 -160 Use of reserved capacity.
When a valid Development Permit is issued for a project possessing a CRC, the CRC
shall continue to reserve the capacity until the Development Permit expires, is
withdrawn, or is cancelled, whichever occurs first.
Section 19 -161 Transfer of reserved capacity.
Reserved capacity cannot be sold or transferred to property not included in the legal
description provided by the applicant in the application for a CRC.
Section 19 -162 Capacity evaluation method.
A. Any Development Permit application that will generate any net new trips in the
peak hour shall require a CRC.
B. For the purposes of this article, 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 owner, when one or more Development Permits would be issued within
two years of the date of issuance of a Development Permit for such contiguous
property.
C. Increased impact on affected intersections. If a Development Activity would have
a greater impact on affected intersections than the previous use, then a CRC
shall be required for the net increase only to the extent that trips generated by
the last previous use were analyzed and, if required, mitigated by a previous
SEPA decision or CRC; otherwise, a CRC shall be required for all trips generated
by the Development Activity.
D. Demolition or Termination of Use. In the case of a demolition or termination of
an existing structure or use, only to the extent that trips generated by the last
previous use were analyzed and, if required, mitigated by a previous SEPA
decision or CRC, shall a trip generation credit be applied to the trip generation
for the use subsequent to the effective date of the ordinance codified in this
Article. The number of trips allowed in the credit shall be as estimated using
ITE's Trip Generation, or other methodology approved by the Director.
Section 19 -163 Concurrency administration — Purpose and procedure.
Where either the City or the applicant may perform any part of the concurrency
transportation impact analysis, analysis prepared by the applicant is subject to the
review and approval of the City at the applicant's expense. The applicant may also
review and comment on any analysis prepared by the City.
A. The concurrency management transportation impact analysis may be prepared
by the City or the applicant and shall follow the procedure outlined below. Each
Development Permit subject to this article shall be analyzed in the order the
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concurrency application is deemed complete by the Director, as described in
subsection (B). Concurrency transportation impact analyses shall be completed
sequentially in the order of receipt of the concurrency application. The most
recent concurrency management transportation impact analysis shall be the
beginning point for each succeeding concurrency management transportation
impact analysis.
B. In performing the concurrency evaluation, the City or the applicant subject to the
City's approval shall determine the impact of the traffic generated by the
proposed development activity on the City's road system. The evaluation shall be
based on data generated by the City, by professional associations, by the
applicant, and if needed, by independent analysis. The City shall examine the
data to verify that existing and projected trip generation is consistent with the
latest version of the ITE's Trip Generation or documented generation for uses
not typical of uses in Trip Generation. Upon successful evaluation, the
concurrency application will be deemed complete by the Director.
C. The City or the applicant shall perform level of service calculations for all
applicable intersections affected by the development based upon build -out year
conditions with and without the proposed development. The City or the applicant
shall determine if the capacity on the City's road facilities, plus the capacity that
is or shall be generated by all existing, reserved, and approved development, can
be provided while meeting the LOS standards set forth in the Comprehensive
Plan.
D. Technical provisions for each concurrency evaluation shall be prepared in the
following format:
1. Project description shall be provided by the applicant in enough detail to
accurately determine the scope of analysis required.
2. Analysis scope shall be provided by City after consultation with affected
departments.
3. The City, based on the information supplied by the applicant, shall
determine project trip generation. if the applicant provides a detailed trip
generation study, that data shall be used for concurrency management
traffic impact analysis at the discretion of the Public Works Director. The
applicant may also review and comment on a City- prepared calculation of
trip generation.
4. Project trip assignment to the street system shall be provided by the City,
consistent with the most current and updated travel demand forecasting
model. Three levels of analysis are defined based on the number of new
trips generated:
a. For applications generating less than 50 peak hour trips, a select
zone analysis shall be conducted.
b. For applications generating 50 peak hour trips or more, but less
than 500 peak hour trips, a new trip assignment shall be
conducted.
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C. For applications generating 500 or more peak hour trips, a new trip
distribution and assignment shall be conducted.
5. Traffic volumes at existing intersections that include background traffic
shall be provided by the City.
6. The City shall include appropriate through traffic to each affected
intersection to obtain a revised traffic assignment for affected roadways
and intersections.
7. The applicant or the City, at the appicant's request and expense, in
compliance with the latest version of the Highway Capacity Manual, shall
complete the capacity analysis, using the City's chosen software. The
applicant may review and comment on a City - prepared capacity analysis.
8. After verification of the capacity analysis, the applicant or the City, at the
applicant's request and expense, shall prepare the final report.
9. The applicant or the City, at the applicant's request and expense, may
propose suggested mitigation measures for any LOS failures identified in
the capacity analysis.
10. The applicant or the City, at the applicant's request and expense, shall
also identify pro -rata share contributions for TIP projects impacted by the
net new trips generated by the proposed development in a manner
consistent with RCW 82.02.
Section 19 -164 Concurrency determination letter.
The Director shall issue a concurrency determination letter to the applicant advising the
applicant as to whether available capacity exists. If the applicant is not the property
owner, the concurrency determination letter shall also be sent to the property owner.
The concurrency determination letter shall identify the application and identify which
status is determined to be applicable to the application: Approval; Approval with
Mitigation; or Denial.
A. Approval with Mitigation shall include a recommendation that would provide
adequate capacity and a description of the options available to the applicant.
These may include:
I. The applicant may agree to construct the recommended mitigation
measures at the applicant's cost;
2. The applicant may agree to construct alternative mitigation measures that
address the level of service deficiencies, subject to the approval of the
director; or
3. The applicant may modify the development proposal to reduce trip
generation to within available capacity by any combination of capacity
improvements and transportation demand management measures, subject
to the approval of the director.
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B. Denial. If no appeal is transmitted to the Director pursuant to Section 19 -166
within 14 days after issuance of the determination, the encumbrance shall be
released and made available for subsequent applications.
Section 19 -165 Mitigation methods
A. If mitigation is required to meet the level -of- service standard, the applicant may
choose to:
1. reduce the size of the development until the standard is met,
2. delay the development schedule until the city and /or others provide
needed improvements, or
3. provide the mitigation per subsection B of this section.
B. Payment for and Timing of Improvements.
The Director shall determine the method by which assurance is provided the City
that the mitgation is provided in a manner that is concurrent with development
consistent with state law. This determination shall address whether the
improvements are to be constructed by the applicant or if the applicant would
fund the cost of the improvement to be constructed by the City or another party.
If the latter case, the determination shall also include the appropriate amount
and timing of payment to the City.
1. Construction improvements subject to the city's direct operational control
which are required of a developer under Section 19 -164 must be
completed prior to issuance of a certificate of occupancy, final plat
approval, or other such approval upon which new trips are generated.
2. The developer may provide funding in an amount equal to the director's
cost estimate for improvements required under Section 19 -164, if
approved by the Director. The Director may require actual construction
rather than provision of funding. Payment for transportation
improvements must occur prior to issuance of building permit, final plat
approval, or other such approval.
3. All funds received by the city under subsection (13)(2) of this section shall
be expended consistent with state law.
4. A proposal for construction of transportation improvements to
intersections partially or wholly outside the city's direct operational
control, or payment for those improvements in an amount equal to the
director's cost estimate, which improvements are required of a developer
to meet the requirement of Section 19 -164, must be submitted to the
agencies which have control of the intersection prior to issuance of
building permit, final plat approval, or other such approval.
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C. Transportation Demand Management.
1. As a mitigation measure, the developer may propose to establish
transportation demand management strategies to reduce single
occupancy vehicle trips generated by the project. The Director shall
determine the corresponding trip volume reduction, considering adjacent
land uses and trips generated, how well the site is served by transit, HOV
facilities, bicycle facilities, and pedestrian facilities, workforce composition,
employer- provided incentives, and parking availability, among others.
2. The Director shall monitor and enforce the transportation demand
management performance as directed under Section 15 -200 et seq. A
performance assurance device may be required as determined by the
Director.
D. Decision Criteria — Acceptable Mitigation. Acceptable mitigation requires a finding
by the director that:
1. The mitigation is consistent with the comprehensive plan.
2. The mitigation contributes to system performance.
3. Improvements to an intersection or roadway may not shift traffic to other
intersections for which there is no reasonable mitigation available.
4. The improvement shall not violate accepted engineering standards and
practices.
Section 19 -166 Appeals.
The Concurrency Determination of the Director may be appealed by the Applicant or
Owner using the same process as the underlying Development Permit Application or
Process 1 of Chapter 22 if there is no underlying Development Permit, substituting the
Director of Public Works for the director of community development. The appeal, in the
form of a letter of appeal, must be delivered to the department of public works within
14 calendar days after issuance of the decision of the director. In those cases where
the Proposed Development Activity may require a public hearing under the authority of
other chapters of this Code, the hearings may be combined. For example, if the
underlying development permit application is a preliminary plat, the appeal shall be
heard at the preliminary plat public hearing.
Section 19 -167 Annual report
The City shall monitor LOS standards through an annual update of the Six -Year
Transportation Impact Program, which shall add data reflecting Development Permits
issued and trip allocations reserved. The City's traffic demand model shall be
recalibrated at least biannually based on traffic count information, obtained from at a
minimum the City's Public Works Department.
Section 19 -168 Interagency Coordination.
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The City may enter into agreements with other agencies having authority over
transportation facilities to identify impacts and provide mitigation for those impacts. In
no case shall mitigation payments to the City be reduced to account for mitigation
payments to other jurisdictions.
Section 19 -169 Coordination with other requirements.
A. Concurrency determinations are categorically exempt from SEPA.
B. Concurrency determinations provide for mitigation only for vehicle capacity
issues during the weekday evening peak hour. Mitigation of transportation
impacts outside of vehicle capacity issues during the weekday evening peak hour
shall be addressed through other review processes (in City Code, land use permit
conditions, or SEPA). This analysis may be prepared either by the applicant or
the City at the applicant's expense.