ORD 09-628ORDINANCE NO. 09-628
AN ORDINANCE of the City of Federal Way, Washington, relating
to Transportation Concurrency Management; amending FWRC
19.90.Q10, 19.90.060, 19.90.130, 19.90.140, and 19.90.160. (Amending
Ordinance No. 06-525)
WHEREAS, the City recognizes the need to periodically mqdify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to amend FWRC 19.90
Transportation Concurrency Management, which establishes development regulations to meet
the Growth Management Act within the City of Federal Way; and
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;
WHEREAS, the City Council finds that new growth and development in the City will
create additional demand and need for public facilities; and
Ordinance No.09-628 Page 1 of 10
WHEREAS, the Planning Commission conducted properly conducted a duly noticed
public hearing on these code amendments on July 1, 2009; and forwarded a recommendation of
approval to the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on September 14, 2009 and recommended adoption of the
text amendments as recommended by the Planning Commission with further modifications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by providing a more systematic way for applying the impact fees,
and provide predictability for developers.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Ordinance No. 09-628 Page 2 of IO
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
TGI1 Develop and implement funding mechanisms to:
a. Leverage state and federal funds for transportation improvements.
b. Meet GMA's concurrency requirements.
c. Provide consistent, fair, and predietable assessment of suff cient mitigation
fees for development consistent with SEPA.
d. Assure that adequate transportation infrastructure is provided to
accommodate forecast growth.
TP84 Develop a concurrency ordinance by 2002 as required by the GMA consistent
with the City's adopted LOS standard.
LUP4 Maximize efficiency of the development review process.
HP9 Maximize efficiency in the City's development review process and ensure that
unnecessary time delays and expenses are eliminated. Continue to provide
streamlined permitting processes for development that is consistent with the
FWCP and FWCC, and that has no adverse impacts.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because it would replace the existing code-based pro-rata fees in the
concurrency code and the Planned Action SEPA fee, create a more systematic way for applying
the fees and provide predictability for developers during the development review process that is
not provided in the current code.
Ordinance No.09-628 Page 3 of 1 D
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it will provide the developer with an up front cost of the impact
fees for development proposal, which results in attracting and continued development within the
City.
Section 3. FWRC 19.90.010 is hereby amended to read as follows:
19.90.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise. Terms not defined here are defined according to Chapter 19.05
FWRC or FWRC 1.05.020 in that order. The public works director shall have the
authority to resolve questions of interpretation or conflicts within this chapter.
"Affected intersection means any intersection within the city meeting the
requirements of FWRC 19.90.070 and having a direct traffic impact as a result of
development activity.
"Available capacity" means capacity which can be encumbered, reserved, or
committed to future users, expressed in an appropriate unit of ineasure, such as p.m. peak
hour trips.
"Background traffc" means existing traffic levels and the anticipated traffic from all
proposals for which CRCs have been approved under the provisions of this chapter.
"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
CRCs have been approved under the provisions of this chapter.
"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.
"Capacity reserve certificate (CRC) means the certificate issued by the city pursuant
to the terms and conditions of this chapter 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.
"City of Federal Way development standards means those standards adopted by the
Federal Way public works director.
"Concurrency denial Zetter" 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.
"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.
"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.
Ordinance No.09-628 Page 4 of l0
"Direct traffic impact" means any net increase in vehicle traffic generated by a
proposed development.
"Director" means the director of the department of public works or her/his designee.
`Zevel 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.
"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.
"Peak hour" means the highest volume of traffic for a continuous hour between 4:00
p.m. and 6:00 p.m. on weekdays.
"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.
"Select zone analysis means a travel demand model analysis that identifies trips
generated within a selected transportation analysis zone.
"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.
"Standards" means the adopted city of Federal Way development standards.
"Total project cost" means the total cost for the transportation projects, as defined in
the current TII'. This cost includes, but is not limited to, studies, design, right-of-way
acquisition, utility relocation, grading, and construction.
"Transportation analysis zone means the area defined within a travel demand model
representing all the land uses contained within that area.
"Trip assignment" means the determination within a travel demand model of the
number and type of trips using a defined roadway.
"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.
"Trip generation means the number of peak hour trips estimated to be produced by
the development activity using Institute of �E Transportation Engineers (ITE),
current edition, or other methodology approved by the director.
"Trip generation credit" means a reduction in the nuxnber of new peak hour trips
attributed to an application as described in FWRC 19.90.080, 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 chapter that have
ceased or will cease if the development permit is granted.
Ordinance No.09-628 Page S of IO
Section 4. FWRC 19.90.060 is hereby amended to read as follows:
19.90.060 Exempt development.
1) Any development activity or development permit may be exempted from this
chapter if the development activity or development permit is deemed by the director to
generate no net new trips in the peak hour.
2) The following types of development permits are typically exempt from concurrency
management review and the requirements of this chapter because they do not create
additional long-term impacts on road facilities. However, if any development pernut from
the list below generates any net new trips in the peak period, it shall not be exempt from
concurrency evaluation.
(a) Boundary line adjustment;
(b) Demolition permit;
(c) Electrical permit;
(d) Fire protection system permit;
(e) Tenant improvements with no change of use;
fl Land surface modification;
(g) Lot line elimination;
(h) Mechanical permit;
(i) Plumbing permit;
(j) Right-of-way modification;
(k) Right-of-way use permit;
(1) Sign permit;
(m) Single-family remodeling with no change of use;
(n) Rezones;
(o) Comprehensive plan amendment;
(p) Shoreline permit;
(q) Commercial subdivisions;
�r) Accessorv Dwelling Unit (ADU)
Binding Site Plan (BSP)
�t� Business License
(u) Use Process I
3) 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 5. FWRC 19.90.130 is hereby amended to read as follows:
19.90.130 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.
Ordinance No.09-628 Page 6 of IO
(1) 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 chapter shall be analyzed in the order the concurrency application is
deemed complete by the director, as described in subsection (2) of this section.
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.
(2) 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.
(3) 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.
(4) Technical provisions for each concurrency evaluation shall be prepared in the
following format:
(a) Project description shall be provided by the applicant in enough detail to
accurately determine the scope of analysis required.
(b) Analysis scope shall be provided by city after consultation with affected
departments.
(c) 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.
(d) 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:
(i) For applications generating less than 50 peak hour trips, a select zone
analysis shall be conducted.
(ii) For applications generating 50 peak hour trips or more, but less than
500 peak hour trips, a new trip assignment shall be conducted.
(iii) For applications generating 500 or more peak hour trips, a new trip
distribution and assignment shall be conducted.
(e) Traffic volumes at existing intersections that include background traffic shall
be provided by the city.
Ordinance No.09-628 Page 7 of 10
The city shall include appropriate through traffic to each affected intersection
to obtain a revised traffic assignment for affected roadways and intersections.
(g) The applicant or the city, at the applicant'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.
(h) After verification of the capacity analysis, the applicant or the city, at the
applicant's request and expense, shall prepare the final report.
(i) 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.
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Section 6. FWRC 19.90.140 is hereby amended to read as follows:
19.90.140 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.
(1) 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:
(a) The applicant may agree to conshuct the recommended mitigation measures
at the applicant's cost;
(b) The applicant may agree to construct alternative mitigation measures that
address the level of service deficiencies, subject to the approval of the director; or
(c) 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.
(2) Denial. If no appeal is transmitted to the director pursuant to FWRC 19.90.160
within �-430 calendar days after issuance of the determination, the encumbrance shall be
released and made available for subsequent applications.
Section 7. FWRC 19.90.160 is hereby amended to read as follows:
19.90.160 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 as provided
for in process IV of this title if there is no underlying development permit. The appeal, in
the form of a notice of appeal, must be delivered to the department of public works
within �430 calendar days after issixance of the decision of the director. In those cases
Ordinance No.09-628 Page 8 of 10
where the proposed development activity may require a public hearing, the hearings may
be combined.
Section 8. Severabilit� 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 any
other persons or circumstances.
Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 10. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. This ordinance shall take effect and be in force July 1, 2010
as provided by law.
PASSED by the City Council of the City of Federal Way this 20th day of October, 2009.
CITY OF FEDER.AL WAY
ATTEST:
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APPROVED AS TO FORM:
Ordinance No.09-628 Page 9 of IO
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 9-29-2009
PASSED BY THE CITY COUNCIL: 10-20-2009
PUBLISHED: 10-24-2009
EFFECTIVE DATE: 07-01-2010
ORDINANCE NO.: 09-628
Ordinance No.09-628 Page 10 of 10