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20-102338-Concurrency Application-06-15-2020-V1 PUBLIC WORKS DEPARTMENT 33325 8th Avenue South Federal Way WA 98003-6325 253-835-2700; Fax 253-835-2709 www.cityoffederalway.com TRAFFIC CONCURRENCY INFORMATION What is a Concurrency Application? The City uses the concurrency application to look at new development's impact on the transportation network. The purpose of the test is to verify if there is adequate capacity in the transportation network and identify possible mitigation for failing intersections. The test uses the City's adopted level of service standards (LOS) as identified in the Comprehensive Plan as a basis for determining whether new development can proceed. Concurrency application is required for all development permits within the city that generate new trips in the PM peak hour, except for development exempt under FWRC 19.90.060 of the Transportation Concurrency Management Ordinance. All new development must pass concurrency test before completing other land use processes. When is a Concurrency Application Required? An application must be submitted concurrent with a development activity permit application such as Land Use application. The City will perform the concurrency analysis on a first come first serve basis. The applicant may request a concurrency feasibility analysis at any time. However, since a concurrency feasibility analysis application is not tied to a development permit, a Capacity Reserve Certificate (CRC) will not be issued. What needs to be submitted with the Concurrency Application? □ Completed Concurrency Application and Fees □ To scale site plan □ Vicinity map □ Independent Trip Generation to be considered (if available). All required information in the Concurrency Application must be filled out or the application will be returned. Traffic Division staff will review the completeness of the application and contact the applicant if further information is needed. The application will be vested at the time the Concurrency Application is deemed complete. How much is my concurrency permit application fees? And when do I pay this fee? Application fees for the concurrency application will be based on the total new trips the development is estimated to generate. The Public Works Department uses information provided (project size and land use type) in the pre- application application to estimate the number of trips and the appropriate application fee as outlined in Table 1 below. Concurrency permit application fees must be paid concurrent with the underlying land use application submittal. This fee may change if the proposed development is significantly different than the project scope as provided in the preapplication application. At the applicant's discretion, the applicant may hire their own Engineer licensed in the State of Washington to calculate the trip generation. Table 1 – 2019 FW Concurrency Application Fee Net New PM Peak Hour Trips Less than 10 11 - 50 51 - 500 Greater Than 500 Total Concurrency Application Fee (2019 rates) $1,721.00 $4,938.00 $9,032.00 $14,479.00 Am I finished with this process after I paid the concurrency permit application fee? No. The concurrency review process is the first phase of your development project's process with the Public Works Department. Once staff has completed the concurrency analysis, the applicant and/or owner will be notified of the result (Pass or Fail). If the project “Passes” the concurrency test, staff will issue a Capacity Reserve Certificate (CRC) allowing the project to proceed to other applicable development permit processes. If the project “Fails” the concurrency test, staff will propose mitigation measure(s) to address the LOS failure at that particular intersection(s). Examples of potential mitigation measures could be: ▪ Construct turn lanes ▪ Modify or construct a new traffic signal ▪ Other traffic control measures (such as channelization improvements) The applicant has 30 calendar days to review and response to staff proposed mitigation. Within that period, the applicant must either accept staff recommended mitigation or propose alternative mitigation measures for any LOS failure. Once an agreement has been reached on the mitigation measures, staff will issue a Capacity Reserve Certificate (CRC), allowing the project to proceed with other applicable permit processes. However, if the applicant fails to respond with the 30 days period, a “Denial” letter will be issue and the project will not be approved. If my project fails the concurrency test, what are my options? 1. Accept staff proposed mitigation measure(s), 2. Reduce the size of the development or change the type of uses to reduce the trip generation rate until the standard is met; 3. Delay the application until additional improvements have been identified by the City in the 6-Year (TIP) or constructed by others; 4. Propose appropriate mitigation to include Transportation Demand Management (TDM) measures. The proposed mitigation measures shall be constructed and approved concurrent with the development, typically prior to issuance of a certificate of occupancy. Depending on what option is chosen, the applicant may have to restart the concurrency application process again. Can I appeal the Concurrency Denial Notice? Yes. The applicant may appeal the concurrency denial notice as part of the appeal process for the underlying Development Permit application. How long does a Capacity Reserve Certificate last? As long as there is activity on the Development Permit and you do not change the trip generation characteristics of the development (no increase in net new trips is incurred from a change in the project), the CRC Certificate vests the development’s new trips for the life of the project. If the project's size changes significantly as determine by the Public Works Department staff, the applicant may need to go through the process again and pay another concurrency application fee. What if my project changes? Any thing that changes the trip generation rates can generate a need for an amendment to the process, and this process may start over. If the trip generation is greater than 10% of the original estimated trip generated rates the project will require an amendment and the process starts over. Please be conservative and as specific about your project as you can. If you have any questions please ask. What if I do not have a development permit ready for my project? Staff can provide the same level of analysis as a feasibility study for the project. However, the estimated trips generated by the project analyzed will not be reserved or vested. If you decide to proceed with the project, staff will revise the analysis using any transferable data at our hourly rate. Does this mean we will never have to prepare a Traffic Impact Analysis? No. The Public Works staff will calculate your trips and identity impacts to the City Transportation system. The following are examples of additional requirements the applicant may need to hire an Engineer to complete: ▪ Parking Demand and Utilization ▪ Queuing and gap analysis ▪ Specialized Land Use and Trip Generation ▪ Sight Distance Analysis ▪ Neighborhood Traffic Impacts ▪ Design of Mitigation Improvements (such as signals, turn lanes, access, or new roads) ▪ Traffic impacts over 100 trips in other peak hours (morning and weekends) What is the Concurrency Permit Process? A flow chart diagram of the process is depicted on the back page. If you have any additional questions, please contact Sarady Long, Senior Transportation Planning Engineer (253) 835-2743 or sarady.long@cityoffederalway.com. E:\TR Media Information\Concurency Permit Process Rev. Jan2019.doc PASSED Concurrency Result FAIL YES Applicant accepts mitigation? NO NO To Development Permit process CITY issues Denial letter Applicant proposes alternative mitigation YES CITY issues Concurrency Reserve CITY * proposes mitigation for failing intersections CITY * performs concurrency analysis CITY * performs trip generation/assignment (START) - Applicant submit Concurrency application with appropriate fee CONCURRENCY PERMIT PROCESS * Denotes tasks that may be prepared by the applicant. Staff reviews and approves all applicant-prepared materials. E:\TR Media Information\FW Concurency Application Rev. Jan2019.doc I have read the above information regarding expiration deadlines and appeal process. I further understand that issuance of a concurrency certificate is not a guarantee that the City will issue a development permit or building permit. _______________________________________ _______________________ Property Owner/Agent Signature Date Required Information – Application is incomplete and will be returned if not filled out. Gross Square Feet (Commercial) Existing Proposed Number of Dwelling Units Existing Proposed Number of Employees Existing Proposed Parcel size (acres or square footage) Existing Proposed Has the property previously been reviewed for concurrency? Yes No If yes, date of original application Concurrency Permit No: Is this an amendment to an existing Concurrency Certificate? Yes No Will the project be phased? Development Build-Out Year Note: - Commercial subdivisions and other projects constructed in phases shall be evaluated for concurrency as each phase is submitted for applicable development permits. - Once the concurrency test result has been determined, any changes to the development project require additional review will be billed on an hourly basis. Estimated Number of New Trip Generated by Project per Pre-application Summary: If the applicant’s engineer has prepared a trip generation analysis, please provide the following. If not, staff will calculate the trip generation based on the above information. Existing PM Peak Hour Trips (if applicable) Proposed PM Peak Hour Trips Net New PM Peak Hour Trips CONCURRENCY TEST EXPIRATION (FWRC 19.90) ▪ A Concurrency Reserve Certificate (CRC) is valid until the underlying development permit expires, is withdrawn or cancelled, whichever occurs first. In that case, a new concurrency application would be required. ▪ A Concurrency Reserve Certificate is valid only for the specific development approval consistent with the development parameters and City file number within the CRC issued. ▪ A Concurrency Reserve Certificate (CRC) runs with the land, and cannot be transferred to a different parcel. I have read the above information regarding expiration deadlines. I further understand that issuance of a concurrency certificate is not a guarantee that the City will issue a development permit or building permit. Property Owner/Agent Signature Date SUBMITTAL REQUIREMENTS – STAFF USE ONLY Permit Submittal: The following items are required for all applications: □ Completed and signed Concurrency Application □ Concurrency Application Fee paid (See Below) Net New PM Peak Hour Trip Less than 10 11 - 50 51 - 500 Greater than 500+ 2019 Application Fee $1,721.00 $4,938.00 $9,032.00 $14,479.00 524,026 113 x 37 Trips x Yes See attached study 11 48 37 See const. phasing plan. See attached sheet G001 for all buildings sq.ft. N/A Courtney McLean 6/15/20