HomeMy WebLinkAboutord2007-043WHA TCOM COUNTY COUNCIL AGENDA BILL No. AB2007-069A
CLEARANCES
initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator.'
John Everett
-T2e
(W
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V/
8/07/2007
Introduction
Division Head.-
Linda Peterson
d'1
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9/11/2007
Hearing
Dept. Head-
Sam Ryan
Prosecutor:
V
Purchasing /Budget:
Executive:
TITLE OF DOCUMENT:
Interim Transportation Concurrency Management Ordinance
A TTA CHMENTS.-
Memorandum and draft ordinance
SEPA review required? ( X ) Yes NO
Should Clerk schedule a hearing? X Yes (X NO
SEPA review completed? (X )Fes NO
Requested Date: September 11, 2007
SUMAMRYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires apublic
hearing, you must provide the languagefor use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be
clear in explaining the intent of the action.)
An interim ordinance relating to transportation concurrency management; establishing development review procedures
ensuring that adequate transportation facilities are available or provided concurrent with development, in accordance with
the Growth Management Act.
COMMITTEE ACTION. •
COUNCIL ACTION.
8/07/2007: Introduced
9/11/2007: Council Adopted 7-0
Ord. 2007-043
Related County Contract 4:
Related File Numbers:
Ordinance or Resolution Number:
ZON2007-0001 AB2007-069
Ord. 2007-043
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us /council
HAagenda bills\interim renewal.doc
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 8/7/2007
ORDINANCE NO. 2007 -043
AN INTERIM ORDINANCE AMENDING WCC, TITLE 20 BY ADDING A NEW CHAPTER 20.78
ESTABLISHING DEVELOPMENT REVIEW PROCEDURES ENSURING THAT ADEQUATE
TRANSPORTATION FACILITIES ARE AVAILABLE OR PROVIDED CONCURRENT WITH
DEVELOPMENT, IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT.
WHEREAS, rapid population, employment opportunities and traffic growth in and around
the unincorporated urban growth areas of Whatcom County have led to community
recommendations to ensure that public facilities and services necessary to support development
are adequate or will be provided in a timely manner; and
WHEREAS, high rates of development in the Countyb unincorporated growth areas
have begun to strain the County's ability to finance and construct transportation improvements
necessary to ensure adequate levels of service; and
WHEREAS, the Growth Management Act (GMA) RCW 36.70A.020 includes the goal of
ensuring that those 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; and
WHEREAS, the Washington State Growth Management Act of 1990 (GMA) RCW
36.70A requires jurisdictions to establish Levels of Service (LOS) Standards for their
transportation systems and to prohibit development if it will cause the tansportation LOS to
decline below the adopted standard (unless transportation improvements and strategies are
made to accommodate the development within six years); and
WHEREAS, the Whatcom County Comprehensive Plan Policy 4J-1 states that "Based on
established levels of service for all road segments under control of the county, develop a
concurrency management program that provides for consistent and predictable evaluation of the
impacts of future proposed development; and
WHEREAS, the Whatcom County SEPA official issued a Determination of Non -
Significance on November 1, 2006; and
WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits adoption of interim official
controls so long as a public hearing is held within 60 days of adoption; and
WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
Council action; therefore, the Council makes the following findings of fact:
1. The County currently lacks the regulatory mechanisms necessary to ensure that adequate
public facilities and services are provided concurrent with development.
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2. This new chapter related to transportation concurrency management is consistent with the
goals and policies of the Whatcom County Comprehensive Plan and the Washington State
Growth Management Act.
3. An interim transportation concurrency management system is necessary to allow evaluation
and discussion of options related to levels of service, the promotion of multimodal facilities,
financing, as well as consideration of innovative regulatory controls and administrabn.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC Title
20 is hereby amended to include a new Chapter 20.78 as shown in Exhibit A.
BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW
36.70.795, that this amendment shall be effective for not longer than six months following the
effective date of this ordinance, which may be renewed for one or more sixmonth periods until
December 31, 2008 if subsequent public hearings are held and findings of fact are made prior to
each renewal.
ADOPTED this 11 day of September , 2007.
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`►�►►► C O � WHATCOM COUNTY COUNCIL
ATTES 'C •. • • • •., �/ �iA. WHATCOM COUNTY, WASHINGTON
DanX-Bro)% - 28X , p Carl Weimer, Council Chair
Clerk'$f the�rG�.•
APPROVED,'�ftIH11 ( pproved { ) Denied
Ci ecutor Pete Kr men, County Executive
Date: 9l 3 -�
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EXHIBIT A
1 Chapter 20.78
2 TRANSPORTATION CONCURRENCY MANAGEMENT
3
Sections:
4
20.78.010
Purpose.
5
20.78.020
Authority.
6
20.78.030
Transportation concurrency — Exempt development.
7
20.78.040
Level of service standards.
8
20.78.050
Concurrency evaluation.
9
20.78.060
Concurrency determination.
10
20.78.070
Certificates of transportation capacity.
11
20.78.080
Administrative reconsideration.
12
20.78.090
Appeal.
13
20.78.100
Annual Transportation Concurrency Report
14
20.78.110
Definitions.
15
16 20.78.010 Purpose.
17 The purpose of this chapter is to ensure that adequate transportation facilities are available or
18 provided concurrent with development, in accordance with the Growth Management Act (RCW
19 36.70A.070) and consistent with WAC 365- 195 -510 and WAC 365 - 195 -835. No development
20 permit shall be issued except in accordance with this chapter.
21 20.78.020 Authority.
22 The planning and development services director, or his /her designee, shall be responsible for
23 implementing and enforcing this chapter.
24 20.78.030 Exempt development.
25 The following development permits shall be exempt from requiring a new concurrency evaluation:
26 (1) Developments with complete applications prior to the effective date of this ordinance so long as
27 the original proposal has not been modified after the effective date of this ordinance in a manner that
28 increases development units.
29 (2) Renewals of previously issued, unexpired permits.
30 (3) Phases of projects that were included in a concurrency evaluation as part of the original
31 application (i.e., phased development), provided that the determination of concurrency was approved
32 for the subsequent phase.
33 (4) Development applications for public buildings, including but not limited to:
34 (a)Pub[ic libraries;
35 (b)Publicly funded and operated educational facilities;
36 (c) Public parks and recreation facilities; and
37 (d) Public transportation facilities.
38 (5) Development that does not result in an impacted transportation facility as defined by this
39 chapter; such development includes but is not limited to:
40 (a) Residential development projects of four (4) or fewer dwelling units;
41 (b) Subdivision of land that will result in four (4) or fewer dwelling units;
42 (c) Non - residential developments that generate four (4) or fewer peak hour project trips;
43 (d) Any addition or accessory structure to a residence with no change in use or increase in the
44 number of dwelling units;
45 (e) Interior renovations with no change in use or increase in the number of development units;
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(f) Interior completion of a structure for use(s) generating the same or less peak hour traffic as
the existing use or a previously approved use;
(g) Replacement structure with no change in use or increase in the number of development
units;
(h) Temporary construction trailers;
(i) Driveway resurfacing or parking lot paving;
0) Reroofing structures; and
(k) Demolitions.
(6) At his or her discretion, the director may require of an applicant for a development permit that
does not qualify as exempt pursuant to WCC 20.78.030(5) a trip generation and distribution study
performed by a traffic engineer to confirm that the proposed development or use does not result in an
impacted transportation facility.
(7) Notwithstanding the exemptions listed above, the traffic resulting from any exempt use or
permit shall be included in computing background traffic for any nonexempt development.
60 20.78.040 Level of service standards.
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The transportation level of service standards are described and contained in the Whatcom County
Comprehensive Plan and any adopted modifications.
20.78.050 Concurrency evaluation.
(1) Application.
(a) County review of all applications for development permits, unless exempted by WCC
20.78.030, shall include a concurrency evaluation.
(b) For transportation concurrency evaluation, the applicant shall provide a traffic study
prepared by a traffic engineer, which shall compare the calculated level of service to the adopted level
of service standard for each impacted transportation facility. The traffic study shall, at a minimum,
provide the following information:
(i) Number of peak hour trips generated by the development according to the ITE trip
generation manual or other method approved by the director;
(ii) Anticipated trip distribution;
(iii) The current calculated level of service of all impacted transportation facilities;
(iv) The future calculated level of service of all impacted transportation facilities
incorporating traffic volumes from the proposed development;
(v) Any proposed mitigation; and
(vi) The future calculated level of service of all impacted transportation facilities with the
incorporation of proposed development traffic volumes and any proposed mitigation.
(c) The concurrency evaluation shall be accompanied by an application on a form provided by
the department and an application fee as provided in the County's Unified Fee Schedule.
(d) The concurrency evaluation and determination shall be completed prior to:
(i) Issuance of administrative approval/denial of the project permit if SEPA review is not a
requirement of the project;
(ii) Issuance of the DNS, MDNS or DS if SEPA review is a requirement of the project; or
(iii) Issuance of the staff report to the Hearings Examiner if there is a hearing before the
Hearings Examiner and SEPA review is not a requirement of the project.
(e) Development Permits for phased developments shall have the concurrency evaluation
completed for the entire project. A developer may elect to have the concurrency evaluation
undertaken for less than the entire project, if and only if:
(i) The Director agrees to such limited evaluation;
(ii) Each phase shall include all of the infrastructure to service that phase;
(ii) There is a written note included in the preliminary approval for such phased
development that the traffic concurrency evaluation is limited only to the specific phases for which
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95 approval has been provided.
96
97 20.78.060 Concurrency determination
98 The County shall not approve a development permit unless there are adequate transportation
99 facilities to meet the level of service standards for existing and approved uses, based on the forecast
100 PM peak hour traffic volumes and the committed transportation system.
101 (1) If the concurrency evaluation shows that the ratio of the forecast PM peak hour traffic volume
102 to the capacity of each transportation facility is equal to or less than the adopted level of service
103 standard for each impacted transportation facility, the director shall issue a determination of
104 concurrency finding and a certificate of transportation capacity according to the provisions of WCC
105 20.78.070.
106 (2) If the concurrency evaluation shows that the ratio of the forecast PM peak hour traffic volume
107 to the capacity of any transportation facility exceeds the adopted Ievel of service standard for any
108 impacted transportation facility, the concurrency test is not passed and the director shall notify the
109 applicant in writing of the denial of the issuance of the certificate of transportation capacity. The
110 applicant may:
111 (a) Amend the application within ninety (90) days in such a way to ensure that the ratio of the
112 forecast PM peak hour traffic volume to the capacity of each transportation facility does not exceed
113 the adopted level of service standard for each impacted transportation facility. To meet the foregoing,
114 amendments may include one or more of the following:
115 (i) Modify the project to reduce the impact on affected facilities;
116 (ii) Phase the project to coincide with planned improvements that will ensure concurrency;
117 (iii) Mitigate the impacts of the project to ensure concurrency;
118 (iv) Arrange with the service provider to provide the additional capacity of facilities
119 required; and/or
120 (v) Propose transportation strategies that will reduce the demand for capacity.
121 (b) Ask the director for formal reconsideration of the concurrency evaluation in accordance
122 with the provisions of WCC 20.78.080;
123 (c) Withdraw the application and reapply for an evaluation when concurrency can be ensured;
124 or
125 (d) Appeal the denial per WCC 20.78.090.
126 (3) A concurrency determination shall expire if the underlying permit application upon which the
127 determination was based expires or is withdrawn.
128 20.78.070 Certificates of transportation capacity.
129 (1) A certificate of transportation capacity shall be issued upon approval of the development permit
130 for which a concurrency evaluation was conducted by the applicant, reviewed by the County and
131 issued a determination of concurrency by the director. If applicable, payment of fee and/or
132 performance of any condition required by a service provider shall be a condition of certificate
133 issuance if such fee or performance of condition has been approved by the County. In no event shall
134 the director determine concurrency for a greater amount of capacity than is needed for the
135 development proposed in the underlying permit application, except as provided for phased
136 development.
137 (2) A certificate of transportation capacity shall apply only to the specific land uses, densities,
138 intensities and development projects described in the approved development permit. In the event that,
139 subsequent to issuance of the certificate, the approved development is modified to generate lower
140 traffic impacts on the transportation system, the certificate shall be modified to reflect the reduced
141 traffic impact.
142 (3) Phasing.
143 A certificate of transportation capacity shall be issued for all phases of a development permit,
144 except when the conditions set forth in WCC 20.78.050(e) have been fulfilled. In this case the
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145 certificate shall be conditioned to note that certificates are required for future phases. The certificate
146 shall specifically identify the amount, extent and timing of any required traffic mitigation.
147 (4) Transferability. A certificate of transportation capacity is not transferable to other land. The
148 certificate of transportation capacity, once issued, shall become part of the development permit and
149 shallbe transferred to new owners of the original land if and only if the development permit is so
150 transferred to the new owners.
151 (5) Capacity allocations. The applicant may, as part of a development permit application,
152 designate in writing the amount of capacity to be allocated to portions of the property, such as lots,
153 blocks, parcels, or tracts included in the application. Any such allocation shall be reflected in the
154 certificate of transportation capacity. Capacity may be reassigned or allocated within the boundaries
155 of the original property by application to the director. The director shall amend the certificate
156 accordingly.
157 (6) Life Span of Certificate. A certificate of transportation capacity shall expire when the
158 accompanying development permit expires or is revoked. The certificate may be extended according
159 to the same terms and conditions as the accompanying development permit. If the development
160 permit is granted an extension, so shall the certificate of transportation capacity. If the accompanying
161 development permit does not expire, the certificate of transportation capacity shall be valid for four
162 years from the date of issuance. The director may approve an extension of up to one year.
163 (7) Unused Capacity. Any capacity that is not used because the developer voluntarily surrenders
164 the certificate, decides not to develop, or the accompanying development permit expires, shall be
165 returned to the available pool of capacity.
166 20.78.080 Administrative reconsideration.
167 (1) The applicant may request reconsideration of the results of the concurrency evaluation within
168 15 days of the written notification of the evaluation results by filing a formal request for
169 reconsideration specifying the grounds thereof, using forms authorized by the department.
170
171 (2) The director shall reconsider the evaluation results and issue a determination within 30 days of
172 the filing of such request either upholding the original determination or amending it.
173 20.78.090 Appeal.
174 (1) The results of an administrative reconsideration pursuant to WCC 20.78.080 may be appealed
175 to the hearing examiner, as provided by Chapter 20.92 WCC.
176 (2) Any appeal shall be accompanied by a fee as defined in the County's Unified Fee Schedule.
177 (3) Upon filing of such appeal, the department shall notify the appropriate service provider(s) of
178 the appeal.
179
180 20.78.100 Annual transportation concurrency report.
181 (1) The director shall prepare an annual report presenting current capacities and levels of service
182 for affected facilities. The report shall identify any known existing and projected service deficiencies
183 and recommend steps necessary to achieve concurrency including, but not limited to, reevaluating
184 level of service standards, improvement financing strategies and/or reassessment of land use policies.
185 The report shall be used in the review and update of the County's Six -Year Transportation
186 Improvement Program and the County's Six -Year Capital Improvement Program.
187 20.78.110 Definitions.
188 (1) "Adequate transportation facilities" means transportation facilities which have the capacity to
189 serve development while meeting the County's established level of service standards.
190 (2) "Calculated level of service" means the ratio of the forecast peak hour traffic volume to the
191 capacity of a transportation facility.
192 (3) "Capacity" means the estimated directional rate of traffic flow that can be accommodated by a
193 given transportation facility within the PM peak hour and is expressed in terms of vehicles per hour.
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The capacity used in the concurrency evaluation is defined by the County and based on the committed
transportation system.
(4) "Certificate of transportation concurrency" is the final document issued by Whatcom County,
confirming availability and reserving capacity on the County's transportation facilities specific to the
proposed development or development permit.
(5) "Committed transportation system" means the system of transportation facilities used to
calculate the level of service relative to a development proposal. It includes existing transportation
facilities and proposed facilities which are fully funded for construction in the most currently adopted
Six -Year Transportation Improvement Program or for which voluntary financial commitments have
been secured in an amount sufficient to complete the particular facility improvement. The County
may make adjustments to the committed transportation system for corrections, updates, and
modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications
consistent with the adopted comprehensive plan, or the date of construction (scheduled for
completion within the six -year period) of any facility enumerated in the Six -Year Transportation
Improvement Program. The committed transportation system includes:
(a) County roads;
(b) State highways and freeways within the County;
(c) Bus routes;
(d) Park and ride lot locations;
(e) Trails, pathways, or other non - motorized transportation facilities;
(f) High occupancy vehicle exclusive lanes; and
(g) Projects to be provided by the State, cities or other jurisdictions may become part of the
committed transportation system upon decision of the County.
(6) " Concurrency" means that adequate transportation facilities are in place at the time of
development or that a financial commitment is in place to complete the improvements or strategies
needed for adequate transportation facilities within six years.
(7) " Concurrency evaluation" means the process to determine if a proposed development's impact
on transportation facilities meets the County's level of service standards set for those affected
roadways, as defined in this ordinance.
(8) "Determination of concurrency" means a determination by the director based on a concurrency
evaluation that shows that the development's impacts on the transportation system will not result in
the level of service of a transportation facility falling below the adopted level of service standard for
the facility.
(9) "Department" means the planning and development services department of Whatcom County.
(10) "Development permit" means any order, permit or other official action of the County
granting, or granting with conditions, an application for development as defined by WCC 20.97.099
which authorizes the commencement of development activity.
(11) "Development units" means the proposed quantity of development measured by dwelling
units for residential development and square feet for specific nonresidential use categories, which are
the basis of the calculations of level of service for the determination of concurrency.
(12) "Director" means the planning and development services director, or his/her designee.
(13) "Financial commitment" consists of the following:
(a) Revenue designated in the most currently adopted Six -Year Transportation Improvement
Program for transportation facilities or strategies comprising the committed transportation system.
Projects to be used in defining the committed transportation system shall represent those projects that
are identified as funded for construction in the six years of the Six -Year Transportation Improvement
Program;
(b) Revenue from federal or state grants for which the County has received notice of approval;
and
(c) Revenue that is assured by an applicant in a form approved by the County in a voluntary
agreement.
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(14) "Forecast peak hour traffic volume" means a forecast PM peak hour traffic volume that
includes existing traffic, ambient traffic growth, traffic from other future development projects that
were applied for prior to the subject development application based on Whatcom County records, and
the traffic anticipated from the subject development.
(15) "Growth Management Act" means the Washington State Growth Management Act (RCW
36.70A) and any adopted amendments.
(16) "Impacted transportation facility" includes any transportation facility which is impacted by
five (5) or more peak hour project trips in one direction.
(17) "ITE trip generation manual" means the manual prepared by the Institute of Transportation
Engineers, latest edition, for the purpose of assigning numbers of vehicle trips associated with various
land uses.
(18) "Level of service standard" means the transportation level of service standard as adopted in
the Whatcom County Comprehensive Plan based on the ratio of forecast peak hour traffic volumes to.
capacity.
(19) "Mitigation" means transportation demand management strategies and/or facility
improvements constructed or financed by a developer whichfully offsets the subject development's
impacts to a facility so that a) the level of service for a transportation facility with a pre- existing level
of service deficiency is not further degraded; or b) the level of service for a transportation facility
without a pre- existing level of service deficiency is not reduced below the approved level of service.
(20) "Peak hour project trips" means the traffic estimated by a traffic engineer to be generated by a
proposed development during the one -hour weekday afternoon period during which the greatest
volume of traffic uses the road system.
(21) "Peak hour traffic" means traffic volumes during the one -hour weekday afternoon period
during which the greatest volume of traffic uses the road system, as identified separately for each
segment of a transportation facility.
(22) "PM peak hour" means the one -hour weekday afternoon period during which the greatest
volume of traffic uses the road system, as identified separately for each segment of a transportation
facility.
(23) "SEPA" means the State Environmental Policy Act (RCW 43.21) as implemented by
Whatcom County.
(24) "Service provider" means the jurisdictions, department or agency responsible for providing
the facility.
(25) "Six -Year Transportation Improvement Program" means the expenditures programmed by the
County for capital purposes over the next six -year period in the Six -Year Transportation
Improvement Program pursuant to RCW 35.77.010.
(26) "Traffic engineer" means an engineer licensed in the State of Washington qualified to
perform traffic impact analyses.
(27) "Transportation facilities" means all principal arterials, minor arterials, collector arterials,
major collectors, and minor collectors in Whatcom County as defined in Whatcom County
Development Standards Chapter 5 "Road Standards ", incorporated herein by this reference.
(28) Transportation strategies" means transportation demand management strategies and other
techniques or programs that reduce single - occupant vehicle commute travel or improve the capacity
of a transportation facility and that are approved by the director. Strategies may include but are not
limited to vanpooling, carpooling, public transit, access management, signalization and
channelization.
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