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HomeMy WebLinkAbout3821 Ordinance ORDINANCE NO.-3Y2 f AN ORDINANCE relating to traffic impacts on City streets and the need for utilities and amending Title 12 of the Pasco Municipal Code to include provisions for concurrency. WHEREAS, RCW 36.70A.070, requires the City to "adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standard adopted in the Transportation Element of the Comprehensive Plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development;" and, WHEREAS, RCW 36.70A.070, also specifies that "concurrent with the development' means that improvements or strategies are in place at the time of development, or that financial commitment is in place to complete the improvements or strategies within six years; and, WHEREAS, the Transportation Element of the Comprehensive Plan has established a level of service "D" for the arterial street system within the City; and, WHEREAS, the Planning Commission conducted a public hearing to address concurrency issues and to develop ordinance recommendations for City Council consideration; and, WHEREAS, the City Council seeks to ensure that the requirements of the State Growth Management Act are met; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Title 12 of the Pasco Municipal Code be and the same is hereby amended to include a new Chapter 12. 36 to read as follows: 1 CHAPTER 12.36 Concurrency Sections: 12.36.010 Purpose 12.36.020 Definitions 12.36.030 Applicability 12.36.040 Exemptions 12.36.050 Concurrency Development Standards 12.36.060 Level of Service Established 12.36.070 Concurrency Review Process 12.36.080 Minimum requirements for concurrency 12.36.090 Determination of concurrency 12.36.100 Monitoring Concurrency 12.36.110 Severability Section 12.36.010 Purpose. The purpose of this chapter is to implement the concurrency provisions of the State Growth Management Act as required by RCW 36.70A. 070. The intent of this Chapter is to ensure that the City's transportation and utility systems will be adequate to serve current and future development, without causing the level of service to decline below the standards established in the Comprehensive Plan. Section 12.36.020 Definitions. Except as specifically defined in this Chapter or elsewhere in the Pasco Municipal Code, all words shall carry their customary meaning. (1) Adequate - means transportation or utility facilities meet or exceed the City's level of service as established in the Comprehensive Plan and or the Comprehensive Water and Sewer Plan. (2) Capacity for Transportation -- means the maximum number of vehicles that can be accommodated during a specific travel period at a specific level of service. (3) Capacity for Utilities - means the number of equivalent residential units that can be accommodated by the water and sewer system. (4) Completion of Development - means that a certificate of occupancy, or other formal approval has been issued by the city authorizing occupancy and/or the use of a development. 2 (5) Concurrent - means physical improvements or transportation and utility strategies are in place at the completion of development, or the financial commitment is in place to complete the needed improvements or strategies within six years. (6) Development Activities - means any construction or reconstruction that expands a building, platting or any use of real property which requires review, approval and/or permitting by the city. (7) Financial Commitment - means revenue designated in the most currently adopted Transportation Improvement Plan for transportation facilities or the most current adopted Capital Improvement Plan for utility facilities through a six year period or revenue that is assured by an applicant in a form approved by the city. (8) Incidental Residential Permit - means a permit for any activity other than the initial permit for the construction of a single family dwelling on a lot. (9) Transportation Facility - means arterial, collector and local streets maintained by the city and transit routes operated by the Ben Franklin Transit Authority. (a) Existing transportation facilities - are those facilities in place at the time a concurrency test is applied. (b) Planned transportation facilities - are those facilities identified in the Comprehensive Plan and/or scheduled to be constructed as shown in the Six-year Street Improvement Program. (9) Utility Facility - means the water and sewer system maintained by the city. (a) Existing utility facilities - are those facilities in place at the time a concurrency test is applied. (c) Planned utility facilities - are those facilities identified in the Comprehensive Water and Sewer Plan and/or scheduled to be constructed as shown in the Six-year Capital Improvement Program. 3 Section 12.36.030 Applicability. This chapter shall be applicable to all development activities except those listed under exemptions in Section 12.36.040. Section 12.36.040 Exemptions. Unless otherwise provided, the following development activities shall not require a concurrency evaluation or the payment of a traffic impact fee: Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats, incidental residential permits, sign permits, tenant improvements and remodels that do not result in the expansion of existing buildings. Small developments with 6 lots or less located east of 20th Avenue will be exempt from transportation concurrency (street and sidewalk improvements) provided such development has been granted a wavier approved by the Public Works Director. Said waiver shall be subject to the property owner recording an agreement approved by the Public Works Director specifying a time frame for completion of street and sidewalk improvements and or the agreement to participate in a future local improvement district for the completion of the necessary improvements. Section 12.36.050 Concurrency Development Standards. All development activities, exempt or non-exempt, are subject to the following Development Standards: A. STREET IMPROVEMENTS. (1) Right-of-way improvements shall be required at the time adjoining property is developed and shall be required on all property. As a minimum, a three-quarter (3/4) street standard will be required if the property being developed only fronts on one side of the street. (2) Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. All such improvements shall be approved by the City prior to construction and acceptance. The three-quarter (3/4) street standard shall include curb, gutter, and sidewalk on the developed side and a minimum of two complete traffic lanes. (3) The developer of real property shall be responsible for installing the required improvements within the respective half of right- 4 of-way width abutting the real property being developed, provided such improvements consist of at least two (2) traffic lanes. (4) Minimum sidewalk widths, not including the six-inch curb, shall not be less than the following: (1) Residential Zones - four and a half (4.5) feet; (2) Commercial Zones - six and a half (6.5) feet. (5) Curbs, gutters, sidewalks and street lights are not required in RS-12 or RS-20 residential zones, but may be installed at the option of the developer. B. UTILITY IMPROVEMENTS. Water and sewer improvements shall be required at the time adjoining property is developed and shall be required on all property. Water and sewer utilities shall be extended through the length of the property being developed. The design and construction of water and sewer utilities shall conform to the construction standards as prepared by the City Engineer. Section 12.36.060 Level of Service Established. The Level of Service for Transportation and Utility Facilities adopted in the Comprehensive Plan is hereby established as a guide for concurrency reviews. Section 12.36.070 Concurrence Review Process. A concurrency review shall be required for all development activity as noted in Section 12.36.030 and for all subdivision proposals. No separate application shall be required. The concurrency review shall be included as a part of the City's standard Development Review Process or preliminary plat review process. In order for a development proposal to be considered for concurrency review, applications for building permits must contain all site plans, civil plans and permit data required under the building permit application process. All applications for subdivision, including short plats and binding site plans, approval must contain the required information in Title 26. The City may require the additional submittal of a traffic analysis or traffic impact study for both building permit and subdivision review to assist with a concurrency review. Section 12.36.080 Minimum Requirements for Concurrence. To obtain a concurrency approval based on meeting minimum required levels of service for transportation facilities, item "A" through "C" must be satisfied along with one item from "D" through "F": 5 A. Adequate adjoining street improvements exist or will be available at the completion of development meeting the standards of Section 12.36.050; and, B. Adequate adjoining water and sewer improvements exist or will be available at the completion of development meeting the standards of Section 12.36.050; and, C. The development activities to be permitted will contribute a pro rata share of the cost of traffic impacts through payment of traffic impact fees authorized in Chapter 3.132 and identified in Section 3.07.220 prior to the issuance of a permit. D. That necessary transportation facilities are included in the City's six-year street plan current at the time development activities are permitted; or, E. Provisions for transportation facilities are guaranteed in a development agreement entered into by the developer and the City. The agreement must guarantee that the necessary transportation facilities will be in place within six years of the time that the first development activities are permitted; or, F. The necessary transportation facilities (arterial, collector streets, street signals) are or will be in place at the completion of development. Section 12.36.090 Determination of Concurrence A. Generally. Prior to issuance of a development permit the City shall place a written determination of concurrency in the review file of each non-exempt development activity. A determination of concurrency can not be transferred to another development activity. B. Short Plats and Binding Site Plans. The issuance of a written determination of concurrency for short plats and binding site plans will require short plats and binding site plans to contain a note stating that at the time lots are developed all abutting streets and utilities shall be improved to City standards as directed by the City Engineer. Section 12.36.100 Monitoring Concurrence. The City shall monitor the cumulative impacts of new development by taking periodic traffic counts on selected streets. The City may also undertake periodic studies to assess the overall circulation system and 6 or utility system within the City for compliance with the adopted level of service standard. Section 12.36.100 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. Section 2. This ordinance shall become effective 5 days after publication as required by law. PASSED by t City Council of the City of Pasco, at its regular meeting, this 20 day of 2007. Jo O on Mkyfir ATTEST: APPROVED AS TO FORM: Sandy Kerykorthy Leland B. Kerr Deputy City Clerk City Attorney 7