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:
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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.
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(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.
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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-
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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":
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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
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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
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