City of Lacey, Washington Municipal Code Title 14, Chapter 14.21

LACEY MUNICIPAL CODE

A Codification of the General Ordinances of the City of Lacey, Washington

Title 14: BUILDINGS AND CONSTRUCTION

Chapter 14.21

TRAFFIC MITIGATION AND CONCURRENCY

Sections:

14.21.010 Definitions

14.21.020 Application and administration

14.21.022 Plan area

14.21.024 Transportation improvement plan

14.21.026 Transportation improvements

14.21.030 Review of development proposals

14.21.040 Methods of providing transportation improvements

14.21.050 Prior plats

14.21.010 Definitions. For purposes of this chapter, the terms contained herein shall be defined as follows:

A. Affected Transportation Improvement Project. “Affected Transportation Improvement Project” means a Transportation Improvement Project identified in the manner set forth in Section 14.21.026 to which the proposed development is projected to add at lest one PM Peak Hour Trip. Distribution of PM Peak Hour Trips shall be made in accordance with the latest adopted revision of the Thurston Regional Planning Council’s Traffic Distribution Model or such other method as is specifically approved by the city.

B. Background Traffic. “Background Traffic” means that volume of traffic that is projected to occur on the street system or through an intersection as of the anticipated date of completion of a development but not including the traffic generated from such development. “Background Traffic” shall include anticipated traffic from all other approved developments located inside or outside of the city except those developments where governmental approval has lapsed.

C. Capacity. “Capacity” means the maximum number of vehicles that can be accommodated in the area of a transportation improvement project at a specified level of service. “Capacity” shall be calculated according to the most recent Highway Capacity Manual, a signal warrant analysis, or alternative method approved by the city.

D. Completion of Development. “Completion of Development” is achieved:

1. In residential developments other than multifamily residential and planned community development, upon final plat approval.

2. In planned community developments and village centers upon final city approval of the phase of the development which caused the traffic mitigation measures to be required.

3. In all other developments, when a certificate of occupancy has been issued by the city.

E. Comprehensive Plan. “Comprehensive Plan” means the city of Lacey Comprehensive Plan, including any joint comprehensive plan adopted by the city and Thurston County.

F. Development. “Development” means preliminary plat, short plat, proposal to substantially intensify the type of use of existing land or structures, additions to existing structures other than one or two family residential structures and any proposed project requiring site plan review pursuant to LMC Section 16.84.010. Except for those residential lots within plats described in Section 14.21.050, the term shall not include individual one or two family residential lots.

G. Financial Commitment. “Financial Commitment” means funds known or reasonably forecasted to be available and designated for transportation facilities or strategies and/or funds that are deposited or assured by an applicant in a form approved by the city.

H. Level of Service (LOS). “Level of Service” means the capacity standard for traffic flow through a specified area defined in the latest edition of the Highway Capacity Manual. Subject to the provisions for Strategy Corridors set forth in Subsection M of this Section, the adopted levels of service for the city of Lacey are as follows:

1. Lacey Core Area = Level E

The Lacey Core Area is defined as that area bounded by the northerly right-of-way line of Martin Way on the north, the southerly right-of-way line of Lacey Boulevard on the south, the westerly city limit line on the west and the easterly right-of-way line of Carpenter Road on the east.

2. All areas other than the Lacey Core Area = Level D

I. Mitigation. “Mitigation” shall mean facility improvements constructed or financed either directly by a developer or in conjunction with the construction or financing of such improvements by other developers and/or the city.

J. PM Peak Hour. “PM Peak Hour” shall mean the sixty-minute period between 4:00 p.m. and 6:00 p.m. with the greatest sum of traffic volumes on a roadway segment or passing through the area of a transportation improvement project.

K. PM Peak Hour Trips. “PM Peak Hour Trips” means total vehicular trips entering and leaving a development during the p.m. peak hour of the adjacent streets. The trip generation rate is as defined in the most recent ITE Trip Generation Manual, published by the Institute of Transportation Engineers. Other trip generation rate sources approved by the city may be used where ITE data are based on a limited survey base or where there may be special trip generating characteristics of the proposal.

L. Plan Area. “Plan Area” means that geographic area described in Section 14.21.022 as generally benefited by the transportation improvements identified in the manner specified in Section 14.21.026 and within which transportation mitigation fees may be imposed.

M. Strategy Corridors. “Strategy Corridors” are those streets or intersections which typically have been constructed or improved to 4 or 5 lanes in width between intersections, or are streets or intersections bounded by existing land use or environmental features that preclude further widening. Such Strategy Corridors are in areas where, pursuant to other policies of the City, growth is encouraged and typically coincides with the designation of a High Density Corridor, City Centers, Core Areas or Activity Centers where a concentration of commercial and other uses is desired, especially when that growth increases densities and proximity of different types of land use. Peak hour vehicular congestion in these corridors is likely to exceed levels of service which would otherwise be acceptable within the transportation system. Such corridors should be identified in the City’s Transportation Plan. Such Strategy Corridors shall be exempt from the level of service standards set forth in Subsection H of this Section. However, strategies tailored to each of such corridors may be required in accordance with the procedures and authority set forth in Section 14.21.030. Such strategies should include an appropriate mix of:

1. High quality and fully integrated bike, pedestrian, carpool, vanpool, and transit facilities and services.

2. Complete and connected street grids.

3. Transportation technology measures that improve overall system operating efficiency and safety.

4. Access management.

5. Parking management.

6. Aggressive travel demand management strategies; and/or

7. Land use intensification.

N. Transportation Improvement Project. “Transportation Improvement Project” means any and all transportation improvement projects identified as specified in Section 14.21.026 to be designed and constructed in accordance with the city’s Development Guidelines and Public Works Standards or by the requirements of the state of Washington for transportation improvement projects controlled and regulated by the state of Washington.

O. Transportation Mitigation Fee. “Transportation Mitigation Fee” means the monetary charge imposed on a development within the plan area for the purpose of providing that portion of the funding for identified transportation improvement projects which is reasonable and necessary to mitigate the cumulative impacts of growth and development upon such identified transportation improvement projects. (Ord. 1268 §1, 2006; Ord. 1059 §1, 1997; Ord. 1033, 1996).

14.21.020 Application and administration.

A. General Application. This chapter shall apply to all applications hereafter filed for a development which will add at least one new PM Peak Hour Trip to the area of an individual identified traffic improvement project.

B. Phased Development. A Phased Development is any development involving multiple buildings where issuance of building permits will occur for individual buildings. In determining general application of this chapter to a particular building or buildings in such a development, the city shall consider the generation of all traffic from buildings approved for construction within six years prior to the date upon which the consideration of applicability is determined except for that traffic to which this chapter has been previously applied.

C. Building Enlargement and Intensification of Use. In determining general application of this chapter to developments consisting of substantial intensification of use or additions to existing structures, the city shall consider the generation of all traffic from buildings constructed or enlarged and uses intensified within six years prior to the date upon which the consideration of applicability is determined. Mitigation shall not be required for trip impacts previously mitigated either under this ordinance or under the requirements in effect at the time of the previous development.

D. Reconstruction of Destroyed Buildings. If a building is destroyed by fire, explosion or act of God or war, and is reconstructed in accordance with city code, it will not be required to comply with this chapter unless the reconstructed building is anticipated to produce trips in excess of those produced by the destroyed building.

E. SEPA and other code requirements. This chapter establishes minimum standards which are to be applied to all developments in order to provide street capacity improvements to minimize traffic congestion on the streets and highways in the city. Nothing herein is intended to limit the further application of the State Environmental Policy Act to specific developments. Each development shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act and LMC Chapter 14.24. Provided, however, a transportation mitigation fee shall not be required for a development when mitigation of the same off-site transportation impacts caused by the development is required by any other government agency. Further, nothing herein shall limit or modify requirements contained within this code, including the city’s Development Guidelines and Public Works Standards, relating to frontage improvements or improvements interior to the development.

F. Administration. The Site Plan Review Committee shall be responsible for the administration of this chapter. The information to be provided by applicants and the criteria for determining traffic generation and impact of development shall be in accordance with section 1G.040 of the city’s Development Guidelines and Public Works Standards, provided however, that in case of conflict between the terms of this chapter and the provisions of said section 1G.040, the provisions of this chapter shall prevail. (Ord. 1059 §2, 1997; Ord. 1033, 1996).

14.21.022 Plan Area. The transportation improvement plan area established in this chapter shall be that portion of Thurston County lying easterly of Lilly Road NE and Wiggins Road SE, extended, northerly of 93rd Avenue SE, extended and westerly of a line running north and south and located one thousand three hundred twenty feet east of the line of the Willamette Meridian. The location of Meridian Road is generally the same as the line of the Willamette Meridian. (Ord. 1059 §3, 1997).

14.21.024 Transportation Improvement Plan. The city’s transportation improvement plan consists of those certain plans and documents designated herein as the same now exist or are hereafter amended or updated:

A. City of Lacey 1994 Comprehensive Transportation Plan.

B. Transportation Element - 1996-2016 Capital Facilities Plan, City of Lacey, Washington.

C. Six-Year Comprehensive Transportation Improvement Program for the City of Lacey. (Ord. 1059 §4, 1997).

14.21.026 Transportation Improvements. The transportation improvements reasonably necessary to mitigate the cumulative impacts of growth and development in the plan area are set forth on Table 14T-15. The transportation improvements so designated shall be reviewed annually at the time of review of the city’s Six-Year Transportation Improvement Program. After such review, the city council may modify such list of transportation improvements and if revisions are made, adopt such revised list by resolution or ordinance. Provided, however, the council shall not include on such list any transportation improvement project that is incapable of being reasonably carried out because of lack of public funds or other foreseeable impediment. (Res. 884, 2004, amends Table 14T-15; Res. 874, 2003, amends Table 14T-15; Res. 856, 2002, amends Table 14T-15; Res. 821, 2000, amends Table 14T-15; Ord. 1059 §5, 1997).

14.21.030 Review of development proposals.

A. Traffic Impacts. Subject to the provisions of subsection B of this section, approval of a proposed development will be conditioned upon the mitigation of the traffic impacts of such development, pursuant to Section 14.21.040.

B. Concurrency Requirement. A proposed development will not be approved under this chapter if traffic generated by such development, when added to the background traffic volumes, causes the level of service on a transportation facility to decline below the level of service standard set forth in Section 14.21.010(H), unless transportation improvements or strategies to cure such decline are made concurrent with the development. The city may require the submittal of supplementary information and studies by a developer for any development which may reasonably cause a transportation facility to decline below such level of service standard. Futher, for identified Strategy Corridors, the City may require a combination of those strategies set forth in Section 14.21.010.M to be constructed or instituted. Such transportation improvements or strategies may be provided by the following method or combination of methods:

1. Public transportation projects which are initially funded and in support of which the proponent has paid or agreed to pay a mitigation fee pursuant to Section 14.21.040.B(2) of this chapter;

2. Transportation improvements which are under contract as part of the completion of other approved developments and in support of which the proponent has paid or agreed to pay a mitigation fee pursuant to Section 14.21.040.B(2) of this chapter;

3. Transportation improvements constructed by the proponent or to the costs of which the proponent has paid a dollar amount or dedicated land of a fair market value equal to or in excess of the mitigation fee which would otherwise have been paid by such proponent pursuant to Section 14.21.040.B(2). The proponent shall be given credit against the development’s total obligation for transportation mitigation fees to the extent that such construction, contribution or dedication to a particular transportation improvement project exceeds the transportation mitigation fee which would otherwise have been due for that transportation project. If the value of such construction, contribution, or dedication exceeds the total of the transportation impact fee obligation for the proponent’s development, the proponent shall be entitled to reimbursement from transportation mitigation fees attributable to that particular transportation improvement project and paid by subsequent developers within the plan area. Such reimbursement shall be made to the proponent in the same proportion as the proponent’s construction, payment or dedication bears to the total of the new development portion of the costs of such project;

4. Planned transportation improvements or strategies for which there is in place a financial commitment to assure completion within six years after completion of the development and in support of which the proponent has paid or agreed to pay a mitigation fee pursuant to Section 14.21.040.B(2) of this chapter.

C. Decision and Appeal Process.

1. The Site Plan Review Committee shall determine if concurrency required under this chapter is met.

2. If concurrency is met but mitigation is required, the committee shall require mitigation in accordance with the requirements of Section 14.21.040. Notice of the committee’s decision and the mitigation required shall be provided in written form to the proponent.

3. Any decision of the city of Lacey in the administration of this chapter may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards.

D. Review of Developments Outside City Limits.

The city shall review developments which are within the plan area but located outside of the city limits in the same manner as it reviews developments located within the city limits. The city shall further cooperate with Thurston County and other cities within the county to expeditiously review the transportation impacts of developments located within such jurisdiction. Such cooperation shall include the exercise of all powers under existing contractual agreements, the promotion of future contractual agreements, and the adoption by the county of common development standards. All cooperative efforts shall be directed towards evaluating and mitigating the actual impacts of development projects upon the transportation improvement projects located within the respective jurisdictions. If the projected transportation impacts on Lacey transportation improvement projects of those developments located outside the city but within the plan area are not required to be mitigated by the jurisdiction in which such development is located or voluntarily mitigated by the developer in a manner equal to the requirements of this ordinance, the city shall not extend utility services to such development unless required to do so by prior agreement or force of law. (Ord. 1268 §2, 2006; Ord. 1192 §13, 2002; Ord. 1059 §6, 1997; Ord. 1033, 1996).

14.21.040. Methods of providing transportation improvements.

A development proponent may be required to directly mitigate the transportation impacts of such proposed development or be required to pay transportation mitigation fees. Such mitigation methods shall be carried out as follows:

A. Direct Mitigation. Construction of traffic improvements which are required of a proponent as direct mitigation under Section 14.10.030 must be completed by the time of completion of development or an assurance device to guarantee completion of such improvements must be deposited with the city. The assurance device shall be in an amount equal to one hundred fifty percent of the estimated improvement cost. Such assurance device shall be deposited with the city at the time of building permit issuance, final plat approval or other approval to proceed. The direct payment of a lump sum for signal timing shall be considered a direct mitigation under this subsection.

B. The transportation impacts from each development within the plan area except those impacts directly mitigated as provided in subsection A of this section shall be mitigated by the payment of a transportation mitigation fee. Such fee shall be determined, paid and expended as follows:

1. The city shall determine, the number of PM Peak Hour Trips generated from or to such development which impact each transportation improvement project listed in the transportation improvement program. In making such determination, the city shall consider all relevant factors, including the developer’s participation in public transportation, ride sharing and other transportation demand management programs and services. Further, in order to recognize the increased tax revenue to be received by the city to offset transportation improvement project costs from nonresidential developments to be located within the city and the jobs created by such developments the city shall divide the number of PM Peak Hour Trips generated from or to such nonresidential development which impact each transportation improvement project by a factor of two. Provided, however, that such division shall not be made of those PM Peak Hour Trips generated which impact that transportation improvement project designated as Marvin and I-5 interchange improvements.

2. The number of PM Peak Hour Trips determined in subsection B.1. for each transportation improvement project shall be multiplied by the cost per trip as set forth on Table 14T-15 as the same may annually be hereafter modified for each transportation improvement project included within the program. Such cost per trip is determined by dividing the total estimated or actual cost of the transportation improvement project by the consistent denominator of traffic volume set forth for each such project. The cost per trip is determined by such calculation in order to provide a reasonable portion of the funding of such projects to solve the cumulative impacts of planned growth and development within the plan area. A cost per trip which is less than the cost determined by such calculation may be approved by the city council as part of its periodic review of the transportation improvement program in order to assure that such transportation mitigation fees do not exceed those fees reasonably necessary as a direct result of a proposed development. If the cost per trip as set forth changes between the date of development approval and the date of mitigation fee payment or first payment pursuant to the installment method due to projected construction cost increases or decreases, the fee due shall be in accordance with the cost per trip in effect at the date of such payment or first installment. Provided, however, that the average cost per trip for a residential development not generating trips to or from that transportation improvement project designated as Marvin and I-5 interchange improvements shall not exceed the sum of $1,040.00. The average cost per trip for those residential developments generating trips which impact the transportation improvement project designated as Marvin and I-5 interchange improvements shall not exceed the sum of $1,040.00 plus a sum equal to the per trip cost exceeding $1,040.00 for those trips generated by the development and impacting the Marvin and I-5 interchange improvements project. The $1,040.00 limitation set forth herein shall be increased on July 1 of 1998 and July 1 or each year thereafter in an amount equal to the increase in the Engineering News Record Construction Cost Index over a date one year earlier.

3. The transportation mitigation fee determined shall be payable for those designated transportation improvement projects constructed or to be constructed after the passage of this ordinance. The requirement to pay such fees shall apply even though the transportation project has been completed prior to development application or the due date of mitigation fee payments. Such requirement shall continue until the trips generated for a particular transportation improvement project from developments which have paid mitigation fees for that project equal the number of trips shown as mitigated volume on the transportation improvement mitigation list.

4. The city shall maintain accurate accounting records showing the amount of mitigation fees paid for each transportation improvement project, the source of the funds, the date the funds where contributed and the date, amount and purpose of all expenditures of such fees. The accounting records shall be public records and open to inspection.

5. Transportation mitigation fees collected as a result of a particular new development shall be used to pay for transportation improvements mitigating the impacts of such development within six years after actual receipt of such funds. Mitigation fees paid towards more than one transportation improvement may be pooled and expended on any one of the improvements impacted by the development. Application of fees received to reimburse the public or other developers for designated transportation improvement projects previously completed shall be deemed to be an expenditure of such fees for purposes of this subsection. Any funds not expended in the manner set forth in this subsection within six years of collection of such funds shall be refunded in full to the property owner of record at the time of the refund.

6. The transportation mitigation fee as so determined, shall be due and payable at the time of issuance of a building permit. In all cases except residential subdivisions, the property owner may pay the transportation mitigation fee in a lump sum upon building permit issuance or, at the owners option, by annual installments, with interest, over a period of five years. In the case of residential subdivisions or short subdivisions, if the developer chooses to pay the transportation mitigation fee at the time of final plat approval, such developer shall have the same installment option as set forth for non residential developments. If the option to pay by installment is chosen, the property owner or developer shall be required to pay twenty percent of the total fee at the time the building permit is issued or in the case of residential subdivisions, at the time the final plat is approved and the remaining balance in equal installments over a period of five years with interest at the rate set by the State Treasurer and published in the Washington State Register pursuant to the Revised Code of Washington 19.52.025 for the month December of the year immediately preceding the calendar year in which the promissory note is provided to the city. The developer or property owner may pay the outstanding balance with accumulated interest at any time without penalty. If any installment is not paid within ten days of the date it is due, the total outstanding balance shall immediately be due and payable. The installment method of payment may only be used if additional security, satisfactory to the city is provided to guarantee such payment. For those developments not requiring a building permit, the initial development or construction permit issued shall be treated as a building permit for purposes of determining the due date and manner of payment of the transportation mitigation fee. Payment of a mitigation fee is intended to mitigate the transportation impacts for a particular location. Therefore, mitigation fee credit cannot be transferred to any other location.

7. Nothing herein shall prevent the city from approving local improvement districts, proposed transportation latecomer agreements or other means of financing transportation improvements. Provided, however, that the developer or owner of properties shall be given credit against such other means of financing for mitigation fees paid under this chapter for the specific transportation improvement project to be financed. (Ord. 1141 §1, 2000; Ord. 1059 §7, 1997; Ord. 1048 §1, 1996; Ord. 1033, 1996).

14.21.050 Prior plats. Notwithstanding anything in this chapter to the contrary, the provisions herein shall apply upon the issuance of building permits within plats, the approval of which was made contingent upon addressing the issue of traffic impacts at the time of building permit application. (Ord. 1059 §8, 1997).

City of Lacey, Washington, USA