HomeMy WebLinkAbout1998-068 Transportation Demand Management Strategy (transportation capacity / Growth Management Act [GMA]) ' l
ORDINANCE NO. 98- 68
AN ORDINANCE concerning land u se and development regulation under the state Growth
Management Act, and providing a transportation demand management
strategy as required by RCW 36.70A.070.
WHEREAS, the City of Yakima is! required by the Washington Growth Management Act
( "GMA "), RCW Section 36.70A.070(6)' to:
adopt and enforce ordinances which prohibit development approval if the development
causes the level of service on a locally owned transportation facility to decline below the
standards 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
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WHEREAS, pursuant to the provi of the Urban Area Regional Planning Agreement,
the Regional Planning Commission and the Joint Board have reviewed and recommended the
following proposed provisions for Transportation Capacity Management for enactment by
the City of Yakima in satisfaction of the GMA requirements; and
WHEREAS, the City Council has reviewed the following proposed provisions for
Transportation Capacity Management and finds it is in the best interests of the City that they
be enacted by the City of Yakima in satisfaction of the GMA requirements; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1.. new title /chapter shall beladded to the City of Yakima Municipal Code to read
as follows:
1 i Chapter 12.08
2 TRANSPORTATION CAPACITY MANAGEMENT
3 Sections:
4 12.08.010 Intent.
5 12.08.020 Definitions.
6 12.08.030 Transportation capacity test.
7 12.08.040 Exemptions.
8 12.08.050 Administrative reconsideration..
9 12.08.060 Appeal to the City Council.
10 12.08.010 Intent.
11 The City of Yakima is required by the state Growth Management Act, chapter 36.70A
12 RCW, to ensure that proposed development not be approved unless transportation
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13 improvements or strategies to accommodate the impacts of such development are established
14 concurrently with any proposed development that would otherwise reduce the level of service
15 of a transportation facility below the standards adopted in the transportation element of the
16 City's comprehensive plan. The intent of this chapter is to establish a transportation capacity
17 management system to ensure that transportation facilities and services needed to maintain
18 adopted minimum comprehensive plan level of service standards are available concurrently •
19 with, or within a reasonable time after, new development, occupancy, or use. This chapter
20 implements the goals, policies and implementation strategies of the Capital Facilities Plan
21 Element of the Yakima Urban Area Comprehensive Plan. •
22 12.08.020 Definitions.
23 A. "Applicant." A person or entity that has submitted a complete application for a
24 development or building permit.
25 B. "Available transportation capacity." Currently unused transportation capacity within
26 a transportation facility.
27 C. "Concurrency." Concurrency means that adequate transportation facilities are
28 available when the impacts of development occur or a financing plan is adopted which will
29 fund required improvements within six years.
30 D. "Development Permit." Any land use or development approval which may be granted
31 by the City of Yakima.
32 E. "Level of service standard." The level of service standards used in transportation
33 capacity tests are'those standards specified in the current adopted or Transportation Element
34 of the Capital Facilities Program
35 F. "Planned capacity." Transportation capacity for a transportation facility that is not yet
36 available, but for which the necessary facility construction, expansion or modification project
37 is included in the current adopted Capital Facilities Plan and scheduled to be completed
38 within six years.
39 G. "Transportation capacity." The volume of transportation activity (motor vehicles/
40 lane /unit time) that can be reasonably and safely accommodated by a transportation facility,
41 as stated in the Transportation Plan, Final Report, dated February 1998 (or as revised,
42 supplemented, or replaced), which is appended to the Capital Facilities Element of the
43 comprehensive plan.
44 H. "Transportation capacity test." The comparison of the transportation capacity
45 required by proposed development and;, the available capacity, including planned capacity.
46 I. "Transportation facility." The classified streets identified in the Capital Facilities
47 Element- of the comprehensive plan.
48 12.08.030 Transportation.capacity test.
49 A. Application: The City's review of all applications for development permits and for
50 building permits for projects not exempted by XX.01.040 shall include a transportation
51 capacity test conducted by the City Traffic Engineer.
52 B. Procedures: The transportation.., capacity test will be performed by the City Traffic
53 Engineer in conjunction with review of proposed development projects and building permit_
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54 applications. The Department of Community and Economic Development shall notify the
55 applicant of the test results.
56 1. If the unused capacity of transportation facilities affected by a project is equal to or
57 greater than the capacity required by the project, the transportation capacity test is passed.
58 2. If the unused capacity of transportation facilities affected by a project is less than the
59 capacity required by the project, the transportation capacity test is not passed. The project
60 may not be approved unless transportation improvements or strategies to provide capacity
61 required by the project are established "concurrently with the project.
62 3. In the event a proposed project does not pass the transportation capacity test, the
63 applicant may:
64 a. Modify the application to reduce the transportation capacity required by the project;
65 b. Demonstrate to the City's satisfaction that the project will require less transportation
66 capacity than would normally be required by similar projects and that, therefore, unused
67 transportation capacity is adequate;
68 c. Propose transportation improvements or strategies to provide the capacity required by
69 the project development.
70 C. Test: Proposed developments that would reduce the level of service below the
71 minimum level of service standard cannot be approved. For transportation facilities, available
72 and planned transportation capacity will be used in conducting the transportation capacity
73 test.
74 D. Fees. A fee of $250 shall be paid for each transportation capacity test, except that this
75 fee shall be waived for one subsequent test within six months of a test for which the fee was
76 paid. it
77 12.08.040 Exemptions.
78 A. No Impact: Development permits for projects which, as determined by the City
79 Traffic Engineer, create no measurable ' , additional impacts on any transportation facility are
80 exempt from the requirements of this chapter. Such development includes, but is not limited
81 to:
82 1. Any addition or accessory structure to a residence with no change in use or increase in
83 the number of dwelling units;
84 2. Interior renovations with no change of use or, if a residential use, no increase in
85 number of dwelling units;
86 3. Interior completion of a structure for use(s) with the same or less intensity as the
87 existing use or a previously approved use;
88 4. Replacement structure with no change in use or increase in number of dwelling units;
89 5. Temporary construction trailers;
90 6. Driveway resurfacing or parking lot paving;
91 7. Re- roofing of structures; 1'
92 8. Demolition;
93 9. Clearing, Filling and Grading permits.
94 B. The Director of Community acid Economic Development shall be responsible for
95 determining if other types of development also meet this "no impact" standard so as to be
96 included under this exemption.
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97 C. Exempt Permits: The following permits are exempt from the requirements of this
98 chapter.
99 1. Boundary line adjustment;
100 2. Final plat;
101 3. Temporary use /stand permit;
102 4. Variance or administrative adjustment; •
103 5. Clearing, filling and grading permits;
104 6. Shoreline substantial development variance;
105 7. Legislative rezones and comprehensive plan amendments.
106 D. Building Permit Applications Filed Before Effective Date of Ordinance: Complete
107 building permit applications submitte before the effective date of this ordinance are exempt
108 from the requirements of this chapter.
109 E. Single - Family Homes: Single - family homes on lots platted before the effective date of •
110 this ordinance are exempt from the requirements of this chapter.
111 F. Accessory Dwelling Units: A1qaccessory dwelling units, as defined in this Code, are
112 exempt from the requirements of this chapter.
113 G. Accounting for Capacity: The transportation capacity for development permits
114 exempted under subsections C, D, and 'E above shall be taken into account.
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115 12.08.050 Administrative reconsideration.
116 The applicant may request administrative reconsideration of the results of the
117 transportation capacity test within fifteen (15) days of the notification of the test results by
118 filing with the Department of Community and Economic Development a formal request for
119 reconsideration specifying the grounds thereof, using forms authorized by the Department of
120 Community and Economic Development. Each such request for administrative
121 reconsideration shall be accompanied by' a fee of $100. Upon filing of such request, the
122 Director of Community and Economic Development shall notify the City Traffic Engineer of
,, 123 such request. The City Traffic Engineer shall reconsider the test results and issue a
124 determination either upholding the original determination or amending it.
125 12.08.060 Appeal to the City Council. •
126 The applicant may appeal the results of the transportation capacity test within fifteen (15)
127 days after the City Traffic Engineer issu' es notice of decision on a request for administrative
128 reconsideration by filing with the Department of Community and Economic Development a
129 formal appeal of the transportation capacity test specifying the grounds thereof, using forms
130 authorized by the Department of Community and Economic Development. Each such appeal
131 to the City Council shall be accompanied by a fee of $150. Upon filing of such appeal, the
132 Department of Community and Economic Development shall notify the City Clerk of such
133 appeal. The City Council shall review the test results and issue a determination either
134 upholding the original determination or amending it.
Section 2. Severability: If any section, ( subsection, paragraph, sentence, clause or phrase of
this ordinance, or any provision of the Yakima Municipal Code established by this ordinance,
is declared invalid or unconstitutional for any reason, such decision shall not affect the validity
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of the remaining portions of this ordinance, or other provisions of the Yakima Municipal
Code established by this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after it passage, approval,
and publication as provided by law and by the City Charter.
PA BY THE CITY COUNCIL at a regular meeting and signed and approved
this 9 day of N61 M , 1998.
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John Puccinelli, Mayor
ATTEST:
City Clerk
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Publication Date:
Effective Date: 1 a--a:7--1? if
C: \word \gma \gma '98 \final '98 ords \transp cap mgmt as ch 12.08.doc
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