Chapter 13.32
CONCURRENCY MANAGEMENT
Sections:
13.32.030 Concurrency test – Application.
13.32.040 Concurrency test – Procedures.
13.32.050 Concurrency test – Criteria.
13.32.060 Concurrency test – Concurrency inquiry application.
13.32.070 Certificate of capacity.
13.32.090 Traffic impact analysis – Applicability.
13.32.100 Traffic impact analysis – Organization and content.
13.32.010 Purpose – Intent.
(1) The purpose of this chapter is to establish a concurrency management system to ensure that concurrency facilities and services needed to maintain minimum level of service standards can be provided simultaneous to, or within a reasonable time after, development occupancy or use as required by the State Growth Management Act, Chapter 36.70A RCW. Concurrency facilities and services are arterial and collector streets, transit, water, sanitary sewer, schools, storm water management, fire flow, fire/EMS/law enforcement, and parks.
(2) The intent of this chapter is to require a concurrency management system test for those development applications within the city of Wenatchee for an increase in the number of building lots, or a significant increase in the intensity of land use. This chapter is not intended to require a concurrency management system test for the construction of a single-family home or duplex, or accessory structures in keeping with residential neighborhoods. This chapter is intended to further the goals and policies of the Wenatchee comprehensive plan. (Ord. 2010-34 § 1; Ord. 2000-27 § 1)
13.32.020 Definitions.
(1) “Adequate” means at or above the level of service standards specified in the current adopted comprehensive plan.
(2) “Applicant” means a person or entity that has applied for a development permit.
(3) “Available capacity” means capacity for a concurrency facility that currently exists for use without requiring facility construction, expansion or modification.
(4) “Certificate of capacity” means a document issued by the department of community development indicating the quantity of capacity for each concurrency facility that has been reserved for a specific development project on a specific property. The document may have conditions and an expiration date associated with it.
(5) “Concurrency facilities” means facilities for which concurrency is required in accordance with the provisions of this chapter, including: arterial streets; transit; water; sanitary sewer; storm water management; fire flow; fire/EMS/law enforcement; and parks.
(6) “Concurrency test” means the comparison of an applicant’s impact on concurrency facilities compared to the capacity of the concurrency facilities, including available and planned capacity.
(7) “Development permit” means a land use or building permit. Development permits are classified as exempt, final or preliminary. Exempt permits are outlined in WCC 13.32.080.
(8) “Development permit, final” means a building permit.
(9) “Development permit, preliminary” means the following land use permits: conditional use permits, preliminary plat, rezone, shoreline substantial development, short plat and binding site plan approval.
(10) “Facility and service provider” means the department, district, or agency responsible for providing the specific concurrency facility. Examples include, but are not limited to: city of Wenatchee, Chelan County public utility district, and the Wenatchee school district.
(11) “Level of service standard” means the level of service standard specified in the current adopted comprehensive plan.
(12) “Planned capacity” means capacity for a concurrency facility that does not exist, but for which the necessary facility construction, expansion or modification project is contained in the current adopted comprehensive plan capital facilities element and scheduled to be completed within six years.
(13) “Planned capacity, transportation facilities” means capacity for transportation facilities, including arterial streets and transit, that does not exist, but for which the necessary facility construction, expansion or modification project is contained in the current adopted comprehensive plan capital facilities element and financial commitment is in place to complete the improvements within six years. (Ord. 2010-34 § 1; Ord. 2000-27 § 2)
13.32.030 Concurrency test – Application.
All preliminary and final development permit applications are subject to a concurrency test except those exempted in WCC 13.32.080. A complete concurrency test application includes:
(1) A preliminary or final development permit application that includes all information required by the Wenatchee zoning code for the respective permit;
(2) Any fees for the preliminary or final development permit application; and
(3) A State Environmental Policy Act checklist, if the permit proposal requires a SEPA analysis, as set forth in Chapter 12.04 WCC, SEPA Guidelines. All complete applications will be processed in the order that they are received. (Ord. 2010-34 § 1; Ord. 2000-27 § 3(a))
13.32.040 Concurrency test – Procedures.
Within 30 days of receipt of a complete application as set forth in WCC 13.32.030, the department of community development, in conjunction with the facility and service providers, will conduct the concurrency test.
(1) The department of community development shall coordinate the concurrency test by:
(a) Notifying the appropriate facility and service providers of all applications requiring a concurrency test as set forth in WCC 13.32.030;
(b) Notifying the facility and service providers of all exempted applications that use capacity as set forth in WCC 13.32.080;
(c) Notifying applicants of the test development permit; and
(d) Notifying the facility and service providers of any expired development permits or discontinued certificates of capacity.
(2) Facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity by:
(a) Conducting the concurrency test to determine the capacity needed for each application;
(b) Accounting for the capacity for each exempted application which uses capacity as set forth in WCC 13.32.080;
(c) Notifying the department of community development of the results of the test; and
(d) Reinstating any unused capacity as set forth in WCC 13.32.070.
(3) Facility and service providers shall be responsible for annually reporting the total, available and planned capacity of their facility as of the end of each calendar year to the city of Wenatchee department of community development. (Ord. 2010-34 § 1; Ord. 2000-27 § 3(b))
13.32.050 Concurrency test – Criteria.
Development applications that would result in a reduction of a level of service below the minimum level of service standard will not be approved. For water, sanitary sewer, fire flow and storm water management only available capacity will be used in conducting the concurrency test. For arterial and collector roads, fire/EMS/law enforcement, schools and parks, available and planned capacity will be used in conducting the concurrency test.
(1) If the capacity of a service facility is equal to or greater than capacity required to maintain the adopted level of service standard, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of WCC 13.32.070.
(2) If the capacity of concurrency facilities is less than the capacity required to maintain the level of service for the impact from the development application, the concurrency test is not passed. The applicant may:
(a) Accept a 90-day reservation of concurrency facilities that exist and proceed to modify the application to reduce the need for concurrency facilities that do not exist;
(b) Accept a 90-day reservation of concurrency facilities that exist and demonstrate to the city’s satisfaction that the proposed development will have a lower need for capacity than usual and, therefore, capacity is adequate;
(c) Accept a 90-day reservation of concurrency facilities that exist and arrange with the appropriate facility and service provider for the provision of the additional capacity of concurrency facilities required; or
(d) Appeal the results of the concurrency test to the hearing examiner in accordance with the provisions of WCC 13.32.110. (Ord. 2010-34 § 1; Ord. 2000-27 § 3(c))
13.32.060 Concurrency test – Concurrency inquiry application.
An applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit. A fee, as set forth in the department of community development fee schedule, may be charged for such concurrency test. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as outlined in WCC 13.32.070. (Ord. 2010-34 § 1; Ord. 2000-27 § 3(d))
13.32.070 Certificate of capacity.
(1) Issuance. A certificate of capacity shall be issued at the same time the development permit is issued and upon payment of any fee and/or performance of any condition required by a facility and service provider.
(2) Applicability. A certificate of capacity shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit.
(3) Transferability. A certificate of capacity is not transferable to other property, but may be transferred to new owner of the original property.
(4) Lifespan of Certificate. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, the extension shall also apply to the certificate of capacity. If the accompanying development permit does not expire, the certificate shall be valid for three years from the issuance of the certificate.
(5) Unused Capacity. Any capacity that is not used because the developer decides not to develop or the accompanying permit expires shall be returned to the pool of available capacity. (Ord. 2010-34 § 1; Ord. 2000-27 § 4)
13.32.080 Exemptions.
(1) No Impact. Development permits for development which create no additional impacts on any concurrency facility are exempt from the requirements of this chapter. Such developments include, but are not limited to:
(a) Any addition of less than 20 percent of existing square footage to an accessory structure, public facility, or commercial or industrial business with no change or increase in use or increase in the number of dwelling units;
(b) Interior or exterior renovations of multifamily structures with no change or increase in the number of dwelling units;
(c) Interior or exterior renovations or modifications of commercial or industrial structures for a use with no expected increase in concurrency facilities as the existing use;
(d) Replacement structure with no change or increase in use or increase in number of dwelling units;
(e) Temporary structures;
(f) Driveway, resurfacing or parking lot paving;
(g) Landscaping, lighting or fencing;
(h) Signs; or
(i) Demolitions.
(2) Exempt Permits. The following development permits are exempt from the requirements of this chapter:
(a) Boundary line adjustment;
(b) Final plat;
(c) Permits for construction of single-family homes, duplexes, residential accessory buildings, and accessory dwelling units; and
(d) Permits for developments that have complete applications submitted before the effective date of this chapter. (Ord. 2010-34 § 1; Ord. 2000-27 § 5)
13.32.090 Traffic impact analysis – Applicability.
A traffic impact analysis shall be submitted with a development permit application when it is determined by the city engineer or public works director that a development proposal meets any of the following criteria:
(1) Generates 75 peak hourly trips or 750 average daily trips;
(2) Affects existing traffic problems in the local area of the project such as an area with a high accident ratio, confusing intersection, or other problems identified by the city engineer; or
(3) Potentially impacts adjacent areas. (Ord. 2010-34 § 1; Ord. 2000-27 § 6(a))
13.32.100 Traffic impact analysis – Organization and content.
A traffic impact analysis shall contain the following information:
(1) Introduction and Summary.
(a) Purpose of report and study objectives;
(b) Executive summary:
(i) Site location and study area,
(ii) Development description,
(iii) Principal findings,
(iv) Conclusions,
(v) Recommendations and proposed mitigation measures;
(c) Proposed development and summary of the development proposal, including:
(i) Land use and intensity,
(ii) Location,
(iii) Site plan,
(iv) Zoning,
(v) Phasing and timing;
(d) Area conditions including:
(i) Study area:
(A) Area of influence,
(B) Area of significant traffic impact,
(ii) Study area and land use:
(A) Existing land uses,
(B) Existing zoning,
(C) Anticipated future development,
(iii) Site accessibility:
(A) Existing and future area roadway system,
(B) Traffic volumes and conditions,
(C) Transit service,
(D) Existing relevant transportation system management programs,
(E) Other issues as determined by the city engineer and public works director;
(e) Projected traffic:
(i) Site traffic for each horizon year:
(A) Trip generation,
(B) Trip distribution,
(C) Modal split,
(D) Trip assignment,
(ii) Through traffic (each horizon year):
(A) Site access,
(B) Nonsite traffic in study area including the method of projections, trip generation, trip distribution, modal split, and trip assignment,
(C) Through traffic,
(D) Estimated volumes,
(iii) Total traffic (each horizon year);
(f) Traffic analysis including the following:
(i) Site access,
(ii) Capacity and adopted level of service,
(iii) Traffic safety,
(iv) Traffic signals,
(v) Site circulation and parking;
(g) Improvement analysis:
(i) Improvements to accommodate base traffic,
(ii) Additional improvements to accommodate site traffic,
(iii) Alternative improvements,
(iv) Status of improvements already funded, programmed, or planned,
(v) Evaluation;
(h) Findings:
(i) Site accessibility,
(ii) Traffic impacts,
(iii) Need for any improvements and financing plan,
(iv) Compliance with applicable codes;
(i) Recommendations and proposed mitigation:
(i) Site access/circulation plan,
(ii) Roadway improvements including on-site, off-site and a phasing plan when appropriate,
(iii) Transportation system management actions including off-site, on-site and operational;
(j) Conclusions. (Ord. 2010-34 § 1; Ord. 2000-27 § 6(b))
13.32.110 Appeals.
(1) Basis of Appeals. The applicant may appeal the results of the concurrency test based on two grounds:
(a) A technical error;
(b) The rejection of an alternative data or a mitigation plan by the facility or service provider.
(2) Procedures. The appeal procedures shall follow those identified in Chapter 13.11 WCC, Appeals.
(3) Record. At least seven days prior to the scheduled hearing date, the appropriate facility and service provider shall transmit to the city all papers, calculations, plans and other materials constituting the record of the concurrency test. Within this same seven-day time period the city shall transmit the appellant’s notice of appeal and supporting data to the hearing examiner. The hearing examiner shall consider the appeal upon the record transmitted, supplemented by any additional evidence which the appellant, the facility and service provider, and the city submit.
(4) Burden of Proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the city and/or the facility and service provider was in error. (Ord. 2010-34 § 1; Ord. 2000-27 § 7)