022-15 - Ordinance - Relating to Comp Planning Under the Growth Management ActIntroduced by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. 022-15
Development Director
Development Director
City Attorney
November 10, 2015
November 10, 2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
RELATING TO COMPREHENSIVE PLANNING UNDER THE GROWTH
MANAGEMENT ACT, ADOPTING CONCURRENCY REGULATIONS FOR THE
REVIEW OF LEGISLATIVE AND QUASI-JUDICIAL APPLICATIONS, AS MANDATED
BY THE GMA (RCW 36.70A.070(6)(b) FOR TRANSPORTATION FACILITIES AND AS
RECOMMENDED BY THE GMA FOR WATER AND SEWER FACILITIES, DESCRIBING
EXEMPTIONS FROM CONCURRENCY, REQUIRING EVALUATIONS OF CAPACITY,
DESCRIBING THE ELEMENTS OF A CAPACITY EVALUATION APPLICATION,
EXPLAINING THE METHOD FOR DETERMINING AND RESERVING CAPACITY,
SETTING FORTH THE PROCEDURE FOR ISSUANCE OF CAPACITY RESERVATION
CERTIFICATES, DESCRIBING THE PROCEDURES FOR DENIALS, EXPIRATION AND
EXTENSIONS OF CAPACITY RESERVATION CERTIFICATES, ALLOWING FOR
APPEALS OF DECISIONS, DESCRIBING THE ADMINISTRATIVE PROCESS FOR
CONCURRENCY REPORTING AND MONITORING AND PROVIDING A
STANDARIZED FORMAT FOR TRAFFIC IMPACT ANALYSES, REPEALING CHAPTER
16.60 AND ADOPTING A NEW CHAPTER 16.71 TO THE PORT ORCHARD
MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Growth Management Act ("GMA," chapter 36.70A RCW) requires that cities
planning under GMA "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 (RCW 36.70A.070(6)(b));" and
WHEREAS, the City has adopted concurrency regulations in chapter 16.60 ofthe Port Orchard
Municipal Code which need to be updated; and
WHEREAS, the SEPA Responsible Official has determined that this Ordinance is categorically
exempt from SEPA as affecting only procedural and no substantive standards, pursuant to WAC 197-11-
800{19); and
WHEREAS, the City Council held a public hearing on November 10, 2015; and
WHEREAS, on November 10, 2015, the City Council considered this Ordinance during a regular
Council meeting; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, ORDAINS AS FOLLOWS:
Ordinance No. 022-15
Page 2 of 27
Section 1. Chapter 16.60 of the Port Orchard Municipal Code is hereby repealed.
Section 2. A new Chapter 16.71 is hereby added to the Port Orchard Municipal Code, which
shall read as follows:
Sections:
16.71.001
16.71.002
16.71.003
16.71.004
16.71.005
16.71.006
16.71.007
16.71.008
16.71.009
16.71.010
16.71.011
16.71.012
16.71.013
16.71.014
16.71.015
16.71.016
16.71.017
16.71.018
16.71.019
16.71.020
16.71.021
16.71.022
16.71.023
16.71.024
Purpose.
Authority.
CHAPTER 16.71
CONCURRENCY MANAGEMENT
Exempt development.
Capacity evaluation required for a change of use.
Capacity evaluations required for certain rezones or comprehensive plan amendments.
All capacity determinations exempt from project permit processing.
Level of Service standards.
Effect of LOS standards.
Capacity evaluations required prior to issuance of CRC.
Application for capacity evaluation.
Submission and acceptance of a CRC application.
Method of capacity evaluation.
Purpose of capacity reservation certificate.
Procedure for capacity reservation certificates.
Use of reserved capacity.
Transfer of reserved capacity.
Denial letter.
Notice of concurrency determination.
Expiration of CRC and extensions of time.
Appeals.
Concurrency administration and procedure.
Annual reporting and monitoring.
Road LOS monitoring and modeling.
Traffic impact analysis standardized format.
16.71.001 Purpose. The purpose of this Chapter is to implement the concurrency provisions of the
transportation and utilities elements ofthe City's comprehensive plan and the water and sewer
comprehensive plans, all in accordance with RCW 36.70A.070(6)(b). All applications that are not
exempt under Section 16.71.003 shall be processed under and shall comply with this Chapter, which
shall be cite.d as the City's "Concurrency Ordinance."
16.71.002 Authority. The Director of Public Works or his/her designee, shall be responsible for
implementing and enforcing this Concurrency Ordinance.
16.71.003 Exempt development.
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A. No development activity (as defined in Section 16.69.010 (X) POMC) shall be exempt
from the requirements of this Chapter, unless the permit is listed below. The following types of permits
are not subject to the capacity reservation certificate (CRC) process because they do not create
additional long-term impacts on transportation facilities, additional sewer capacity in the City's waste
water treatment plant, or a need for more potable water from the City's water system:
1. Administrative interpretations;
2. Sign permit;
3. Street vacations;
4. Demolition permit;
5. Street use permit;
6. Interior alterations of a structure with no change in use;
7. Excavation/clearing permit;
8. Hydrant use permit;
9. Right-of-way permit;
10. Single-family remodeling with no change of use;
11. Plumbing permit;
12. Electrical permit;
13. Mechanical permit;
14. Excavation permit;
15. ·Sewer connection permit;
16. Driveway or street access permit;
17. Grading permit;
18. Tenant improvement permit;
19. Fire code permit;
20. Design review
Notwithstanding the above, if any of the above permit applications will generate any new p.m. peak
hour trips, require additional sewer capacity, or increase water consumption, such application shall not
be exempt from the requirements of this Chapter.
B. Transportation. This Chapter shall apply to all applications for development or
redevelopment if the proposal or use will generate any new p.m. peak-hour trips. Every application for
development shall be accompanied by a capacity reservation certificate application. Developments or
redevelopments that will generate one or more new projected vehicle trips that will pass through an
intersection or roadway section identified with a level of service below the acceptable level noted in the
transportation element in the City's comprehensive plan, or that will generate 15 or more new p.m.
peak hour trips, shall also be required to submit information for a traffic report pursuant to Section
16.71.010{B)(2).
C. Water. This Chapter shall apply to all applications for development or redevelopment if
the proposal or use requires water from the City's water system (not West Sound Utilities). In addition,
this Chapter shall apply to existing developments to the extent that the property owner requires water
for a use not disclosed on a previously submitted water service application or a previously submitted
application for a capacity reservation certificate.
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D. Sewer. This Chapter shall apply to all applications for development or redevelopment if
the proposal or use requires sewer from the City's sewer system (not West Sound Utilities). In addition,
this Chapter shall apply to existing developments to the extent that the property owner requires sewer
for a use not disclosed on a previously approved request for sewer service or a previously approved
application for a capacity reservation certificate.
16.71.004 Capacity evaluation required for a change in use. Any non-exempt development
activity shall require a capacity evaluation in accordance with this Chapter.
A. Increased Impact on Road Facilities. and/or the City's Water/Sewer System. If a change
in use will have a greater impact on road facilities and/or the City's water/sewer system than the
previous use, as determined by the Director, based on review of information submitted by the applicant
and such supplemental information as available, a CRC shall be required for the net increase only.
Provided that: the applicant shall provide reasonably sufficient evidence that the previous use has been
actively maintained on the site during the five-year period prior to the date of application for the
capacity evaluation.
B. Decreased Impact on Road Facilities and/or the City's Water/Sewer System. If a change
in use will have an equal or lesser impact on road facilities and/or the City's water/sewer system than
the previous use as determined by the Director, based on review of information submitted by the
applicant and supplemental information as available, a CRC will not be required.
C. No Capacity Credit. If no use existed on the site for the five-year period prior to the
date of application, no capacity credit shall be issued pursuant to this Section.
D. Demolition or Termination of Use. In the case of a demolition or termination of an
existing use or structure, the capacity evaluation for future redevelopment shall be based upon the net
increase of the impact on road facilities or the City's water or sewer system for the new or proposed
land use, as compared to the land use existing prior to demolition. Provided that: such credit is utilized
through a CRC within five years of the date of the issuance of the demolition permit.
16. 71.005. Capacity evaluations required for certain rezones and comprehensive plan
amendments. A capacity evaluation shall be required as part of any application for a comprehensive
plan amendment or zoning map amendment (rezone) submitted by a property owner which, if
approved, would increase the intensity or density of permitted development. As part of that capacity
evaluation, the Director shall determine whether capacity is available to serve both the extent and
density of development which would result from the zoning/comprehensive plan amendment. The
capacity evaluation shall be submitted as part of the staff report and shall be considered by the City in
determining the appropriateness ofthe comprehensive plan or zoning amendment. The City's approval
of any the comprehensive plan or zoning map amendment shall not reserve any capacity in water, sewer
or transportation facilities unless the property owner has applied for and is issued a CRC and a
development agreement which includes a deadline for the property owner's submission of development
permit application for the proposed development.
16.71.006 All capacity determinations and capacity reservation certificate applications exempt
from project permit processing. As allowed by RCW 36.708.140, the processing of applications
pursuant to the authority in this Chapter shall be exempt from project permit processing procedures as
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described in Title 23 of the Port Orchard Municipal Code, unless otherwise specifically noted in this
chapter 16.71 POMC. The City's processing of capacity reservation certificates and resolving capacity
disputes involves a different review procedure due to the necessity to perform continual monitoring of
facility and service needs, to ensure continual funding of facility improvements, and to develop annual
updates to the transportation and utilities elements of the comprehensive plan.
16.71.007 Level of Service Standards.
A. Generally. Level of Service (LOS) is the established minimum capacity of public facilities
or services that must be provided per unit of demand or other appropriate measure of need, as
mandated by chapter 36.70A RCW. LOS standards shall be used to determine if public facilities or
services are adequate to support a development's impact. The concept of concurrency is based on the
maintenance of specified levels of service through capacity monitoring, allocation and reservation
procedures. Concurrency describes the situation in which water, sewer and/or road facilities are
available when the impacts of development occur. For road facilities, this time period is statutorily
established as within six years from the time of development. (See, RCW 36.70A.070(6)(b) and WAC
365-195-210(3), (7), (19).)1
1. Roads. The City has designated levels of service for road facilities in the
transportation element of the City's comprehensive plan:
a. to conform to RCW 47.80.030 for transportation facilities subject to
regional transportation plans;
b. to reflect realistic expectations consistent with the achievement of
growth aims;
c. to prohibit development if concurrency for road facilities is not achieved
(RCW 36.70A.070), and if sufficient public and/or private funding cannot be found, land use assumptions
in the City's comprehensive plan will be reassessed to ensure that level of service standards will be met,
or level of service standards will be adjusted.
2. Water. The City has a permitted withdrawal volume of water issued by the
Department of Ecology. "Level of Service" as it relates to water is defined in the water element of the
City's comprehensive plan as the ability to provide potable water to the consumer for use and fire
protection. The ability to provide water supply is limited by the water permit from the Department of
Ecology.
3. Sewer. The City is required to obtain a permit from the Department of Ecology
in order to discharge effluent into the waters of the State. This permit is limited by levels and volume.
"Level of Service" as it relates to sewer is defined in the City's sewer comprehensive plan as the ability to
provide sanitary sewer services to the consumer for use, treatment at the City's wastewater treatment
plant and discharge into Puget Sound. The City's ability to provide such service is limited by the physical
1 Please note that RCW 36.70A.070(6)(b) was amended, and the following is effective 9/1/16: "If the collection of
impact fees is delayed under RCW 82.02.050(3), the six year period required by this subsection (6)(b) must begin
after full payment of all impact fees is due the county or city."
Ordinance No. 022-15
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capacity of the City's wastewater treatment plant as well as the NPDES permit issued by the Department
of Ecology.
16.71.008 Effect of LOS standards.
A. Roads. The Director shall use the LOS standards set forth in the transportation element
of the City's comprehensive plan to make concurrency evaluations as part of the review of any
application for a transportation concurrency reservation certificate (CRC) issued pursuant to this
chapter.
B. Water. The Director shall use the existing water rights as permitted by the Department
of Ecology and as identified in the utilities element ofthe City's comprehensive plan to make
concurrency evaluations as part of the review of any application for a water CRC issued pursuant to this
chapter.
C. Sewer. The Director shall use the limits and levels established in the City's NPDES
permit from the Department of Ecology, and evaluate the remaining capacity in the City's wastewater
treatment plan as part of the review of any application for a sewer CRC issued pursuant to this chapter.
16.71.009 Capacity evaluations required prior to issuance of CRC.
A. A capacity evaluation for transportation, water or sewer shall be required for any of the
activities that are not exempt under Section 16.71.003(A).
B. The Director shall utilize the method described in Section 16.71.012 and this Chapter to
conduct a capacity evaluation prior to issuance of a CRC. In addition to these requirements, the Director
may also utilize state law or the Washington Administrative Code, or such other rules regarding
concurrency. In cases where LOS standards do not apply, the Director shall have the authority to utilize
other factors in preparing capacity evaluations to include, but not be limited to, independent LOS
analysis.
C. A capacity reservation certificate (CRC) will not be issued except after a capacity
evaluation performed pursuant to this Chapter, indicating that capacity is available in all applicable road
facilities and/or within the City's water or sewer system.
16.71.010 Application for capacity reservation certificate.
A. An application for a CRC and the application for the underlying development permit, or
other activity, shall be accompanied by the requisite fee, as determined by City Council resolution. An
applicant for the CRC shall also submit the following information to the Director, on a form provided by
the Director, together with the underlying development application:
1. Date of submittal;
2. Developer's name, address, telephone number and e-mail;
3. Legal description of property as required by the underlying development permit
application, together with an exhibit showing a map of the property;
4. Proposed use(s) by land use category, square feet and number of units;
applicable;
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5. Phasing information by proposed uses, square feet and number of units, if
6. Existing use of property;
7. Acreage of property;
8. Proposed site design information, if applicable;
9. The applicant's proposed mitigation (if any) for the impact on the City's
transportation facilities;
10. Written consent of the property owner, if different from the developer;
11. Proposed request for capacity by legal description, if applicable;
12. For water capacity reservation certificates only: Water hydraulic report
prepared by a licensed professional engineer, which shall include the purpose for which water is
required;
13. For sewer capacity only: Sewer hydraulic report prepared by a licensed
professional engineer, which shall include the purpose for which the sewer capacity is required.
14. Stormwater drainage report prepared by a licensed professional engineer.
B. Additional information for transportation capacity evaluations only:
1. A preliminary site plan, which is a plan showing the approximate layout of
proposed structures and other development, type and number of dwelling units, type and
number of nonresidential building areas with gross square footage, the land use codes per the
most recent edition ofT rip Generation from the Institute of Transportation Engineers (ITE) and
an analysis of the points of access to existing and proposed roadways;
2. The applicant is not required to submit a traffic impact analysis from an
independent traffic engineer. Instead, those applicants with a transportation CRC application
that are required to have the City provide a traffic report in accordance with 16.71.003(B)(1)
shall instead pay to the City a deposit equal to the estimated fee for the City's preparation of a
traffic report. The amount of the fee shall be determined by City resolution and paid at the time
the transportation CRC application is submitted. The fee shall be vary based on the number of
new p.m. peak-hour trips produced by the development. The applicant shall be subject to
repayment of fees for any subsequent revisions to the original traffic report. Fees for revisions
may be calculated in proportion to the original fee depending on the effort involved to revise
the traffic report. Even if the traffic report is based on an estimate of the impact, the applicant
will still be bound by the estimate of the impact, and any upward deviation from the estimated
traffic impact shall require at least one ofthe following: (a) a finding that the additional
concurrency sought by the developer through a revised application is available to be reserved by
the project; (b) mitigation of the additional impact under SEPA; (c) revocation ofthe CRC.
16.71.011 Submission and acceptance of a CRC application.
A. Notice of application. Issuance of a notice of application for the underlying
permit application shall be handled by the Community Development Director or designee,
following the process in POMC Title 23. The notice of application shall state that an application
for a concurrency determination has been received by the City.
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B. Determination of Completeness. The Community Development Director shall
immediately forward all CRC applications received with development applications to the public
works/engineering staff. Within twenty-eight (28) days after receiving an application for a CRC,
the public works/engineering staff shall mail or personally deliver to the applicant a
determination which states either:
1. That the concurrency application is complete; or
2. That the concurrency application is incomplete and what is necessary to
make the application complete.
C. Additional information. An application for a CRC is complete for purposes of
initial processing when it meets the submission requirements in Section 16.71.010. The
determination of completeness shall be made when the application is sufficiently complete for
review, even though additional information may be required or project modifications may be
undertaken subsequently. The Director's determination of completeness shall not preclude the
Director's ability to request additional information or studies.
D. Incomplete applications.
1. Whenever the City issues a determination that the CRC application is
not complete, the CRC application shall be handled in the same manner as an incomplete
project permit application under POMC chapter 23.20.040.
2. Date of Acceptance of Application. An application for a CRC shall not be
officially accepted or processed until it is complete and the underlying development application
has been determined complete. When an application is determined complete, the Director shall
accept it and note the date of acceptance.
16.71.012 Method of capacity evaluation.
A. Generally. In order to determine concurrency for the purposes of issuance of a
transportation, water or sewer CRC, the Director shall make the determination described in
Subsections B, C and D ofthis Section. The Director may deem the development concurrent
with transportation facilities or the City's water or sewer system, with the condition that the
necessary facilities or services shall be available through a financial commitment in an ,
enforceable development agreement (see, chapter 16.90 ofthis Code). In no event shall the
Director determine concurrency for a greater amount of capacity than is needed for the
development proposed in the underlying application.
B. Transportation.
1. Upon submission and acceptance of a complete transportation CRC
application, the Director shall conduct a traffic impact analysis and issue a traffic report for
those applications meeting the requirements of Section 16.71.003(B)(1).
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2. In performing the concurrency evaluation for transportation facilities,
and to prepare the transportation CRC, the Director shall determine, based on the conclusions
of the traffic report, whether a proposed development can be accommodated within the
existing or planned capacity of transportation facilities. This shall involve the following:
a. A determination of anticipated total capacity at the time the
proposed impacts of development occur or within six years of such time;
b. Calculation of how much of that capacity will be used by
existing developments and other planned developments at the time the impacts of the
proposed development occur;
c. Calculation of the available capacity for the proposed
development;
d. Calculation of the impact on the capacity of the proposed
development, minus the effects of any mitigation identified by the applicant to be provided by
the applicant at the applicant's cost;
e. Comparison of available capacity with proposed development
impacts.
3. The Director shall determine if the capacity oft he City's transportation
facilities, less the capacity which is reserved, can be provided while meeting the level of service
performance standards set forth in the City's comprehensive plan, and if so, shall provide the
applicant with a transportation CRC. The Director's determination will be based on the
application materials provided by the applicant, which must include the applicant's proposed
mitigation for the impact on the City's transportation facilities.
C. Water.
1. In performing the capacity evaluation for water, and to prepare the
water CRC, the Director shall determine whether a proposed development can be
accommodated within the existing or planned capacity of the City's water system. This shall
involve the following:
a. A determination of anticipated total capacity at the time the
proposed impacts of development occur;
b. Calculation of how much of that capacity will be used by
existing developments and other planned developments at the time the impacts of the
proposed development occur;
c. Calculation of the available capacity for the proposed
development;
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d. Calculation of the impact on the capacity of the proposed
development, minus the effects of any mitigation provided by the applicant; and
e. Comparison of available capacity with proposed development
impacts.
2. The Director shall determine if the capacity of the City's water facility,
less the capacity which is reserved, can be provided while remaining within the City's permitted
water rights for withdrawal volume, and if so, shall provide the applicant with a water CRC.
D. Sewer.
1. In performing the capacity evaluation for sewer, and to prepare the
sewer CRC determination, the Director shall determine whether a proposed development can
be accommodated within the existing or planned capacity ofthe City's sewer system. This shall
involve the following:
a. A determination of the anticipated total capacity at the time the
proposed impacts of development occur;
b. Calculation of how much of that capacity will be used by
existing developments and other planned developments at the time the impacts ofthe
proposed development occur;
c. Calculation of the available capacity for the proposed
development;
d. Calculation of the impact on the available capacity for the
proposed development, minus the effects of any mitigation provided by the applicant; and
e. Comparison of available capacity with proposed development
impacts.
2. The Director shall determine if the capacity in the City's wastewater
treatment plant, less the capacity which is reserved, can be provided while remaining within the
City's NPDES permit for discharge volumes and levels, and if so, shall provide the applicant with
a sewer CRC.
E. Lack of Concurrency.
1. Transportation. If the Director determines that the proposed
development will cause the LOS of a City-owned transportation facility to decline below the
standards adopted in the transportation element of the City's comprehensive plan, and
improvements or strategies to accommodate the impacts of development are not planned to be
made concurrent with development, a transportation CRC and the underlying development
permit, if such an application has been made, shall be denied. Upon denial, the applicant may
perform one of the following:
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a. Appeal the denial in accordance with Section 16.71.020; or
b. Offer alternative data and/or perform an independent traffic
impact analysis at the applicant's sole expense in support of alternative conclusions. Any study
shall be in accordance with Section 16.71.024; or
c. Modify the development proposal to lessen the traffic impacts
and/or identify voluntary transportation improvements as mitigation to be provided by the
applicant at the applicant's cost and re-apply for capacity reservation certificate. Re-application
shall require repayment of the traffic report preparation fee in accordance with Section
16.71.010(8)(2); or
d. Withdraw the CRC application.
2. Water and Sewer. If the Director determines that there is no capacity
available in the City's water system to provide water and/or capacity in the City's wastewater
treatment plant for a proposed project, and improvements or strategies to accommodate the
impacts of development are not planned to be made concurrent with development, the Director
shall deny the water and/or sewer CRC. The City has the discretion to deny the underlying
development application for lack of potable water, depending on the applicant's ability to
provide water for the proposed project from another source.
16.71.013 Purpose of Capacity Reservation Certificate.
A. A transportation CRC is a determination by the Director that: (1) the proposed
development identified in the CRC application does not cause the level of service on a City-
owned transportation facility to decline below the standards adopted in the transportation
element of the City's comprehensive plan; or (2) that a financial commitment (embodied in a
development agreement) is in place to complete the necessary improvements or strategies
within six (6) years. Upon issuance of a transportation CRC, the Director will reserve
transportation facility capacity for this application until the expiration of the underlying
development permit or as otherwise provided in Section 16.71.019. Although the CRC may
identify the number of projected trips associated with the proposed development, nothing in
this Chapter (including the trip transfer procedures) shall imply that the applicant "owns" or has
any ownership interest in the projected trips.
B. A water CRC is a determination by the Director that: (1) the proposed
development identified in the CRC application does not exceed the City's existing water rights or
the limits of any state-issued permit, or (2) that a financial commitment (embodied in a
development agreement) is in place to complete the necessary improvements or strategies prior
to the submittal of complete building permit applications. Upon issuance of a water CRC, the
Director will reserve water capacity for the application until the expiration of the underlying
development permit or as otherwise provided in Section 16.71.019.
C. A sewer CRC is a determination by the Director that: (1) the proposed
development identified in the CRC application does not exceed the City's existing NPDES permit
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limits or the existing capacity in the City's wastewater treatment plant, or (2) that a financial
commitment (embodied in a development agreement) is in place to complete the necessary
improvements or strategies prior to the submittal of complete building permit applications.
Upon issuance of a sewer CRC, the Director will reserve sewer capacity for the application until
the expiration of the underlying development permit.
D. The factors affecting available water or sewer capacity or availability may, in
some instances, lie outside the City's control. The City's adoption ofthis Chapter relating to the
manner i,n which the City will make its best attempt to allocate water or sewer capacity or
availability does not create a duty in the City to provide water or sewer service to the public or
any individual, regardless of whether a water or sewer CRC has issued. Every water availability
certificate and water and sewer CRC shall state on its face that it is not a guarantee that water
and/or sewer will be avail~ble to serve the proposed project.
16.71.014 Procedure for capacity reservation certificates. After receipt of a complete
application for a CRC, the Director shall process the application in accordance with this Chapter
and issue the CRC or a denial letter.
16.71.015 Use of reserved capacity. When a CRC and a development permit issues for a
project, the CRC shall continue to reserve the capacity unless the development permit lapses or
expires without issuance of a certificate of occupancy.
16.71.016 Transfer of reserved capacity. Reserved capacity shall not be sold or
transferred to property not included in the legal description provided by the applicant in the
CRC application. The applicant may, as part of a development permit application, designate the
amount of capacity to be allocated to portions of the property, such as lots, blocks, parcels or
tracts included in the application. Capacity may be reassigned or allocated within the
boundaries of the original reservation certificate by application to the director. At no time may
capacity or any certificate be sold or transferred to another party or entity to real property not
described in the original application.
16.71.017 Denial letter. If the Director determines that there is a lack of capacity under
the above provisions, the Director shall issue a denial letter, which shall advise the applicant
that capacity is not available. If the applicant is not the property owner, the denial letter shall
also be sent to the property owner. At a minimum, the denial letter shall identify the
application and include the following information:
A. For roads:
1. An estimate of the level of the deficiency on the transportation
facilities; and
2. The City may also include options available to the applicant such as the
applicant's agreement to construct the necessary facilities at the applicant's cost.
B. For water:
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1. The options available to the applicant, such as private water supplies or
other water purveyor services; and
2. The City may also include options available to the applicant such as the
applicant's agreement to construct the necessary facilities at the applicant's cost.
C. For sewer. The City may include the options available to the applicant such as a
temporary septic system (if allowed by law) which the applicant would agree in a development
agreement to install and remove at his/her own cost when sewer capacity became available.
D. For all. A statement that the denial letter may be appealed pursuant to the
procedures in Section 16.71.020.
16.71.018 Notice of capacity reservation certificate or capacity evaluation.
Notice of the capacity reservation certificate or capacity evaluation shall be given to the public
together with, and in the same manner as, that provided for the SEPA threshold determination
for the underlying development permit application or legislative action, unless the project is
exempt from SEPA, in which case notice shall be given in the same manner as a final decision on
the underlying development permit without any accompanying threshold determination. In the
case of an approved CRC, any mitigation identified by the applicant to be provided by the
applicant at the applicant's cost shall be included in the SEPA threshold determination or
underlying permit decision (if categorically exempt from SEPA).
16.71.019 Expiration of CRC and extensions of time.
A. Expiration. If a certificate of occupancy has not been requested prior to the
expiration ofthe underlying permit or termination of the associated development agreement,
the Director shall convert the reserved capacity to available capacity for the use of other
developments. The act of requesting a certificate of occupancy before expiration of the CRC
shall only convert the reserved capacity to used capacity if the building inspector finds that the
project actually conforms with applicable codes.
B. Extensions for Road Facilities. The City shall assume that the developer requests
an extension of transportation capacity reservation when the developer is requesting a renewal
of the underlying development permit. No unused capacity may be carried forward beyond the
expiration of the transportation CRC or any subsequent extension.
C. Extensions for Water or Sewer. The City shall not extend any water or sewer
CRC. If the developer submits an application for an extension of the underlying permit, the
applicant shall submit a new application for a concurrency determination for water or sewer
under this Chapter.
D. If a CRC has been granted for a rezone or comprehensive plan amendment
under Section 16.71.005, the CRC shall expire when the development agreement for the
comprehensive plan or rezone terminates.
16.71.020 Appeals.
Ordinance No. 022-15
Page 14 of 27
A. A denial letter may be appealed if the appeal is submitted to the Public Works
Director within ten (10) business days after issuance of the denial letter. The appeal must
conform to the requirements in Section 23.60.040. The denial letter must also be filed prior to
issuance of the City's decision on the underlying development application. If an appeal is filed,
processing of the underlying development application shall be stayed until the City's final
decision on the appeal of the denial letter.
B. Upon receipt of an appeal of the denial letter, the Director shall handle the
appeal as follows:
1. A meeting shall be scheduled with the applicant to review the denial
letter and the application materials, together with the appeal statement.
2. Within fourteen (14) days after the meeting, the Director shall issue a
written decision, which will list all of the materials he or she considered in making the decision.
The Director's decision shall either affirm, modify or reverse the denial letter. If the denial letter
is reversed, the Director shall identify the mitigation that the applicant proposes to provide at
the applicant's cost, which will be imposed on the application approval in order to achieve
concurrency.
3. The mitigation identified in the Director's decision shall be incorporated
into the City's SEPA threshold decision on the application.
4. The Director's decision shall state that it may be appealed with any
appeal of the underlying application or activity.
16.71.021 Concurrency administration and procedure.
A. "Capacity" refers to the ability or availability of water in the City's water system.
"Capacity'' refers to the ability to treat effluent in the City's wastewater treatment plant to the
levels and volume limits in the City's NPDES permit. "Capacity" also refers to the ability or
availability of road facilities to accommodate users, expressed in an approximate unit of
measure, such as LOS for road facilities. "Available capacity" represents a specific amount of
capacity that may be reserved by or committed to future users of the City's water or sewer
system or road facilities.
B. There are two capacity accounts to be utilized by the Director in the
implementation of this Chapter for water, sewer and transportation. These accounts are:
1. The available capacity account; and
2. The reserved capacity account.
Capacity is withdrawn from the available capacity account and deposited into a reserved
capacity account when a CRC is issued. Once the proposed development is constructed and an
occupancy certificate is issued, the capacity is considered "used." Each capacity account of
Ordinance No. 022-15
Page 15 of 27
available or reserved capacity will experience withdrawals on a regular basis. Only the Director
may transfer capacity between accounts.
16.71.022 Annual reporting and monitoring.
A. The Director is responsible for completion of annual transportation, water and
sewer capacity availability reports. These reports shall evaluate reserved capacity and
permitted development activity for the previous 12-month period, and determine existing
conditions with regard to available capacity for road, sewer and water facilities. The evaluations
shall report on capacity used for the previous period and capacity available for the six-year
capital facilities and utilities element ofthe City's comprehensive plan, six-year transportation
plan for road facilities, based on LOS standards, and the sewer and water comprehensive plans.
Forecasts shall be based on the most recently updated schedule of capital improvements,
growth projections, water rights, annual water withdrawal volumes, limits of the NPDES permit,
public road facility inventories, and revenue projections, and shall, at a minimum, include:
1. A summary of development activity;
2. The status of each capacity account;
3. The six-year transportation plan;
4. Actual capacity of selected street segments and intersections and current LOS;
5. Recommendations on amendments to CIP and TIP and annual budget, to LOS
standards, or other amendments to the transportation element of or to the comprehensive
plan;
6. Existing water rights and annual withdrawal volumes; and
7. Limits in the City's NPDES permit and finding of available capacity in the City's
wastewater treatment plant.
B. The findings of the annual capacity availability report shall be considered by the
Council in preparing the annual update to the capital improvement element, any proposed
amendments to the CIP and six-year TIP, and shall be used in the review of development permits
and capacity evaluations during the next period.
C. Based upon the analysis included in the annual capacity availability reports, the
Director shall recommend to the City Council each year any necessary amendments to the CIP,
TIP, utilities and/or water element of the comprehensive plan, and comprehensive plan. The
Director shall also report on the status of all capacity accounts when public hearings for
comprehensive plan amendments are heard.
16.71.023 Road LOS monitoring and modeling.
A. The City shall monitor level of service standards through an annual update of
the six-year transportation plan which will add data reflecting development permits issued and
trip allocations reserved.
B. A new trip allocation shall be assigned for each traffic analysis zone, based on
the results from the traffic demand model used by the City, to ensure that the City is achieving
Ordinance No . 022-15
Page 16 of 27
the adopted LOS standards described in this Chapter and the transportation element of the
comprehensive plan.
C. Amendments to the trip allocation program that exceed the total aggregate
annual trip allocation per zone for any given year shall require an amendment to the
comprehensive plan. Monitoring and modeling shall be required and must include anticipated
capital improvements, growth projections, and all reserved and available capacity.
16.7'1.024 Traffic Impact Analysis scope and standardized format. Attached to Ordinance
No . 022-15 and incorporated herein by this reference are instructions for scoping a traffic
impact analysis and standardized format required for the developer's independent traffic impact
analysis . The impact analysis may be completed at the time of submittal of the original
application or upon denial of a transportation CRC application .
Section 2. Publication. This Ordinance shall be published by an approved summary consisting of
the title .
Section 3. Severability . If any section, sentence, clause or phrase ofthis Ordinance should be
held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Ordinance .
Section 4. Effective Date. This Ordinance shall become effective on January 1, 2016 after
publication as provided by law.
PASSED by the City Council of the City of Port Orchard, approved by the Mayor and attested by
the City Clerk in authentication of such passage this lOth day of November, 2015 .
Timothy C. M thes, Mayor
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY :
Carol A. M
Attachment to Ordinance No. 022-15
Appendix A
Scope of Transportation Impact Analysis
It is recommended that the applicant's traffic engineer consult with the City DCD and PWD staff prior to preparing
the study to establish the scope and basic assumptions of the study and any requested deviations from these
Guidelines to avoid unnecessary delays or revisions. The appropriate level of traffic analysis is determined by the
specifics of a project, the prevailing roadway conditions servicing the project, and the forecasted traffic volumes.
The City will review each development application on a case-by-case basis and may make recommendations that
differ from the guidelines. A preliminary seeping memorandum, including but not limited to, the following project-
related information must be submitted to the City for review and comment: ·
D Description of the proposed development and zoning
D Type and size of development (number of residential units and/or square footage of building)
D Project location (vicinity map and site plan)
D Proposed access and relationship to adjacent properties/driveways and streets
D Phasing and timing of development-If the proposed development/redevelopment is to be constructed
in phases, describe each phase and the proposed implementation timing
D Trips generation per the latest edition ofthe Institute of Transportation Engineers (ITE) Trip Generation
manual and Trip Generation handbook, and assumptions used for trip generation
D Project trip distribution percentages and assignment at project driveways and/or localized
nonconcurrency intersections
The City will review the seeping memo to determine whether or not further analyses are needed. If a TIA is
required, the following items will be provided to the applicant:
D Available traffic count data
D Accident data
D Existing Synchro files
D Programmed/funded motorized and non-motorized improvements in the study area
D Pipeline projects and area wide growth assumptions (background traffic calculation methods)
D Need for special analyses/studies
A TIA scoping meeting may need to be held after review of the preliminary information to clarify issues
surrounding a project or some elements of the review process. The City reserves the right to establish the study
area as may be deemed necessary. Correspondence with other affected jurisdictions impacted by the
development shall be discussed at the scoping meeting.
Appendix B
Transportation Impact Analysis
Format and Required Elements
Attachment to Ordinance No. 022-15
The TIA should document the purpose, procedures, data sources, assumptions, findings, conclusions and
recommendations ofthe study. The report might be of interest to decision makers and other nontechnical
people. Hence, technical terms and jargon need to be explained, clarity should not be sacrificed, and it should be
concise and complete. Description of coordination efforts with other affected jurisdictions impacted by the
development shall be included in the report. The report format presented below provides a uniform framework
that will facilitate both the preparation and the review ofthe report. However, not all of the contents
described below may be required for each development. Rather the City will identify the
sections required for each development TIA at the scoping meeting based on the Thresholds for
Probable Adverse Significant Impacts described on pages 2 through 4.
Report Cover
Include development name and location, applicant's name, preparer's name and organization, and report date .
Title Page
Include project name and address, application number, applicant's name, address and telephone number, date
of original report and revision date, preparer's name, title, organization, address and telephone number, name,
address, phone number and/or email address of licensed engineer, stamp and expiration date.
Table of Contents, List of Figures, Tab les and Appendices
The report should contain a table of contents and a list of figures, tables and appendices.
Executive Summary
The Executive Summary of the report shall include the study purpose, a general description of the project scope,
site location, development description, study area, concise description of major findings, recommendations and
mitigation measures.
Description of Proposed Development
The TIA should provide a full description of the proposed development including but not limited to the
following:
D A vicinity map shall be provided illustrating the site location, study area, and the surrounding
transportation network (major streets and key intersections). The limits of the study area will have been
determined at the scoping meeting with the City .
D Location of approved or proposed developments in the vicinity of the project should be included in the
report. These can be obtained from the City. These developments should be included as base
assumptions where applicable in the analysis ofthe transportation impacts.
D Location and type of existing and proposed improvements, buildings, building appurtenances, fuel
pumps, and drive through facilities.
D Size of Development (total development area, total area of each building and locations, floor space
including a summary of each type of land use including number of residential units, etc.).
D Existing land use and zoning.
Attachment to Ordinance No. 022-15
0 Proposed land use and zoning -Intended use of the site, including the range of uses allowed without
additional land-use approvals. The land use with the greatest overall traffic impact shall be assumed in
the study (worst case scenario), unless the applicant specifies the uses for the site.
0 Existing and proposed parking (number of spaces, dimensions, circulation).
0 A detailed site plan including location and orientation of existing and proposed access points and type of
access (full access, right-in/right-out, turning movement restrictions, sight lines, etc.), driveway throat
lengths, other access points adjacent to or opposite the site, project internal roadway system, adjacent
streets, parking facilities, internal circulation patterns for vehicles, bicyclists and pedestrians, fire lanes,
traffic control devices and tracking patterns of the design vehicles for the access, circulation, loading
docks and garbage receptacles. Distances from existing streets, driveways, and/or median openings to
development access should also be shown. The site plan shall be at an appropriate scale to allow proper
review by the City staff and should be included in the appendix ofthe report if possible or submitted as
an attachment to the traffic study. For situations where a site plan does not exist, a prototypical site
roadway and access system should be assumed for purposes ofthe study. Subsequent update will be
necessary when a site plan becomes available.
0 The TIA shall describe the proposed development schedule and staging/phasing, including the
anticipated opening date, the anticipated completion date for each major phase of development and
the anticipated full build out completion date.
0 Each TIA shall present an analysis of the traffic conditions without and with the proposed project at year
of completion, including all pipeline development at project driveways and local non-concurrency
intersections. The future year traffic volumes, including pipeline development, can be obtained from the
City's travel demand model, or by other means approved by the City .
0 The critical time periods for traffic is directly associated to the scope ofthe TIA and with the peaking
characteristics ofthe background traffic and the proposed development traffic. In most cases, the
weekday evening (PM) peak hour of the street will be the only analysis period required for the traffic
study. For certain types of development (e.g., churches, schools, some retail uses, shopping centers,
etc.) other peak hours may be added (e .g., a.m., midday or weekend, holidays, project peak hours, etc.)
or eliminated from the analysis, if approved by the DSD or PWE Department.
0 Any other pertinent information
Existing Conditions
Study Area Roadway System
A thorough review of available data and description of the existing transportation system within the study area,
using a combination of maps and other documentation should identify relevant information, such as the
following:
0 All applicable roads on which a driveway is proposed and/or an impact to a non-concurrency
intersection has been identified. The road description should include the number of lanes, lane usage
(i.e., ident ify through lanes, two-way left-turn lanes, merge lanes, shoulders/curbing, parking/type, etc.),
pavement type, right-of-way width, shoulder and sidewalk widths, general topography, roadway
classification and posted speed limits.
0 Traffic control devices including signalizations, signing and pavement markings that might affect or be
affected by the project.
0 Distances from existing streets and driveways to development access points.
0 Alignment with existing streets and driveways to development access points .
0 If appropriate, on-street parking in the vicinity of the development site and those that affect the
operation of key intersections being analyzed.
0 Heavy vehicle prohibitions and restrictions
0 Marked pedestrian crosswalks in the vicinity ofthe development site.
0 School route plan (if relevant to the proposed development).
Attachment to Ordinance No. 022-15
0 Existing and planned bicycle and pedestrian facilities including bike lanes, sidewalks, and multiuse paths
adjacent to the project site, utilized by the project, connected to by the project, or impacted by the
project should be identified and described in detail.
0 Any transit facilities including the service provider(s), route numbers, frequency, and location/amenities
of existing bus stops in the immediate vicinity of the project should be provided .
0 Minimum turning path of design vehicles, following the AASHTO guidelines of selecting the design
vehicle and measuring, recording and reporting existing and proposed turning radii.
0 Other pertinent information
Traffic Volumes
Daily and peak hour traffic counts should be collected for use in the study at impacted intersections where the
City does not already maintain an existing count. If counts are required, these counts shall typically be collected
between 4-6 PM on a typical Tuesday, Wednesday, or Thursday for all roadways and intersections in the study
area. However, the type of development or local conditions may require counts be also taken on weekends or
other time periods. Establishment of times for turning movement and daily counts will be made during the
scoping meeting.
The counts should be conducted during weeks which have no holidays and if possible during the school year. In
situations when traffic counts must be conducted while school is not in session, a seasonal adjustment shall be
applied to daily and peak hour volumes collected for use in the study. The seasonal adjustment should be
approved by the DSD or PWE staff. For projects which include improvements to schools or sites adjacent to
schools, it will be necessary to include peak hour counts from the school take-in and dismissal times. No counts
should be performed from the end of the school year through the week of Labor Day . In addition, traffic data
should not be collected during the following :
0 December 15 to the week which includes New Year's Day
0 School holidays or late opening/early closing
0 Occasions influenced by an accident , road or lane closure, inclement weather, or other events
Typical traffic data should be collected in 15-minute increments. Intersection turning movement counts shall
include peak hour factor calculations , heavy vehicle percentages, pedestrian and bicycle counts, and HOV lane
counts . The exact locations, how, and when counts were taken should be included in the report. The existing
counts should be presented in a diagram format in the report.
Future Conditions
Programmed Road w ay Impro vements
Projects from the City's Capital Improvement Program (roadways and intersections or any other transportation
circulation improvements) may be used in the future year analysis. The traffic study should include a discussion
ofthe scope and the status ofthe assumed improvements. The improvements of other jurisdictional agencies
within the study area should also be identified. DCD and PWD staff will determine what approved City traffic
improvements may be considered in the analysis. A map showing the committed and funded improvements
should be included in the report .
Projected Traffic Volumes
For estimating the traffic impacts of a proposed development, it is recommended to use the traffic volumes
from the City's travel demand model for two cases: (a) without the proposed development, and (b) with the
proposed development. The incremental impacts are attributed to the site -generated traffic. The report should
include graphical presentations which illustrate peak hour and daily (including turning movements at the study
intersections) forecast volumes for the future year with and without the proposed project traffic.
Attachment to Ordinance No. 022-15
Future /Background Traffic Volumes without Development
Background traffic should reflect any existing facilities plus planned future traffic. Planned future traffic is
included in the City's travel demand model.
Proposed Project Traffic
The latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, Trip Generation
Handbook, or other industry publications such as the ITE Journal should be used to estimate project-generated
trips for the daily and study peak periods. Data limitations, data age, choice of peak hour or adjacent street
traffic, choice of independent variable and choice of average rate versus statistical significant modification shall
be presented and discussed.
In cases where published trip generation rates are based on very limited data or do not adequately represent
the proposed land use(s), a local trip generation study following procedures prescribed in the ITE Trip
Generation manual may be required to provide sufficient justification for the proposed generation rate.
Deviations from ITE rates must be justified, documented and approved by the City DCD or PW Department prior
to the submittal of the report.
Trip credits can be taken for land uses that will be discontinued once the development is complete, assuming
those uses were active within one year of the traffic study submittal. Trip generation adjustments may be
justified to account for internal and/or pass-by trips. Internal trip reductions can only be applied for mixed-use
types of developments and pass-by reductions for retail/commercial type developments (e.g., fast food
restaurants with drive-through windows, service stations). Pass-by trip reductions greater than 15% require
approval by the City, and should be discussed in the traffic study. Captured/internal trip reduction greater than
5% requires consultation and acceptance by City, and should be discussed in the traffic study. The justification
for internal or pass-by trip reductions will require analytical support based on verifiable actual similar
developments to demonstrate how the figures were derived and will require approval by DCD or PWD staff prior
to use.
All trips, including pass-by trips, must be included in the analysis of the project's driveways. Trip generation
adjustments for transit and Transportation Demand Management (TDM) actions must also be justified with
analytical support to show how the figures were derived . Optimistic assumptions regarding transit use and TDM
actions will not be acceptable unless accompanied by specific implementation proposals that will become a
condition of approval. Such implementation proposals must have a reasonable expectation of realization within
a 2-year period after project initiation.
A table must be provided in the study report identifying the categories and quantities of land uses, with the
corresponding trips rates or equations and the resulting number of trips. This table also needs to identify all
adjustments to the trip generation, specifically pass-by trips, existing trips, internal trips, TDM and transit trips.
For large developments that will be constructed in phases, the table should identify each significant phase
separately.
Project Trip Distribution and Assignment
The City's travel demand model or other City approved methods should be used to estimate site trip distribution
and assignment. Any adjustments to the model distribution shall be fully documented and subject to approval
by the DCD or PWD staff. As needed, the City's travel demand model may need to be disaggregated in the
vicinity ofthe proposed project to provide sufficient detail to appropriately analyze study area
facilities/driveways. All model assumptions and modifications should be documented. No modifications other
Attachment to Ordinance No. 022-15
than documented land use or roadway network assumptions should be made to the travel demand model
without approval of the DCD or PWD.
The distribution of site generated traffic at project driveways and/or local non-concurrency intersections should
be presented (including distribution/assignment of pass-by trips) in the report in a graphic format showing, by
direction, percentage and number of site generated trips . The presentations should include Average Daily Traffic
(ADT) and peak hour directional volumes as well as turning movements.
Future Traffic Volumes with Development
Total peak hours and daily traffic volumes shall be graphically shown combining project and background traffic
for the project horizon years.
Traffic Analysis and Impact
To determine the potential localized traffic impacts of a proposed development, the following scenarios shall be
analyzed for the study time periods when appropriate:
D Ex isting Traffic Conditions without project traffic
D Future/Background Traffic Conditions without Development
D Future Traffic Conditions with Development
Conclusions regarding the adverse impacts caused by the project on the roadway system should be discussed in
this section. Depending on the development type, size, location, etc., all or some of the following technical
analyses may need to be included in the traffic study .
Operationa l/Capacity Analysis
Capacity analyses must be performed using the principles of the latest version of the Highway Capacity Manual
for all identified intersections/access points determined through the scoping meeting. Synchro/SimTraffic
version 8.0 software o r other City approved software should be used for the capacity analysis. City may
recommend the use of other traffic analysis software where applicable .
The City's traffic operations model will be provided with the available existing conditions Synchro files that
contain the existing signalized intersections channelization and signal timings, etc. These files may need to be
updated with the new traffic counts (e.g., volumes, peak hour factors, heavy vehicle%, pedestrian and bicycle
volumes, etc .) and other applicable project related information (e.g., new roadways or intersections, adding
unsignalized intersection or driveways, etc.). No changes to signal timing/phasing from those included in the
City's Synchro model shall be made without the approval of the DCD or PWD staff. The City will determine
whether or not the existing timings should be used for the future condition analysis after review of the project
information and horizon year(s). Geometric data such as the number of lanes, lane widths, adjacent parking
lanes and grade may be available from the City (Synchro files). Where not available, the consultant will have to
obtain the missing data.
All assumptions and modifications used in the performance of analysis concerning lane configurations/use,
pedestrian activity, saturation flows, lane utilization factors and other relevant parameters should be noted and
justified in the text of the report. Modifications without justification can lead to delays in review as we wait for
clarification from the Consultant. Appendix C contains the City of Issaquah Synchro Modeling Guidelines which
provides a listing ofthe various assumptions, factors and methodologies to be used for Synchro analyses.
The performance of intersections should be reported as overall intersection LOS, delay and V/C ratio (for
signalized, roundabout, and all-way stop intersections); and individual intersection approach movements LOS,
Attachment to Ordinance No. 022-15
delay, V/C ratio for all intersection control types . The analysis results, deficiencies and impacts should be
discussed in the report especially for the following conditions:
0 The overall V /C ratio of an intersection exceeds 0.85 ;
0 The V /C ratio of an individual thru movement or shared thru/turning movement exceeds 0.85;
0 The V /C ratio of an exclusive turning movement exceeds 1.0; or,
0 LOS and delay for the overall intersection or any individual movement exceeds the acceptable LOS
threshold.
Supplementary surveys or analyses may be needed to assess saturation flows and gap availability. In the case of
congested intersections, particularly where the existing volume/capacity ratio is greater than 1.0, it is advisable
to conduct further field observations of intersection operations, saturation flows, queues, and delays to confirm
and/or rationalize the results of the performance analysis. Where the traffic volumes through an intersection do
not appear to reflect actual demand, for example, where the intersection throughput is constrained by
downstream congestion , performance analyses may indicate low (good) volumes/capacity ratios which mask
actual problems. Field observations may be necessary in these situations to determine the necessary
adjustments to performance calculations so that actual conditions are fairly represented.
All software outputs should be clearly labeled indicating the time frame for analysis . The output sheets should
show all of the capacity analysis results that are listed in the tables included in the body of the report. Software
output must explicitly show all input and phase lengths used in analys is. All electronic data files for software
must be provided on a CD as a supplement to the report. Please ensure that staff can interrelate data tables in
your report, printouts in your appendices and all data files on the CD.
Tra ff ic Con t rol Needs
When needed, an analysis to determine whether traffic control warrants (traffic signals, stop signs, or yield
signs) are met with the development traffic may be required. The warrant analysis should be based on the
procedures in the latest edition of the Manual on Traffic Control Devices (MUTCD). The percentage of right-
turns-on -red must be justified on the signal warrant analys is.
In cases where a new signal is being proposed within a corridor of existing signals, a supplementary analysis of
traffic signal "system" operations may be required to assess effects on traffic signal coordination. In this
scenario, both concurrency and non -concurrency intersections may be included in the analysis . The acceptability
of the signal locations must be demonstrated through a signal progression analysis. Signal warrant analyses may
be conducted using projected traffic volumes to identify potential need for the installation of traffic signals .
However, traffic signals will not be installed until actual traffic counts at the intersection meet warrant
thresholds.
Gap Study
A gap study identifies the gaps in traffic to determine if the frequency and duration of the gaps is sufficient to
permit the safe crossing and merging of side-street traffic, and/or pedestrians. Particular attention should be
given to elderly pedestrians and children who have slower than average walking speeds . A gap analysis will need
to be performed on a driveway where a signal is requested.
Accident Ana ly sis
Five years of the most current accident data shall be obtained for intersections and roadways within the study
area. Accidents involving pedestrian and bicyclists should also be included . This data shall be summarized within
the report in tabular form (accident type, number and severity for each location) along with a brief written
description at each location. A discussion of accident occurrence as it relates to sight distance or other roadway
geometric deficiencies, signing, and illumination should be included.
Attachment to Ordinance No. 022-15
Average accident rates should be calculated and compared with statewide averages for similarly classified
roadways and/or the citywide averages provided by the City of Issaquah. Intersection rates are calculated
independently from mid-block segment accident rates. Intersection accident rates should be calculated as
accidents per million entering vehicles, whereas mid-block accident rates should be calculated as accidents per
million vehicle miles.
S ite Access and Circulation
Access points should be evaluated in terms of capacity, safety and adequacy of queue storage . Access points
should be free of all encumbrances and provide appropriate sight triangles . The quality of access as it relates to
the internal site circulation will have a direct relationship on the quality of traffic flow in and around the site
development, as well as a direct impact on public safety. Proposed access points should be evaluated with
respect to possible mutual interference with other adjacent or opposed access points. Joint access and cross
access by two or more properties may be desirable depending upon use .
Site access and circulation analysis shall be conducted and recommendations shall be included in the traffic
study to address safe and acceptable traffic operations . The identification of access points between the site and
the external roadway system and subsequent recommendation concerning the design of those access points is
directly related to both the directional distribution of site traffic and the internal circulation of the facility.
Provisions for appropriate vehicular-exit queuing should be made at all access drives to a development. For
small developments, parking areas and access points should be designed so that exiting drivers can align their
vehicles perpendicular to the off-site roadway system. For large developments, queuing areas should be
sufficient so that vehicles stored at exits do not block internal circulation.
The traffic study should calculate anticipated queues and minimum required throat depth at the project access
points. The analysis should also evaluate the proposed site plan for sight distance and other unsafe traffic
conditions and provide recommendations to mitigate them . The need to restrict certain movements to avoid
conflicts should be assessed . Direct access to arterial roads should be justified in the context of available
alternative access opportunities.
Adverse effects of site access on road and transit operations should be identified and appropriate remedial
measures identified and evaluated. The requirements for left-turn and right-turn lanes at the driveway (exiting
the site) and on the public roadway at the project driveway (entering the site) should be evaluated. Where
appropriate, potential weaving problems should be assessed and evaluated, including the need for acceleration
or deceleration lanes, and conflicts with pedestrian and bicycle movements. Internal circulation should provide
access to all areas in a manner understood to drivers. Internal roadways should be marked and signed in
accordance with recommendations in the MUTCD. Delivery vehicle/courier loading/unloading facilities and the
tracking of design vehicle movements related to access points , circulation roads/aisles, loading docks, and
garbage receptacles should be evaluated with respect to location, size and design. Convenient access should be
provided to off-street loading facilities to minimize the possibility that pick-up/delivery operation will occur on
the public street. Evaluate the potential for access and circulation movements associated with on-site parking or
other activity (such as drive-through service windows) resulting in queues extending onto public streets, or
vehicles backing onto public streets. Describe and evaluate site access provisions for pedestrians and cyclists
with particular emphasis on convenient and safe access to transit services .
Sight Distance Evaluation
At each access point and at each intersection where a new road is proposed, the sight distance requirements
(intersection, stopping, entering, corner sight distance, etc .) should be determined based on appropriate
standards (City, WSDOT and AASHTO standards), and the availability of sight distance determined from actual
Attachment to Ordinance No. 022-15
field measurements of existing streets or based on subdivision plans for large scale developments. Line of sight
triangles for determining sight distances and landscape and/or other restrictions shall be drawn on the site plan.
If a deficiency exists, recommendations to improve the deficiency need to be incorporated into the report.
Necessary line-of-sight-clearing to insure adequate sight distance should be clearly indicated.
Neighborhood Impacts
Neighborhood transportation impacts are primarily caused by site generated traffic using neighborhood streets
as short cuts. This ((cut-through" traffic can impact pedestrian safety and community cohesion. Most
neighborhoods are sensitive to cut-through traffic and hence an analysis should be conducted (if applicable) to
evaluate the neighborhood impacts of the proposed development.
Evaluation of Transit, Bicycle and Pedestrian Facilities
Impacts to non-motorized facilities (including park-and-ride) should be identified, particularly in cases where the
development is located in an area with incomplete non-motorized facilities, and/or the existing facilities will be
modified by the proposed development. Evaluate future pedestrian activity associated with the development
and related implications for signal warrant calculation and signal timing requirements to provide pedestrian
road-crossing opportunities. Of particular interest are pedestrian connections to transit services.
Other Special Analyses and Stud ies
Specific focused traffic analyses and studies may be requested by the City relevant to the proposed
development to address issues such as; truck estimates and pavement design, parking impacts (including on-
street and off-street and special events), safe school routes, spot speed studies, queue length studies,
emergency routes, etc.
Mitigation Identification and Recommendations
This section outlines the process of identification of operational and safety transportation improvements and
other measures required to ensure that acceptable and safe operation of the transportation system is
maintained. Project impacts (i.e., capacity, operational, safety, etc.) are measured by comparing "Future without
Project" to "Future with project" traffic conditions. For identified impacts, the traffic study must identify and
discuss mitigation measures that will be implemented by the proposed development. Mitigation measures
should be specific and feasible actions that will improve adverse transportation impacts to acceptable levels of
service or safety levels. An effective mitigation measure shall adequately avoid, minimize, rectify, or compensate
an impact. The capacity analysis results, summaries, and software output should be prepared as described in the
Operational/Capacity Analysis section of these guidelines. Potential mitigation measures include:
0 Locate access point(s) to optimize visibility/sight distance and reduce potential conflicts. Dedicate
visibility easement to assure adequate sight distance at intersections and driveways.
0 Addition oftravellanes (left, right, thru, acceleration and deceleration lanes). The report must identify
the impacts associated with such a change (right-of-way need and feasibility). All mitigations should be
reviewed in the field to make sure that they can be accommodated.
0 Increasing the length ofturn lanes storage pockets/bays.
0 Traffic control modification.
0 Upgrade and/or modification of phasing at existing signals.
0 Signal timing modification. If signal timing modifications are proposed for an intersection within a
coordinated signal system, the entire signal system must be analyzed to ensure that any proposed
changes do not cause the entire system or part of the system to fail.
0 Provide channelized islands.
0 Restriction of project driveway(s) turning movements.
0 Installation of traffic signs
Attachment to Ordinance No. 022-15
0 ITS improvements such as CCTV traffic cameras and fiber optic communication equipment
0 Transit facilities, such as bus turn-outs, park-and-ride lots, and/or bus stops.
0 Design on-site traffic circulation and parking facilities to allow free flow access and to avoid queuing
onto public streets. Provide adequate off-street parking in accordance with City Code and ITE Demand
statistics .
0 Bicycle and Pedestrian Facilities -Provide for access to, from, and through development for bicyclists
and pedestrians. Recommend designing bicycle paths, lanes, and facilities; sidewalks, shared use routes,
other walkways .
0 Reduce or change proposed land use
0 Provide transportation demand management (TOM) measures, where feasible. TOM measures include
flexible work hours or adjusting shift schedules to avoid peak hours of the adjacent roadways,
promoting ridesharing or van pools, and promoting alternate modes of travel to include bicycles,
pedestrians and public transportation. When TOM plans are proposed as mitigation measures , the
applicant may be required to submit a report to PWE Transportation to document the success of the
program two years after full occupancy of the development. Maps and graphics shall be included in the
report depicting all mitigation measures dealing with roadway, parking and access points . These maps
and graphics must be drawn to scale with existing and recommended roadway geometries dimensioned
(e.g ., road width, lane width, 95th percentile queue length, etc.). The intent of such graphics is to assist in
determining the feasibility of a proposed mitigation . Graphics must include adjacent structures/trees,
parking areas , bus stops, pedestrian crosswalks, driveways, etc. All recommended improvements shall
meet current City standards. It is important to structure recommendations for improvements within
appropriate time perspectives.
Recommendations should be sensitive to the following issues:
0 Timing of short-or long-range network improvements that are already planned and scheduled
0 Anticipated time schedule of adjacent developments
0 Size and timing of individual phases of the proposed developments
0 Logical sequencing of various improvements or segments
0 Availability and feasibility of additional right-of-way within the appropriate time frames
0 Local priorities for transportation improvements and funding
0 Cost-effectiveness of implementing improvements at a given stage of development
0 Necessary lead-time for additional design and construction.
All recommended improvements including construction schedule and financing plan should be identified on a
summary sheet in this section ofthe report. In cases where phased development of a project is proposed, a
schedule identifying the improvements needed to mitigate traffic impacts at each phase will be required.
Transportation system changes proposed in conjunction with the development or redevelopment proposal must
be compatible with other elements of the transportation system and must be warranted, safe, and contribute to
more effective and efficient movement of people and goods. Generally, the proponent of a development or
redevelopment proposal is financially responsible for transportation improvements reasonably required to
accommodate the proposal or to mitigate adverse impacts of the proposal. Normally such changes will be
included as conditions of development approval.
Appendix
The following information when applicable should be included in the appendices of the report:
0 Site Plan drawn to scale
D Raw traffic count data
D Plots and other applicable information from the Transportation Model runs
D Capacity and Queue calculations (detailed worksheets). Software output must explicitly show all input
and phase lengths used in analysis.
D Signal Progression/Arterial Analyses (all input and output)
Attachment to Ordinance No. 022-15
0 Warrant worksheets for signals, all-way stops, right and left-turn lanes, etc.
0 Intersection and driveway sight distance (drawn to scale)
0 Accident Data
0 Additional tables or figures not included in the report
0 Maps (drawn to scale) and graphics not contained in the body ofthe report
D Other relevant supportive information and/or analyses
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 10, 2015.
ORDINANCE NO. 022-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
RELATING TO COMPREHENSIVE PLANNING UNDER THE GROWTH
MANAGEMENT ACT, ADOPTING CONCURRENCY REGULATIONS FOR THE
REVIEW OF LEGISLATIVE AND QUASI-JUDICIAL APPLICATIONS, AS MANDATED
BY THE GMA (RCW 36.70A.070(6)(b) FOR TRANSPORTATION FACILITIES AND
AS RECOMMENDED BY THE GMA FOR WATER AND SEWER FACILITIES,
DESCRIBING EXEMPTIONS FROM CONCURRENCY, REQUIRING EVALUATIONS
OF CAPACITY, DESCRIBING THE ELEMENTS OF A CAPACITY EVALUATION
APPLICATION, EXPLAINING THE METHOD FOR DETERMINING AND RESERVING
CAPACITY, SETTING FORTH THE PROCEDURE FOR ISSUANCE OF CAPACITY
RESERVATION CERTIFICATES, DESCRIBING THE PROCEDURES FOR DENIALS,
EXPIRATION AND EXTENSIONS OF CAPACITY RESERVATION CERTIFICATES,
ALLOWING FOR APPEALS OF DECISIONS, DESCRIBING THE ADMINISTRATIVE
PROCESS FOR CONCURRENCY REPORTING AND MONITORING AND
PROVIDING A STANDARIZED FORMAT FOR TRAFFIC IMPACT ANALYSES,
REPEALING CHAPTER 16.60 AND ADOPTING A NEW CHAPTER 16.71 TO THE
PORT ORCHARD MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 022-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 022-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: November 20, 2015