A.

This chapter is enacted pursuant to the city's police powers, the State Growth Management Act (GMA) as codified in RCW Chapter 36.70A and the concurrency regulations as codified in WAC 365-196-840.

B.

The purpose of this chapter is to:

1.

Comply with the GMA by prohibiting approval of development proposals if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the Mercer Island comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. For the purposes of the city's concurrency requirement, "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

2.

Establish a system to evaluate development proposals to ensure that adequate transportation facilities are provided concurrently with development, as defined by the GMA.

(Ord. 18C-12 § 1)

A transportation concurrency application and transportation concurrency certificate are required for any development proposal specified in MICC 19.20.030 or any development that will otherwise result in the creation of one or more net new trips in the morning peak hour or evening peak hour. No development shall be required to obtain more than one transportation concurrency certificate, unless the applicant or subsequent owners propose changes or modifications that require a new development permit application or result in increased net new trips, a future phase of the project requires a transportation concurrency application, or the original transportation concurrency certificate has expired.

(Ord. 18C-12 § 1)

The following describes the steps in obtaining a transportation concurrency certificate:

A.

Application. A transportation concurrency application and traffic impact analysis (if required) shall be submitted prior to, or concurrent with, an application for the following development proposals:

1.

Preliminary long plat or preliminary short plat and revisions or alterations thereof which will increase the number of dwelling units or net new trips;

2.

Development agreements;

3.

Design review or conditional use permit; or

4.

Any other land use approval or building permit that will result in net new trips, unless a certificate has been issued for the same development proposal in conjunction with subsection (A)(1), (A)(2), or (A)(3) of this section.

B.

Contents of application. Transportation concurrency applications shall be submitted on a form prescribed by the code official. Applicants for a certificate of concurrency shall designate the density and intensity of development to be tested for concurrency, provided such density and intensity shall not exceed the maximum allowed for the development proposal site. The concurrency test and resulting concurrency certificate will be based on and applicable to only the applicant's designated density and intensity, and the resulting net new trips, calculated pursuant to subsection E of this section.

C.

The transportation concurrency application shall accompany the first application for land use approval or building permit. Transportation concurrency applications, once determined complete and following receipt of any required fees, shall be reviewed on a first-come, first-served basis.

D.

Traffic impact analysis. A traffic impact analysis complying with the city's traffic impact analysis guidelines is required for any development proposal that generates ten or more net new vehicle trips during the morning or evening peak hour.

E.

Determine number of net new trips. The code official shall review the transportation concurrency application to determine the number of net new trips generated by the development proposal using the most current edition of the ITE Trip Generation Manual. Applicants may be required to provide supplemental information regarding the number of vehicle trips created by the prior use and/or for their specific development if the number of vehicle trips created is not clearly addressed in the most current edition of the ITE Trip Generation Manual. In determining the net new trips, no credit shall be given for vehicle trip ends from sites/structures that have been vacant for more than one year or for trips from any unpermitted or illegal development.

(Ord. 18C-12 § 1)

A.

Approval. A transportation concurrency certificate shall be approved if net new trips from the development proposal do not cause the level of service at a concurrency intersection to decline below the standards adopted in the transportation element of the comprehensive plan. The level of service analysis shall include the net new trips for all developments that have been previously approved for concurrency.

B.

Contents. A transportation concurrency certificate shall include, as a minimum:

1.

The location or other description of the development proposal site.

2.

The type of development proposal for which the transportation concurrency certificate is issued.

3.

The specific use, densities, and intensities that were tested for transportation concurrency and which are authorized for development of the property.

4.

The net new trips assigned to the development as described in the certificate.

5.

Conditions of approval, if applicable.

6.

An effective date.

7.

An expiration date.

C.

Reservation of capacity. The city shall reserve capacity to accommodate the net new trips from any development proposal receiving a concurrency certificate. Reserved capacity shall not be returned to the system unless and until an associated development permit application is denied, rejected, invalidated or abandoned, or the transportation concurrency certificate is no longer valid or expires.

D.

Validity. A transportation concurrency certificate is valid only for the specified uses, densities, intensity and development proposal site(s) for which it was issued and shall not be transferred to a different project or parcel. A transportation concurrency certificate shall remain valid for the longer of:

1.

One year from the date of issuance;

2.

During the period of time the development proposal associated with the certificate is under review by the city;

3.

For the same period of time as the development approval. If the development does not have an expiration date or an approved phasing schedule that allows a longer build-out, the concurrency certificate shall be valid for one year from the date of the last permit approval associated with the development proposal;

4.

For a period of time specified in an approved development agreement.

E.

Expiration. A transportation concurrency certificate shall expire if any of the following occur:

1.

The time frame established in subsection D of this section is exceeded.

2.

The related development permit application is denied or revoked by the city.

3.

The related development permit expires prior to issuance of a building permit.

F.

Extension. A transportation concurrency certificate shall not be extended. A new transportation concurrency application, review and certificate are required if the previous transportation concurrency certificate has expired.

(Ord. 18C-12 § 1)

A.

Denial. A transportation concurrency certificate shall be denied if the number of net new trips resulting from the development proposal causes the level of service at a concurrency intersection to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the net new trips are made concurrent with the development, subject to the provisions of subsection C of this section. The applicant shall be notified in writing that the development proposal has failed concurrency.

B.

Options for development failing concurrency. The applicant for a development proposal failing concurrency may:

1.

Abandon the proposed development. A project shall be deemed abandoned by the city if an applicant does not proceed under subsection (B)(2) or (B)(3) of this section.

2.

Agree in writing within 60 days of the notification of concurrency failure to:

a.

Build or provide a mitigation strategy, and provide a financial commitment, for the transportation facility improvements necessary to achieve concurrency;

b.

Phase the development to reduce the number of net new trips to a level that will achieve concurrency; and/or

c.

Modify the transportation concurrency application and the associated development proposal applications to reduce the number of net new trips to a level that will allow for concurrency approval pursuant to MICC 19.20.040.

3.

Appeal the denial to the hearing examiner in accordance with MICC 19.20.120.

C.

Mitigation criteria. The mitigation options established in subsection (B)(2) of this section shall be consistent with the following criteria:

1.

Transportation facility improvements or strategies.

a.

Administrative approval. The code official shall approve transportation facility improvements or strategies that will achieve transportation concurrency at a concurrency intersection when the following criteria are met:

i.

The proposed improvement or strategy is consistent with the city's comprehensive plan and is in the city's adopted six-year transportation improvement program (TIP); and

ii.

The proposed improvement is completed, or the proposed strategy is implemented within six years of the date of issuance of a certificate of occupancy.

b.

City council approval. The city council may approve a transportation facility improvement not included in the six-year TIP as transportation concurrency mitigation by amending the TIP to include the proposed improvement.

c.

Funding commitment and conditions. The approval of any development proposal requiring one or more transportation facility improvements to achieve concurrency shall establish conditions requiring a financial commitment by the applicant, binding on subsequent owners, for the completion of the improvement(s). The cost of the transportation improvement(s) required for concurrency may be credited towards the developer's transportation impact fee obligation in accordance with MICC 19.19.040(D).

d.

Latecomer agreements. The city may authorize latecomer agreements, or other reimbursement from owners of property benefited by the transportation concurrency improvements, as allowed by state law.

2.

Transportation demand management (TDM)/Phasing. Transportation demand management shall include strategies designed to increase the efficiency of the transportation facilities, including, but not limited to, transit and ridesharing incentives, flexible working hours, parking management, and pedestrian and bicycle enhancements to decrease single occupancy vehicle trips. The code official shall approve a TDM strategy or phasing plan that achieves transportation concurrency when the TDM strategy or phasing plan includes:

a.

An implementation plan and schedule that is satisfactory to the code official;

b.

Methods to monitor and enforce TDM/phasing performance that is satisfactory to the code official; and

c.

A contingency plan to achieve transportation concurrency if the TDM goals are not achieved within two years of issuance of the certificate of occupancy and all necessary permit approvals. The TDM strategy/phasing plan shall be a condition of development approval and shall apply to all future property owners. The code official shall determine, consistent with accepted engineering practice, the appropriate trip reduction resulting from the proposed TDM strategy.

(Ord. 18C-12 § 1)

The code official may require a performance guarantee, as applicable, to ensure compliance with any aspect of transportation concurrency for the development proposal or construction permit approval.

(Ord. 18C-12 § 1)

A.

The city may enter into agreements with other local, regional, state and federal governments, to coordinate mitigation for transportation concurrency.

B.

The city may apply standards and mitigation to development in the city that results in transportation impact to other local governments in the state of Washington. Approvals or permits issued by the city may include conditions and mitigation that will be imposed on behalf of and implemented by other local governments in the state of Washington. The city may agree to accept and implement conditions and mitigation that are imposed by other jurisdictions on development in their jurisdictions that impact the city.

(Ord. 18C-12 § 1)

A.

The code official shall determine the current level of service at concurrency intersections as of December 3, 2018. The code official shall use traffic counts and traffic modeling information produced in 2017 and 2018 as the baseline for determining current levels of service.

B.

The city should update the existing levels of service at concurrency intersections at least every five years.

C.

Each level of service update shall carry forward the vehicle trips for any approved development proposal that has not been completed and occupied prior to the level of service update.

(Ord. 18C-12 § 1)

A.

All final decisions regarding the administration of this chapter shall be the responsibility of the code official.

B.

The code official shall be authorized to establish administrative rules and procedures for administering the transportation concurrency management system.

(Ord. 18C-12 § 1)

A.

A transportation concurrency application and transportation concurrency certificate are categorically exempt from the State Environmental Policy Act (SEPA).

B.

This chapter establishes the minimum transportation concurrency requirements applicable to all development and is not intended to limit the city's authority under SEPA or to evaluate all transportation impacts resulting from new development, particularly safety and operational impacts. SEPA mitigation regarding intersection operation and/or safety may be included as conditions of the transportation concurrency certificate at the discretion of the code official.

(Ord. 18C-12 § 1)

The city shall charge a processing fee to any individual or entity that applies for a transportation concurrency certificate. Such fees shall be determined by resolution of the city council. An additional fee will be required if, in the sole judgment of the code official, use of the city's transportation model is necessary for making a transportation concurrency determination. All transportation concurrency processing fees shall be paid in full upon application for a transportation concurrency certificate.

(Ord. 18C-12 § 1)

A decision on a transportation concurrency certificate may be appealed pursuant to chapter 19.15 MICC.

(Ord. 18C-12 § 1)