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HomeMy WebLinkAbout3) 2026 08 31 Chapter 18.32 JCC (Transportation Concurrency) - PC Public Hearing Draft Page 1 of 14 Chapter 18.32 TRANSPORTATION CONCURRENCY Sections: 18.32.010 Purposes. 18.32.020 Applicability. 18.32.030 Transportation impact analysis (TIA) requirement. 18.30.040 Transportation impact analysis (TIA)required components. 18.32.050 Levels of service standards. 18.32.060 Concurrency test requirement. 18.32.070 Strategies for achieving the level of service standards in the comprehensive plan for county roads. 18.32.010 Purposes. The purposes of this chapter are to ensure that adequate Level of Service standards (LOS) adopted in the comprehensive plan are: (1) Maintained for existing use on county roads; and, (2) Achieved concurrently with new development by only approving development applications that would not cause the LOS on county roads to decline LOS adopted in the comprehensive plan. 18.32.020 Applicability. (1) Except as limited by section (2) and except for those developments that generate fewer than 200 Average Daily Trips (ADT) or 25 peak hour trips, this chapter applies to all development applications, including but not limited to development applications for subdivisions, short plats, binding site plans, building permits, shoreline development, conditional use and special use permits, which have a potential vehicular impact on the LOS of a county road or an intersection of county roads. (2) This chapter does not require concurrency on state highways, including highways of statewide significance (SR19, SR20, SR104, US101) and highways of regional significance (SR116). Only the Washington State Transportation Commission has authority to alter LOS for state highways. For state highways, WSDOT has responsibility to plan them, make decisions about improvements on them, and to raise any needed funding. The Washington State Legislature has the ultimate responsibility of deciding what state highways will be built and how they will be funded. Page 2 of 14 (3) All development applications subject to this chapter as determined by application of JCC 18.32.020(1) shall be subject to concurrency review at the time such development applications are submitted. Concurrency review shall be performed as part of the processing of a project permit application as specified in chapter 18.40 JCC, including appeals pursuant to Article V of chapter 18.40 JCC. 18.32.030 Transportation impact analysis (TIA) requirement. (1) A TIA as described in JCC § 18.30.080(1)(g) and 18.32.040 shall be required if: (a) The development application states that development is expected to generate 200 or more ADT or 25 or more peak hour trips; or, (b) The director determines that development would likely generate 200 or more ADT or 25 or more peak hour trips; or (c) The proposed development is located on a county road segment with an identified LOS deficiency; or (d) The proposed development is located on a county road segment in an identified high accident location or corridor. 18.32.040 Transportation impact analysis (TIA) required components. (1) The TIA shall be stamped and signed by a professional engineer licensed in the state of Washington with expertise in traffic and transportation engineering. (2) The TIA shall satisfy each of the following requirements for county roads, intersections of county roads, state highways, and intersections of county roads and state highways: (a) Calculation of post-development ADT and comparison to pre-development ADT. (b) Calculation of post-development morning peak hour, evening peak hour, and daily trip generation and comparison to pre-development peak hour trips. Trip generation during other than peak hours may also be required by the director. (c) Determination of whether the proposed development likely will have a vehicular impact on the LOS of a roadway segment or an intersection of roadways. (d) Assignment of proposed development’s traffic to the surrounding street system for all examined peak hours. Show trip assignment for all intersections to which the development adds 25 or more weekday morning or evening peak hour trips. (e) Sight distance analysis at all site access points. (f) Examination of access spacing standards, if applicable. Page 3 of 14 (g) Existing peak hour traffic counts at all study area intersections, which shall not be more than 12 months old, as measured at the time the application is deemed technically complete. (h) A LOS analysis based on the latest version of the Highway Capacity Manual, published by the Transportation Research Board. (i) Signal warrant analysis based on warrants in the Manual on Uniform Traffic Control Devices (MUTCD) if applicable, where particular attention should be given to intersections identified as requiring mitigation. (j) Left- and right-turn lane analysis, if applicable. (k) Crash analysis consisting of the most recent complete three-year crash history. (l) Safety mitigations at intersections shall be identified at any location with a crash rate exceeding one crash per million entering vehicles. Safety mitigations shall be identified for roadway sections or intersections where the crash rate is more than two and one-half crashes per million vehicle miles. (m) Trip generation calculations that compare the trip generation of the proposed development with the adopted LOS listed in the comprehensive plan to a reasonable worst-case under the proposed development. (n) Analysis of all the intersections in the area which are the subject of the TIA for conditions 20 years in the future. This analysis shall include intersections of county roads and state highways. This analysis shall include all the following: (i) Conditions under current land use regulations; and, (ii) Conditions under current land use regulations plus the net increase in trip generation resulting from the development. (o) Mitigations shall be proposed for any intersection or operational deficiencies for a county road that is the result of the projected increase in trip generation. (3) The director shall have the discretion to require more or less information or analysis based on the development’s size and potential impacts, provided written notice to the applicant is given no less than 30 days from submission of the TIA. (4) The director may waive the need for or limit the scope of a TIA by a written determination, provided that any potentially affected segment of a county road or an intersection of county roads: (a) Do not fall below adopted LOS in JCC § 18.32.050; or, (b) Have been adequately analyzed in: Page 4 of 14 (i) Research or reports available to the county within one year prior to submitting the development application; or, (ii) Any traffic analysis submitted to DCD within one year after a completed application determination pursuant to JCC § 18.40.110. 18.32.050 Levels of service standards (LOS). Transportation facilities levels of service standards for county roads, as adopted in the comprehensive plan, are incorporated by reference into this chapter. 18.32.060 Concurrency test requirement. (1) The concurrency test shall be applied only to the scope of the development presented in the development application. Applicants shall specify uses, densities and intensities that are consistent with the uses allowed for any lot that is the subject of the development application. (2) The director, with input from the county engineer, shall determine whether a concurrency test is required as part of the development permit review process. Developments that result in a reduction of a LOS below the adopted LOS for the affected transportation facility shall not be approved unless an improvement or strategy relied upon to demonstrate concurrency will be completed or implemented in the required time frame. (3) An applicant for a development permit may submit a calculation of alternative trip generation rates for a proposed development, which must be stamped and signed by a professional engineer licensed in the state of Washington with expertise in traffic and transportation engineering. If accepted, the director shall adjust the trip generation forecast of the development to account for transportation strategies proposed by the applicant and accepted by the director. (4) The director shall not approve a development application subject to the requirements of this chapter unless transportation facilities meet or exceed the LOS for existing uses or the impacts of the proposed development are mitigated to meet concurrency standards in the comprehensive plan for county roads and intersections of county roads. (a) If the applicable transportation facilities maintain an acceptable LOS after accounting for the proposed development then the development meets the concurrency standards. (b) If the LOS for transportation facilities impacted by the development falls below the adopted LOS for county roads or intersections of county roads, then the development does not meet LOS, and the applicant shall select one of the following options: (i) Propose mitigation measures that would ensure concurrency consistent with the adopted LOS for county roads are met for the proposed development. Mitigation may include altering the development design or density, voluntarily arranging for the transportation facilities needed to meet concurrency, or other measures acceptable to the director. Any improvements or strategies relied upon to demonstrate concurrency must be completed or implemented within the required timeframe; or, Page 5 of 14 (ii) Accept the denial of the development application. (5) An increase on the LOS determined by a TIA or the performance of a concurrency test caused by the development on any segment of a state highway or on an intersection of a county road with a state highway shall not result in a denial of the application. 18.32.070 Strategies for achieving LOS in the comprehensive plan for county roads. Each of the following strategies for achieving the LOS in the comprehensive plan is approved for concurrency mitigation for new development: (1) The county may amend the six-year transportation improvement program (TIP) without following the requirements of chapter 18.45 JCC, provided there are no inconsistencies with language in the comprehensive plan. (2) The director may approve applications for development, provided mitigation measures performed by the applicant will achieve and maintain the LOS for county roads in the comprehensive plan for the whole development or, if the development is phased, after a phase of the development has been completed. Mitigation measures for a phase of development shall not be sufficient mitigation for the whole development. Any additional development on a phased development is prohibited if only mitigation measures for a phase of a development have been completed. (3) The director may approve development applications, where mitigation measures are accepted by WSDOT that will be performed by the applicant or by WSDOT that will achieve and maintain the LOS at intersections of county roads and state highways. (4) The county may include in the capital appropriations of its budget, expenditures to meet financial commitments for all transportation improvement developments required to maintain LOS, except that the county may omit from its budget any capital improvements for which a binding agreement has been executed with another person to provide the same transportation improvement development in the same fiscal year. Page 6 of 14 Changes needed to existing code: Chapter 18.10 JCC: 18.10.030 C definitions. “Concurrency” means a condition at the time of a development where improvements or strategies are in place at the time of a development to have the necessary capacity to meet the adopted LOS in the comprehensive plan, or that a financial commitment is in place to complete the improvements or strategies within six years as required by RCW 36.70A.070(6)(b). “Concurrency” means a condition in which an adequate capacity of capital and transportation facilities and services is available to support development at the time that the impacts of development occur. (See also "Adequate capacity (adequate capital or public facilities)," "Available capital facilities (available capacity)," and "Level of service (LOS).") “County road” has the same meaning as in RCW 46.04.150. 18.10.060 F definitions. “Facility and service provider” means the department, district, agency or private entity responsible for providing a specific concurrency facility. 18.10.080 H definitions. “Highway of regional significance” a highway designated as a highway of regional significance listed in RCW 47.05.025 or designated by the Peninsula Regional Transportation Planning Organization (PRTPO), a regional transportation planning organization created pursuant to Chapter 47.80 RCW. “Highway of statewide significance” has the same meaning as in RCW 47.05.022. 18.10.120 L definitions. “Level of service (LOS)” means the number of units of capacity per unit of demand (e.g., trips, population, school-age residents) or other appropriate measure of need sufficient to meet the standards for adequate service set forth in the Comprehensive Plan. (See also “Adequate capacity (adequate capital or public facilities),” “Available capital facilities (available capacity),” and “Concurrency.”) “Levels of service standards (LOS)” are those adopted level of service standards in the current version of the comprehensive plan for county roads. 18.10.190 S definitions. Page 7 of 14 “State highway” means every highway listed in Chapter 47.17 RCW, and includes but is not limited to highways of regional significance and highways of state significance. 18.10.200 T definitions. “Transportation improvement program or (TIP)” means the six-year transportation program required by RCW 36.81.121. Chapter 18.15 JCC: 18.15.126 Requirements for master planned resorts. An applicant for an MPR project must meet the following requirements: (1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project development and operation. This shall include: (a) A description of the setting and natural amenities that where the MPR is being situated to use and enjoy, and the natural and recreational features that will attract people to the area and resort. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part of the resort’s services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs of the resort and its users. (d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location. (e) A description, with supportive information and maps, of the design and functional features that provide for unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan comprehensive plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site. (f) A description of the critical areas of the project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps showing proposed public access to the shoreline area pursuant to following the shoreline master program. Page 8 of 14 (g) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support of the development will be available, and that concurrency requirements of the Comprehensive Plan chapter 18.32 JCC will be met. (i) A description of the intended phasing of development of the project, if any. The application for an MPR shall provide sufficient detail for the phases such that the full intended scope and intensity of the development can be evaluated. This shall also discuss how the project will function at interim stages prior to completion of all phases of the project, and how the project may operate successfully and meet environmental protection, traffic transportation concurrency, and other commitments should development cease before all phases are completed. Chapter 18.40 JCC: 18.40.100 Development permit application. (1) Information Required for All Applications. Applications for project permit decisions shall be submitted upon forms provided by the administrator. A project permit application is complete when it meets the submission requirements of this section. An application shall consist of all materials required by the relevant section of this code or other applicable county ordinance or regulation, and shall also include the following general information: (a) A completed site development review (SDR) under Article VII of this chapter. (b) A completed project permit application form, including a SEPA checklist unless categorically exempt from SEPA; (c) A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property, and proof of ownership of the property; (d) Identification of a single contact person or entity to receive determinations and notices required by this code; (e) A legal description of the site, including the Jefferson County assessor's parcel number; (f) Payment of the applicable fee as set forth in the most recently adopted DCD fee schedule; (g) For each development or proposed use necessitating potable water, evidence of available and adequate water supply and, if applicable, compliance with the requirements established by the Jefferson County department of health for the provision of water; evidence may be in the form of a water right permit from the Department of Ecology, or another form sufficient to verify the existence of an adequate water supply; Page 9 of 14 (h) Evidence of septic approval, a valid pending septic application, or sewer availability and, if applicable, compliance with the requirements established by the Jefferson County department of health for wastewater disposal; (i) Site Plan Requirements for Permits. The following shall be depicted either in required narrative above and/or on the site plan detailing the following (as applicable unless waived by the administrator): (i) Compass direction and graphic scale; (ii) Parcel boundaries and dimensions; (iii) Location of existing and proposed roads and access points; (iv) Driveways and parking areas; (v) Easement and rights-of-way located on the property within the proposed developed/use area; (vi) The location of septic, wells, and water lines within the developed areas; (vii) The general description of the topography of the entire site (including slope direction and five-foot contours); (viii) The location of existing and proposed structures including setbacks; (ix) All proposed or existing uses; (x) The location of existing and proposed landscaping if required for development/ or use; (xi) The areas to be graded and cleared (including source and volumes if over 500 cubic yards); (xii) The location of significant geographic features (including slopes exceeding 40 percent slope) on the site and immediately adjoining properties; (xiii) Location and type of water bodies, drainage ways, or wetlands; (xiv) Location and type of shorelines and critical areas; (xv) Shoreline and critical area buffers where trees/vegetation shall be retained, and if applicable, associated special reports; and (xvi) Preliminary drainage plan including measures to address stormwater management for development and land disturbing activity; (j) Identification of other local, state and federal permits required for the proposal, to the extent known by the applicant; Page 10 of 14 (k) A verified statement whether the proposed development is expected to generate 200 or more or 25 or more total weekday morning or evening peak hour trips; (kl) All permit applications shall include the information specified in the chapter of the County Code pertaining to the specific type of development permit being applied for. In addition to this chapter, where applicable, with the following chapters in the Unified Development Code: Chapter 18.15 Land Use Districts Chapter 18.18 Irondale and Port Hadlock UGA Development Regulation Implementation Chapter 18.19 Transitional Rural Development Standards of the Irondale and Port Hadlock Urban Growth Area Chapter 18.20 Performance and Use-Specific Standards Chapter 18.22 Critical Areas Chapter 18.25 Shoreline Master Program Chapter 18.30 Development Standards Chapter 18.35 Land Divisions The county may require such additional information as reasonably necessary to fulfill and properly evaluate the proposal; (l) At every stage of the permit application process, the burden of demonstrating that any proposed development is consistent with this chapter and other applicable, adopted regulations is upon the applicant. (2) Commercial, Industrial, Multifamily and Small-Scale Recreational and Tourist Uses – Additional Application Requirements. In addition to the general information required under subsection (1) of this section, development or proposed uses involving commercial, industrial, multifamily, and small-scale recreational and tourist uses listed in Table 3-1 in JCC §18.15.040 shall include a site plan prepared by a civil engineer, architect or landscape architect licensed in the state of Washington that includes or graphically depicts the following information: (a) A site plan prepared by a licensed civil engineer, architect, or landscape architect unless waived by the administrator (i.e., for low-intensity small-scale recreation and tourist uses); (b) Engineered drainage plan; (c) Parking plan (including ADA requirements); (d) Lighting plan; Page 11 of 14 (e) Landscaping plan; (f) Signage plan; (g) Fire protection requirements (water lines, hydrants, fire suppression systems, uses within structure, etcetc.); (h) Compliance with DCD land use authorization requirements if not a "yes" use per Table 3-1; and (i) Other requirements required by DCD for the review of the proposal. (3) Additional Application Requirements. In addition to the information required under subsections (1) and (2) of this section, the administrator may require additional information or studies in order for the application to be considered complete. Such information may include, but is not necessarily limited to, the following: (a) A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases; (b) Enumeration of the number of persons that will reside in a dwelling(s); (c) Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the subdivision (i.e., either short or long) laws in effect at the time of creation, or identifying whether the lots were created prior to the advent of Chapter chapter 58.16 RCW in 1937 (now codified in Chapter chapter 58.17 RCW); (d) A recorded survey of the subject property in order to verify property boundaries and setback measurements; (e) Special reports pursuant to Chapter chapter 18.22 JCC, Article IX or as required by the administrator. (4) Application Requirements in Other Applicable Regulations. Applications for the following land use permits must satisfy JCC § 18.40.100(1), (2) and, if required, (3), and the following provisions of this Unified Development Code and applicable county ordinances and regulations: (a) Building permits under the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance; (b) On-site septic systems pursuant to Chapter 8.15 JCC; (c) Critical areas variance under JCC § 18.22.250; (d) Reasonable economic use exception permits under JCC § 18.22.260; Page 12 of 14 (e) Planned rural residential developments (PRRDs) under Article VI-M of Chapter 18.15 JCC; (f) Cottage industries under JCC § 18.20.170; (g) Home businesses under JCC § 18.20.200; (h) Temporary outdoor use permits under JCC § 18.20.380; (i) Stormwater management permits under JCC § 18.30.070; (j) Sign permits under JCC § 18.30.150; (k) Boundary line adjustments under Article II of Chapter 18.35 JCC; (l) Short plats under Article III of Chapter chapter 18.35 JCC; (m) Long plats under Article IV of Chapter chapter 18.35 JCC; (n) Binding site plans under Article V of Chapter chapter 18.35 JCC; (o) Written exemptions, shoreline substantial development permits for primary and secondary uses, and shoreline conditional use and variance permits under the Jefferson County Shoreline Master Program; (p) Wireless telecommunications permits under JCC § 18.20.130 and Chapter chapter 18.42 JCC; and (q) Plat alterations under Article VII of Chapter chapter 18.35 JCC; (r) Unit lot subdivisions under Article IX of Chapter chapter 18.35 JCC. All application requirements identified in other code sections that supplement or supersede the requirements of this chapter shall be met before an application is deemed complete. (5) Waivers. The administrator may waive any specific submittal requirements determined to be unnecessary for review of any application. In such event, the administrator shall document the waiver in the project file or project log. Chapter 18.45 JCC: 18.45.080 Final docket – Planning commission and board of county commissioners’ review. (1) Planning Commission Review. All proposed amendments on the final docket shall be reviewed and assessed by the planning commission, which shall make a recommendation to the board of county commissioners after holding at least one open record public hearing. Page 13 of 14 (a) Notice. The hearing before the planning commission shall be noticed by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Jefferson County Courthouse. This notice shall include the following: (i) The purpose(s) of amending and/or updating the Comprehensive Plan comprehensive plan; (ii) The deadline for submitting comments on the amendments; and (iii) A tentative hearing schedule; continued hearings may be held by the planning commission, but no additional notices need be published. (b) Required Findings – Generally. For all proposed amendments, the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators set forth in JCC § 18.45.050(4)(b)(i) through (4)(b)(vii), as well as the following: (i) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan comprehensive plan; (ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan comprehensive plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan comprehensive plan; and (iii) Whether the proposed amendment reflects current widely held values of the residents of Jefferson County. (c) Additional Required Findings – Formal Site-Specific Amendments. In addition to the findings required in subsection (1)(b) of this section, to recommend approval of a formal site-specific proposal to amend the Comprehensive Plan comprehensive plan, the planning commission must also make the following findings: (i) The proposed site-specific amendment meets concurrency requirements for transportation in chapter 18.32 JCC and does not adversely affect adopted level of service standards the LOS for other public facilities and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services). (ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan comprehensive plan; (iii) The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; Page 14 of 14 (iv) In the case of a site-specific amendment to the land use map, the subject parcels are physically suitable for the requested land use designation and the anticipated land use proposed development, including, but not limited to, the following: (A) Access; (B) Provision of utilities; and (C) Compatibility with existing and planned surrounding land uses; (v) The proposed site-specific amendment shall not require changing the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole; (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan comprehensive plan; (vii) If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide Planning Policy for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. (d) Recommendation. The planning commission’s findings and conclusions shall include a recommendation to the board of county commissioners that the proposed amendment(s) be denied, approved, or approved with conditions or modifications.