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Memorandum...


TO:        Robert Schaub, Chairman
               Eatonville Planning Commission

FROM:  Mart Kask, AICP, PE
               Consulting Town Planner

SUBJECT:  Proposed Revisions to the Eatonville Municipal Code Chapter 17.55 – Concurrency
                      Management System and Chapter 17.60 – Impact Fees

DATE:         17 April 2008


At Issue

The Town Attorney, Edward Hudson, suggested that the Town updates the concurrency management and impact fee
chapters (Chapters 17.55 and 17.60) in the Eatonville Municipal Code, to bring them up to date with the state statutes and proven practices at municipal level.

Responding to the Town Attorney’s request, the Mayor commissioned Mart Kask to prepare the appropriate draft revisions to Chapters 17.55 and 17.60. Attached to this memo, please find draft revisions to the existing Chapter 17.55, presented in cross-out and underlined version. Further, attached to this memo, please find a draft of the total rewrite of Chapter 17.60. This means that the current Chapter 17.60 is to be deleted in its entirety form the Eatonville Municipal Code and the rewrite be substituted in its place. Please note that Chapter 17.60 has a number of appendices, which are either referenced or attached to the Chapter, in their entireties.


Public Hearing

Since the requirements for concurrency management and impact fees originate in the Growth Management Act, it is quite appropriate that the Planning Commission takes the lead in reviewing the draft chapters as a commission and also consults with the citizens of the community in a formal public hearing. Once having completed its review, the Planning Commission makes a recommendation to the Town Council as to approve, disapprove, or approve with amendments the two draft chapters (17.55 and 17.60).

Requirements

Concurrency requirements in planning and development are found in the Growth Management Act. The concurrency doctrine is found in RCW 36.070A.020(12) and reads as follows:

“Public Facilities and Services – ensure that those public facilities and services necessary to support development shall be adequate to serve development at the time development is available for occupancy without decreasing current service levels below the established minimum standards.”

“Public Facilities” are defined to include: streets roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreation facilities and schools.” “Public Services are defined to include: fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.”

Project level concurrency requirements are found in the platting statutes. No plat or short plat may be approved unless the approving authority makes written findings that “……appropriate provisions have been made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds ……” RCW 58.17.110(1)(a).

In order to make written findings that appropriate provisions have been made, a community must have standards against which the judgment can be measured (level of service standards). If a project causes local facilities to fall below local level of service standards, then the “appropriate provision” will be met by the developer by paying a fee in lieu of development (impact fee), or an agreement to participate in a local improvement district or other financing techniques designed to assure adequate facilities.

If the findings of adequate facilities can not be made, the project must be denied. The requirement for a finding of adequacy in any platting action brings the concurrency requirement into consideration.

 Recommended Action

Approve as presented ______

Approve with amendments ______

CC: Mayor Tom Smallwood
Town Attorney, Edward Hudson
Town Administrator, Gary Armstrong
Planning Director, Nicholas Bond
Town Clerk, Christal McGowan

Attachments: (Can be found at
http://www.s-lind.com/pc42108.pdf )
Draft B – Chapter 17.55 EMC
Draft B – Chapter 17.60 EMC
Appendix A Six-Year Transportation Improvment Program, 2008-2013
Appendix B Summary – Traffic Impact Fee Rate Study
Appendix C Park Impact Fee Rates
Appendix D School Impact Fee Rates
Appendix E Fire Impact Fee Rates

 

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