HomeMy WebLinkAboutLUA00-012 AFFIDAVIT OF PUBLICATION
Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the
SOUTH COUNTY JOURNAL
600 S. Washington Avenue, Kent, Washington 98032
NOTICE OF APPEAL HEARING
a daily newspaper published seven (7) times a week. Said newspaper is a legal RENTON HEARING EXAMINER
newspaper of general publication and is now and has been for more than six months RENTON,WASHINGTON
An Appeal Hearing will be held by the
prior to the date of publication, referred to, printed and published in the English language Renton Hearing Examiner at his regular
continually as a daily newspaper in Kent, King County, Washington. The South County meeting in the Council Chambers on the
Journal has been approved as a legal newspaper by order of the Superior Court of the onth floor oof City Hall,2000 Renton,tWashington- _ r
on February 22, at 9:00 AM to con-
State of Washington for King County. sider the following petition:
The notice in the exact form attached, was published in the South County CITY UNIVERSITY APPEAL
Journal not in supplemental form) which was regularly distributed to the subscribers AAD 00 012
(andpp g y Appeal of mitigation measures imposed
during the below stated period. The annexed notice, a on the proposed construction of an office
building, File No. LUA-99-151,SA-A,ECF._
Location:1000 SW 43rd St.
City Universal Appeal All interested persons to said petitions
are invited to be present at the Public
on: 2/11/00 Hearing. Questions should be directed to
as
publishedthe Hearing Examiner,425-430-6515.
Publication Date:February 11,2000
The full amount of the fee charged for said foregoing publication is the sum of$28.75, Published in the South County Journal
charged to Acct. No. 8051067. February 11,2000.7190
Legal Number 7190
1
egal Clerk, ou ounty ourn
Subscribed and sworn before me on this I b 'day of_C , 2000
e *Ai
os?' ' (11(.—
_,ne.
_'—' = Notary Public of the State of Washington
residing in Renton
%.' `• King County, Washington
Sent by: THE PERDUE GROUP 2Ofiti4y1145 uJ/ IA/uu Io; +o JUU Qca rays iri
CITY OF RENTON
tom.
"LL Hearing Examiner
Jesse Tanner, Mayor Fred J.Kaufman
February 14, 2000 (S'
4101R / 3City—
IL�J
U
4444
0441470
lNE7P
Shepherd Investing, Inc.
335 116th Avenue SE
I3ellevue, WA 98004
Re: Appeal of ERC's Determination re City University, File No. LUA99-1 5 1,SA-A
Appeal File No. LUA00 12,AAD 4 Oo-
Gentlemen:
Due to scheduling conflicts, the hearing regarding the above-referenced matter has again
been rescheduled. The hearing date is set for Tuesday, March 14, 2000, at 9:00 a.m. in
the Council Chambers on the seventh floor of the Renton City Hall.
Should you have any further questions, please contact this office.
TleSincerely, e'p
tAX" vV-L/Q
ailrjr `
Fred J. Kaucfnan ' �,P/rA 1� U�VI l w q
IIearing Examiner 1
i• pt, W
cc: Mayor Jesse Tanner
Jay Covington, Chief Administrative Officer
Larry Warren, City Attorney Peter Rosen
Uzs ySa-, 6 �Z �
1055 South Grady Way - Renton, Washington 98055 - (425)430-6515
®This paper contains 50%recycled mature',20%post consumer
CIT OF RENTON
%a l% Hearing Examiner
Jesse Tanner,Mayor Fred J.Kaufman
February 14, 2000
Shepherd Investing, Inc.
335 116th Avenue SE
Bellevue, WA 98004
Re: Appeal of ERC's Determination re City University, File No. LUA99-151,SA-A
Appeal File No. LUA00-%l2,AAD n 1
Gentlemen:
Due to scheduling conflicts, the hearing regarding the above-referenced matter has again
been rescheduled. The hearing date is set for Tuesday, March 14, 2000, at 9:00 a.m. in
the Council Chambers on the seventh floor of the Renton City Hall.
Should you have any further questions, please contact this office.
Sincerely,
Fred J. Kau man
Hearing Examiner
cc: Mayor Jesse Tanner
Jay Covington, Chief Administrative Officer
Larry Warren, City Attorney
Peter Rosen
1055 South Grady Way - Renton, Washington 98055 - (425)430-6515
4, CIT1 )F RENTON
Office of the City Attorney
Jesse Tanner,Mayor Lawrence J.Warren
MEMORANDUM
To: Fred Kaufman, Hearing Examiner
From: Lawrence J. Warren, City Attorney
Date: February 8, 2000
Subject: Appeal of ERC's Determination re City University
File No. LUA 99-151, SAL A
Appeal File No. LUA 00-42, AAD ego
I note that you have changed the hearing date on this appeal to February 22, 2000. I have plans to
be out of town that week. I have been specifically requested to handle this appeal, by staff, so I
cannot assign it to another member of my staff. Could you please continue the hearing to a later
date. As matters now stand,I do not see any other conflicts in my schedule on Tuesdays.
Lawrence J. W en
LJW:as.
cc: Jay Covington.
A8:171.30.
Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678
• This paper contains 50%recycled material,20%post consumer
•. CIT" OF RENTON
. 'ram.
Hearing Examiner
Jesse Tanner,Mayor Fred J.Kaufman
January 31, 2000
Shepherd Investing, Inc.
335 116th Avenue SE
Bellevue, WA 98004
Re: Appeal of ERC's Determination re City University, File No. LUA99-151,SA-A
Appeal File No. LUA00 X12,AAD 5/t 00 z.
Gentlemen:
Due to scheduling conflicts, the hearing regarding the above-referenced matter has been
rescheduled. The hearing date is set for Tuesday, February 22, 2000, at 9:00 a.m. in the
Council Chambers on the seventh floor of the Renton City Hall.
Should you have any further questions, please contact this office.
Sincerely,
Fred J. Kaufman
Hearing Examiner
cc: Mayor Jesse Tanner
Jay Covington, Chief Administrative Officer
Larry Warren, City Attorney
Peter Rosen
1055 South Grady Way - Renton, Washington 98055 - (425)430-6515
Cam)Thic naner cnntainc 50%rervcled material.20%oast consumer
CIT. OF RENTON
:.i Hearing Examiner
Jesse Tanner,Mayor Fred J.Kaufman
January 25, 2000
Shepherd Investing, Inc.
335 116th Avenue SE
Bellevue, WA 98004
Re: Appeal of ERC's Determination re City University, File No. LUA99-151,SA-A
Appeal File No. LUA00412,AAD -/ r
Gentlemen:
We received your appeal on January 24, 2000, and the hearing will be scheduled for Tuesday,
February 29,2000, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton
City Hall.
Should you have any further questions,please contact this office.
Sincerely,
\61)v-i\P—Qt--
Fred J. Kaufman
Hearing Examiner
cc: Mayor Jesse Tanner
Jay Covington, Chief Administrative Officer
Larry Warren, City Attorney
Peter Rosen
1055 South Grady Way - Renton, Washington 98055 - (425)430-6515
. -
((:-(:;_..) SHEPHERD GRgi.jr
Hearing Examiner
City of Renton
1055 South Grady Way CITY OF RENTON
Renton, WA 98055 ��
I (.,l-i,r/j
Subject: Appeal of Mitigation Measures
JAN 2 4 2000
City University CITY RECEIVED
S OFFICE
Project No. LUA-99-151,SA-A,ECF
To Whom It May Concern:
Having reviewed the January 6, 2000 notification letter signed by Peter Rosen, for the
Environmental Review Committee; Shepard Investing, Inc., the property owner requests an
appeal of the two mitigation measures imposed on the proposed project.
Thank you,
Shepherd Investinci. Inc.
•
335 116th Avenue SE • Bellevue,WA 98004• 425.643.2000• Fax 425.450.4655
- -.,
, .
, .
' .
. .,
NOTES
RECEIPT DATE
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1
2
3
BEFORE T HEARING EXAMINER
5 OF THE CITY OF RENTON, WASHINGTON
6 In Re: Appeal of Environmental Review NO. LUA-00412, AAD
Committee's Determination re City gb 00 O I L
7 University Appeal,
MOTION BY THE CITY OF RENTON
8 FOR A PARTIAL OR A FULL
DISMISSAL
9
10 Appellant.
11
12
I. FACTS
13
14 By appeal letter dated Jan y 24, 2000, the Shepherd Group appeals the
15 mitigation measures imposed on the City University Project. That appeal letter does not
16 disclose the basis for the appeal. The efore,the City files this motion to seek dismissal of
17 various legal theories that may be propounded by the appellant.
18
19
I . ISSUES
20
1. IS THIS APPEAL P ' MATURE PURSUANT TO RCW
21 43.21C.075(3)(b)?
22 2. SHOULD THE EXAMINER DISMISS ANY APPEAL ARGUMENTS
�3 BASED UPON THE LEGALITY OF THE TRAFFIC AND FIRE
24 j MITIGATION POLICIES?
25 3. ' SHOULD THIS APPEAL BE DISMISSED FOR FAILURE TO
APPRISE THE CITY OF THE BASIS OF THE APPEAL?
26
2?
28 ORIGINAL
MOTION BY THE CITY OF RENT N FOR A WARREN ;'A'' ''ER
PARTIAL OR A FULL DISMISSAL-- 1 DEAN 6 FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
II
1
III. ARGUMENT
2
1. IS THIS APPEAL P MATURE PURSUANT TO RCW
3 43.21C.075(3)(b)?
4 RCW 43.21C.075 entitled A peals sets forth the statutory rules under which
5 SEPA appeals may be brought. Secti n 3(b) of that statute indicates as follows:
6
"If any agency has a proce ure for appeals of agency environmental
7 determinations made under t ' chapter, such procedure:...
8 (b) shall consolidate an appal of procedural issues and of substantive
determinations made under t�s chapter (such as a decision to require
9
particular mitigation measure) or to deny a proposal) with a hearing or
appeal on underlying governmental action ..."
10
This appeal stands alone and s not coupled with an appeal of a substantive City
11
12 decision. Therefore, it is in violation of state statute and the Examiner is without
13 authority to hear this appeal.
14 2. SHOULD THE EXAMINER DISMISS ANY APPEAL ARGUMENTS
BASED UPON THE LEGALITY OF THE TRAFFIC AND FIRE
15 MITIGATION POLICIES?
16 The Hearing Examiner has no jurisdiction over the constitutionality of City
17
policy. The Examiner's appellate powers are granted under RMC 4-1-150.F. Those
18
19 powers do not include original jurisd ction to consider challenges to the constitutionality
20 of City environmental policy. The Waring Examiner's authority is defined in RMC 4-8-
21 110.E.1.c,that is:
22 "To that end, the Examiner s all have all of the powers of the office from
23 whom the appeal is taken ins far as the decision on the particular issue is
concerned."
24
The ERC, in imposing trans ortation and fire mitigation fees, is implementing
25
City Council policy as established by Resolutions Nos. 2913 and 3100 adopted as SEPA
26
27
28
MOTION BY THE CITY OF RENT N FOR A WARREN B 1']ER
PARTIAL OR A FULL DISMISSAL-- 2 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
1 substantive authoritypursuant to RM 4-9-070.N.2.c. Copies of the relevant resolutions
P
2
are attached hereto for the Examiner' reference and consideration.
3
4 The ERC, as an administrativ body of the City of Renton, is not in a position to
5 reject and ignore the policy statements made by the City Council. The City Council is
6 the official policy body of the City lbf Renton and the Administration has the duty to
7 implement the policy decisions mad by the City Council. Since the ERC is without
8 authority to ignore the traffic miti ation policy and the fire mitigation policy, the
9 Examiner is without authority to i nore those policies on appeal. Therefore, any
10
argument made by appellants tha the policies, as applied to this project are
11
12 unconstitutional or illegal, must be rejected by the Examiner as being arguments that are
13 outside his authority to consider.
14 3. SHOULD THIS APPEAL BE DISMISSED FOR FAILURE TO
APPRISE THE CITY OF THE BASIS OF THE APPEAL?
15
16 This appeal should be dismiss-d for failure to state grounds for the appeal.
17 The appeal letter in this matt-r does nothing more than appeal the transportation
18 and fire mitigation fees applied by th- ERC. There is no basis stated for this appeal. This
19 failure is a fundamental violation of .ue process in that it fails to notify the City of the
20 grounds and reasons for this appeal. The City is left to speculate. This failure results in
21
the City having to file this motion an• to guess at the grounds for the appeal. The lack of
22
?3 grounds in the appeal letter likely will result in the City being surprised at the tenor and
24 direction of the appeal when it is heard before the Examiner. The appellant should not be
25 allowed to gain an advantage by filing a cryptic appeal letter containing no basis for the
26 appeal.
27
28
MOTION BY THE CITY OF RENT I N FOR A WARREN BA 'ER
PARTIAL OR A FULL DISMISSAL-- 3 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
l00 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255-8678 • FAX(425)255.5474
1 IV. CONCLUSION
2
For the reasons stated hereinabove the City moves for dismissal of all or part of
3
4 this appeal.
5 DATED this 9th day of March, 2000.
6 Respectfully submitted,
7 WARREN, BARBER,DEAN&
8 FONTES,P.S.
9
10
Lawrence J. Warren, W A#5853
11 , Attorney for City of Renton
12 3.29:23:as.
13
14
15
16
17
18
19
20
21
22
23
2u
25
26
27
28
MOTION BY THE CITY OF RENTON FOR A WARREN BA
PARTIAL OR A FULL DISMISSAL --4 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
11111, VV iVVV r� .ry '_. --
, CITY OF RENTON, WASHINGTON
RESOLUTION NO. 2913
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING
A FIRE MITIGATION FEE AND DECLARING IT A SEPA POLICY.
WHEREAS, the City of Renton has a Fire Master Plan; and
WHEREAS, the city presently has sufficient personnel and
equipment to serve the City of Renton' s basic fire needs, with the
exception of certain discrete areas of the city; and
WHEREAS, new development is quickly eliminating the capacity
of the city to meet the response times of the Fire Master Plan; and
WHEREAS, the City Council has been presented with a Fire
Mitigation Fee Policy which seeks to impose on new development that
portion of the cost to continue to meet the Fire Master Plan
response times, but only that portion attributable to new growth;
and
WHEREAS, the fire training site at North Bend has been closed
and there is no assurance of adequate training facilities
elsewhere.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and
correct in all respects.
SECTION II. The City Council of the City of Renton hereby
adopts the Fire Mitigation Fee Policy which is attached hereto as a
policy of the City of Renton.
SECTION III . The City Council of the City of Renton adopts
the Fire Mitigation Fee Policy as, a SEPA policy.
1
2913
ESOLUTI N NO.
SECTION IV. The City Council directs the staff and
administration to utilize this policy as guidance in mitigating the
environmental effects of new development. However, should any
applicant refuse to avail itself of this Fire Mitigation Fee
Y►
Polic then the city staff anci administration shall independently
analyze the environmental impacts of the proposed development on-
the fire service. Likewise, should the staff reviewing a project
determine that there are specific attributes of the project that
make this mitigation policy inadequate or unworkable, then the
staff is authorized to require additional studies and/or
environmental review and to impose mitigation outside the scope of
this policy.
PASSED BY THE CITY COUNCIL this jilluiday of July ►
1992 .
Marilyn etersen, City Clerk
APPROVED BY THE MAYOR this 20th day of July ►
1992 .
E 1 ymer, M or
Approved to form:
Lawrence J. War n, City Attorney
RES .222 : 7/10/92
2
1 u u♦ VV 'LVVV AL--S -- -- 1\6.11 VIl '._ I I VLLI\I\ VI t,. _ "' _ 1 •VJ/ lC)
FIRE MITIGATION FEE (F.M.F. ) POLICY
Introduction: This Fire Department mitigation fee policy as
prepared shall constitute a S . E. P. A. policy as adopted by the
City of Renton, City Council,.
1. Basic premise. Except for those discreet areas of the city,
there is presently sufficient personnel and equipment to serve the
City of Renton' s basic fire needs . Response times of fire
apparatus to areas located nearby existing fire stations continue
to be adequate, while the more outlying areas suffer from slower
response times . One basic measure of the adequacy of fire service
is fire response system ( equipment and personnel) and the proximity
of the call to a station . As the city continues to develop,
capacity is consumed requiring additional capacity to be provided.
A property near an existing fire station already has the benefit of
the proximity to the station, but would benefit from increased
capacity. A property more remote from an existing fire station
would benefit both from expanded capacity and from construction of
a closer fire facility.
2 . Universal contributions. Those parties developing close to
existing, fire stations should contribute to a fire mitigation fund
because they are using capaciy that would otherwise serve more
distant development. As close 31.n properties develop, they restrict
the capacity of the fire department to answer calls in a timely •
manner to those properties located farther out, and thereby
necessitate the development of additional fire stations . Those
parties developing in more outlying areas shall contribute a fire
mitigation fee because the capacity of the system must be increased
to serve the property as in4ll occurs, and construction of
additional fire facilities in close proximity will improve response
times closer to existing fire stations. _ Any substantial remodel of
a residential or commercial stricture or any conversion in use such
that the gross square footage [of the building will be increased
will trigger and additional fire mitigation fee based upon the
differential increase in the square footage or number of dwelling
units.
•
Exception: Single Family residential property will be exempted
from any' added mitigation in the case of remodel .
3 . Assumptions, Components anc Categories.
A. Current City Boundaries: As a point of reference, the
city boundaries at the time of adoption of this policy
shall be used 'as a determinant or benchmark as to the .
extent capacity of service according to the Fire Master
Plan.
•
B. Property Categories : For the purpose of simplicity
developed and develop ble properties are categorized into
3 basic property groups, Commercial, Multi-family
residential and Single Family residential . Commercial
1
property shall be hose property uses that would
otherwise be classified as industrial, business, retail
n sales and services, whlolesale sales and storage.
C. Capital Improvements and Expenditures : The Fire Master
Plan has identified a number of necessary capital
improvements and expenditures . The addition of two new
fire stations, relocation of an existing station,
construction of a fire training facility, acquisition of
fire vehicles and increases in staffing levels have been
specifically identified (see appendix A) .
D. Fire Department Service Levels : The Fire Department
service levels to the property categories identified in
section 3B shall be u ed as a customer classification in
which to measure the extent of service provided for both
Fire and Aid responses and to determine that portion of
capital expenditures and improvements to be used as a
base line for determining fees ( see appendix B) .
3 . Construction, Equipment and Staffing 'Costs. The projected'
costs of; Capital Expenditures alnd Improvements will be the basis
for determining the construction, equipment, and staffing costs
(C.E.S . ) ' to be used in calcul ting the mitigation fee for each
categoryl (see appendix A) .
4. Existing Property Use Data. The Planning divisions
calculations of existing single family and multi-family dwelling
units and their estimation of square-footage of existing
commercially developed properties will be used in the respective
formulas ! as constants (see appendix C) .
5. Review and Adjustment. Bi-annually the C.E. S. and fire
department service levels by ca egory will be reviewed to determin e
the validity of the calcula ions used and an adjustment if
necessary will b'e .made and through the adoption process .
6. Methodology Application. New projects when proposed and upon
building; permit application shall have there fire mitigation fee
category determined and the appropriate fee calculated by applying
the respective Methodology.
A. Commercial Properties :
F.M.F. _ (Proposed Gross Sq. Footage) X (37% C.E. S•. )
(Total Existing Commercial Property Sq. Footage)
B. Multi-Family Properties:
•
F.M.F. = (Proposed Number of Dwelling Units ) X (28% C.E. S . 1
(Total Number of Existing Multi-Family Dwelling
Units) .
C. Single Family Properties
I
1 2
•
F.M.F. = (Proposed Number of Dwelling Units ) X (35% C.E. S)
(Total Number o Existing Single Family Dwelling
Units)
Examples of how these formulas are to be applied can be found
in appendix D.
7 . Fee ' Payment Policy. Payment of the fire mitigation fee will
be made at the time the buildiig permit is issued, as one of the
demand for structural fire fighting and, aid unit support begins at
the construction phase. Fees will be calculated by the Fire
Prevention Division and collected by the Building Division. All
funds will be held by the Finance Department and accounted for
separately according to the Fir Department capital improvement and
expenditure needs .
8. City Participation. The e is currently an_ unmet need in
t
Renton for fire service. The C'Ity of Renton plans o contribute to
capital improvements and staffing to meet that current unmet need.
While the exact amount of that contribution is difficult to
calculate, the city plans to meet those needs by taking the
following actions :
A. Expending funds to supplement for loss of collections
under this policy. Estimates are never fully realized
from development.
B. 1 Paying for those inst nces in which actual costs exceed
estimates .
C. Paying for unanticipated costs .
D. Advancing money, when necessary, to build improvements
when sufficient funds have not been accumulated.
r
E. Making outright city. contributions .
F. Managing the system and contributing staff time, design
time, engineering time and other city services .
G. Providing ongoing ma agement of the fire mitigation
system.
H. ' Funding staffing after the three year time period
addressed in this policy.
I . , Paying funds due to underestimation of fees required from
' new construction as fee calculations are based on
existing development rather than just new development.
CITY9 : 29 : as .
3
PPENDIX *A*
CAPITAL IMPRO EMENTS AND EXPENDITURES
The following is a list of items contained within the
Capital Improvement Plan for the City of Renton regarding
future Fire Department n eds as identified by the Fire
Master Plan.
;Construction:
Valley Station #14 and Tlaining Center 4,742 , 000
(Less 2 . 5 million rec eiv a from Metro Mitigation) 2 , 242 , 000
Ke;nnydale Fire Station and Station #12 Relocation 3 , 716, 000
Eq'� P ui ment:
Acquisition and replacem nt of Capital Fire Apparatus.
3 First Run Pumpers @ $225 , 000 over 7 years 96, 500
3 Reserve Pumpers @ $225, 000 over 15 years 45, 000
• 1 Aerial Ladder Truck @ $650, 000 over 10 years
65, 000 .
4 Aid Units @ $65, 000 over 7 years 37, 000 •
Staffing:
Costs for additional fire fighters to staff new fire
stations and to bring staffing to Fire Master Plan
recommended levels for 3 years. Three years is used, as it
takes three years before new construction is added to the
tax roles. • These costs have been determined using 1991
dollars. -
•
54Fire Fighters 7, 200, 000
C.E. S. Total ..Costs 13 ,401, 500
fmfapdAl
A PENDIX *B*
1990 FIRE DE ARTMENT SERVICE LEVELS
Calls to identified Property Categories .
Total calls for service 5381
Less Outside or !'in the street" calls 1228
Total calls to identified Property Categories 4153 1000
Commercial Calls for assistance 1558 37%
Multi-family Calls for assistance 1145 28%
7
Single Family Calls for assistance 1450 35%
•
_- _. NIL ORANDUM
APPENDIX C
DATE: September 17, 1991
TO: Jim Matthew, Deputy Fir Chief •
THROUGH: Mary Lynne Myer, Principal Planner rn
FROM: Mike Kattermanrr` enior Planner, ext. 6190
SUBJECT: Land Use and Housing Data
As your request, following is the best available data we have on housing units and
commercial.and industrial land use in the city. •
The 1990 Census counted a total of 19,243 housing units in Renton as of April 1, 1990. A.
breakdown of the housing types is not }het available from the Census. The city's estimate as of
April 1 1991, based on building permits issued (though not all have necessarily been built)
.since the census indicates a potential total of 20,125 dwelling units. Using the relative
percentages of housing types established from earlier data, the housing stock is 49% single.
family; 48% multi-family, and 3% mobille homes.
Housing Type % of Total # of Units
Single Family 49.0% 9,861
Multi-family (includes duplex) 48.0% 9,660
Mobile,Home • 3.0% 604
100.0% 20,125
•
Another request was for the total acreage in,the city developed as commercial or industrial.
Based on data in the Community Profile (Oct. 1989), the city had a total of 10,304 acres, of
• which 2,200 acres (about 21%) was developed as commercial or industrial.
Finally, you also asked how many acres are available for development as commercial or
industrial. Again, based on the 1989 Community Profile, the city had 2,294 acres of vacant
land. ;Of that, 26.1%, or 599. acres, was.available•for commercial or industrial development. It
is important to note that this figure dos not include lands which would have to be taken out '
for protection of critical areas. . .
I hope' this information meets your needs. Additional 1990 Census data should be available in
the next couple of months and we are currently working on updating our vacant lands
information. Please check back with me in about a month and I should have more up-to-date
information.
• cc: Lynn Guttmann • ?
Kay Shoudy RR IS UO 'c ..I] '._I`
��: •l 8 poi .
- cry crry OF RENxON
• - ME ORANDUM •
DATE: , October 7 , 1991
•
TO: Jim Matthew, Deputy Fire Chief
THROUGH: Mary Lynne Myer,1Principal Planner.
FRoM:' Mike Kattermann4nior Planner, ext. 6190 •
1
SUBJECT: Land Use Data
•
As you requested, I have prepared the following information on
the amount of developed commercial/industrial square footage in
the city.
The data used are from the 1988 King County Assessor files and
the 1989 Business License files . These data were compiled and
analyzed for use in the 1990 transportation study conducted by
Barton-Aschman Associates . We are in the process of evaluating
more' recent data from these two sources and putting it into a
usable form, but that will probably not be ready before the end
of this year. In addition, we will make acreage/square .footage
comparisons at that time.: Any comparison made prior to that
• evaluation being complete would not necessarily be accurate.
Please contact me if you need to make any comparisons between
these figures and any other data. I will send you the updated
information as soon as it is ready.
The total building area in commercial and industrial use in the
city for 1988 was 9 , 476, 763 square feet. That figure. excludes
public schools, churches , and government uses . These uses
constitute another 472, 475 square feet.
As I; mentioned on the telephone, the figures are dated but they
are the best_ we have available at this time . I hope this
information will be helpful. in your project. Please let me know
if you have any questions about these figures or .if you need
additional information.
•
cc: ' Lynn Guttmann •
• . Kay Shoudy .
••I•I J.C.• IJ I 1I WI V L I SrLVI\I\ VI N..• 1 a .L
•
A$PENDIX *D*
EXAMPLE APPLICATIONS OF FIRE MITIGATION FORMULAS
Example 1. Proposal to develop 100, 000 square foot office
building.
F.M.F. _ (Proposed Gross Sq. Footage) X (37% C. E. S. )
(Total Existing Commercial Property sq. Footage)
F.M. F. = 100 , 000 X . 37 ( 13 , 401,500)
9, 476, 763
F.M.F. = 100 , 000 X 4 , 958 , 555
9, 476, 763
F.M. F. = 100, 000 X . 52
F.M.F. = $52, 000
Example 2. Proposal to develop 150 unit apartment.
F.M.F. = (Proposed Number of Dwelling Units) X (28% C. E. S. )
(Total # of Existing Multi-family Dwelling Units)
F.M.F. = 150 X . 28 (13, 4011500)
9, 660
F.M.F. = 150 X 3 ,752 ,420
9, 660
F.M.F. = 150 X 388
F.M. F. _ $58, 200
Example 3. Proposal to build one single family home.
F.M.F. = (Proposed # of Dwelling Units X (35% C. E. S. )
(Total # of Existing Single Family Dwelling Units)
F.M.F. = 1 X . 35 (13 ,401,500)
10,465
F.M.F. = 1 x 4, 690, 525
10, 465
F.M. F. = $448
fmfa,pdD1
TOTAL P. 10
'i ,EIBIOVE
NAR 13 auuu
1
2 OF RENTON
HEARING EXAMINER
3
4 BEFORE T HEARING EXAMINER
5 ; OF THE CITY 07 RENTON, WASHINGTON
6 In Re: Appeal of Environmental Review NO. LUA-OP0; AAD 00
Committees Determination re City
7 University Appeal, BRIEF OF THE CITYOF RENTON IN
8 SUPPORT OF THE MITIGATION FEES
IMPOSED BY THE
9 ENVIRONMENTAL REVIEW
COMMITTEE
10 Appellant.
11
12 I. FACTS
i3 j City University has planned an expansion of its facility at 919 S.W. Grady Way, a
14 site located along one of the busiest transportation corridors in the City of Renton. The
15 J
Environmental Review Committee (E C), the responsible public official under the State
16
Environmental Policy Act (SEPA), conditioned the project upon payment of the
17
18 appropriate fire mitigation fee and ayment of the appropriate traffic mitigation fee.
19 From the imposition of those fees, Sh pherd Investing, Inc., ostensibly the representative
20 of the owner, has appealed. The City has previously made a motion to dismiss a portion
21 or all of this appeal based upon various grounds, but uses this brief to argue that the fees
22 are legitimate and warranted.
23
II. ISSUES
24
1.i CAN THE EXAMINER CONSIDER INFORMATION OTHER THAN THAT
25 j WHICH WAS BEFORE THE.ERC?
26 2.' DOES THE EXAMINER OR STAFF HAVE AUTHORITY TO IGNORE SEPA
27 POLICIES ESTABLISHED BY THE CITY COUNCIL?
28 r ORIGiNAL
WARREN BA,':;:E,,
BRIEF OF THE CITY OF RENTON - 1 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
!co SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
1 3. IS THE CITY REQUIRED UNDER TRANSPORTATION CONCURRENCY
2 UNDER THE GROWTH (MANAGEMENT ACT (GMA) TO IMPOSE
TRAFFIC MITIGATION AND AUTHORIZED UNDER SEPA TO IMPOSE
3 I BOTH FEES?
4 4. DOES APPELLANT HAVE AUTHORITY TO CHALLENGE THE
5 CONSTITUTIONALITY OR LEGALITY OF THE SEPA MITIGATION FEES
BEFORE THE HEARING EXAMINER?
6
5. IF THE EXAMINER HAS JURISDICTION TO CONSIDER
7 CONSTITUTIONAL OR LEGAL ARGUMENTS CONCERNING THE
8 MITIGATION FEES, CAN AIPPELLANT CARRY ITS BURDEN OF PROOF?
9
III. ARGUMENT
10
11 1. CAN THE EXAMINER CONSIDER INFORMATION OTHER THAN THAT
12 WHICH WAS BEFORE THE ERC?
13 This appeal is from a decision of the ERC. As in all appeals, the appellate body,
14 inthis instance the Hearing Examiner must review the same record as the one which was
15 before the deciding body. One cannot question the wisdom of a body's decision, and
16 then present new information which was not before that body. Therefore, the Examiner
17
must limit his considerations to the record which was before the ERC.
18
It is the established rule that the Examiner must give substantial weight to the
19
20 decision of the ERC, Renton Municipal Code(RMC) section 4-8-110.E.7.a.
21 It is impossible to give the decision of the ERC substantial weight and at the same
22 time consider new evidence. Therefore, no new information should be presented in the
23 record, and the Examiner should be limited to considering information in the record
24 which was before the ERC.
25
26 2. DOES THE EXAMINER OR STAFF HAVE AUTHORITY TO IGNORE SEPA
27 POLICIES ESTABLISHED BY THE CITY COUNCIL?
28
WARREN BA 1ER
BRIEF OF THE CITY OF RENTON - 2 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
1
The Examiner must enforce the transportation and fire mitigation policies as
2
established by the City Council.
3
41 The Renton City Council, pur uant to RMC section 4-9-070.N.2.c, has adopted as
5 substantive SEPA authority, amongs other things, the traffic mitigation resolution and
6 fee and the fire mitigation resolution and fee. Therefore, these policies and fees are
7 established as substantive SEPA authority.
8 According to the separation of powers doctrine, the administrative branch of
9
government is to enforce the policies established by the legislative body. City staff,
10
including the ERC, is without authority to ignore or refuse to apply policy established by
11
12 the City Council. Therefore, the transportation mitigation fee and the fire mitigation fee
13 must be applied to projects according to the terms of the underlying policies. There is no
14 argument that can be made that this project is exempt from either fee.
15 ' Since the Hearing Examiner's appellate authority, pursuant to RMC section 4-8-
16 110.E.4.a, is the same as the authority of the underlying body, in this case the ERC, the
17
Examiner likewise cannot ignore or refuse to apply the policies.
18 '
19 3.1 IS THE CITY REQUIREDL ER TRANSPORTATION CONCURRENCY
UNDER THE GROWTH MANAGEMENT ACT. (GMA) TO IMPOSE
20 ' TRAFFIC MITIGATION AND AUTHORIZED UNDER SEPA TO IMPOSE
BOTH FEES?
21
According to the GMA, the City must impose the transportation mitigation fee,
22
23 and both the transportation mitigation fee and fire mitigation fee are authorized under
24 SEPA.
25 The City of Renton is requir d to plan according to the GMA, Chapter 36.70.A
26 RCW. As part of its planning effort, the City is required to adopt a Transportation
27 Element which includes, amongst other things, level of service standards, identification
28
WARREN BARBER
BRIEF OF THE CITY OF RENTON - 3 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
I00 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
1 of system expansion needs and, perhaps most importantly, a system to finance
2
improvements identified in the Comprehensive Plan. According to RCW
3
4 36.70A.070(6)(e), the City must a o adopt and enforce ordinances which prohibit
5 development approval if the development causes a level of service on the transportation
6 facility to decline below the standards adopted in the Transportation Element of the
7 Comprehensive Plan.
8 . The City of Renton has taken a somewhat novel approach to the level of service
9
standards. The City has developed a travel time contour concept that does not focus on
10
11 any one intersection or mode of transportation, but rather focuses on the entire City and
12 all modes of transportation. However, the entire system is based on the premise that the
13 transportation mitigation fees are p id and that they may be accumulated and used
14 anywhere within the system for syste l improvements. At the point when the travel time
15 contours policy is violated, all develo went within the City must stop.
16
Key to the financing plan is that new development pay its proportionate share of
17
the cost of new transportation improvements. Appellant's project is being asked to do
18
19 exactly that by application of the t ansportation mitigation fee. There is no logical
20 principled reason why this developm nt should be singled out to be exempt or to avoid
21 the fee when others are required to pay the fee. There is no question that this
22 development contributes to the transportation deficiencies of the City of Renton
23 transportation system and it should pa its fair share.
24 1
SEPA, Chapter 43.21 C RCW, is implemented by the Washington Administrative
25
Code (WAC) Chapter 197-11. WAC 197-11-444 lists elements of the environment.
26
27 Included within elements of the environment as section 2.c, is Transportation, and 2.d.i,
28
WARREN BA r 1ER
BRIEF OF THE CITY OF RENTON - 4 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255-8678 • FAX(425)255.5474
1 Fire. Therefore,the subject of this pr ject's impact on the transportation and fire systems
2
of the City of Renton are appropriately analyzed by the responsible public official under
3
4 SEPA, in this case,the ERC.
5 As previously explained in this brief, the City has chosen to prepare certain
6 policies and fee schedules to proviAe a basis for the ERC to impose mitigation fees.
p g
7 Under the record before the Examiner, there is no other basis upon which to mitigate the
8 impacts of this project on transportation and fire, other than the mitigation fees imposed,
9 and now under appeal. If this appeal 's successful appellant's project will have identified
10
environmental impacts that are not mitigated. At best, if appellant prevails in this appeal,
11
12 appellant can hope for a remand tote ERC. At worst, approval must be denied under
13 GMA for failure of transportation concurrency.
14
4. DOES APPELLANT HAVE AUTHORITY TO CHALLENGE THE
15 CONSTITUTIONALITY OR LEGALITY OF THE SEPA MITIGATION FEES
16 BEFORE THE HEARING EXAMINER?
17 The Examiner has no jurisdiction to consider a constitutional or legal challenge to
18 the mitigation fees only to their appli ation. Although the Examiner is sitting as a quasi
19 �judicial officer, the Examiner is not granted general jurisdiction. Rather, the Examiner's
20 role is created by statute and City ordinance. A review of the ordinance creating and
21
empowering the Examiner does not show that the Examiner has any jurisdiction
22
23 whatsoever to consider constitutional or legal challenges to established City policy.
24 What is more, the Examiner's role in considering an appeal from an administrative
25 decision is limited by RMC section 4-8-110.E.7.b. While that section does indicate that
26 the Examiner has authority when a d cision is in violation of constitutional provisions,
27
that relates to the decision itself rather than the constitutionality of a policy upon which
28
WARREN BA i'' ,CER
BRIEF OF THE CITY OF RENTON - 5 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255-8678 • FAX(425)255.5474
• II -
1 the decision may be based. Finally, his appeal is from the imposition of the mitigation
2
fees, and not of the constitutionality o legality of the policies themselves.
3
j Appellant may be raising a net s or rough-proportionality challenge to the City's
4
5 mitigation fees. The rough propo ionality test was applied in Nolan v California
6 Coastal Comm'n, 43 U.S. 825 (198 , while the rough-proportionality test was imposed
7 by Dolan v. City of Tigard, 512 U. . 374 (1994). However, the U.S. Supreme Court
8 recently took the opportunity to clan' those two tests. See City of Monterey v. Del
9 Monte Dunes, 119 S.Ct. 1624. In t case the court made the following statements:
10
"... we have not extended the rough-proportionality test of Dolan beyond
11 ' the special context of exactio -land-use decisions conditioning approval
12 of development on the dedication of property to public use. See Dolan,
supra, at 385; Nollan v. Cali ornia Coastal Comm'n, 43 U.S. 825, 841
13 (1987). The rule applied in Dolan considers whether dedications
demanded as conditions o development are proportional to the
14 development's anticipated im p acts. It was not designed to address, and is
not readily applicable to, the much different questions arising where, as
15 ' here,the landowner's challen a is based not on excessive exactions but on
denial of development. e believe, accordingly, that the rough-
16 proportionality test of Dolan i inapposite to a case such as this one."
17
Appellant may be relying up n the Washington state case of Benchmark v. City
18
19 of Battle Ground; 94 Wn. App. 537, 972 P.2d 554 (1999). In that case the Court of
20 Appeals for Division II did apply nexus and rough-proportionality test to off-site
21 improvements, specifically to a re uirement that the developer make certain road
22 improvements as a condition of plat pproval. However, that case supplies no authority
�3 fo r appellants. Benchmark was de 'ded on March 12, 1999, while Del Monte Dunes
24 was decided on May 24, 1999. I light of the more specific U.S. Supreme Court
25
authority, contrary to the BenchmaiJ case, the Washington State Supreme Court, in a
26
27 petition for review, granted the petiti n and remanded the case to the Court of Appeals to
28
WARREN BARBER
BRIEF OF THE CITY OF RENTON - 6 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
1 consider the case in light of the Del Monte Dunes decision. See notation of grant of
2
petition of review contained at 138 Wn.2d 1008.
3
4 Subsequently, Division II of the Court of Appeals decided Isla Verde
5 International Holdings,Inc. v. Canuis —Wn.2d (1999) in which the court again
6 applied the nexus-rough-proportional ty test. However, the court limited its decision to a
7 requirement that the developer set ide certain property for open space. Although the
8 open space was to be maintained in o ership of the homeowner's association, the court
9 still found that this was similar to a government required dedication, and so found that the
10
nexus-rough proportionality test wa violated. It is believed that this case is under
11
12 request for review to the Washington State Supreme Court. There is no case in
13 Washington which holds that the nexus-rough-proportionality test applies to mitigation
14 fees.
15 5.1, IF THE EXAMINER HAS JURISDICTION TO CONSIDER
16 CONSTITUTIONAL OR LEGAL ARGUMENTS CONCERNING THE
MITIGATION FEES, CAN APPELLANT CARRY ITS BURDEN OF PROOF?
17
Even if the nexus-rough-pro rtionality test is applied to the transportation and
18
fire mitigation fees, they easily pass hose tests. There is no doubt that this construction
19
20 project will have impacts on both he transportation and fire systems of the City of
21 Renton. According to the decision o page 3, section 4, this project will generate 440.5
22 new average daily transportation trip . As the Examiner is well aware, the Grady Way
23 corridor is extremely congested, and o these new trips will have definite impacts on that
24 corridor. The transportation mitiga ion fee is roughly proportional in that the policy
25
calculates the new transportation im rovements necessary to handle growth, calculates
26
27 the number of total trips from new growth, and then assigns a per trip fee to new growth.
28
WARREN BA
BRIEF OF THE CITY OF RENTON - 7 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
100 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255-8678 • FAX(425)255.5474
1 The number of new average daily tri s for a project is then multiplied by the fee per trip
2
to.generate a total mitigation fee. Therefore, this new growth pays only its proportion of
3
4 the expenditures required to meet the impacts of all new growth. Similarly, the fire
5 mitigation fee operates on the premise that the level of service in the City was acceptable
6 at the time the policy was established, but that new growth in the City steadily erodes the
7 ability of the fire department to respond to fire and emergency medical needs. Growth
8 will require new fire stations, new equipment, and the staffmg of those facilities. In
9
general, real estate taxes for growth will pay for the capital and staffing needs. However,
10
one of the highest incidents of calls to the fire department are for fire and emergency
11
12 medical calls associated with construction of a new facility. Despite the fact of this high
13 usage, there is no increase in the property taxes sufficient to pay for capital and staffing.
14 The new construction has an impact for which there is no funding, and so the City was
15 trying to cover the gap between the point in time when the call for services would
16 commence and the point at which the property hit the property tax rolls. The City
17
determined that this time period is generally three years. The fire mitigation fee is based
18
19 on the number of square feet of a commercial establishment divided into the total square
20
footage of such planned new development. This number is then multiplied by the capital
21 and staffing costs for the three year period of time. Again, the calculations are roughly
22 proportional to the impacts.
�3 IV. CONCLUSION
24
For the reasons stated hereina.ove the appeal should be denied.
25
26
27
28
WARREN BA 1' 1 ER
BRIEF OF THE CITY OF RENTON - 8 DEAN&FONTES, S.
ATTORNEYS AT LAW
I00 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON,WASHINGTON 98057
PHONE(425)255-8678 • FAX(425)255-5474
1
DATED this q day of March, 2000.
2
Respectfully submitted,
3
WARREN, BARBER, DEAN&
4 FONES, P.S.
5
6
awrence J. Warren, #5853
7 3.29:24:as. Attorney for City of enton
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WARREN BARBER
BRIEF OF THE CITY OF RENTON - 9 DEAN&FONTES, P.S.
ATTORNEYS AT LAW
I00 SOUTH SECOND STREET • POST OFFICE BOX 626
RENTON.WASHINGTON 98057
PHONE(425)255.8678 • FAX(425)255.5474
0
•
CITY OF RENTON, WASHINGTON
RESOLUTION NO. R100
A RESOLUTION OF THE CITY pF RENTON, WASHINGTON, ADOPTING
THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN AND
ADOPTING A TRAFFIC MITIGATION FEE.
WHEREAS, the City of Renton has the authority to. require that
transportation impacts be mitigated under SEPA; and
WHEREAS, the Growth Management Act requires that the City of
i
Renton adopt a Comprehensive Plan, including a Transportation
Element, by December 31, 1994;
WHEREAS, this Transportation Element must include certain
sub-elements including Arterial, Transit, Non-Motorized, HOV,
Freight, a LOS policy, a Mi.igation policy, and a Concurrency
policy; and
WHEREAS, the City of Renton adopted an Interim Transportation
Element of the Comprehensive Plan on December 20, 1993, as a
working document; and
WHEREAS, the working document has been updated to provide
additional details for the mitigation sub-element; and
WHEREAS, this mitigation sub-element is consistent with the
City' s , SEPA policy, the Growth Management Act, county-wide
policies, Renton Draft Comprehensive Plan, the regional 2020
Vision, the City' s Commute (Trip Reduction. program, and ISTEA
programs; and
WHEREAS, the mitigation flees of the mitigation sub-element of
the Transportation Element of the Comprehensive Plan are based on
the completion of certain facilities under previous mitigation
programs;
1
RESOLUTION NO. 3100 ~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
SECTION I . The above recitals are found to be true and
correct in all respects .
SECTION II. The City adopts the Transportation Element
including the mitigation sub-element under the City' s SEPA
authority as a document that meets both SEPA and Growth Management
parameters .
SECTION III . The City adopts a traffic mitigation fee of
$75 . 00 per vehicle trip as calculated by the methodology from the
City of Renton Transportation Mitigation Fee Support Document
dated August 1994 and supplemented December 1994 . This fee
applies to all new development that is subject to SEPA review.
This fee shall not relieve the new development from providing site
specific mitigation required to serve the property.
SECTION IV. The traffic mitigation fee will be readopted
as a fee under the Growth Management Act and reviewed periodically. .
thereafter. ' When readopted the legislation will include such
topics as credits, donations and other factors to be considered to
diminish this fee. The readopted legislation will also make '
provisions for annual increases in the fee to adjust for inflation
and any transportation plan changes required; to meet Renton' s LOS
Policy.
SECTION V. The City Council directs the staff and
administration to utilize this 'policy as guidance in mitigating
the environmental effects of new development. " However, should any
applicant refuse to avail itself of the Traffic Mitigation Fee
2
ESOLUTIO NO. 3100
Policy, then the City staff an administration shall independently
analyze the environmental impacts of the proposed development on
the traffic facilities of the City. The City staff may require
the applicant to prepare studies for the City to assist it in such
independent analysis . Mitigation would then be imposed on the
basis of the independent analysis . Likewise, should the staff
reviewing a project determine that there are specific attributes
of the project that make this traffic mitigation policy inadequate
or unworkable, then the staff is authorized to require additional
studies and/or environmental review and to impose traffic
mitigation outside the scope of this policy.
SECTION VI . The administrative staff is also authorized
and directed to apply the trip mitigation fee in an equitable
manner, to negotiate fees under this policy in a manner that
utilizes sound engineering and legal principles, and to coordinate
and cooperate with developers and property owners to utilize sound
planning and engineering practices which reduce daily trips and
thereby reduce the need for transportation mitigation.
SECTION VII. : The City rescinds the previous Transportation
Benefit Zone (TBZ ) mitigation ordinances, but no refunds of those
fees are proposed as those fees are or soon will be fully
committed or expended.
SECTION VIII. For those developments that produce a much.
higher than average sales tax revenue to the City, or will provide
a high number of well paying jobs, the staff will request
authorization from the City Council to negotiate an equitable
adjustment in the transportation mitigation fee, which equitable
3
.ESOLUTION NO. 3100 `-
by the City Council . It is understood that the City Council will
have to set aside a portion of the tax revenue from the project or
find other funds within the municipal budget to make up the funds
lost through the equitable adjustment.
PASSED BY THE CITY COUNCIL this 19th day of December
1994 .
Marilyn 40 ersen, City Clerk
APPROVED BY THE MAYOR this 19th day of December ,
1994 .
(atfrio
Richard M. Stredicke, Mayor pro tem
Approved as to form:
Law nce J. Warr , City Attorney
RES.414 : 12/13/94 .
4
•
&to
•
CITY OF RENTON
TRANSPORTATION MITIGATION FEE
SUPPORT DOCUMENT
Prepared by:
Transportation Systems Division
Me Wilson, Director
Sandra Meyer, Transportation Planning Manager
Bob Mahn,hn, Project Manager
Steve Rolle! Transportation Engineer
August, 1994
Supplemented December 5, 1994
This document is printed on 50%post-consumer waste recycled paper.
TRANSPORTATION MITIGATION FEE SUPPORT DOCUMENT
•
Table of Contents
Intro duction 1
Transportation Plan Cost 1
Funding Requirements 2
Future Development Trip Generation 3
Mitigation Trip Rate Fee• 3
Methodology for Project Level Trip Generation (added December 5, 1994) 7
Appendix A: 20-Year Transportation Plan -Project and Program List and Costs • 10
Appendix B: Trip Generation Methodology 15
•
TRANSPORTATION MITIGATION FEE SUPPORT DOCUMENT
1
INTRODUCTION
1 1
The City of Renton has adopted a new transportation mitigation policy as part of the Interim
Transportation Element of the City of Renton Comprehensive Plan (City of Renton Resolution No.
3027, 1993), and further refined in tl}e Draft Final.Transportation Element. This mitigation policy
serjves.as the framework for a city-wide transportation mitigation payment system, which when adopted
by;the City Council, will replace existing Transportation Benefit Zones (TBZs) mitigation assessment
programs. The new transportation mitigation program includes the assessment of a mitigation fee as
future development's fair share contribution towards ensuring that the cumulative impacts of new
development can be mitigated. In addition to this fee, the City of Renton may require site-specific
improvements to mitigate on-site and ad agent transportation facility impacts from new development.
The new development mitigation fair hare cost has been determined based on a 20-year city-wide
1 transportation improvement program, development's fair share cost of the 20-year transportation
J program, and the city-wide total daily ehicle trip increase forecasted from future development. The
vehicle trip rate fee resulting from this process multiplied by the total daily vehicle trip increase
generated by a specific development project determines the developer mitigation fee for that
development.
I
1 The purpose of this Transportation Mitigation Fee Support Document is to explain the methodology
behind the development of the developer mitigation vehicle trip rate fee.
ITRANSPORTATION PLAN COST
1 The City has developed a 20-year (1 95-2015) transportation plan, detailed in the Draft Final
! Transportation Element of the Comprehensive Plan, which includes arterial, HOV, transit, and non-
motorized components. This plan is deigned to accommodate anticipated
� P growth in the city with no
decrease from the present level of service�(LOS). Renton uses a non-traditional LOS measure based on
the system wide performance of all vehi le modes. Renton's LOS program is detailed in the City of
Renton Level of Service Document prepared by the Transportation Systems Division.
The Planning cost estimate for the 20-year transportation'plan is $134 million. The costs of the
various components of the plan are s arized in Table 1, below. The costs for the arterial, HOV
and non-motorized components representRenton's costs ('including Renton's share of responsibility
under joint projects with WSDOT and other local jurisdictions) in 1994 dollars. The transit cost
includes only local match for Renton's 'local feeder system improvements, intermodal stations, park
and ride lots, signal priority and other transit amenities. The annual program costs support and
supplement the other components and are a necessary element of maintaining level of service
standards.
II
•
1
•
TABLE 1
RENTON 20-YEAR TRANSPORTATION PROGRAM
PLANNING LEVEL COST ESTIMATES
Arterial Plan: _ $ 45,669,000
HOV Plan: _ $ 33,090,000
Transit Plan: _ $ 25,000,000
Non-motorized Plan: _ $ 4,641,000
Annual Programs: _ $ 25.600,000
Total 20-Year Cost = $ 134,000,000
A list of the projects and programs in the 20-year transportation plan and planning level cost estimates
for each are provided in Appendix A of this document. A listing of 20-year proposed transit
improvements and planning level costs is provided in the Renton Transit Plan Support Document.
FUNDING REQUIREMENTS
Sources of revenue for funding the 20-year transportation plan are as follows:
Annual 20-Year Total
♦ Gas &Vehicle tax $0.67 million $13.4 million
♦ Grant funding $ .57 million $71.4 million
♦ Business license fee $1.89 million $37.8 million
Total $6.13 million $122.6 million
(Funding Required $61.7 million $134 million) •
Funding source assumptions are based upon the City of Renton's 1994-1999 Transportation
Improvement Program (TIP). _It is assumed that the gas tax and vehicle tax will continue at the current
level of$0.67 million per year. It was also assumed that current level of grant funding ($3.57 million
per year) will be maintained. Business license fee revenue of$1.89 million per year assumes: that the
current level of$1.80 million per year will continue; that inflation at 4% per year over the next twenty
years will devalue the $1.80 million per year to $1.40 million per year; and, that the employment
increase forecasted for the City of Renton over the next twenty years will adjust the $1.40 million per
year upward to an average of$1.89 million per year.
Developer mitigation will be expected to make up the difference between the required funds, $134
million, and funds supplied by the above sources, $122.6 million. Therefore, developer mitigation's -
share is expected-to be $11.4 million. Thee total Transportation Finance Program is:
•
Annual 20-Year Total % Share
♦ Gas &Vehicle tax $0.67 million $13.4 million
• Grant fundin 10 q
g $3�.57 million $71.4 million 53%
%
• Business license fee $1.89 million $37.8 million 28%
1 • Mitigation $0L57 million $11.4 million
9% -
Total $6.7 million $134.0 million 100%
I .
Less emphasis on developer mitigation recognizes that this source of
s. The irregularitytransportation funding is not as
predictable (or stable) as other source l of development projects and thus uneven flow
of mitigation revenue contribute to the unpredictability of developer mitigation. (Stable sources of
transportation funding are a requirement of the Growth (GMA).
Management Act G g MA).
FUTURE DEVELOPMENT TRIP GENERATION
Establishing a vehicle trip rate fee that will yield $11.4 million in developer mitigation is based on the
number of vehicle trips generated between1990 and 2010 by new development within the Renton city
limits. To determine the trip generation expected over this 20-year period, travel demand analysis was
conducted using equations based on Puget Sound Regional Council (PSRC) trip generation parameters.
These same parameters were used in the City of Renton's travel demand forecast model.
The increase in trip generation between 1990 and 2010 was completed first for person trips and then
i — converted to vehicle trips for mitigation purposes. Table 2 summarizes the increase in vehicle trips
attributable to new development city-wide between 1990 and 2010.
TABLE 2
2010 '' 1990 Total Increase Average Vehicle Total Increase
Person Trips Person Trips Person Trips Occupancy Vehicle Trips
832,697 548,499 * 284,198 1.29 220,300 **
* Includes activity density factor adjustment. See Appendix B for discussion.
** Rounded to nearest hundred.
Table 2 shows that 220,300 new vehicle trips are forecast for all development between 1990 and the
year 2010. For further information on the methodology used in forecasting the number of vehicle trips
generated by new development see Appendix B of this document.
MITIGATION TRIP RATE FEE
Up to this point, development's share of the cost of the City of Renton's 20-year transportation plan to
mitigate future developments traffic impacts (in addition to site-specific mitigation) has been identified
as $11.4 million. Also, the total increase in daily vehicle trips generated from future development by
3
2010 has been estimated to be 220,300. The next step is to establish a mitigation trip rate fee per daily-
vehicle trip.
However, before establishing the vehicle trip rate, it is appropriate to recognize local efforts to
encourage economic development in the City of Renton. Discussions with the Mayor's Economic
Development Coordinator have focused n the need for flexibility in the mitigation trip rate fee to
allow for possible credits as an incentive to retail development city-wide.
To address the issue of development incentives, four scenarios were developed for providing the $11.4
million in developer mitigation required over twenty years. Three of these scenarios examine the
impact on providing the $11.4 million resulting from a reduction in the vehicle trip rate fee as
incentive for retail development. The four scenarios are described as follows:
OPTION 1: City-wide trip rate applied to, all new development.
Estimated 20-year vehicle trip increase = 220,300 **
** Based on 2010 person trip increase forecasts for City of Renton and average vehicle
occupancy of 1.29. See Appendix B for further details.
Therefore,
City-wide Trip Rate = $11,400, = $52 per vehicle trip
220,300 vehicle trips
OPTION 2: City-wide trip rate. Separat trip,rate for CBD core area and city-wide retail
. development.
Assume CBD core area and Retail Trip Rate = $10 per vehicle trip (a$42 reduction from
the$52 trip rate in Option 1)
.
Estimated CBD Core Area and Retail Vehicle Trip increase = 129,000 **
Estimated Office/Manufacturing/Educational/Residential
vehicle trip rate increase = 91,300 **
** Rounded to the nearest hundred. See Appendix B, Table 1 and Table 3 for
information on the determination of these vehicle trip estimates.
Therefore,
.
Office/Manufacturing/Educational/Residential Trip Rate =
$11,400,000 - (129,000 x $10/vehicle trip) = $110 per vehicle trip
91,300 vehicle trips
4
•
O IoN 3: City-wide trip rate. Sep ate trip rate for CBD core area and city-wide retail
development.
Assume CBD core area and Retail Trip Rate = $25 per vehicle trip (a $27 reduction from
the$52 trip rate in Option 1)
Therefore,
Office/Manufacturing/Educational/Residential Trip Rate =
$11,400,000 - (129,000 x $25/vehicle trip)
91,300 vehicle trips = $90 per vehicle trip
•
•
OrrloN 4: City-wide trip rate. Separate trip rate for CBD core area and city-wide retail
development.
Assume CBD core area and Retail Trip Rate = $35 per vehicle trip-(a $17 reduction from
the $52 trip rate in Option 1)
Therefore,
Office/Manufacturing/Educational/Residential Trip Rate =
$11,400,000 - (129,,040 x $35/vehicle trip)
91,300 vehicle trips = $75 per vehicle trip
1
TABLE 3: SUMMARY OF TRIP RATE OPTIONS
•
OPTIONS TRIP RA
Option 1: City-wide trip rate $ 52 per vehicle trip
1
Option 2: City-wide trip rate
• CBD Core Area&Retail develo went $10 per vehicle trip
♦ Office, Manufacturing, Educational, Residential development $110 per vehicle trip
Option 3: City-wide trip rate •
• CBD Core Area &Retail development $25 per vehicle trip
♦ Office, Manufacturing, Educational, Residential development $90 per vehicle trip
Option 4: City-wide trip rate
♦ CBD Core Area&Retail development $35 per vehicle trip
• ' Office, Manufacturing, Educational, Residential development $75 per vehicle trip
1
In 'reviewing the four trip rate options with representatives of the Chamber of Commerce,
representatives of the downtown business community, and the City Council Transportation Committee,
there was a favorable response for a mitigation trip rate fee that provided the opportunity for credits
for(development incentives.
5
•
•
Another factor' that must be considered in establishing the mitigation fee per vehicle trip is the
residential development exemption from mitigation allowed under SEPA rules. Currently a single
family or multi-family residential development of five units or less in the City of Renton does not
trigger mitigation requirements. Whether the City will continue with this residential development
threshold or possibly increase this threshold (provisions under SEPA allow raising the residential
development threshold) over the next 20 years is difficult to predict. Also, the impact this might have
on the total increase in daily vehicle trips and on the developer mitigation funds required over the next
20 years is difficult to predict. Therefore, it is assumed that the mitigation per vehicle trip rate will
need to allow for the impact from the residential development exemption threshold.
With,the understanding that there is a need: to recognize the support from community representatives
and the City Council Transportation Committee for credits to encourage development; and, to allow
for future possible exemptions from mitigation requirements related to residential development, a fifth
mitigation trip rate scenario, Option 5, was developed.
Option 5: City-wide trip rate
• Allow for residential development exemptions from $75 per vehicle trip for all
mitigation new development
1 Allow for credits to encourage development
Recommended Trip Rate Fee: Establishing a city-wide transportation mitigation trip rate fee of $75
per vehicle trip generated by all new development is recommended for adoption by the City of Renton.
Also ,as part of this recommendation a development may qualify for reduction of the $75 per vehicle
trip fee through credits for development incentives, construction of needed Renton transportation
program improvements through public/private partnerships, and transportation demand management
programs. Specific credits and the amount of reduction in the mitigation trip rate fee that could result
from'such credits will be determined on a case-by-case basis during the development permitting
process.
It is also recommended that the$75 trip rate be evaluated over time to ensure that this fee: encourages
economic development;. and, provides the developer mitigation share of the funding necessary to
implement the transportation program identified to maintain the City of Renton's transportation level of
service.
6
f
METHODOLOGY FOR PROJECT LEVEL TRIP GENERATION
1 (Added December 5, 1994)
The mitigation system developed by th City is compatible with trip generation procedures established
by ;ITE. In determining the mitigatio rate for a new development, trip generation according to ITE
standard procedures should be used. The mitigation fee of$75 per trip will be applied to the number
of trips generated. Additionally, there will be opportunity to receive a lower mitigation trip fee
through credits provided for considerations such as programs designed to reduce SOV travel.
i
Answers to Common Questions
Q: 1 What trip generation rate should be used?
A: 1 City staff will work with developers to determine trip generation for a given development. ITE
trip generation procedures and rates should be used. Substitution of alternative rates may be warranted
in special circumstances. •In these cases, City Staff will work with developers to determine appropriate
rates. Final determination of the appro riate use of proposed alternative survey data will be made by
the Plan Review Supervisor (or designee .
Q: ; When I look at the ITE Trip Generation Manual, 1991 under specific categories of development,
several independent variables are listed. Which one should I use?
A: In the manual, there is a section that discusses the choice of independent variables (p.I-1 In
general, you should choose the independent variable that is the most significant indicator of future trip
generation.
1
1
I.
Q: How is the basis for use of ITE rates consistent with the PSRC/City of Renton rates?
A: 1 The City of Renton is required to coordinate with the Puget Sound Regional Council (PSRC), the
Regional Transportation Planning Organization (RTPO), and to conduct transportation planning using
PSRC (regional) trip generation rates. PSRC trip generation is based upon ITE rates and local survey
data. The rates used to determine the citywide mitigation fee ($75) are based upon PSRC rates
generated for broad categories of developments which are used for long range planning purposes.
These rates are based upon ITE rates and la blend of local census data.
Specific trip generation rates, such as those produced by ITE, show the number of trips that a specific
type of development is responsible for based on known information at the project level, such as the
number of dwelling units or the square footage (in 1000's) of development.
transportation planning level of analysis, ill
hich considers manyof 1 p (At the. long range
level information is not known.) acres and at a time, specific project
7
' J
Q:, Why do 1TE trip rates.vary as compared,to the rates used by regional planning agencies?
A: This is a similar, more detailed answer than given above. ITE rates are for specific types of
developments, while the model rates used for long term planning by the City are for general categories
of development. For example, a hardware store may generate 53 trips per employee, while a hotel
may only generate 14 (these are example rates only). However, when planning for future growth, the
City assumes 23 trips per employee for all retail developments. This number represents an average
rate for new development which allows the City to forecast new trips based on the number of new
employees expected in the City by a given time.
Q: I Are all developments required to Ray a transportation mitigation fee?
A: , No. Only those developments that) fall under SEPA law.
Q: ' How can I apply for credits to reduce my mitigation fee?
A: Credits will be considered by the Mitigation Credit Review Committee. This Committee is made
up of the following positions: Plan Review Supervisor (or designee), Program Development
Coordinator (Transportation Division designee), and Economic Development Coordinator (Executive
Division designee).
Q: What types of developments fall into the categories:used by the City in the Transportation
Mitigation Fee Support Document to forecast new trips?
A: For mitigation development purposes, the City of Renton classifies developments by general land
use type. Five land use classifications are utilized: Household, Retail, Office, Educational and
Manufacturing. The following table shows how these general land use types correspond to specific
development types:
•
•
•
•
.
Table 1: Land Use Categories and Typical Developments
- j
I
1 PSRC Model Typical ITE Daily Trip General Types Examples
11 Category Generation Rates
1
(tripe/1 000 ft2) (tripa/emplLx)
Hardware Store,Nursery, Shopping Center,
i Retail.. •30-200+ 12-50 Retail, Service, Restaurant, Car Wash, Auto Repair, Service
Recreation Station, Supermarket, Convenience Market,
Apparel Store,Furniture Store,Video Rental
Store,Hotel, Church/Synagogue,Day Care
Center,Bank
'i Manufacturing 0.7-7 2-3 •• Manufacturing, Light Industry,Heavy Industry, Industrial Park,
Industrial Manufacturing,High-Tech Industrial,
}F Warehouse
1 ,
_ Office 6-35 5-g Office, Office Building,Medical Office, Government
Medical, Office,Post Office, Civic Center,Business
Government Park,Research Center.
-- Household (trips/dwelling •
5-10 House,Apartment,Duplex,Condo,Townhouse.
__ (ice ) .
Education 1-3 9-17
University,High School, School.
era
Note: Other independent variables may be more appropriate in some cases. These ranges are examples only.
-
'0 .
i -
1
il .
I
_
APPENDIX
20-YEAR TRANSPORTATION PLAN PROJECT A
AND PROGRAM LIST AND COSTS
-I
1 .
id
•
•
•
11
10
Mgt
APPENDIX A
20-YEAR TRANSPORTATION PLAN
ARTERIAL PLAN PROJECT LIST AND PLANNING LEVEL PROJECT COSTS
Project Location Project Limits Project Description Renton Cost
By 2010
Park Avenue North Bronson Way to North 10 h Street Roadway Widening Funded
Houser Way Relocation Sunset Boulevard to North 8h Street New Arterial $ 2,117,0
Sunset Boulevard/Houser Way Connection - - - Grade Separation 1,143,0w
CBD Transportation and Streetscape
• Bronson Way South Second Street to Sunset Boulevard Roadway Widening 5,000,000
• Main Avenue South Grady Way to South Second Street Roadway Widening 5,500,000
• South Second Street Rainier Avenue to MainAvenue_South -Revise-Street Network - 5,000,000
.—CBD`Streetscape - - - Street Improvements 2,500,000
Lake Washington Boulevard/May Creek Bridge - - - Bridge Replacement 452,000
Monster Road Bridge - - Bridge Replacement 1,390,000
Oakesdale Avenue Southwest Southwest 16th Street to Southwest 27th Street New Arterial 6,600,000
Northeast Third Street Sunset Boulevard to Monterey Drive Northeast Roadway Widening 698,000
South Grady Way Rainier Avenue to Talbot Road Roadway Improvements 500,000
Lind Avenue Southwest Southwest 16th Street to Southwest 43rd Street Roadway Widening 3,000,000
Southwest 16th Street Oakesdale Avenue Southwest to Lind Avenue Roadway Widening 1,000,000
• Southwest
2010 to 2015
Oakesdale Avenue Southwest Southwest 27th Street to Southwest 31st Street New Arterial 6,750,000
Puget Drive Southeast Jones Place Southeast to Edmonds Avenue Southeast Roadway Widening 1,010,000
SR167/East Valley Road Connection - - - New Off-Ramp 639,000(a)
Duvall Avenue Northeast Sunset Boulevard to North City Limits " ' Roadway Widening 2.400.000
TOTAL COST $ 45,699,000 '
(a) Total Planning Level Cost = $3,512,000 (Renton = $639,000; proposed funding from WSDOT and Kent = $2,873,000)
•
•
APPENDIX A
20-YEAR TRANSPORTATION PLAN •
HOV PLAN PROJECT LIST AND PLANNING LEVEL PROJECT COSTS
Project Location Project Limits Project Description Renton Cost
I-405Benson Road or SR 515 - - - Full HOV Only Interchange $ 8,000,000 (a)
SR 167/Southwest 271h Street -- - Full HOV Only Interchange 5,000,0t '1
SR 169 (Maple Valley Highway) Sunset Boulevard to East City Limits HOV lanes; queue jumps 4,000,000 (0
Sunset Boulevard Bronson Way to I-405 HOV lanes 690,000
Park Drive North I-405 to Sunset Boulevard • HOV lanes;-queue jumps 3,000,000
Northeast 3rd Street / Northeast 4'h Street Sunset Boulevard to Monroe Avenue_Northeast HOV lanes; queue jumps 5,400,000 _
Rainier Avenue/Airport Way/Logan Avenue North SR 900 to North-all-Street Intersection queue jumps 2,000,000
Southwest 27th Street "SR 167 toOakesdale Avenue Southwest HOV lanes 2,000,000
SR 515 or Benson I-405 interchange to South Puget Drive HOV queue jump 500,000
South-43rd/Carr Road/Southeast 176th/Southeast SR 167 to 1401 Avenue Southeast HOV lanes; queue jumps 2,500,000 (d) •.
Petrovitsky
TOTAL COST $ 33,090,0('"
(a) Total Planning Level Cost = $12,000,000 (Renton = $8,000,000; proposed funding from WSDOT = $4,000,000)
(e) Total Planning Level Cost = $ 8,000,000 (Renton = $5,000,000; proposed funding from WSDOT = $3,000,000)
(c) Total Planning Level Cost = $ 6,000,000 (Renton = $4,000,000; proposed funding from WSDOT = $2,000,000)
(d) Total Planning Level Cost = $ 5,000,000 (Renton = $2,500,000; proposed funding from King County = $2,500,000)
12
AMIN NMI
APPENDIX A
20-YEAR TRANSPORTATION PLAN
•
NON-MOTORIZED PROGRAM PROJECT LIST AND PLANNING LEVEL PROJECT COSTS
Project Location Project Limits Project Description Renton Cost
Lake Washington Boulevard Coulon Park South Entrance to North 44th Street Bike/Ped Improvements $ 930,000
Houser Way North a Street to Park Avenue North overcrossing Bike/Ped Path - 300 000—
Garden Avenue North Bronson Way to North 6th Street _ Bike/P-ed-Path;-Bike Lanes 150,000
Other Locations To_etermined — —
To be determined 3,261.000
--- TOTAL COST $ 4,641,000
I '
APPENDIX A
RENTON 20-YEAR TRANSPORTATION PLAN
ANNUAL FROG' • AND ESTIMATED FUNDING NEEDS
Program Estimated Annual ' Estimated 20-Year
Funding Funding
Street Overlay $ 380,000 $ 7,600,000
Roadway Reconstruction 100,000 2,000,000
Transportation Demand Managemen 40,000 800,000
Walkway Program 70,000 1,400,000
Transit Program 30,000 600,000
Arterial HOV Program 30,000 600,000
Bridge Inspection and Repair• 100,000 2,000,000
Traffic Maintenance/Operations/Safety
• Traffic Signal Improvement 50,000 1,000,000
• Traffic Signal Loop Replacement 20,000 400,000
♦. Traffic Sign Replacement 20,000 400,000
• Light Pole Replacement 20,000 400,000
' ♦ Sidewalk Replacement 10,000 200,000
• Traffic Safety Program 70,000 1,400,000
• Traffic Systems Efficiency 50,000 1,000,000
♦ Railroad Crossing Safety Program 30,000 600,000
Arterial Circulation Program 150,000 3,000,000
Project Development/Predesign 90,000 1,800,000
WSDOT Coordination 10,000 200,000
Mitigation/Concurrency (TBZ Planning) 10.000 200.000
TOTAL $ 1,280,000 $ 25,600,000
14
1-
APPENDIX B
TRIP GENERATION METHODOLOGY
• 1
i •
•
•
•
•
is-
.
•
•
11
15
• Appendix B
1 - Tri Generation Methodology
The mitigation fee program is based on establishingtrip a tr p rate that will yield $11.4 million in
required mitigation funding based on the number of trips generated by development occurring
between 1990 and 2010. To determine the trip generation expected over this 20 year period,
travel demand analysis was conducted using equations based on the PSRC's trip generation
model parameters. These are the same parameters used in the City's travel demand models. For
mitigation purposes, trip generation was completed by land use category, rather than by trip type,
which is most common. Figure 1 summarizes the coefficients used to en g erate trips for each
land use type. Five categories of land use were considered: Retail, manufacturing/industrial,
office, education, and residential. Trip generation estimates were conducted for these uses.
Total person trips are calculated as follows:
• Residential = HH Productions + HH University Productions + HH School
Productions +HHAttractions
•
• Retail =Retail Productions +Retail Attractions
•
•
• Office= Office productions + Office Attractions
• Manufacturing=Manufacturing Productions +Manufacturing Attractions
• Education=Education Productions +Education Attractions
•
Residential. Manufacturing. & Education Trips
To determine the number of trips ge ierated by new development, the travel demand equations
were applied using 1990 and 2010 input data. To determine trips attributed to new residential,
manufacturing, and educational developments, trip generation was calculated for 1990 and 2010.
The difference in trips between these two years represents the increase in trips due to new
development. This approach is valid for all of the land uses listed above except for retail and
office.
Retail & s Office Trips
P
For retail and office trips, changing trip rates due to increased land use activity .(denser
development) requires using a different method than that described above. The problem is that
as land use densities intensify, trip rates decrease (there is less demand/employee for travel by
vehicle). Therefore, existing developments create fewer trips at a future date than they did
1 ! previously. The intensity of density is measured in modeling by an activity density factor (AD).
If the AD changes between the years measured (1990 and 2010), then the difference in trips
between the two years will not fully measure trips due to new development.
•
r Figure 1: Summary of Coefficients for Determining Pr ductions and Attractions by Land Use Type
PRODUCTIONS
HH produced trips=1.934•(POP)+2.241'(HSD)-2.086'(LIH)-0.866•(LMIH)+0.274'(UMIH)+1 223•(UIH)
, HB Univ.=0.220•(HSD)
HB School=0.368'(POP-GRP)-0.327(HSD)
NON-HOME BASED+COMMERCIAL PRODUCTIONS:
HH prod=0.689•(SFH)+0.262*(MkH)
Retail
Activity Density=I(low) Retail attracted trips=6.107'(RET)
Activity Density=2(med, Retail attracted trips=3.726'(RET)
Activity Density=3(high) Retail attracted trips=1.378 •(RET)
Office
Activity Density=1(low)' Office attracted trips=1.971'(OFF)
Activity Density=2(med, Office attracted trips=1.178• (OFF)
Activity Density=3(high) Office attracted trips=0.744• (OFF)
Manufacturing=0.413•(MAN)
Education=1.102'(EDU)
ATTRACTIONS
•
HH attracted trips=2.282'(SFH)+0.88•(MFH)
Retail
Activity Density=I(low) Retail attracted trips=17.022'(RET)
• Activity Density=2(med) Retail attracted trips=8.274•(RET)
Activity Density=3(high) Retail attracted trips=4.17•(RET)
Office
Activity Density=1(low) Office attracted trips=6.34•(OFF)
Activity Density=2(med) Office attracted trips=3.625*(OFF)
Activity Density=3(high) Office attracted trips=2.67•(OFF)
Manufacturing attracted trips=1.76•(MAN)
Education attracted trips=26.83'(EDU)
BEY
(model attribute)
POP=Population mol
HSD=Households •
mo2+mo3+mo4+mo5
LIH=Lower Income Households mo2
LMIH=Lower/Middle Income Households mo3
UMIH=Upper/Middle Income Households mo4
UIH=Upper Income Households mo5
SFH=Single Family Households (1-(mo7/100)•(mo2+mo3+mo4+mo5)
MFH=Multi-Family Households (mo7/100)•(mo2+mo3+mo4+mo5)
Activity Density Factor md6
RET=Retail Employment mdl
OFF=Office Employment md2
MAN=Manufacturing Employment md3
EDU=Education Employment md4
GRP=Group Quarters mo6
•
•
Since a facility in 2010 generates fewer modeled trips than the same facility in 1990 (due to an
change in the activity density facto i from 1 to 2), simply measuring the increase in total trips
between 1990 and 2010 will not provided an accurate assessment of trips generated by new
developments.
•
Figure 2: The Effects of Changing Activity Density Factors on Trip Generation
} 1990 Generated Trips 201/0 Generated Trips
AD Factor= 1 AD Factor=2
_ Trips generated by
-eee .x.x.. ;•;•••-•-•••-•-•-•-•-•-•-•- facilities existing prior.
'-'" to 1990.
%�:�:�:�:�: �: �:•: �: Trips generated by
facilities developed
2,800 1990-2010.
3,000
AD Adjustment r
T 1,500 Actual Trips due to '
A trips= 1300 if the NEW development
change in AD factor
is not considered
•
Consider the following example, which is also illustrated in Figure 2:
Suppose the following information is known:
1. A zone (AD= 1) generates 3,000 daily retail trips in 1990.
• 2. New development in that zone results in 1,500 new daily retail trips by 2010.
, 3. This zone has become more dense and is modeled as an AD=2 in 2010.
4. The existing 1990 developments generated 2,800 trips (rather than 3,000) in 2010 due
to the change in AD from 1 to 2.
The total trips in 2010 would then be 4,300 (1,500 new+ 2,800 existing). If one looked
only at the 1990 and 2010 trio generation (and did not consider the change in AD), it
would appear that only 1,300 additional trips are attributable to new development (4,300 -
3,000). The actual number of trips generated by new development is 1,500 of course (see
number 2 above). The total numl ber of new trips generated was masked by the decrease
•
in existing trips due to the ch ge in activity density factor. An AD Adjustment, or
change in trips generated by exis ing development, occurs between these two years.
•
New retail and office trips may be generated by a second method._ Trip generation is computed
under;2010 conditions, but the increase in employment (2010-1990) is substituted for total 2010
employment. Trip generation will then show directly trips caused by new development. For
land uses other than office and retail, this approach yields identical results to the first approach.
Trips!attributable to new development are summarized in Table 1. Person trips have been
converted to vehicle trips for mitigation purposes. A detailed breakdown of trip generation by
microzone is shown in Table 2. The bolumn titled AD Adjustment shows the adjustment for
trips from existing 1990 facilities due tb a change in the activity density factor. Person trips as
generated by the model and vehicle trips based on an average vehicle occupancy of 1.29 are
shown. The vehicle occupancy is a model generated number based on -the predicted 2010
conditions.
Table 1: Trips,Person and Vehicle
2010 1990 AD Total Increase Total Increase
Adjustment Person Trips .Vehicle Trips
(832,697 - 558,765) + 10,266 —I 284,198 220,300* Total Trips
(313,047 - 156,851) + 10,266 1 166,462 129,000* Retail&CBD **
I ,
(519,650 - 401,914) + 0 = 117,736 91,300* Non-CBD **
Manufacturing,
Office,Educational,
Residential
•Assumes A VO of 1.29 (284,1984-1.29=220,309) Rounded to the nearest hundred.
*•See Table 3 for determination of retail and CBD pe on trips.
Summary of Trip Generation
In some cases, the number of trips attri, utable to new development does not equal the difference.
in trips between 1990 and 2010. This is due to a change in the intensity of development, which
is measured by the activity density factor (AD). By directly modeling the change in trips using
change in employment, 284,198 new person trips (220,300 vehicle trips) are forecast between
19901 and 2010. 166,462 (129,000 vehicle trips) of these trips will be retail generated trips or
CBD generated trips.
.. I
•
•
•
Table 2: Increase in total person trips(1990-2010)due to new development
(2010 trips-1990 trips)+Loss Due to 4ctivity Density Factor shifts=Increase •
Microzone Retail Trips Office Trips i Manufacturing Trips School Trips Residential Trips Total Trips
1 4,603 3,374 187 0 3,595 11,758
2 6,777 2,061 3 0 1,071 9,912
8 0 0 0 0 1,255 1,255
11 347 0 0 381 -27 701
i 12 0 0 0 0 -28 -28
13 0 0 0 0 566 566
14 0 0 0 0 165 165
15 0 0 0 0 209 209
j 16 0 0 0 0 610 610
18 208 141 11 0 151 511
19 1,341 889 67 436 48 2,782
20 416 283 28 0 197 924
21 1,503 1,006 • 76 669 • -62 3,192
22 0 0 0 0 61 61
23 0 0 0 0 -78 -78
24 0 0 0 0 -17 -17
25 0 0 0 0 583 583
26 0 0 0 0 -426 -427
27 5,112 3,416 254 1 -12 8,771
28 2,429 1,621 122 0 -420 3,752
29 0 0 0 0 -430 -430
30 0 0 1 0 -351 -351
31 0 0 1 0 -364 -363
32 0 0 0 4,492 -626 3,866
33 0 .0 3 0 -568 ' -565
34 0 0 0 0 369 • 369
35 2,961 1,970 143 0 -946 4,128
36 15,080 4,430 87 0 4,065 23,662
37 486 141 • 2 0 -300 329
38 717 208 4 355 687 1,971
39 1,180 349 7 0 76 1,611
40 116 33 0 0 82 231
41 0 0 1 0 638 639
42 4,094 1,205 32 0 2,401 7,732
t.43 6,707 1,970 41 0 -2 8,716
44 0 0 I 0 0 • 0 0
45 0 0 0 0 . -141 -141
46 0 0 0 0 -264 -264
47 0 0 0 0 -1,163 -1,163
48 0 0 -1 0 700 699
49 • 0 0 0 0 2,401 2,401
50 0 0 . 0 0 489 489
51 0 0 0 166 968 1,134 '
52 0 0 0 0 -225 -225
53 0 0 0 0 -1,328. -1,328
I 57 0 0 0 0 230 •230
'58 0 0 0 0 -55 -55
59 0 0 I 0 0 -6 -6
60 0 , 0 0 130 -410 -279 61 0 0 0 0 -230 -230 ,
66 0 0 0 494 -385 108
67 0 0 1 0 481 482
68 0 0 0 , 0 766 766
.71 0 4,471 -4 0 5,589 10,056
72 5,019 0 1,176 0 15 6,210
I
I
•
Microzone Retail Trips Office Trips Manufacturing Trips School Trips Residential Trips Total Trips
73 1,596 0 330 0 0 1,926
74 4,094 0 ' 706 0 155 4,955
75 3,469 0 359 0 0 3,828
76 4,279 • 0 1,002 0 0 5,281
' 77 0 0 4 0 0 4
78 0 50,672 0 0 0 50,672
79 8,303 0 1,150 0 8 9,462
80 8,604 0 -7 0 5 8,602
81 278 0 99 0 8 384
1 82 116 0 30 0 -57 89
83 0 0 31 0 0 31
84 2,290 0 97 0 -2 2,384
85 5,227 0 0 0 • 35 5,262
87 0 4,388 0 0 0 4,388
88 0 0 0 0 -143 -143
89 0 0 0 0 -168 -168
90 0 0 s 1 0 • -237 -236
91 0 0 0 0 532 532
93 0 0 0 0 0 0
94 0 0 0 0 122 122
95 0 0 4 0 -140 -136
97 0 0 2 0 0 2
98 3,000 1,811 1 320 2,613 7,745
99 432 96 1 0 26 555
100 0 0 0 0 ' 103 103
101 0 0 - 1 30 -18 13
102 ' 0 0 0 0 -211 -211
103 0 0 -18 0 0 -18
104 1,488 898 0 0 1,135 3,521
, 105 1,572 946 -1 0 1,154 3,671
' 106 1,176 711 0 0 961 2,848
107 1,836 ' 1,105 0 0 1,392 4,333
108 1,524 917 0 263 1,319 4,024
109 420 255 0 0 378 - 1,053
110 936 562 0 0 794 , 2,292
111 1,032 624 2 0 910 2,568
112 1,056 639 0 32 908 2,636
i 113 876 533 0 0 992 2,402
114 1,068 644 ' 0 0 1,204 2,916
115 936 562 2 2 1,024 2,526
116 984 591 0 0 1,075 2,650
•
117 1,044 629 10 • 0 1,187 2,869
118 1,020 620 0 .0 911 2,550
119 828 • 500 0 0 725 2,053
120 2,604 1,571 0 0 2,555 6,730
121 1,248 749 0 0 1,063 3,060
122 1,176 706 0 0 1,321 3,203
123 0 0 0 0 -2 -2
124 0 0 0 0 -106 -106
125 0 0 0 0 -157 -157
126 ' 0 0 0 0 -77 -77
, 127 0 0 0 0 ' -45 -45
' 128 ' , 0 0 0 0 0 0
129 0 0 -5 0 -425 -430
130 0 0 0 428 -353 75
131 0 0 1 0 -350 -350
132 0 0 -21 0 -2 -23
133 0 0 0 0 0 0
, ,
Microzone Retail Trips Office Trips Manufacturing Trips School Trips Residential Trips Total Trips
134 0 0 -460- 0 -334 -794
135 0 0 -611 0 -8 -619
' 136 0 0 -606 0 0 -606
137 0 0 6 0 - 0 6
138 0 0 0 0 942 942
139 0 0 1 0 -80 -79
140 0 0 0 0 0 -591 -590
141 0 0 6 0 -329 -324
142 1,318 715 0 • 0 543 2,576
173 2,590 0 393 0 0 2,984
-174 0 0 22 0 0 22
175 0 0 30 0 0 30
176 439 0 12 0 0 451
177 0 0 5 0 ' 6 10
178 2,775 0 5 0 0 2,781
179 0 0 -81 0 0 -81 .
180 0 0 8 0 -376 -368
181 0 0 0 0 6 6
TOTALS 130,730 99,010, I 4,754 8,200 41,504 284,198
•For microzone locations see figure 3
I , Table 3: Increase in total person trips fol[CBD and Retail Development. ,
Zone Retail Trips Office Trips Ice Trips School Trips Residential Trips Total Trips
1 38,417 50,672 4,751 0 -179 93,661
2 10,662 4,388 620 0 -58 15,613
3 3,060 1,844 -18 30 2,060 6,977
4 • 15,516 9,193 16 297 14,402 39,424
5 7,680 4,630 2 320 6,957 19,588
6 0 0 -5 428 -1,515 -1,091
7 0 0 -1,690 0 -344 . -2,034
1
8 0 0 5 0 109 113
10 0 4,471 -3 790 7,556 12,814
-11 - 55,394 23,811 1,077 6,335 12,516 99,133
I • Total 130,730 99,010 I 4,754 8,200 41,504 284,198 '
CBD 23,047 13,896 15 457 21,364 ' 58,779
9
CBD+Retail=130,730 total Retail trips+58,779 total CBD trips-23,047 Retail trips occurring in the CBD=166,462 person trips.
•For CBD and zone locations see figures 4 and S
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