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MEMORANDUM
TO: Zoning Commission & Planning Board members
FROM: Mitch WerBell, Assistant Planner
SUBJECT: Funds In-Lieu of Capital Facilities & Intersection Level of Service
Waiver Text Amendments, Application 16377
DATE: September 22, 2016
*Please note: Staff is recommending the two associated ordinances for provisional adoption at
the October 24, 2016 City Commission public hearing following July’s Transportation
Improvements Policy Discussion.
The joint Zoning Commission and Planning Board meeting is scheduled for October 4, 2016.
Due to the interconnectedness of the proposed funds in-lieu of capital improvements program
and intersection level of service standards, staff elected to combine the text amendments into a
single packet for review. The revised schedule applies only to these two amendments. All
remaining UDC amendments will follow the existing adoption schedule.
Funds In-Lieu of Capital Facilities (cash in-lieu of infrastructure), revising 38.39.070. –
Payment for extension of capital facilities.
1) Draft legislative findings regarding the changes. Establishes a record of the City
Commission’s intent in adopting the changes.
2) Establish process for the city to authorize payment of funds in-lieu of constructing
or extending capital facilities (infrastructure).
Substantive amendments include:
a. Establish that subdivision and site development may generate new demands
on the city’s existing capital facilities and that the city may require a
subdivider or other site developer to mitigate the impacts by extension,
construction or payment of funds in-lieu.
b. Establish that the review authority (director of public works) may
determine the appropriate mitigation on a case-by-case basis.
c. Limit the scope of the funds in-lieu program to public street, water, sewer,
and stormwater capital facilities.
d. Establish the required timing of submittal (prior to determination of
adequacy or any advisory body recommendation) and what constitutes a
material modification to a proposal.
e. Establish the criteria that the review authority must consider when
evaluating a funds in-lieu request. (A-F in attached draft ordinance)
f. Require the funds in-lieu request and findings of the review authority to be
considered prior to any final action on a development project.
g. Describe where the funds may be held (appropriate fund dedicated to the
type of work for which the funds were paid, not in the general fund)
h. Link a condition of filing SID waivers with funds in-lieu approvals as
determined by the review authority.
i. Direct the city manager to adopt procedures to implement the funds in-lieu
program by administrative order.
j. Specify which costs (including possible contingency amount) must be
included with the funds paid.
k. Detail when refunds would not be available for the program.
3) The funds in-lieu of capital facilities program is designed to be used in infrequent
circumstances where the director of public works determines that the installation of
improvements by a subdivider or other site developer may hinder fiscal efficiency
for those facilities planned for installation as part of the adopted CIP or risk damage
to existing facilities. In certain situations, it is inefficient and unsustainable to
require installation of specific facilities that are planned as a part of a public
improvement project that has secured design and funding.
4) The program is not intended to encourage subdividers or other site developers to
avoid installing necessary capital facilities and pay funds in-lieu.
5) The administrative manual to implement the program will be available at or prior to
the City Commission public hearing. The Department of Public Works is creating the
final draft to correspond with the draft ordinance.
Intersection Level of Service Waiver, revising 38.34.010. – Review authority. &
38.24.060. – Street improvement standards.
1) The development code requires intersections to have a minimum acceptable level of
service (LOS) “C” unless specifically exempted. Development approval is contingent
upon associated intersections operating at the minimum LOS or better.
2) The existing exception to the LOS “C” standards applies to those intersections that
are fully constructed to maximum lane and turning movement capacity. In those
cases, an LOS of less than “C” is acceptable.
3) These code amendments establish a new exception from minimum LOS
requirements and designate the director of public works as the review authority for
intersection LOS waivers and funds in-lieu of capital facilities requests.
Substantive amendments include:
a. Designate that the review authority may grant a waiver from a LOS less than
“C” at a specific intersection upon determination that:
I. Granting of waiver would not be jeopardize public health and safety
and is in the public interest.
II. Improvements to the subject intersection are scheduled for
construction within three years on the CIP.
III. All right of way has been secured.
IV. Commission has approved the financing plan for the intersection.
b. Designate the valid period of any waiver for one year.
c. Allow developer to pursue a variance if a waiver is not granted by the review
authority. Specify that any variance granted applies only to the development
for which it was granted and shall not be considered evidence for other
development proposals.
d. Change the title of director of public service to “director of public works”
Attachments: Draft Ordinance 1915 and draft Ordinance 1959