HomeMy WebLinkAboutO-1735 - Adopts Transportation Improvement Program No. 89-2 (Repealed by 2160)•''t l 1:-~-
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I-~r~j CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.Jrz :3 S
AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING
TRANSPORTATION IMPROVEMENT PROGRAM NO.89-2 FOR THE
SIGNALIZATION OF TWO INTERSECTIONS ON SR 528.
WHEREAS,the intersection of SR 528/47th Avenue N.E.and SR
528/67th Avenue N.E.will reach Level of Service E within the
next 12 months as residential projects which are already approved
are constructed and occupied,thereby necessitating the sig-
nalization of said intersections in the interest of public
safety;and
WHEREAS,pursuant to Chapter 39.92 RCW and Chapters 18.20
and 18.24 of the Marysville Municipal Code,the City has prepared
a Transportation Improvement Program for said intersections;and
WHEREAS,on November 13,1989 the city Council held a duly
advertised public hearing on said Transportation Improvement
Program and found that the same was necessary and appropriate;
NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Transportation Improvement Program No.89-2 for the sig-
nalization of intersections at SR 528/47th Avenue N.E.and SR
528/67th Avenue N.E.,a copy of the same being attached hereto
and incorporated herein by this reference,is hereby ADOPTED.
PASSED by the City Council and APPROVED by the Mayor this
1"3 'lr...day of NQ,,~Io-er ,1989.
CITY OF MARYSVILLE
~
'MAYOR
Attest:
By~eo;t~by CLERK
Approved as to form:
Byri:,
Effective Date (5 days after publication):
Date of PUblication:JI-JS-8'l__
/J-2o-8i
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TRANSPORTATION IMPROVEMENT PROGRAM NO.89-2
SIGNALIZATION OF SR 528 INTERSECTIONS
1.Purpose and Authority.The City of Marysville has
identified a need for a regional transportation improvement
described in paragraphs 2,3 and 4 below.continued development
of the properties described in paragraph 7 below,and increased
traffic generation from the said properties,will result in a
significant adverse environmental impact unless a Transportation
Improvement Program (hereinafter referred to as "TIP")is
immediately adopted and implemented as authorized by Chapter
39.92 RCW.The city is empowered to adopt such a Program
pursuant to said Chapter 39.92 RCW and pursuant to Chapters 18.20
and 18.24 of the Marysville Municipal Code.
2.Location of Project.This project relates to the
intersection of SR 528/47th Avenue N.E.and the intersection of
SR 528/67th Avenue N.E.Said intersections are within the City
limits.
3.Public Necessity of Improvement.The intersection of
SR 528/47th Avenue N.E.is presently unsignalized.It is
controlled by stop signs on 47th Avenue N.E.The intersection
approach volume at peak hour is 1,100 vehicles per hour.By 1992
said volume is projected to be 1,500 vehicles per hour.
The intersection of SR 528/67th Avenue N.E.is presently
unsignalized.It is controlled by three stop signs.The
intersection approach volume at peak hour is 900 vehicles per
hour.By 1992 said volume is projected to be 1,200 vehicles per
hour.
SR 528 constitutes the major east-west arterial in the city.
It connects Interstate 5 with SR 9.It is used as a link between
a rapidly developing residential area to the east and the central
business district and employment centers to the west.47th
Avenue N.E.and 67th Avenue N.E.are secondary arterials which
collect residential traffic from the north and south and feed
onto SR 528.without signalization at these intersections,it is
projected that they will each be at LOS E within 12 months.
4.Scope of Improvement Project.It is reasonable and
necessary to construct the following improvements at each of said
intersections:
Full signalization.
Accessory channelization on each approach leg.
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5.Funding of Project/Budget.This project will be funded
by transportation impact fees provided for in paragraph 9 below,
together with a $50,000 contribution by the city for each
intersection.The estimated bUdget for the project is as
follows:
SR 528/47th Avenue N.E.
Signalization
Channelization
Total Construction and
Installation Costs
SR 528/67th Avenue N.E.
Signalization
Channelization
Total Construction and
Installation Costs
$125,000.00
10.000.00
$135,000.00
$125,000.00
10.000.00
$135,000.00
6.Schedule of Construction.These intersection improve-
ment projects are scheduled to be completed as soon as adequate
funds for construction are available,and approval from the
Washington State Department of Transportation is obtained,but
not later than December 31,1993.
7.Benefit Area.The Benefit Area for this TIP consists
of all property within the jurisdictional limits of the City of
Marysville and in the surrounding unincorporated areas of
Snohomish County which,through new development,will directly
result in quantifiable transportation impacts on either the SR
528/47th Avenue N.E.or the SR 528/67th Avenue N.E.intersection.
The exact identification of properties within the Benefit
Area which must participate in this TIP shall be determined on a
case-by-case basis by the Director of the Department of Public
Works by use of a traffic distribution analysis.In making
traffic distribution determinations,the Director may rely upon
an underlying database on file in the city records as a result of
previous studies and projects,or the Director may require the
owner/developer of a particular project to submit an independent
traffic study meeting the standards of the City.
Any new development projects within the Benefit Area which
directly result in one or more peak hour vehicle trips traveling
through either the SR 528/47th Avenue N.E.intersection or the SR
528/67th Avenue N.E.intersection,as determined by the traffic
distribution analysis referred to above,shall be required to
participate in this TIP with respect to the intersection(s)
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affected.The term "development"is defined in paragraph 8
below.
8.Definitions.The definitions found in RCW 39.92.020
are incorporated herein by this reference.Provided,that the
definition of "development"is hereby amended as follows:
"Development"means subdivision approvals,
short plat approvals,mobile home park
approvals,binding site plan approvals,
mobile home placements on previously vacant
lots or pads,and all construction or
reconstruction of residential,commercial,
industrial,public or any other building or
building space,or land improvement,result-
ing in a net amount of new vehicular traffic.
9.TransDortation Impact Fees.Transportation impact fees
are hereby imposed as a condition on the development of all
properties within the Benefit Area which are required to par-
ticipate in this TIP,including development which has received
advance approval from the City on the condition that it par-
ticipate in this TIP upon the formation of the same.The fees
have been calculated by dividing the total cost of each inter-
section improvement by the number of vehicles which are projected
to utilize said intersection in 1992.Said fees are hereby
established as follows:
SR 528j47th Avenue N.E.Intersection ...
SR 528j67th Avenue N.E.Intersection ••.
$90.00 per
peak hour
vehicle
trip
$112.00
per peak
hour
vehicle
trip
10.Fee Adjustment.It is recognized that the cost
estimate used in this TIP is based upon preliminary data and
that construction costs are sUbject to inflation,and that the
anticipated rate of property development within the Benefit Area
is sUbject to revision.The Department of Public Works shall
periodically evaluate the fairness and sUfficiency of the
transportation improvement fee established herein.If it is
found to be unfair or inSUfficient,the Department may request
the city Council to adjust the same.The city council shall
consider such a request at a duly advertised pUblic hearing.If
an adjustment is made,it shall not apply to any properties which
have previously paid their fees in full,or have signed a
Transportation Improvement Fee Agreement for the same.
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11.Collection of Fees.Transportation impact fees shall
be payable as follows:
a.In cases of development projects other than those
referred to in subparagraphs band c below,the fees shall
be payable as a precondition to obtaining a development
permit.
b.In cases of subdivisions or short plats which
received advance approval on the condition that they comply
with this TIP upon its formation,the fees for all lots
shall be payable within six (6)months after the date this
TIP is adopted by ordinance of the city council.
c.In cases of subdivisions,short plats,mobile home
parks and binding site plans approved after the date this
TIP is adopted by ordinance of the city Council,the fees
shall be paid by one of the following options:
i.option 1.Payment in a lump sum for all
vehicle trips generated by each phase of the develop-
ment at the time said phase is presented to the City
for final approval and/or recording;or
11.option 2.Payment of the fee in five (5)
equal annual installments,including interest accruing
thereon at the rate of ten percent (10%)per annum,
commencing on the date of final approval by the City.
Provided,that payment in full for each phase shall be
required before any building permit is issued within
said phase.
d.At the time of preliminary approval of any
development project,or in any case where a developer
elects to pay the transportation improvement fee on an
installment basis pursuant to option 2 above,the
developer shall sign a Transportation Improvement Fee
Agreement,using the form attached hereto,and said
agreement shall be recorded in the records of the
Snohomish County Auditor.Upon payment of the trans-
portation improvement fees in full,the City shall
record a release of said agreement.
12.Restrictions on the Collection and Use of Fees.
a.No fees shall be collected for any off-site
transportation improvement that is incapable of being
reasonably carried out because of lack of pUblic funds or
other foreseeable impediment.
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b.No fee shall be imposed on a development when
mitigation of the same off-site transportation impacts for
the development is being required by any government agency
pursuant to any other local,state or federal law.
c.All fees collected shall be used by the city in
substantial part to pay for the Traffic Improvement Program
referred to herein within six (6)years after the date of
collection,or the same shall be refunded to the developer
paying the same.Said fees may be pooled by the City and
expended for either one or both of the intersection improve-
ments referred to herein.
13.Administration of TIP.
a.Any developer who is sUbject to an obligation to
pay a transportation impact fee provided herein shall have a
right to an administrative appeal to the Marysville city
council regarding the traffic distribution analysis for its
project,the amount of the fee imposed and any credits or
exemptions which may apply.A notice of appeal must be
filed with the City Clerk within twenty (20)days after the
date on which the fee becomes due and payable.The City
council will hold a hearing and rule on the appeal within
thirty (30)days thereafter.The decision of the City
council shall be final.
b.All fees collected shall be deposited in the
Growth Management Fund of the city established under Chapter
3.12 of the Marysville Municipal Code.
c.The City shall enforce collection of fees by
withholding development approvals and permits for properties
which have not paid their fees in compliance with the
provisions herein.In cases of developers who are making
annual installment payments,the city shall withhold
building permits for all lots in any phase of a project
until the total fee owed for said phase is paid in full.If
installment payments become delinquent,the city may
commence collection litigation in Snohomish County Superior
Court;interest shall accrue on delinquent installments at
the rate of twelve percent (12%)per annum;any judgment
entered in favor of the City shall include court costs and
reasonable attorney's fees.
d.The Department of Public Works shall be the lead
agency for administering this TIP.
e.This TIP may be amended by the city council,
after holding a dUly advertised pUblic hearing thereon,to
redefine the Benefit Area,to add other off-site transpor-
tation improvements to the Program,or to change the
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transportation impact fee.The TIP may not be amended in
any manner which would relieve the city of any contractual
obligation made to prior developers.
f.
to hold a
notice of
newspaper
Whenever the city council is required by this TIP
public hearing,a minimum of one week's advance
said hearing shall be published in the official
of the city.
14.Interlocal Cooperation with Snohomish County.For pro-
perties in the Benefit Area which are in the unincorporated area
of Snohomish county at the time that they apply for development
approvals,the city shall notify the County of the requirements
of this TIP and shall request the County to require compliance
with this TIP as a traffic mitigation measure under Titles 23
and 26B of the Snohomish County Code.
15.Satisfaction of Off-site Mitigation Obligations.Any
developer who complies with this TIP by paying the required
transportation improvement fee or by signing a Transportation
Improvement Fee Agreement shall be deemed to have satisfied all
off-site mitigation requirements with respect to the improvement
of the SR 528j47th Avenue N.E.and SR 528j67th Avenue N.E.inter-
sections,and construction of said developer's project shall not
be delayed pending completion of said intersection improvements.
16.Other Transportation Mitigation Requirements.
Participation in this TIP shall not excuse any developer from
complying with mitigation requirements relating to transportation
facilities other than the intersections referred to herein,or
from fully complying with section 12.02.170,12.02.180 and
12.02.190 of the Marysville Municipal Code relating to on-site
street improvements.
17.Continuing Status of TIP.This TIP shall remain in
continuous force and effect until the construction of the
intersection improvements referred to herein are completed and
until all properties within the Benefit Area have paid the
required transportation impact fees.If a parcel of property
which has paid its fees is subsequently subdivided into addition-
al parcels,additional fees will be due.Provided,that this TIP
shall automatically terminate,and no new fees with respect to
the same shall accrue,fifteen (15)years after the date that the
intersection improvements referred to herein are completed.
DATED:
CITY OF MARYSVILLE
By./~~
6
f'!e~
,MAYOR
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Filed for Record at Request of:
CITY OF MARYSVILLE
514 Delta
Marysville,WA 98270
TRANSPORTATION IMPROVEMENT FEE AGREEMENT
TRANSPORTATION IMPROVEMENT PROGRAM NO.89-2
This Agreement is made and entered into this
________,19__by
hereinafter referred to as "Developer."
WITNESSETH:
day of
WHEREAS,the Developer is the owner of certain real property
in the City of Marysville,Snohomish County,Washington,the
legal description of which is attached hereto as Exhibit A;and
WHEREAS,the Developer has applied to the city for the
subdivision of said property under File No.;and----
WHEREAS,the City has found that said proposed development
would have a direct quantifiable transportation impact on the SR
528/47th Avenue N.E.intersection and/or SR 528/67th Avenue N.E.
intersection,both of which are included within TRANSPORTATION
IMPROVEMENT PROGRAM No.89-2 (referred to herein as "TIP"),as
adopted by the Marysville City council by Ordinance No.
and the City has included the Developer's property in the Benefit
Area of said TIP;and
WHEREAS,said TIP provides for the payment of transportation
impact fees by all new developments within the Benefit Area
pursuant to Chapter 39.92 RCW;and
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WHEREAS,Developer desires to voluntarily participate in
said TIP so as to enable its project to proceed to construction
and occupancy as expeditiously as possible;NOW,THEREFORE,
THE DEVELOPER HEREBY AGREES AS FOLLOWS:
1.The Developer hereby agrees to participate in TIP No.
89-2 for the construction of signalization improvements at the
intersections of SR 528/47th Avenue N.E.and SR 528/67th Avenue
N.E.in the City of Marysville,Washington.
2.Pursuant to said TIP the Developer hereby agrees to pay
the city of Marysville the following traffic impact fees:
SR 528/47th Avenue N.E.Intersection:
peak hour vehicle trips at
$90.00 per hour =$__
SR 528/67th Avenue N.E.Intersection:
peak hour vehicle trips at
$112.00 per hour =$__
3.Payment of the fee shall comply with the option
selected below:
Option 1.Payment in a lump sum for all
vehicle trips generated by each phase of the
development at the time each such phase is
presented to the City for final approval
and/or recording;or
Option 2.Payment of the fee in five (5)
equal annual installments,including interest
accruing thereon at the rate of ten percent
(10%)per annum,commencing on the date of
final approval of the project by the city.
Provided,that payment in full for each
phase of a project shall be required before
any development permits are issued within
said phase.
4.In the event of default or delinquency by the Developer
on the payment of transportation improvement fees pursuant to
this Agreement,the City may withhold the issuance of development
permits and approvals and/or may commence collection litigation.
Any jUdgment entered against the Developer shall include court
costs and reasonable attorney's fees incurred by the city.
5.All provisions of TIP No.89-2 and Chapter 39.92 RCW,
are incorporated herein by this reference.
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6.This Agreement shall be binding on the Developer,its
heirs,successors and assigns,and shall be construed as a
covenant running with the land described in Exhibit A.
IN WITNESS WHEREOF,the Developer has caused these presents
to be executed on the date and year first above written.
DEVELOPER:
Address:
ACCEPTED BY THE CITY OF MARYSVILLE:
APPROVED AS TO FORM:
CITY ATTORNEY
BY~===-""7::===
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
I hereby certify that I know or have satisfactory evidence
that ~~~~signed this instrument and acknowledged
it to be free and voluntary act for the uses and purposes
therein mentioned.
DATED this _day of _19
NOTARY PUBLIC in and for the
State of Washington,residing
at ~_~__--,._
My commission expires:_
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