Chapter 16.12
CONCURRENCY
Sections:
16.12.020 Development exempt from project concurrency review.
16.12.030 Concurrency facilities and services.
16.12.040 Project concurrency review.
16.12.060 Transportation concurrency.
16.12.070 Non-transportation concurrency.
16.12.080 Certificate of capacity.
16.12.090 Facility capacity fees.
16.12.010 Purpose.
Pursuant to the State Growth Management Act the city is encouraged to ensure that transportation improvements to accommodate the impacts of development are in place at the time a project is first occupied, or that a financial commitment is in place to complete the improvements within six years.
The city is also encouraged to ensure that public facilities and services necessary to support development are adequate to serve the development at project occupancy.
Certain public facilities and services also need to be analyzed before the city can issue a project permit for a specific development. This chapter addresses both the annual concurrency review process and the system whereby individual development projects are examined for concurrency and development permits are issued only after it is demonstrated that the levels of service will not be degraded below the adopted level of service standards for these facilities and services. (Ord. 813 §1 (part), 2005).
16.12.020 Development exempt from project concurrency review.
All development shall undergo project concurrency review unless specifically exempt as follows:
A. Exempt Development Permits. The following development permits are exempt from Project Currency Review:
1. Boundary Line Adjustment.
2. Final Subdivision (if a concurrency test was conducted for the corresponding Preliminary Subdivision).
3. Rezone (but not including a contract rezone which establishes a specific timeline for constructing the specific use and a deadline for such construction after which the contract rezone expires).
4. Street Vacation.
5. Temporary Use Permit.
6. Variance.
B. Exempt Types or Levels of Development. Permits for the following types or levels of development are exempt from Project Concurrency Review:
1. Single-family home.
2. Duplex.
3. Accessory Dwelling Unit.
4. Any addition to, renovation or replacement of a structure with no change in use and no more than one additional dwelling unit added, such as re-roofing.
5. Any accessory structure with no change in use and no more than one additional dwelling unit added.
6. Interior completion of a structure for a use with the same or less intensity as the existing use or a previously approved use.
7. Temporary construction trailers.
8. Driveway, resurfacing or parking lot paving.
9. Demolition.
10. Any other permit or approval that the administrative official determines has no impact on a concurrency facility or service. (Ord. 813 §1 (part), 2005).
16.12.030 Concurrency facilities and services.
The following Concurrency Facilities and Services, if used by the proposed development, must be evaluated during Project Concurrency Review: city streets, public water systems, public sewer systems, public storm sewer systems, fire. (Ord. 813 §1 (part), 2005).
16.12.040 Project concurrency review.
A. Timing. All Applicants for development permits, except those exempt, shall apply for project concurrency review at the time applications for development project permits are submitted. Inquiries about availability of capacity on concurrency facilities and services may be made prior to development permit applications, but responses to such inquires are advisory only and available capacity can only be reserved through a certificate of capacity as set forth in this chapter.
B. Procedures.
1. Applications for Project Concurrency Review shall be submitted on forms provided by the director of public works.
2. Project Concurrency Review shall be performed for the specific property, uses, densities and intensities based on the information provided by the applicant. The Applicant shall specify densities and intensities that are consistent with the uses allowed or to be vested for the property. If the project concurrency review is being requested in conjunction with a contract rezone, the applicant shall specify the densities and intensities consistent with the proposed contract zoning for the property.
3. Upon receipt of a complete application for a development permit, there shall be a tentative reservation of traffic impacts on city streets and a tentative reservation of capacity for Non-transportation concurrency facilities and services that will serve that development in order to account for the potential future traffic impacts and future use of capacity by that development. That tentative reservation shall convert to a final reservation of traffic impacts/capacity upon issuance of a Certificate of Capacity or shall become void in the event that project permits for the development are not issued.
4. The director of public works shall notify the concurrency facility and services providers not under his supervision of all applications received requiring project concurrency review and request a concurrency determination.
5. The concurrency facility and services providers shall notify the applicant and the director of public works of the results of the concurrency determination within thirty days. If additional information is needed to determine concurrency, such additional information may be requested by the concurrency facility and service provider, but such request shall not make the original application to be deemed incomplete.
6. The decision maker for the project permit(s) shall make a final concurrency decision as part of the development permit decision(s) based on the concurrency determination and all relevant evidence presented in the public record on the project permit. The development permit may be conditioned as necessary to ensure that an improvement relied upon to demonstrate concurrency will be completed or a Transportation Systems Management strategy will be implemented in the required time frame. The Final Concurrency Decision shall be a part of the permit decision which is appealable pursuant to Chapter 16.06 PMC.
7. If the decision maker concludes that there is no concurrency and the project permit cannot be conditioned to accomplish concurrency, the project permits shall be denied.
8. If the decision maker concludes that there is concurrency and issues project permits, the planning and permit center shall issue a certificate of capacity to the applicant with a copy sent to each concurrency facility and service provider. The certificate of capacity shall be used to maintain an accounting of traffic impacts on city streets and capacity for non-transportation concurrency facilities and services that has been reserved.
9. If the development permit for a project is withdrawn, expires or is otherwise canceled, the certificate of capacity for that development shall automatically be voided. The planning and permit center shall send notice of all voided certificates of capacity to each concurrency facility and service provider.
C. Administrative Rules. The mayor may, by administrative order, establish administrative rules to manage project concurrency review.
D. Relation to Other Requirements. Compliance with or exemption from the requirements of this chapter shall not exempt a development project from compliance with all other requirements of the Uniform Development Code. (Ord. 813 §1 (part), 2005).
16.12.050 Phased development.
When a development is proposed in phases or construction is expected to extend over some period of time, the applicant may offer a schedule of occupancy that limits the occupancy during any given period of time. When there is such an offer, the schedule of occupancy shall be used in identifying the improvements or Transportation Systems Management strategies that will be required to be implemented with each phase or time period of the development to comply with Project Concurrency Review. All permits based upon a schedule of occupancy shall be conditioned so that the improvements or Transportation Systems Management strategies identified as being necessary to comply with Project Concurrency Review are completed prior to each identified development phase (e.g., final plat approval, phased building permit). When an applicant is relying on funded projects to demonstrate transportation concurrency, the funded projects necessary for concurrency with the level of service standards must be identified at the time of the final concurrency decision. (Ord. 813 §1 (part), 2005).
16.12.060 Transportation concurrency.
The director of public works, in consultation with Engineers if necessary, shall determine the transportation needs of the project including both new construction to the site area and reconstruction of existing facilities needed to provide transportation capability. (Ord. 813 §1 (part), 2005).
16.12.070 Non-transportation concurrency.
A. Development projects required to obtain a Concurrency Determination for Non-Transportation Facilities and Services shall demonstrate that there is concurrency with each Non-Transportation Facilities and Services as follows:
1. For Water. If the project is within the service area for city public water system, the applicant has a letter of water availability from the city water department and the project is conditioned as appropriate to provide water system improvements necessary to meet the needs of the development without degrading water service to the existing users.
2. For Sewer. If the project is within the service area for city public water system, the applicant has a letter of water availability from the city water department and the project is conditioned as appropriate to provide water system improvements necessary to meet the needs of the development without degrading water service to the existing users.
3. For Fire. The project provides fire flow in accordance with the Uniform Fire Code and the city fire chief has specified that the fire department has the capability to provide desired protection and fire fighting ability desirable for the proposed development.
B. Non-Transportation Facility and Services Providers shall be responsible for maintaining and monitoring the available capacity for their facility for the purpose of responding to requests for project concurrency determinations and for responding to requests by the city during a concurrency determination. The providers shall take into account existing use of their facility, additional use from anticipated growth, new projects for which capacity has been tentatively reserved and new projects for which a Final Concurrency Decision has been made, and additional capacity available as a result of any discontinued certificate of capacity and capacity improvements that are funded and under construction.
C. To demonstrate concurrency with each of the non-transportation facilities and services the applicant may:
1. Demonstrate that the development will have a lower need for capacity than usual; or
2. Modify the application to reduce the need for capacity; or
3. Offer binding mitigation measures that will provide additional capacity necessary to maintain the level of service standard upon project occupancy. (Ord. 813 §1 (part), 2005).
16.12.080 Certificate of capacity.
A. A certificate of capacity shall only be issued upon payment of any concurrency fee due and performance of any precondition established in the permit decision as a prerequisite for obtaining such certificate.
B. A certificate of capacity shall apply only to the specific land uses, densities, intensities and development project described in the application and development permit.
C. A certificate of capacity is not transferable to other property, but may be transferred to new owners of the same property.
D. A certificate of capacity shall remain valid so long as the accompanying development permit has not expired or been revoked.
E. A certificate of capacity is valid for any modification of the permits for which the certificate was issued so long as such modification does not require the applicant to obtain a new development permit.
F. Any capacity that is not used because the full extent of the development is not built shall be returned to the pool of available capacity (Ord. 813 §1 (part), 2005).
16.12.090 Facility capacity fees.
Concurrency Facility and Service Providers may charge concurrency fees based upon a fee schedule adopted by city council resolution (Ord. 813 §1 (part), 2005).