Chapter 14.09
TRANSPORTATION CONCURRENCY

Sections:

14.09.010    Administration.

14.09.020    Applicability.

14.09.030    Purpose and intent.

14.09.040    Definitions.

14.09.050    Concurrency test.

14.09.060    Phased development.

14.09.070    Certificate of capacity.

14.09.080    Exemptions.

14.09.090    Application filed prior to the effective date of the ordinance codified in this chapter.

14.09.100    Appeals.

14.09.110    Severability.

14.09.120    Effective date.

14.09.010 Administration.

The Public Works Department shall provide the overall coordination of the concurrency test by notifying transportation facility providers of all applications subject to the requirements of this chapter. (Ord. C-661 § 65, 2007)

14.09.020 Applicability.

These rules and regulations shall apply to all developments and their impact to locally owned arterials and transit routes within the corporate limits of the City. (Ord. C-661 § 66, 2007)

14.09.030 Purpose and intent.

The purpose of this chapter is to set forth standards by establishing a transportation concurrency system to ensure that transportation facilities needed are designed to be safe for drivers; bicyclists; transit vehicles and users; and pedestrians of all ages and abilities assuring that the minimum level of service standards are in place at the time of development or within six years as required by the Growth Management Act. The intent of this chapter is to implement the goals, policies, and implementing programs of the City of Airway Heights Comprehensive Plan. (Ord. C-720 § 1, 2010; Ord. C-661 § 67, 2007)

14.09.040 Definitions.

A. “Adequate transportation facilities” means transportation facilities that meet or exceed the adopted level of service standards set forth in the City’s Comprehensive Plan.

B. “Applicant” means any person, firm, agent, corporation, or entity who has applied for a development permit or approval.

C. “Available capacity” means the capacity for a transportation facility that is currently available for use.

D. “Capacity” means the maximum number of vehicle trips that can be accommodated during a specified travel period at a specified level of service. Capacity will be calculated according to the methodology used in the most current Highway Capacity Manual. Alternative methodology may be used only if it is pre-approved by the Public Works Director or his/her designee(s).

E. “Certificate of capacity” means a written document issued by the City of Airway Heights indicating the amount of available capacity for each facility that has been reserved for a specific development project on a specific parcel or lot. A certificate shall be in written form and may consist of a letter, finding of fact, acknowledgement on a building permit, or other similar method.

F. “Concurrency” means the provision for assuring that transportation improvements or strategies are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years so the levels of service do not fall below the level of service standards adopted in the Comprehensive Plan due to the impacts of new development.

G. “Department” means the Public Works Department.

H. “Development” means construction and/or modification of structures or improvements to land which will alter, modify, and/or expand a use of land.

I. “Development permit” means any land use approval or building permit.

J. “Director” means the Public Works Director or his/her designee.

K. “Facility provider” means the department or agency responsible for providing the transportation facility.

L. “Level of service standard (LOS)” means the number of units of demand per unit of capacity. The level of service standards used in concurrency tests are those standards specified in the capital facilities element of the Comprehensive Plan.

M. “Locally owned arterial” means all streets within the City of Airway Heights with a functional classification of minor or principal arterial, as identified in Table 14-1 in AHMC 14.09.050.

N. “Planned capacity” means the capacity for a transportation facility that is not yet available, but for which the necessary facility construction, expansion or modification project is contained in the current adopted capital facilities element and scheduled to be completed within six years.

O. “Transportation facility” means any improvement used for the movement of vehicles, including all locally owned arterials and transit routes as identified in Tables 14-1 and 14-2 in AHMC 14.09.050.

P. “Transportation strategies” means strategies to reduce vehicle trips, including increased public transportation service, ride-sharing programs, demand management, and other transportation systems management strategies (e.g., parking policies, trip shifting). (Ord. C-661 § 68, 2007)

14.09.050 Concurrency test.

A. Application. All development applications, unless exempted by AHMC 14.09.080, shall be subject to a test for concurrency as part of any development approval process, for those transportation facilities identified in Tables 14-1 and 14-2 below.

B. Procedures. The concurrency test shall be completed during the processing of any development permit application.

1. The Department shall provide the coordination of the concurrency test by notifying the facility providers of all applications subject to the requirements of this chapter, notifying the applicants of any test results, and notifying the facility provider of the final decision on the development or building permit.

2. A failure to comment on or review a development proposal by the notified facility provider shall not be construed to validate concurrency.

3. The facility provider shall be responsible for monitoring their available and planned capacity.

Table 14-1 

Street Classification

Street Name

Principal Arterial

SR-2

(Fairview Heights Road – Flint Road)

Hayford Road

(Deno Road – McFarlane Road)

Minor Arterial

Deno Road

(Craig Road – Hayford Road)

Craig Road

(Deno Road – McFarlane Road)

6th Avenue

(Craig Road – Garfield Street)

Garfield Street

(6th Avenue – McFarlane Road)

Lawson Street

(6th Avenue – McFarlane Road)

21st Avenue

(Lundstrom Street – Hayford Road)

McFarlane Road

(Craig Road – Hayford Road)

Sprague Avenue

(Russell Street – Hayford Road)

Table 14-2 

Local Transit Route

Street Name

Route 61

Hayford Road

(McFarlane Road to Northern Quest Casino)

SR-2

(Hayford Road to Craig Road)

Garfield Street

(SR-2 to McFarlane Road)

McFarlane Road

(Garfield Street to Lawson Street)

Lawson Street

(SR-2 to McFarlane Road)

Sprague Avenue

(Hayford Road to Airway Heights Correction Center)

C. Test.

1. Highway Capacity Manual methods selected by the Public Works Department shall be used to analyze project impacts to transportation facilities.

2. Level of service standards in the Comprehensive Plan shall be used as a starting reference to analyze project impacts.

3. Level of service standards shall be updated as necessary to account for traffic levels resulting from the following:

a. Traffic from newly created projects;

b. Projects for which traffic capacity has been tentatively reserved;

c. Projects for which a concurrency certificate has been awarded; and

d. Nonproject, general background traffic increases. Level of service information shall also be updated as necessary as a result of any discontinued concurrency certificates, road projects or new level of service analysis.

4. Each transportation facility affected by a proposed project shall be reviewed and analyzed for concurrency. If the development permit is for a change of use for an existing structure, the concurrency test will be for the new increase only. The applicant may be required to provide a traffic analysis if existing information does not provide adequate information to determine the level of service impacts.

5. If the concurrency test results in a finding that adequate transportation facilities exist, a certificate of capacity will be issued pursuant to AHMC 14.09.070.

6. If the concurrency test results in a finding that the affected transportation facilities fall below adopted levels of service, the application for the development permit shall not be approved unless one of the following conditions is met:

a. LOS standards are met by the applicant/owner and mitigating measures, which may include transportation strategies, needed to meet such standards are identified in an approved traffic study or other approved document.

b. The applicant/owner reduces traffic impacts to achieve an acceptable LOS by scaling the project down to reduce the number of vehicle peak hour trips generated by the project.

c. Demonstrate to the transportation facility provider’s satisfaction that the development will have lower than usual need for facilities, and therefore capacity is adequate.

D. Capital Facilities Plan. In determining capacity, consideration shall be made for transportation facilities or strategies proposed within the following six years as outlined in the capital facilities plan.

E. Additional Information. The Director may require additional information and/or traffic study(ies), at the applicant’s expense, to support any decision issued under this chapter. (Ord. C-661 § 69, 2007)

14.09.060 Phased development.

When a project is proposed in phases, or construction is expected to extend over an extended period of time, the applicant may offer a schedule of completion/occupancy that will be used by the Department to determine the schedule of transportation improvements that must be completed, or financially guaranteed, prior to completion/occupancy of each phase. The required transportation improvements shall be determined by analyzing the traffic impacts to be generated by the fully completed project. (Ord. C-661 § 70, 2007)

14.09.070 Certificate of capacity.

A. Issuance. A certificate of capacity shall be issued by the Director concurrently with any development approvals (building permit, preliminary plat/binding site plan approval, etc.). A certificate of capacity shall be in written form and may consist of a letter, finding of fact, acknowledgement on a building permit, or other similar method.

1. A certificate of capacity shall apply only to the specific land use or development project as outlined in any development permit application.

2. A certificate of capacity is not transferable to other lots, tracts, or parcels, but may be transferred to other applicants/owners of the same lot, tract, or parcel for which the certificate was issued.

B. Certificate Expiration. A certificate of capacity shall expire if the accompanying development approval expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development approval. If the accompanying development permit does not expire, capacity shall be considered to be available for five years after issuance of the certificate of capacity.

C. Unused Capacity. Any capacity that is not used due to changes in the development shall be returned to the City and considered available capacity. (Ord. C-661 § 71, 2007)

14.09.080 Exemptions.

A. No Impact. Development applications for proposals which create no additional impacts on any transportation facility are exempt from the provisions of this chapter, including but not limited to:

1. A development which generates less than 25 vehicle trips in or out of the development in the p.m. peak hour, except if the transportation facilities are at or above 90 percent of their capacity, concurrency review is required.

B. Single-Family Dwellings and Duplexes. New single-family dwellings and duplexes located on lots created before the effective date of the ordinance codified in this chapter shall be exempt from the provisions of this chapter.

C. Accessory Dwelling Units. All accessory dwelling units, as defined in Chapter 17.04 AHMC, shall be exempt from the provisions of this chapter.

D. Accounting for Capacity. The capacity for development permits exempted under subsections (A), (B) and (C) of this section shall be considered when issuing a certificate of capacity. (Ord. C-661 § 72, 2007)

14.09.090 Application filed prior to the effective date of the ordinance codified in this chapter.

A. Applications Filed. Complete development applications submitted prior to the effective date of the ordinance codified in this chapter shall be exempt from compliance with this chapter.

B. Preexisting Use. Development approvals issued prior to the effective date of the ordinance codified in this chapter shall be deemed to have adequate capacity so long as the accompanying development approval is valid. If the accompanying development permit does not expire, capacity shall be considered to be available for five years after the effective date of the ordinance codified in this chapter.

C. Change of Use. Development approvals issued prior to the effective date of the ordinance codified in this chapter which require a change of use permit or certificate of occupancy shall require a certificate of capacity. (Ord. C-661 § 73, 2007)

14.09.100 Appeals.

A. Procedure. The applicant may appeal the results of the concurrency test to the Hearing Examiner, consistent with the provisions set forth in Chapter 14.06 AHMC. (Ord. C-661 § 74, 2007)

14.09.110 Severability.

If any action, sentence, clause or phrase of this chapter shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. C-661 § 74, 2007)

14.09.120 Effective date.

The ordinance codified in this chapter shall be in full force and effect five days after publication of the ordinance summary. (Ord. C-661 § 74, 2007)