Chapter 25.10
CONCURRENCY TEST

Sections:

25.10.010    Timing.

25.10.020    Procedures.

25.10.030    Test.

25.10.040    Concurrency for phased development.

25.10.050    Public notice of concurrency test.

25.10.010 Timing.

All applicants must apply for the concurrency test and receive notice of passing the test before the city will consider an application for any development permit or building permit to be complete. (Ord. 3830 § 1 (part), 2002: Ord. 3552 § 1 (part), 1997)

25.10.020 Procedures.

(1)    Applications for concurrency shall be submitted on forms provided by the public works department and shall be tested in the order that the public works department determines the application is complete.

(2)    The applicant shall be responsible to provide to the public works department a certificate of availability for sewer and water with the concurrency application submittal if the property is serviced by a noncity managed utility.

(3)    The applicant shall submit vehicular and person trip generation analysis for anda description of the development, including location, and gross floor area by use, with the concurrency application.

(4)    A concurrency test shall be performed only for specific property, uses, densities, and intensities based on the information in the completed concurrency application provided by the applicant. The applicant shall specify densities and intensities that are consistent with the uses allowed in Title 23, the Zoning Code, for the property. If the concurrency test is being requested in conjunction with a rezoning, the applicant shall specify densities and intensities that are consistent with the proposed zoning for the property. Changes to the uses, densities, and intensities that create an additional impact of more than ten person trips or that result in a total project impact of more than forty person trips shall be subject to an additional concurrency test. Changes to the uses, densities, and intensities that create a reduced impact do not require an additional concurrency test.

(5)    The public works official will perform the concurrency test prior to approval of the development permit or building permit.

(6)    The public works official will notify the applicant of the test results (approval or denial) in writing and will notify other city departments of the test results and post the results on an area of the public city of Kirkland website designated for such notice within the time period established in the department’s administrative procedures for concurrency. The date of the written notification to the applicant shall be the date of issuance of the concurrency test notice.

(7)    The concurrency test notice shall expire unless a certificate of concurrency is issued or an extension of the notice is granted within one year from the date of issuance of the notice.

(8)    An applicant must apply for a new concurrency test if the notice expires or an extension is not granted.

(9)    The public works official may approve an extension of up to one year if:

(a)    The applicant submits a letter in writing requesting the ex    tension before the expiration date, can show that he/she is not responsible for the delay in issuing the certificate of concurrency and has acted in good faith to obtain a certificate; and

(b)    If the property is serviced by a noncity Managed utility, then the applicant must submit a letter from the utility approving the extension before the expiration date.

(10)    Once the associated development permit or building permit is approved, the public works department will issue a final certificate of concurrency as set forth in Chapter 25.12.

(11)    The public works department shall be responsible for accumulating the impacts created by each application and removing any impacts from the city’s concurrency records for an expired concurrency test notice, an expired development permit or building permit, a discontinued certificate of concurrency, or other action resulting in an applicant no longer causing impacts which have been accounted for in the city records.

(12)    The public works department shall be responsible to coordinate with applicable noncity managed utility districts for maintaining and monitoring of available and planned capacity for noncity managed utilities. (Ord. 4509 § 12, 2015: Ord. 3830 § 1 (part), 2002: Ord. 3552 § 1 (part), 1997)

25.10.030 Test.

Development applications that would result in a reduction of level of service below the established level of service standard shall not be approved. For potable water and sanitary sewer, only available capacity will be used in conducting the concurrency test. For roads, available and planned capacity will be used in conducting the concurrency test.

(1)    For sewer and water, if the capacity of the concurrency facilities with the development application is equal to or better than the capacity required to maintain the established level of service standard, then the concurrency test is passed.

(2)    For roads, the concurrency test consists of comparing the existing person trip capacity to the estimated person trip generation of the development being tested. The test is passed if the existing capacity is greater than the estimated person trip generation.

(3)    If the concurrency test is not passed for water, sewer or roads, then the applicant may retest for concurrency after doing one or both of the following:

(a)    Modify the application to reduce the need for the concurrency facilities that do not exist. Reduction of need can be through reduction of the size of the development, reduction of trips generated by original proposed development, or phasing of the development to match future concurrency facility construction; or

(b)    Arrange with the public works department and fund improvements for additional capacity.

(4)    If the concurrency test is not passed for water, sewer or roads, then the applicant may request reconsideration of the results of the concurrency test by the public works director in accordance with the provisions of Chapter 25.22. (Ord. 4509 § 13, 2015: Ord. 4305 § 1, 2011: Ord. 3830 § 1 (part), 2002: Ord. 3552 § 1 (part), 1997)

25.10.040 Concurrency for phased development.

(1)    An applicant may request concurrency for a phased development if the public works official determines that the two criteria described below in subsection (2) of this section are met and the application for concurrency is accompanied by a schedule for construction of the buildings, parking and other improvements and by a written request for the development to be considered in phases.

(2)    The public works official may approve concurrency for phased development if both of the following criteria are met:

(a)    No associated development permit is required before building permit applications can be submitted; and

(b)    The application is for an integrated development site plan with multiple buildings that are interdependent for vehicular and pedestrian access and parking.

(3)    A concurrency application for phased development shall follow the same timing and procedure as set forth in Chapters 25.10, 25.12 and 25.20 of this title, except that:

(a)    Only one concurrency test notice will be issued for all buildings proposed for phased development;

(b)    Each building approved for phased development will be issued a certificate of concurrency at the same time as the building permit; and

(c) The concurrency test notice for an approved phased development shall be valid for five years from the date of its issuance; provided, that a certificate of concurrency is issued for a building within one year of the date of issuance of the concurrency test notice or within two years of the date of issuance of the concurrency test notice if an extension is timely requested request and granted.

(4)    Pursuant to Section 25.10.020, the public works official may approve an extension of up to one year for obtaining the first certificate of concurrency and the final certificate of concurrency for the phased development.

(5)    In no case shall the concurrency test notice be valid for more than six years from the date of issuance of the notice. The applicant must apply for a new concurrency test for any buildings approved for phased development that have not been issued a building permit within six years from the date of issuance of the concurrency test notice. (Ord. 3830 § 1 (part), 2002)

25.10.050 Public notice of concurrency test.

(a)    The public works official shall provide notice of issuance of the concurrency test notice and the concurrency test decision on an area of the public city of Kirkland website designated for such notice.

(b)    The notice shall include the name of the applicant, the city file number, the parcel number(s), the address if available, a description of the development and the procedures for filing an appeal. (Ord. 4509 § 14, 2015: Ord. 3830 § 1 (part), 2002)