(A) Generally. No determination as to compliance with this section shall be recommended by the Code Enforcement Officer or rendered by the approving agency unless public facilities within the impact areas set forth in Column (D) of Table 153.1340(A) of this chapter are:
(1) Adequate, as measured by the adopted LOS (refer to Column (C) of Table 153.1340(A) of this chapter); and
(2) Available (refer to Column (E) of Table 153.1340(A) of this chapter).
(B) Level of service standards. Compliance with LOS standards shall be measured for each public facility set forth in Column (A) of Table 153.1340(A) of this chapter in accordance with the corresponding standards set forth in Column (C) of Table 153.1340(A) of this chapter. The LOS for each application for development approval shall be measured within the impact area set forth in Column (D) of Table 153.1340(A) of this chapter for each corresponding facility in Column (A). Column (E) of Table 153.1340(A) of this chapter indicates whether planned capacity may be included in determining whether the improvements are available. Rules for interpretation of Table 153.1340(A) of this chapter are in § 153.0008 of this chapter.
(C) Adequacy of public facilities. Public facilities shall be adequate if it is demonstrated that they have available capacity to accommodate the demand generated by the proposed development as well as committed pipeline development approvals in accordance with the following calculation methodology:
(1) Calculate total capacity by adding together the total capacity of each public facility;
(2) Calculate net available capacity by subtracting from the total capacity the sum of:
(a) The demand for each public facility created by existing development;
(b) The demand for each public facility created by the anticipated completion of committed pipeline development; and
(c) The demand for each public facility created by the anticipated completion of the proposed development under consideration for determination.
(D) Transportation analysis.
(1) Measurement. The procedure for calculating LOS is set forth in the Highway Capacity Manual 2000. The impact of the proposed development shall be measured by average daily trips and peak-hour trips based upon the Institute of Transportation Engineers’ Trip Generation.
(2) Mitigation. The applicant may propose mitigation measures, or a combination of measures, as described in this section, as an alternative to denial of the application. These measures shall be included as a condition for approval of the application. Mitigation measures may include:
(a) Phases so that no development approval is issued before streets or other transportation facilities needed to achieve the LOS standard are constructed;
(b) Measures that allow the transportation network to function more efficiently by adding sufficient capacity to the off-site street system. Such mitigation measures may include, but are not limited to, pavement widening, turn lanes, median islands, access controls or traffic signalization; and
(c) Transportation congestion management measures that allow the transportation network to function more efficiently by adding sufficient capacity to the off-site street system.
(3) Exemptions.
(a) The city finds and determines that downtown and urban core built-up areas consist of:
1. Interconnected street systems, mixed uses and the availability of pedestrian facilities that result in fewer trips than conventional subdivisions;
2. Compact development patterns that produce fewer and shorter trips than conventional developments; and
3. Established traffic patterns and infrastructure within the urban core constitute a strong public policy to exempt the downtown area built-up areas and adjacent urban core from APFO requirements. The city further finds that there is a strong public policy to encourage infill development and little opportunity to expand transportation capacity in many infill areas without destroying the historic built environment.
(b) Accordingly, the following are exempt from the provisions of this section:
1. Applications for development approval within the “D” (Downtown) District;
2. Any traditional neighborhood development (TND) or transit-oriented development (TOD);
3. Infill development where public transit is available within a one-fourth-mile distance, or broad-based retail commercial is within walking distance; and
4. Mixed-use development with a 2:3 ratio of jobs-housing balance.
(E) Fire, police and emergency services. Needed fire protection flow shall be determined in accordance with the Insurance Services Office, “Fire Suppression Rating Schedule” (June 1980 edition). In determining the impact of the proposed development on fire, police and emergency service LOS, the approving agency shall primarily take into consideration response times, and the number and location of available apparatus and fire, police and emergency service stations. For purposes of this section, the placement of fire hydrants, the size of water lines and the distance between buildings shall not be considered in determining the capacity of fire protection improvements.
(F) Water.
(1) Development approval applications shall be analyzed with respect to the availability of adequate potable water, and shall be determined pursuant to the following information:
(a) System capacity;
(b) Capacity of wellfield, or other source of raw water supply;
(c) Historical average flow of potable water;
(d) Historical peak flow of potable water;
(e) Number of hook-ups and the estimated potable water demand per hook-up; and
(f) Number of hook-ups for which contractual commitments have been made.
(2) The determination of the Code Enforcement Officer shall provide substantial evidence that the project is within its service area and that it has the capacity to serve the project as proposed. If the ability of a provider to serve a proposed development is contingent upon planned facility expansion in accordance with a CIP, details regarding such planned improvements shall be submitted.
(G) Sewer.
(1) Applications shall be analyzed with respect to the availability of adequate sanitary sewer capacity, and shall be determined pursuant to the following information:
(a) System capacity;
(b) Historical average daily flow of treated sewage;
(c) Historical peak flow of treated sewage;
(d) Number of hook-ups and estimated sewer demand per hook-up; and
(e) Number of hook-ups for which contractual commitments have been made.
(2) The applicant shall provide documentation to the Code Enforcement Officer indicating that the project meets the service area LOS and has the capacity to serve the project. If the ability of a provider to serve a proposed development is contingent upon planned facility expansion in accordance with a CIP, details regarding such planned improvements shall be submitted.
(H) Community parks. In determining compliance with the LOS standard for community parks, an inventory of the number of community parks shall be maintained in the CIP. The distance of a proposed development from a community park shall not be considered for purposes of determining compliance with the adopted LOS. The Code Compliance Officer shall forward the application to the Kingsbury Park District for review and comments. The approving agency shall consider the comments and recommendations of the Kingsbury Park District, but shall retain ultimate discretion to determine whether community parks are adequate for purposes of this section.
(Ord. 3020, passed 9-10-2013, § 6.6)