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A. The Director may make a finding of transportation concurrency, upon review of development impacts of an identified development, as follows:

1. Category 1 Corridors shall be presumed to operate at or above the adopted level of service between measurements.

2. Category 2 Corridors shall be presumed to operate at or above the adopted level of service between annual measurements when a three-year forecast based on measured corridor speed establishes that corridor speed will not fall below the adopted level of service.

3. Category 3 Corridors shall be monitored for transportation concurrency impacts according to methods and procedures established by the Director which may include detailed corridor modeling for which an applicant may be charged a fee.

4. Category 4 Corridors, corridors built to ultimate capacity, shall be monitored and managed for compliance with the adopted Corridor Management Plan. Compliance with an adopted Corridor Management Plan and consistency with the built out corridor total person trip capacity shall demonstrate transportation concurrency for a development that sends net new trips to a corridor built to ultimate capacity, and shall serve as the basis for the Director’s finding of transportation concurrency.

B. The Director shall issue a finding of transportation concurrency to the Development Review Authority when the Director determines that the proposed development’s projected impacts to a concurrency corridor will not cause the level of service to drop below the level of service standard and, when a development impacts a corridor built to ultimate capacity, the proposed development will comply with the Corridor Management Plan.

C. In determining whether a development’s projected impact upon concurrency corridor will cause the level of service to drop below the level of service standard, the Director shall consider:

1. Transportation improvements or strategies that will address the failing condition, when the financial commitment is in place to complete the improvement or strategy within six years of the development; and

2. Transportation improvements, strategies, or other measures proposed by the applicant which will be completed or implemented at the same time as the development and made a condition of development approval; and

3. A voluntary payment-in-lieu pursuant to VMC 11.95.060C. (Ord. M-4026 §15, 2012; Ord. M-4001 §2, 2011)