13.70.080 Denial of concurrency.
A. If adequate person trips are not available to serve a proposed development, then the concurrency evaluation shall not be approved and a temporary certificate of concurrency shall not be issued.
B. If the concurrency evaluation is not approved, the applicant shall select one of the following options:
1. Accept the denial of the concurrency evaluation and application for temporary certificate of concurrency. The development application will be determined to be incomplete, the project will be removed from subsequent concurrency evaluations, and the project will receive no further review by the city of Bellingham.
2. Amend and resubmit the concurrency application within 90 days to:
a. Reduce the scale and impact of the development project to be within the range of person trips available;
b. Phase the development project to match future construction of multimodal transportation infrastructure or services that adds needed person trip capacity;
c. Provide transportation demand management or person trip reduction strategies, when the department determines that such strategies will be reasonably sufficient as to reduce the impact to be within the range of person trips available; or
d. Voluntarily arrange, by a financial commitment or instrument approved by the public works director to implement multimodal transportation improvements or transportation demand management strategies needed to achieve concurrency. Transportation mitigation must be acceptable to the city in form and amount, to guarantee the applicant’s financial obligation for capital improvements to achieve concurrency approval for the development units.
3. The 90-day period to amend the concurrency application shall begin no later than 14 days after notification of denial for the concurrency evaluation and temporary certificate of concurrency, as required under this chapter.
4. If the applicant elects to amend the concurrency application within the 90-day period, then the applicant’s 14-day appeal deadline shall begin on the date the public works director issues a written decision on the amended concurrency application.
5. Appeal the denial of concurrency and nonissuance of a temporary certificate of concurrency, pursuant to the provisions of BMC 13.70.140.
C. If a development that is consistent with the zoning provided in the comprehensive plan fails the concurrency evaluation, the city may review whether the underlying zoning is appropriate in the given area, as well as the feasibility of providing increased multimodal transportation capacity in the area, consistent with the adopted comprehensive plan and projected six-year transportation improvement program funding. [Ord. 2008-12-113; Ord. 2006-04-041].