Sec. 655.409. - Available Capacity Determination.

In evaluating a proposed residential development for concurrency, any relevant improvements which are committed or planned in the Five-Year Capital Facilities Plan and the Capital Improvement Plan, shall be considered available capacity for the project and factored into the level of service analysis. Any relevant improvements which will commence construction after the 3rd year of the Five-Year Capital Facilities Plan shall not be considered available capacity for the project unless either: (i) Funding to accelerate the improvement into the first three years is assured through DCPS; (ii) Funding for the improvements which are scheduled to commence in years four or five is provided through proportionate share mitigation; (iii) The developer agrees to accelerate the construction of the facility so as to commence within the first three years; or (iv) Some other means. Also, any projected reduction in the number of students enrolled in the CSA or adjacent CSA will be considered as additional available capacity. The City shall not deny an application for site plan, final subdivision approval, or the functional equivalent for a development or phase of a development authorizing residential development for exceeding the adopted level of service, where adequate school facilities will be in place or under construction within three years after the issuance of final subdivision or site plan approval, or the functional equivalent. (Ord. 2007-1146-E, § 2)