Title 18 - Unified Development Ordinance

18.400.040 Rough Proportionality Determination

1. A.
   Every application for a Development Approval shall include identification of Thoroughfare rights-of-way abutting the proposed project. The City staff shall process and evaluate the Development Approval Application and shall make a determination of right-of-way and temporary construction easement dedication requirements in accordance with this Section.
2. B.
   The City staff shall first determine the cost impacts on affected Thoroughfares created by the proposed development, using the following method:

   1. 1.
      Step 1: Traffic demand first shall be determined by estimating the number of average weekday vehicle trip ends generated by the type of land use proposed for the development, divided by a factor of two (2), using Table 18.400.040A, below:

In the event that the proposed land use is not listed in Table 18.400.040A, above, the City staff shall determine the number of vehicle trip ends based on the information contained in the latest edition of Trip Generation, An Information Report or other comparable sources.

2.   
   2. 2.
      Step 2: Traffic demand for the proposed development shall be converted to the total number of Thoroughfare trip-miles attributable to the project by multiplying the total vehicle trip ends calculated in Step 1 by the average trip length on the City's Thoroughfare system by proposed land use type and the traffic zone of the proposed development, using Table 18.400.040B, below:

1.   
   3. 3.
      Step 3: Total costs of the Thoroughfare trip miles of demand attributable to the project shall be determined by multiplying the total number of Thoroughfare trip-miles calculated in Step 2 by the average cost of constructing a trip mile by location of the project calculated by dividing the average cost of constructing a mile of standard Thoroughfare by the weighted average projected traffic volumes on Thoroughfares for each zone. Table 18.400.040C, below, lists the projected traffic volumes for each zone and the calculated cost per trip-mile:

1.   
   4. 4.
      Step 4: The net total costs of the Thoroughfare trip miles of demand attributable to the project shall be determined by reducing the total costs of the Thoroughfare trip-miles of demand calculated in Step 3 by the amount of the excise tax due for the development project, calculated in accordance with Ordinance No. EX-1880, as amended, Ordinance No. EX-1885, as amended, and Ordinance No. REB-1882, as amended.

3. C.
   The City staff next shall determine the costs of Thoroughfare rights-of-way abutting the development, using the following method:

   1. 1.
      Step 1: Additional right-of-way needed for all abutting Thoroughfares shall be identified in accordance with the process set out in Section 18.130.050. Rights-of-way for abutting Thoroughfares shall be quantified in square feet.
   2. 2.
      Step 2: The costs of abutting Thoroughfare rights-of-way shall be calculated by multiplying the total square footage determined in Step 1 by estimated costs per square foot of land, based upon the most recent appraised values of the property as determined by the Johnson County Appraiser's Office.
4. D.
   The cost of the proposed rights-of-way to be dedicated to the City shall be compared to the net cost of Thoroughfare trip miles attributable to the development, and the proportionality of the dedication to the costs impacts on affected Thoroughfares shall be determined accordingly. The City staff shall set forth such determination in writing and forward it to the decision-makers for the Development Approval, for one of the following actions:

   1. 1.
      If the net cost of the Thoroughfare trip miles attributable to the development is equal to or greater than the cost of the proposed rights-of-way to be dedicated to the City, all of the abutting Thoroughfare rights-of-way shall be dedicated to the City at no cost. In such event, the granting of the Development Approval shall be conditioned on dedication of such rights-of-way.
   2. 2.
      If the net cost of Thoroughfare trip miles attributable to the development is zero or less, no dedication of abutting Thoroughfare rights-of-way or temporary construction easements shall be required.
   3. 3.
      If the net cost of Thoroughfare trip miles attributable to the development is more than zero but less than the cost of abutting Thoroughfare rights-of-way to be dedicated, the developer shall be required to dedicate a portion of the abutting Thoroughfare rights-of-way, not to exceed an area equal to the net cost of Thoroughfare trip miles attributable to the development divided by the per-square-foot value of the rights-of-way. The nature and boundary of the exactions shall be determined by the City staff. With the consent of the applicant, the City staff may elect the option of purchasing all of the rights-of-way, discounted by the net cost of Thoroughfare trip miles attributable to the development. The granting of the Development Approval shall be conditioned on such partial dedication of rights-of-way, or purchase of the entire rights-of-way.
5. E.
   In the case of an Integrated Development Project, determination of the proportionality of proposed dedication of abutting Thoroughfare rights-of-way shall be made in accordance with the procedure described in subsections A. through D., above, utilizing all Thoroughfare trip miles generated by or to be generated by the Integrated Development Project, all excise taxes paid or to be paid for the project, the costs of any prior dedication of Thoroughfare rights-of-way, and all thoroughfare rights-of-way abutting any phase of the project in the formulas established herein. The City may condition the granting of the Development Approval under consideration on dedication of all abutting Thoroughfare rights-of-way that may be exacted, using the methodology in this Section.
6. F.
   In the case of a Redevelopment Project, the determination of the proportionality of proposed dedication of abutting Thoroughfare rights-of-way shall be made in accordance with the procedure described in subsections A. through D., above, utilizing all trip miles to be generated by the Redevelopment Project, but reducing net cost of Thoroughfare trip miles by the amount of excise taxes previously paid or the costs of Thoroughfare rights-of-way previously dedicated.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §4, 97)

Effective on: 1/1/1901