2020, 01-09 Agenda Packet Stiokane
.001FValley
Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
January 9, 2020 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: December 12, 2019
VI. COMMISSION REPORTS
VII. ADMINISTRATIVE REPORT
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
IX. COMMISSION BUSINESS:
i. Findings of Fact: CTA-2019-0004, a proposed amendment to
SVMC 22.70.020 Fencing, fence heights in residential zones.
ii. Public Hearing: STV-2019-0005, a proposed street vacation of
portions of 12th and 13th Avenues, the alley between 12th and 13th
Avenues and Chronicle Road.
iii. Study Session: Update - Planning Commission Rules of Procedure
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall
December 12, 2019
I. Chair Johnson called the meeting to order at 6:00 p.m.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Assistant Robin Holt called roll and the following members and staff were present:
James Johnson Jenny Nickerson, Building Official
Danielle Kaschmitter— late excused Cary Driskell, City Attorney
Timothy Kelley Lori Barlow, Senior Planner
Robert McKinley
Raymond Friend
Michelle Rasmussen Deanna Horton, Administrative Assistant
Matt Walton Robin Holt, Administrative Assistant
Hearing no objections Commissioner Kaschmitter was excused and arrived at 6:06 p.m.
IV. AGENDA: Commissioner Walton moved to approve the December 12, 2019 agenda as
written. There was no discussion. The vote on the motion was seven in favor, zero opposed,
and the motion passed.
V. MINUTES: Commissioner Walton moved to approve the November 14, 2019 minutes as
written. There was no discussion. The vote on the motion was seven in favor, zero opposed,
and the motion passed.
VI. COMMISSION REPORTS: Commissioner Johnson reported he attended an auction at the
Temple Beth Shalom on November 16, 2019; on November 18, 2019 he attended the
NAACP general meeting; on November 6, 2019 he attended the City Council meeting and
thanked Council Member Wood for his service; on November 3, 2019 he attended a joint
meeting between Spokane Human Rights Task Force and the Spokane Human Rights
Commission related to the planning of an awards banquet; November 4, 2019 he attended
the Spokane Human Rights Commission meeting related to developing an office of Civil
Rights and December 10, 2019 he attended the Spokane County Human Rights Task Force
regular meeting.
VII. ADMINISTRATIVE REPORT: There was no administrative report.
VIII. PUBLIC COMMENT:
Sheri Robinson, City of Spokane Valley; Ms. Robinson asked the Commission to revisit a
code change related to multifamily housing in providing green space for playgrounds and
pools. She spoke about millennials and retirees wanting higher walkability scores. She spoke
about the concerns related to multifamily housing being located in the residential zones adding
that multifamily housing needs to be near services and transportation. She also asked the
Commission to entertain a crosswalk at 22nd Avenue and University Road near Bowdish Junior
High. She explained the middle school students cross there and it is unsafe, she gave several
examples to include a fatality.
IX. COMMISSION BUSINESS:
i. Findings of Fact: CTA-2019-0003, a proposed amendment to SVMC 22.110.0 Signs-
Aesthetic corridors.
12-12-2019 Planning Commission Minutes Page 2 of 4
Senior Planner Lori Barlow provided background into the proposed amendment CTA-
2019-0003, allowing wall signs in the aesthetic corridors. Ms. Barlow explained that the
findings of fact formalize the process and decisions the Commission has made. Ms.Barlow
advised this item has been before the Commission on two prior occasions. The Planning
Commission held a public hearing and conducted deliberations on October 24, 2019 voting
four to zero forwarding a recommendation of approval to City Council.
Commissioner Walton moved to approve Findings of Fact CTA-2019-0003 as presented.
There was no discussion. The vote on the motion was seven in favor, zero opposed, and
the motion passed.
ii. Public Hearing: CTA-2019-0004, a proposed amendment to Spokane Valley
Municipal Code(SVMC) 22.70.020 Fencing, fence heights in residential zones.
Chair Johnson opened the public hearing at 6:12 p.m.
Ms. Nickerson provided a brief background and presentation related to fence height
regulations in the residential zones. Ms.Nickerson explained this item has been before the
Commission on multiple occasions for discussion and review. A Study Session was held
on November 14, 2019 and tonight the Public Hearing.
Ms. Nickerson addressed the suggested language related to an increase fence height for
multifamily use through an administrative exception discussed during the last meeting. She
continued, SVMC 22.70.020 section (c) now states that an administrative exception may
be granted for a fence of more than six feet in height,but no more than eight feet in height,
with a permitted non-residential a raw u u u 1 u „a p „r use in a residential zoning district.
There was some discussion regarding residential and non-residential fence heights related
to electric fence components. It was conclude those details would be addressed through an
administrative exception as listed in code.
Chair Johnson closed the public hearing at 6.•16 p.m.
Commissioner Walton moved to approve CTA-2019-0004 as presented. There was no
discussion. The vote on the motion was seven in favor, zero opposed, and the motion
passed.
iii. Study Session: STV-2019-0005, a proposed street vacation of portions of 12' and 13th
Avenues, the alley between 12' and 13th Avenues and Chronicle Road.
Ms. Barlow provided a presentation outlining the privately initiated street vacation for
portions of 12th and 13th Avenues and the alleyway in-between as well as a portion of
Chronicle Road. Ms. Barlow explained this request is in the southwest portion of the City
near the intersection of 12th Avenue and Carnahan Road. The area to be vacated is
surrounded by residential development to the south and vacant or developing properties to
the northeast and northwest. Ms. Barlow noted the proposed area does cross over a
waterbody that was created by previous mining activities.
Ms. Barlow provided procedural overview advising the Planning Commission is currently
conducting the study session. The public hearing will be held on January 9, 2020 and the
formalization of the Commission's decision will be held on January 23, 2020 with the
Findings of Fact.
Ms. Barlow advised that in processing a street vacation staff reviews connectivity, traffic
volume, future developments and access. Potential conditions to consider would be utility
and easement access, removal of the portion of the street or streets vacated and design or
construction improvements.
12-12-2019 Planning Commission Minutes Page 3 of 4
Ms.Barlow explained the applicant feels the site is unconstructible and this vacation would
allow for full development. The alleys are no longer required for public use or access and
the on-site wetlands interfere with the construction of 13th Avenue.
Ms. Barlow provided an aerial view of the critical areas relative to the site. The
unimproved portions of 12th and 13th Avenues and Chronical Road are within the City's
floodplain area and a wetland. Ms. Barlow explained the request is to vacate 500 feet of
Chronical Street at a full width right-of-way of 60 feet wide. 385 feet of 13th Avenue also
at a full width ROW. Lastly, 12 feet of alleyway between 12th and 13th Avenues and 385
feet of 12th Avenue at a half width ROW of 30 feet.
Ms. Barlow detailed potential issues explaining that adjacent properties need access for
future development, as the proposed area is zones R-3. If Chronicle Road were to be
vacated the two adjacent parcels would be land locked. The other potential issues would
be the storm water system. The stormwater system is not within an easement, it would
need to either be moved or have an easement. The City has been working with the property
owner to resolve the potential issues with several options.
Commissioner Kelley confirmed the applicant owns both sides of the roads to be vacated.
The applicant also has a purchase sale agreement on the property immediately to the north.
Commissioner Johnson asked what direction the storm drain flows. There was a lengthy
discussion related to the direction of flow and the problems the system currently has and
has had. The current storm water system is a private system that the City contributes to.
City Attorney Cary Driskel explained that the system does run south to north and makes
its' way onto the property owned by the Conservation District. The City's storm water
division have been speaking with the Conservation District related to obtaining an
easement. In addition, not only city or public waters are contributing to this storm water.
There are a number of sources contributing including seepage from under the ground.
There was also some discussion related to the site not have an exclusive water service
district. Commissioner Johnson asked about compensation and it was determined that once
council makes a decision and should compensation be required, it would be determined by
resolution.
Commissioner Walton asked Ms. Barlow to provide what the maximum allowed dwelling
units are currently and what would be allowed if the streets were vacated. Ms. Barlow
advised she will have the details requested, but added that there should not be a gain as
there will still have to be access provided. The property that would be most affected is
currently zoned R-3, which is six dwelling units per acre. Commissioner Johnson asked if
the floodplain and the wetland would be included in the available property within the
calculations. Ms.Barlow stated that in theory the wetland could not be developed however,
the floodplain could be developed as long as it met the standards.
iv. Study Session: Updating Planning Commission Rules of Procedure.
Ms. Nickerson introduced the subject of the Planning Commission Rules of Procedure
(ROP) and provided background into the discussions from the six previous visits related to
this topic. The Commissioners were provided a clean and a redline version of the ROP to
date.
Commissioner Kelley spoke to the voting section; he explained it used to read: "four
affirmative votes must be cast for comprehensive plans or the election of officers". The
language related to the election of officers was redlined, he asked when and why that was
changed. Administrative Assistant Deanna Horton explained that after the last meeting she
added Section(c)Election of officers;that states: "Each Chair and Vice Chair must receive
12-12-2019 Planning Commission Minutes Page 4 of 4
four affirmative votes in order to be elected". She continued to explain the Comprehensive
Plan votes Section (b) and Election of Officer votes Section (c)have been separated.
There was a lengthy discussion related to what a majority vote constitutes, four votes or
the majority of the Commissioners appointed? Commissioner Johnson advised there was a
discrepancy in the language and multiple sections. Mr. Driskel advised the language
should be consistent in all sections related to voting. The language should read: "by
majority vote of the membership of the Commission".
Commissioner Johnson addressed the language related to votes being taken by paper ballot
changing from "shall be taken" to "may be taken". It was determined the language states
"may be taken" to allow for flexibility by the Commission and to alleviate public records
request concerns by requiring a paper ballot. Lastly, after some discussion, it was
concluded the Commission would impose a three-minute time limit for public testimony
or otherwise determined by Chair should more time be necessary.
X. GOOD OF THE ORDER: Commissioner Rasmussen stated she has enjoyed her last three
years on the board and this will be her last meeting. She thanked those on the board and the
staff for all of their efforts. Commissioner McKinley thanked Commissioner Rasmussen for
her service on the board. He asked everyone to enjoy the holidays. Commissioner Kaschmitter
thanked everyone for their time and wished everyone a Merry Christmas. Commissioner
Friend also thanked the Commissioners and staff for all of their hard work. Commissioner
Kelley thanked Commissioner Rasmussen for her time with the Commission. Commissioner
Walton also thanked Commissioner Rasmussen for her service and advised it has been a
pleasure serving for the last three years. Commissioner Johnson also thanked Commissioner
Rasmussen for her time and service. He was thankful for his time as Chair; he is looking
forward to the future, and read aloud a quote form Margaret Mead.
XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 7:17 p.m.
The vote on the motion was seven in favor, zero opposed, and the motion passed.
James Johnson, Chairman Date signed
Robin Holt, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 9, 2019
Item: Check all that apply ❑ old business ® new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
FILE NUMBER: CTA-2019-0004
AGENDA ITEM TITLE: 22.70.020 Fencing—Findings and Recommendation
DESCRIPTION OF PROPOSAL: Amend Fencing regulations to clarify the method in which a fence
is to be measured and amend regulatory language to allow for fences in excess of 6 feet in height associated
with non-residential and multi-family uses in residential zoning districts to be considered through an
administrative exception process.
GOVERNING LEGISLATION: SVMC 22.70.020 Fencing
BACKGROUND:
1. On November 14, 2019 the Planning Commission conducted a study session. On
December 12, 2019 the Planning Commission conducted a public hearing. The Planning
Commission deliberated and voted 7-0 to recommend to the City Council that CTA-2019-
0004 be approved as presented.
RECOMMENDED ACTION OR MOTION: Move to approve the Planning Commission
Findings and Recommendation for CTA-2019-0004.
STAFF CONTACT: Jenny Nickerson, Building Official
ATTACHMENTS:
1. CTA-2019-0004 Planning Commission Findings and Recommendation
2. Draft SVMC 22.70.020 language
RPCA Study Session for CTA-2019-0004 Page 1 of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
CTA-2019-0004—Proposed Amendment to Spokane Valley Municipal Code (SVMC)
Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare
and forward a recommendation to the City Council following the public hearing. The following findings
are consistent with the Planning Commission recommendation.
Background:
1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and
updated development regulations on December 13,2016,with December 28,2016 as the effective date.
2. CTA-2019-0004 is a City-initiated text amendment to the SVMC,amending SVMC 22.70.020 Fencing
regulations to clarify the method in which a fence is to be measured and amend regulatory language to
allow for fences in excess of 6 feet in height associated with non-residential and multi-family uses in
residential zoning districts to be considered through an administrative exception process.
3. The Planning Commission held a properly noticed public hearing and conducted deliberations on
December 12, 2019. The Commissioners voted 7-0 to recommend that the City Council approve the
amendment as presented.
Planning Commission Findings:
1. Compliance with SVMC 17.80.150(F) Approval Criteria
a. The proposed text amendment is consistent with the applicable provisions of the
Comprehensive Plan.
Findings: The proposed amendment is supported by the Comprehensive Plan and is consistent
with the following goals and policies:
LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors.
LU-P1 Enable neighborhood-scale commercial uses in residential zones.
LU-P5 Ensure compatibility between adjacent residential and commercial or industrial uses.
Conclusion:
The proposed text amendment is supported by the Comprehensive Plan and consistent with
the goals and policies.
b. The proposed amendment bears a substantial relation to public health, safety,welfare and
protection of the environment.
Findings: The proposed amendment bears substantial relation to public health, safety,
welfare and protection of the environment. Allowing fence heights to be measured in a way
which is easily understood and consistent with other jurisdictions in the region addresses
concerns of residential developers and individual homeowner s while also allowing for the
use of standard fence construction materials and method and providing the opportunity for an
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2019-0004 Page 1 of 2
administrative exception process where non-residential uses exist or are proposed in
residential zoning districts.
Conclusion:
The proposed text amendment is consistent with Comprehensive Plan and bears a substantial
relation to public health, safety,welfare, and protection of the environment.
2. Recommendation:
The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2019-
0004 as proposed.
Attachment:
Exhibit 1 —Proposed Amendment CTA-2019-0004
Approved this 9'day of January, 2020
Planning Commission Chairman
ATTEST
Deanna Horton, Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2019-0004 Page 2 of 2
Spokane Valley Municipal Code Page 1/1
22.70.020 Fencing.
A. In residential zoning districts,the height of a fence within the front yard shall be:
1.Thirty-six inches or less for sight-obstructing fences;or
2.Forty-eight inches or less for non-sight-obstructing fences, such as chain link fences.
B.In residential zoning districts,fences shall not exceed eight-six feet in height when located on a flanking, side, or
rear yard behind the minimum required front yard setback line.Lots with double street frontage may have a fence on
the property line not used as the main point of access(the apparent rear yard).
C.An administrative exception may be granted by the City Manager or designee for a fence of more than six feet in
height but no more than eight feet in height where associated with a permitted non-residential or multi-family use in
a residential zoning district and necessary for public safety, security, or screening purposes.
CD. In nonresidential zoning districts,fences shall not exceed eight feet in height without a conditional use permit
except as provided in SVMC 22.70.020(1).
DE. The height of a fence shall be measured from the base of the fence,except as provided in SVMC 2170.020(E).
E. Where the elevation of the finished grade within six feet of the fence differs from one side of the fence to the
F. In nonresidential zoning districts,barbed wire may be used for security purposes only on the upper one-quarter of
the fence unless the use is adjacent to a residential zoning district,in which case no barbed wire shall be allowed on
the portion of the fence adjacent to the residential zoning district.An administrative exception may be granted by the
city manager or designee for public utility distribution or transmission facilities seeking relief from barbed wire
requirements.
G. In residential zoning districts,barbed wire fences may only be used to confine animals if the parcel meets the
animal raising and keeping requirements contained in SVMC 19.65.020.
H. Barbed wire shall not project outside of the property line or into the public right-of-way.
I. Electric fences shall only be allowed to enclose outdoor storage areas in nonresidential zoning districts or to
confine animals in residential zoning districts.Electric fences shall not be allowed for any other purpose. Electric
fences shall:
1.Not exceed 10 feet in height when used for outdoor storage or eight feet in height when used to confine
animals;
2.Be clearly marked with warning signs at least 24 square inches in area located every 60 feet;
3.Be surrounded by a non-electrical fence located within 12 inches of the electrical fence;
4.Have an energizer driven by a commercial storage battery that does not exceed 12 volts DC; and
5.Not produce a charge upon contact that exceeds the energizer characteristics set forth in paragraph 22.108
and depicted in Figure 102 of International Electrotechnical Commission(IEC) Standard 60335-2-76.
J.Fences and all sight obstructions including vegetation shall be located outside of the clearview triangle pursuant to
SVMC 22.70.030 and shall not block the view of fire protection equipment. (Ord. 17-004 § 3,2017;Ord. 16-018 § 6
(Att.B),2016).
The Spokane Valley Municipal Code is current through Ordinance No. 19-013,passed September 24,2019.
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 9, 2020
Item: Check all that apply nold business n new business Fl public hearing
n information n study session n pending legislation
FILE NUMBER: STV-2019-0005
AGENDA ITEM TITLE: Public Hearing — street vacation of a portion of 12th Avenue, 13th
Avenue, the alley between 12th and 13th Avenues, and Chronicle Road, west of Carnahan Road.
DESCRIPTION OF PROPOSAL: Request to vacate —380' of 12th Avenue, 13th Avenue, the
alley between 12th and 13th Avenues, and—500 of Chronicle Road, west of Carnahan Road.
GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code (SVMC);
RCW 35A.47.020 and chapter 35.79 RCW.
PREVIOUS PLANNING COMMISSION ACTION TAKEN: None
BACKGROUND: The City received an application on October 3, 2019 from Whipple
Consulting Engineers (WCE) representing the owners, Tom and Michelle Hamilton and Jeff
McCloskey, requesting to vacate unimproved portions of 12th Avenue, 13th Avenue, the alley
between 12th and 13th Avenues, and Chronicle Road. The total area to be vacated collectively is
1.58 acres. The property owner is making a request for the following reasons:
1. The vacation would allow development of the site to its full potential by removing ROW
requirements in unconstructable locations;
2. The streets and alleys are no longer required for public use or access; and
3. On-site wetlands interfere with the construction of 13th Avenue.
The subject ROW does not contain any city facilities or utility improvements other than portions of
a stormwater system that include pipes and catch basins. The system would need to be relocated
and easements granted to facilitate existing stormwater and future development. Although the
surrounding lots are owned by the two parties requesting the vacation, a vacation of the right-of-
way would leave parcel numbers 35233.0203 and 35233.0204 without access. Pursuant to Spokane
Valley Municipal Code (SVMC) 20.20.090.E "Every lot shall have direct access to a paved public
street, private street, or an easement for a private driveway. " An access easement or
reconfiguration of the lots by a boundary line adjustment or elimination could resolve the access
issue. The applicant has proposed to aggregate all of the lots into a single lot to resolve the access
issue, and also proposed to dedicate a 100' cul-de-sac to the City as ROW at the end of Chronicle
Road to allow future access and termination of the public road.
The two parcels immediately to the north are zoned Multi-family and it is assumed that the property will
develop as such. 12th Avenue provides a connection to Carnahan as well as a second connection to the
parcels which are necessary to support the increased traffic generated from a multifamily project. Staff
recommends that 12th Avenue is retained by the City to support future development of the parcels to the
north.
RECOMMENDED ACTION OR MOTION: Recommend approval of the proposed street
vacation for 13th Avenue, the alleyway lying in between 12th Avenue and 13th Avenue, and
Chronicle Road with staff conditions.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. Staff Report
2. PowerPoint presentation
COMMUNITY AND PUBLIC WORKS
BUILDING&PLANNING
SO'Hokane
4.0.001;Valley STAFF REPORT AND RECOMMENDATION TO THE
PLANNING COMMISSION
FILE: STV-2019-0005
STAFF REPORT DATE: December 16, 2019
FILE NO: STV-2019-0005
PROPOSAL DESCRIPTION: Request to vacate 385' of unimproved sections of 12th and 13th
Avenue, and the alley lying in between, and 491' of unimproved Chronicle Road. The right-of-way
widths vary from 12' wide up to 60'.
STAFF PLANNER: Lori Barlow, AICP, Senior Planner, Community& Public Works
APPLICANT: Todd Whipple, Whipple Consulting Engineers, 21 S Pines Rd, Spokane Valley, WA 99206
Owner 1: Tom and Michelle Hamilton, 9212 E Montgomery Avenue, Ste 604, Spokane Valley, WA 99206
Owner 2: Jeff McCloskey, 9708 N. Nevada Street, Spokane, WA 99218
Owner 3: David Black, 12009 E Empire Ave. Spokane, WA 99206
PROPOSAL LOCATION: The portion of right-of-ways (ROW)proposed to be vacated lies southwest of
the intersection of 12th Avenue and Carnahan Road and is adjacent to parcel numbers 35233.9189,
35233.9190, 35233.0101, 35233.1402, 35233.1307, 35233.0204, and 35233.0203, and further located in the
SW quarter of the SE quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian,
Spokane Valley, Washington.
BACKGROUND: The City received an application on October 3, 2019 from Whipple Consulting
Engineers (WCE) representing the owners, Tom and Michelle Hamilton and Jeff McCloskey,
requesting to vacate unimproved portions of 12th and 13th Avenue, the alleyway between 12th and
l3th Avenues, and Chronicle Road. The total area requested to be vacated is 1.58 acres (12th Avenue
area is 11,567 sq. ft.; 13th Avenue area is 23,087 sq. ft.; alleyway area is 4,623 sq. ft.; and Chronicle
Road area is 29,461 sq. ft.). The property owner has identified the following reasons for making the
request:
1. The vacation would allow development of the site to its full potential by removing ROW
requirements in"unconstructable"locations;
2. The streets and alleys are no longer required for public use or access; and
3. On-site wetlands interfere with the construction of 13th Avenue.
The subject ROW does not contain any city facilities or utility improvements other than portions of a
stormwater system that include pipes and catch basins. According to the City's Stormwater Engineer
the system traverses to the North, through other private properties with no secured easements. The
system would need to be relocated and easements granted to facilitate existing stormwater and future
Staff Report and Recommendation STV-2019-0005 Page 1 of 13
December 18,2019
development. Utilities were noted to lie in Carnahan Road and surrounding areas which will remain as
dedicated right-of-way. It appears that the area falls outside of any water service area which includes
City of Spokane Water District, Spokane County Water District #3, and Carnhope Irrigation District
#7.
Although the surrounding lots are owned by the two parties requesting the vacation, a vacation of the
right-of-way would leave parcel numbers 35233.0203 and 35233.0204 without access. Pursuant to
Spokane Valley Municipal Code (SVMC) 20.20.090.E "Every lot shall have direct access to a paved
public street, private street, or an easement for a private driveway. " An access easement or
reconfiguration of the lots by a boundary line adjustment or elimination could resolve the access issue.
The applicant has proposed to aggregate all of the lots into a single lot to resolve the access issue, and
also proposed to dedicate a 100' cul-de-sac to the City as ROW at the end of Chronicle Road to allow
future access and termination of the public road.
Various portions of the ROW lie within a Flood Zone and a wetland identified by the National
Wetlands Inventory Map. The wetland, which is an existing pond that has developed in an abandoned
borrow pit, affects the alleyway and possibly a section of the 13th Avenue ROW. Pursuant to Chapter
21.30 SVMC Floodplain Regulations development can occur so long as it is consistent with Chapter
21.30, Spokane County Stormwater Regulations and the City's Street Standards. This would apply if
the ROW were constructed as a street, or vacated, and residential development were to follow. The
City has the discretion to require a Conditional Letter of Map Revision prior to issuing permits in areas
designated as flood zone areas per the Flood Insurance Study and Flood Insurance Rate Map (FIRM).
Areas affected by wetlands are typically undevelopable without mitigation. In order to develop the site
a wetland report prepared by a qualified professional would be required that would delineate and
classify the wetland, and further develope strategies for development that would likely involve a series
of mitigation sequencing steps pursuant to Chapter 21.40 SVMC Critical Areas.
APPROVAL CRITERIA:
1. Title 20 SVMC (Subdivision Regulations)
2. Title 21 SVMC (Environmental Controls)
3. Title 22 SVMC (Street Vacations)
4. City of Spokane Valley Street Standards
ATTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: Aerial Map
Exhibit 3: Application Material
Exhibit 4: Notice of Public Hearing
Exhibit 5: Agency Comments
I. PROPERTY INFORMATION
Size and Characteristics The total unimproved right of way area is 1.58 acres for 12th
of proposed vacation: and 13th Avenue, the alleyway lying in between and Chronicle
Road. The subject right of way is unimproved with portions
covered by a floodplain and a wetland.
Staff Report and Recommendation STV-2019-0005 Page 2 of 13
December 18,2019
Adjacent Single-Family Residential (SFR), Multifamily Residential
Comprehensive Plan (MFR)
Designation:
Adjacent Zoning: Single-Family Residential Urban (R-3), Multi-family
Residential (MFR)
Adjacent Land Parcel numbers 35233.9189, 35233.9190, 35233.0101,
Use(s): 35233.1402, 35233.1307, 35233.0204, and 35233.0203 are all
vacant.
II. STAFF ANALYSIS OF STREET VACATION PROPOSAL
A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE(SVMC)TITLE 22.140.030
Findings:
1. Whether a change of use or vacation of the street or alley will better serve the public?
The area proposed to be vacated is unimproved. Portions of a stormwater system, that
includes pipes and catchbasins, are located within the right-of-way. No other utilities are
located in the ROW. The stormwater system collects stormwater from the south and from
the existing pond. The system extends to the north through private property and terminates
in a swale on the Soil Conservation District property. The majority of the system is located
on private property without easements. The property owner understands that the system will
need to be relocated and/or easements provided in conjunction with future development of
the property to the north and for the portion of the system lying in the ROW requested to be
vacated.
The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west
side of parcel 35233.0101, which is the area outside of the borrow pit, without ROW access.
All the adjacent property owners are owned by the Hamilton's and Jeff McCloskey. The
properties could be reconfigured through a boundary line adjustment(BLA) or boundary
line elimination (BLE) leaving the resulting properties with access, or an access easement
provided. If access is provided to the vacant parcels the vacation is not expected to have
impact on the general public as surrounding parcels currently do not use the right-of-way for
access.
2. Whether the street or alley is no longer required for public use or public access?
The subject right-of-way is unimproved and not being utilized for public access. The site is
bordered by R-3 zoned property to the west and south, and Multifamily zoned property to
the north. Immediate properties are vacant, while the outlying properties are developed with
single family residential neighborhoods. The vacant properties will need access for future
development. As situated sufficient access does not exist to allow for the division of parcel
numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road
but further division into typical residential lots would require the construction of either
public or private streets. In the absence of development plans staff recommends the City
retain Chronical Road unless the properties are reconfigured or an easement is provided as
discussed above. As indicated in the application all adjacent properties are owned by the
Hamilton's and Jeff McCloskey and the BLA/BLE can be accomplished.
Staff Report and Recommendation STV-2019-0005 Page 3 of 13
December 18,2019
Although no development plans have been provided as part of this application, the applicant
has provided a concept plan that indicates a design for single family development with a
reconfigured street plan on the adjacent properties and multifamily located to the north in
the Multi-family Residential Zone. Currently the ROW is not needed for the existing
development that takes access off 14th Avenue and 13th Avenue. 13th Avenue ends in a cul
de sac preventing the extension of 13th Avenue. Access for future development would be
required through any proposed platting activity.
Since 13th Avenue and the alleyway are affected by the existing pond, and since 13th Avenue
to the west ends in a cul-de-sac, which prevents the extension, both 13th Avenue and the
alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402
would have access from both Carnahan Road and Chronicle Road. Although 12th Avenue is
only 30' wide, the additional ROW could be obtained if needed at the time of future
development of the northerly properties providing connectivity to the existing street grid.
Assuming the north properties are developed with multifamily, 12th Avenue would allow for
additional access points for increased traffic generated by the development. Staff
recommends the City retain 12th Avenue ROW.
3. Whether the substitution of a new and different public way would be more useful to
the public?
Currently public access is not needed in this area because no properties utilize the right-of-
way for access, and the properties adjacent to the unimproved right-of-way are owned by the
Hamilton's and Jeff McCloskey. However, future development is dependent upon access
being provided. Without a development plan it is not apparent if a new and different public
way would be more useful to the public. An ingress/egress access easement could be
provided to ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or
BLE could occur to ensure that all properties have access off of the remaining ROWs.
Requiring a BLE to create a single parcel will resolve the access issue for the parcels. 12th
Avenue is still necessary for connectivity and to support the multi-family development on
the north parcels that is anticipated in the Comprehensive Plan. Staff recommends the City
retain 12th Avenue to ensure adequate access to support future development.
4. Whether conditions may so change in the future as to provide a greater use or need
than presently exists?
Based on the comprehensive plan the site is designated as single family residential and
zoned R-3 which allows for single family and duplex residential development. The property
owner recently applied for a Comprehensive Plan Amendment to change the land use
designation and zoning from single family residential to Multi-family residential in order to
allow an increase in development density and multifamily development. The City Council
declined to consider the request and removed it from the 2020 Annual Comprehensive Plan
Docket, thereby halting further consideration of any land use designation change. It is
anticipated that the adjacent properties will remain single family residential and require
access for future development through a subdivision process. The current Chronicle Road
ROW ensures that parcel number 35233.0203 and 35233.0204 have access for further
development. The subdivision process would also ensure adequate access is provided as
Staff Report and Recommendation STV-2019-0005 Page 4 of 13
December 18,2019
each lot created must have access to a public or private street. It is presumed that the
property will develop into single family residential lots and access will be appropriately
provided through the subdivision process consistent with Title 20, SVMC and the City of
Spokane Valley Street Standards.
As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require
the use of Chronical Road ROW to ensure access. As discussed above a BLE will resolve
the situation ensuring access. Also noted in the Background section the vacation of 13th
Avenue ROW and the alleyway will have no apparent impact on the development of parcel
numbers 35233.0101 and 35233.1402 due to the existing pond.
The two parcels immediately to the north are zoned Multi-family and it is assumed that the
property will develop as such. 12th Avenue provides a connection to Carnahan as well as a
second connection to the parcels which are necessary to support the increased traffic
generated from a multifamily project. Staff recommends that 12th Avenue is retained by the
City to support future development of parcels to the north.
5. Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies or
members of the general public?
No public comment has been received. The City's Stormwater Engineer noted that
stormwater drainage facilities were located in the ROW and that the facilities would need to
be relocated and/or placed within an easement. The City Engineer noted that Chronicle
Road and 12th Avenue are required to provide access to the existing parcels, but that 13th
Avenue and the alleyway could be vacated as they encroach on the wetland (old borrow pit).
The analysis above notes that access issues can be resolved with a BLA or BLE, and that
12th Avenue should be retained to support high density development to the north. Staff
recommends that the 12th Avenue ROW be retained by the City.
Conclusions:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
B. COMPLIANCE WITH SVMC TITLE 21—ENVIRONMENTAL CONTROLS
The Planning Division has reviewed the proposed project and has determined that the project is
categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from environmental
review under the provisions of the State Environmental Policy Act (SEPA).
III. PUBLIC COMMENTS
Findings:
No public comments have been received following the notice of public hearing issued, mailed and
posted on December 20, 2019.
A Notice of Public Hearing sign was posted on the property December 20, 2019 in three separate
locations and public hearing notices were mailed to all owners adjacent to the right-of-ways being
Staff Report and Recommendation STV-2019-0005 Page 5 of 13
December 18,2019
vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main
reception area and CenterPlace Event Center on December 20, 2019. Lastly, the notice was
published in the Spokane Valley Herald on December 20, 2019 and December 27, 2019.
Conclusion(s):
Staff concludes that adequate public noticing was conducted for STV-2019-0005 in accordance
with adopted public noticing procedures.
IV. AGENCY COMMENTS
Notice was provided to agencies and service providers. Comments were received from the
following agencies and are attached as exhibits to this staff report. Where necessary, comments
have been incorporated into the recommended conditions of approval in Section V.
Agency Received Comments
Comments Dated
City of Spokane Valley Public Works Yes Dec. 3, 2019
Spokane Valley Fire District No.1 Yes Dec. 16, 2019
Spokane County Environmental Services Yes Aug. 21, 2019
w/application
Spokane Regional Health District No
Avista Utilities Yes Dec. 2, 2019
Spokane Transit Authority No
City of Spokane Valley Police No
Department
Century Link Yes Aug. 16, 2019
w/application
Comcast Yes Aug. 20, 2019
w/application
Spokane School District 81 No
Carnhope Irrigation District No 7 and Yes Dec. 2, 2019
Consolidated Irrigation District#19 Aug. 26, 2019 -
w/application
Spokane County Division of Utilities Yes Dec. 16, 2019
Findings:
Notice of application was routed to jurisdictional agencies, utilities, and public districts for review and
comment. On December 3, 2019 comments were received from Bill Helbig (Spokane Valley City
Engineer) which did not recommend the approval of the vacation of Chronicle Road and 12th Avenue
due to the future need for residential development; Additional discussion noted that access concerns
could be alleviated by the aggregation. It was recommended that the City retain the 12th Avenue
ROW. The City Stormwater Engineer identified existing stormwater facilities and noted that the
facilities would need to be relocated and/or placed in easements. It does appear that the property does
not lie within a water service area. This will need to be resolved prior to any development. No other
substantive agency comments have been received to date.
Conclusion(s):
Staff Report and Recommendation STV-2019-0005 Page 6 of 13
December 18,2019
Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding
the proposed street vacation for 13th Avenue, the alleyway lying in between 12th and 13th Avenue, and
Chronicle Road so long as conditions are met; Staff concludes that the 12th Avenue ROW should be
retained to support future high density development of the multifamily properties immediately to the
north.
V. OVERALL CONCLUSIONS AND FINDINGS
Staff concludes that STV-2019-0005 as proposed is generally consistent, or will be made
consistent, through the recommended conditions of approval based on the approval criteria stated
herein.
RECOMMENDATION:
Approve the request to vacate 385 feet of an unimproved portion of 13th Avenue and the alleyway
lying immediately to the north, and 491 feet of Chronicle Road subject to the following:
1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005), including all
conditions below shall be submitted to the City for review within 90 days following the
effective date of approval by the City Council.
2. The vacated property shall be transferred into the abutting parcels (35233.0101 and
35233.1402) as shown on the record of survey created and recorded with Spokane County
Auditor's Office pursuant to condition 9.
3. All existing lots shall have access to a public street prior to finalization. A Boundary Line
Elimination application shall be submitted to the City within 30 days of the effective date of
approval that aggregates 35233.0101, 35233.0204 and 35233.0203. Additional parcels,
including 35233.1402, may be included in the Boundary Line Elimination if desired by the
applicant. The Boundary Line Elmination application shall combine the proposed lot
elimination with the record of survey vacating portions of 13th Avenue, the adjacent alleyway,
and Chronicle Road. The document must be recorded within 90 days of the effective date of
approval.
4. The following easement and dedication are required. Submit recording number on record of
survey and written documentation of easement for City verification.
a. A drainage easement acceptable to the City of Spokane Valley for the existing stormwater
facilities shall be provided.....
b. The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City.
5. Following the City Council's passage of the Ordinance approving the street vacation, a record
of survey of the area to be vacated, prepared by a registered surveyor in the State of
Washington, including an exact metes and bounds legal description, and specifying any and all
applicable easements for construction, repair and maintenance of existing and future utilities
and services, shall be submitted by the proponent to the City Manager, or designee, for review.
Staff Report and Recommendation STV-2019-0005 Page 7 of 13
December 18,2019
6. The surveyor shall locate a monument at the intersection of the centerline of the vacated right-
of-way with each street or right-of-way in accordance with the standards established by the
SVSS.
7. All direct and indirect costs of title transfer of the vacated street from public to private
ownership, including but not limited to, title company charges, copying fees, and recording fees
shall be paid by the proponent. The City shall not and does not assume any financial
responsibility for any direct or indirect costs for the transfer of title.
8. The zoning district designation of the properties adjoining the street to be vacated shall be
automatically extended to the center of such vacation, and all area included in the vacation shall
then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall
specify this zoning district extension inclusive of the applicable zoning district designations.
9. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in
the office of the Spokane County Auditor.
10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title
by the City.
Staff Report and Recommendation STV-2019-0005 Page 8 of 13
December 18,2019
EXHIBIT 1
Staff Report and Recommendation STV-2019-0005 Page 9 of 13
December 18,2019
EXHIBIT 2
Staff Report and Recommendation STV-2019-0005 Page 10 of 13
December 18,2019
EXHIBIT 3
Staff Report and Recommendation STV-2019-0005 Page 11 of 13
December 18,2019
EXHIBIT 4
Staff Report and Recommendation STV-2019-0005 Page 12 of 13
December 18,2019
EXHIBIT 5
Staff Report and Recommendation STV-2019-0005 Page 13 of 13
December 18,2019
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CALL:: r7"'n"' SPOKANE VALLEY, WASHINGTON TO1'^«M I/I r.r,ll I l,r Irlru, 1 "Iru^t
/I ul
IliCATION APP ICATION
O"6161.ne
Valle0210 L Sprague Avenue • Spokane Valley WA 99206
OCT 0 21„:00 Phone: (50))720-5:240 Fax; (509) 720-5075 pep meok,18spLok onLAARcy„.1,Eg
fr
F R ER/ tt
STAFF USE ONLY
777:77'
Date Submitted: 'J Received by: Fee:
„,
PLUS#: /44 File#: '5511/ zoi9 ekt)
PART I — REQUIRED MATERIAL
THE APPLICATION WILL NOT zE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED
Eq/Completed Application Form
[A,Application Fee
E.54siptice of Application Packet (17.80.110)-Adjacent Property(les)
PP,'Written Narrative - A written narrative describing the reasons or the proposed street vacation, the
physical limits of the proposed street vacation and the public benefit of the proposed street vacation,
101 ritten Correspondence from Utility Purveyors
(XTelephone X Cable Electric Other (Specify)
Water District X fire District ILGas Utility X Sewer Utility
L icinity Map-Submit a map showing the general area of the proposed vacation
rti'cord of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting
properties, streets and alleys within 100 feet on all sides of the proposed vacation,
El Written Evidence of all easements„ allowances or reservations, if available, pertaining to the street
and/or alley proposed for vacation,
PART II APPLICATION INFORMATION
APPLICANT NAME: VVHIPPLE CONSUTLING ENGINEERS, TODD R. VVHIPPLE, PE
MAILING ADDRESS: SOUTH 21 PINES ROAD
CITY: SPOKANE VALLEY STATE: WA ZIP: 99206
PHONE: (509)893-2617 FAX: CELL: EMAIL:
TODDVV@WHIPPLECE.COM
PROPERTY OWNER NO. 1: TOM AND MICHELLE HAMILTON
MAILING Ai DRESS: 9212 E. MONTGOMERY AVE, STE 604
CITY: SPOKANE VALLEY STATE: WA ZIP: 99206
PL-15 V1,0 Page 1 of
PHONE: FAX: CELL: EMAIL:
PROPERTY OWNER No, 2: Jeff McCloskey
MAILING ADDRESS: 9708 N. Nevada St
CITY: SPOKANE STATE: WA ZIP: 99218
PHONE: FAX: CELL: EMAIL:
If more than two(2)abutting property owners, Include information and written authorization on a separate
sheet of paper for eachy
NAME OF STREET/ALLEY TO BE VACATED: 12TH AVE., 13 TH AVE., CHRONICLE RD., ALLEY (PUBLIC),
DIMENSIONS OF STREET/ALLEY TO BE VACATED: 12th AVE=30' WIDE, 13TH AVE=60' WIDE, CHRONICAL
RD=60" WIDE, 8, ALLEY 12' WIDE
SQUARE FEET OF STREET/ALLEY TO BE VACATED: 1.58 ACRES
ABUTTING TAX PARCEL 001: 3523 .0101, .1307, .1402, .0203, .0204, .9190 .9189
ADDRESSES OF A;UTTING PARCELS: UNASSIGNED, 4900 E. 23TH AVE, &910 S. CARNAHAN RD,
ZONING DESIGNATION; R3 AND IMF
THE FOLLOWING IS CRITERIA EVALUATED :y THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO
THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A
DETAILED MANNER;
1 How DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC?
2. IS THE STRLE1 OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN
3 WOULD SUBS FITUTION OFA NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC?
EXPLAIN
4 How WILL 0JSE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONIDITIONS? EXPLAIN,
5 WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE
REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES (SPECIFY)?
6. DOES THE RIGHT-OF-WAY INCLUDE STORMWA1 ER DRAINAGE FACILITIES(SPECIE Y)?
PLEASE NOTE:
PER ROW 35.79,040 (TITLE TO VACATED STREET/ALLEY), THE PROPERTY WITHIN A PUBLIC STREET
OR ALLEY VACATED BY THE CITY COUNCIL SHALL I:ELONG TO THE ABUTTING PROPERTY OWNERS,
ONE-HALF(1/2)TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE
STREET VACATION APPLICATION,PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY,THE
CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT
TO
ROW 36.79,030
PL-15 V1.0 Page 3 of
PART III - AUTHORIZATION
(Signature of owner or authorized representative)
I, Susan M. Moss . (print name) swear or affirm that the above responses are made
truthfully and to the best of my knowledge.
I / I
(Sigrf ture) Date)
NOTARY
STATE OF WASHINGTON)
ss:
COUNTY OF SPOKANE
\itt
SU:SCRSED AND SWORN to before me this II' ,V _clay of
/
NOT ARh' AL ,
110,
/
TARY SeAU E
o .
6.5 Notary Public in and fei the State of Washington
If- z
k ' Iie 1
Residing ati
4 01 0,6 44T6
e#1460,0,, SATE
"fiTTOAMOTO% ,
My appointment expires: ,l(5,
LEGAL OWNER NO. I AUTHORIZATION:
It the applicant is not the legal owner(s), the owner must provide the following acknowledgement;
/ owner of the above described property do hereby
authorize VI/hippie Consulting Engineers to represent me and my interests in all matters
regarding this application.
LEGAL OWNER NO. 2 AUTHORIZATION:
if the applicant is not the legal owner(s), the owner must provide the following acknowledgement:
, owner of the above described
property do hereby authorize Whipple Consulting Engineers to represent me and my interests in
all matters
regarding this application.
PL/ 3V1.0 PAge 4 of
C811„ 31^ -BBC :
P p.3.1j ed. gEalvi EEE'
EE E"E.
Whipplle ConsuIting Engineers, Ing„
0 CT 0 3 2019
(1;01311V P E "I" OE R
co or,SPOK,ANELyALLEY STREET VACATtlgN fo,,PPKAQC,HA-IN6RFyllyE
Btz^,0„
CARNAH,AN 'WEST-PROJET 19-2361
1, HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY Iri,APROVE SERVICE TO THE PUBLIC?
A CHANGE FOR STREETS/ALLEY VACATION WILL ALLOW THE OWNERS TO BEST
DEVELOP THE SITE TO ITS FULL POTENTIAL, VACATION WILL BETTER SERVE THE PUBLIC
REMOVING ANY EXPECTATION FOR UNCONSTRUCTABLE LOCATIONS.
2„ IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN,:
THE SU:t.JECT STREETS AND ALLEYS ARE NO LONGER REIDUIED FOR PUBLIC USE OR
PUBLIC ACCESS.
3, WOULD SUBSTITUTION OF A NEW AND/OR DEFERENT PUBLIC RIGHT-OF-01AX BETTER SERVE THE PUBLC?
EXPLAIN,
NO. A SUBSTITUTION OF A NEW/DIFFERENT PUz•LIC RIGHT-OF-WAY WOULD NOT BETTER
SERVE THE PUBLIC DUE TO THE GEOGRAPHICAL SEPARATION AS EXPLAINED IN
QUESTION #1)AND NO INTEREST TO THE CITY OF SPOKANE VALEY (AS EXPLAINED IN
JESTION #2)..
4 How Md.USE OR NEED FOR THIS RIGHT-GE-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAN,
THE, USE/NEED FO THIS RIGHT-OF-WAY WILL OT z.E AFFECTED BY FUTURE CONDITIONS
BECAUSE WCE ALREAP,IY HAS A"CONDITIONED" PROJECT.THE SITE HAS WETLANDS WHICH
INTERFER WITH THE ;'IJILIDNG: OF 13TH AVENUE
5, WILL EASEMENTS BE RETAINED FOR ALL, UNDERGROUND AND OVERHEAD luicirlEs? THE
REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES.(SPECIFY)?
OUR INFORMATION WE COLLETED DOES NOT S OW ANY EASEMENTS OR UTILITIES
LOCATED IN OR ADJACENT TO THE RIGHT OF WAY„'THERFORE NO UTILITES WILL BE
AFFECTED,
6, DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DR,AINA,GE FACILITES(SPECIFY)?
THE RIGHT OF WAY HAS NO ROAD BUILT ON IT,THERE FORE THE STO0','MWATER DAINAGE
FACILITIES HAVE NOT BEEN INSTALLED, AND ARE THEREFORE UNAFFECTED„
21 Smith Pines Rd„ - Spark:arra \/ i lo /, WA 99206 PO Box 1566 Berea:Jaffa, WA 09037
Phone 609-893-2617 Fax 509-)26-022'7 ^,^^ WhirDpleCE,corn rilfoq.PWhipplaCE.corn
C. StructairaL TreBlic, Survey, Landscape Architecture and HI 10011)01101
EMPIRE STORAGE ROS BK, 118 PG, 91
1...._ '
PARCEL B PARCEL A 12TH
— 445.66' AVE
/100.A, 40„,.
CO 4110' 127"11 AVENUE 047
A,A, AL
I
0, ,
0'3 PROPOSED VACATION
Fx1 cr7 o. .
A,P.N, 35233.0101
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PROJ #: 1 9-23Eci
VACATION EXHIBIT
DATE: 08/1 til,g
D PAWN: CARNAHAN WEST AWCE
WHIPPLE CONSULTING ENGINEERS
REVIEWED: TRW
SCALE: 1 n=1 OD' CHRONICLE RD. Sc
1 2TH/1 3TH AVE. 21 S,PINES ROAD
SPOKANE COUNTY, WA SPOKANE VALLEY,WA 99206
T.25N. R.43E. 9.23 PH:509-893-2617 FAX:509-926,0227
All,
Attached are pdfs showing the vicinity map and an exhibit of a proposed street/alley vacation we are proposing for a
project located on and near 910 S. Carnahan Rd in Spokane Valley, Can you please provide correspondence regarding
this vacation on if your business has an issue with the vacation or not and what the issues may be, Can you also send
any easement documents, if there is an easement within 100 of the vacations, This correspondence will be submittal to
the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your
help,
n Moss, A SLA
000 80!, 2 I
00,S 0 2010
1,AthipO0 ConsuOv Cronoteu
lh Ok, potvw`Mbn Olf Dew ti1100,0110^1,t Ovve0,6
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9,10,11,
10 WIROM 01,0 ro0 4 ellonedqv tot,
16,001rn,gq 140j 4)*(44,Pe*MAN Ado
This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized
use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error,
please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments
2
Susan Moss
From: Lacambra, Ajtor ri(Aitor.Lacarnbra@CenturyLink.00m>
Sent: Friday, August 16, 2019 1:45 PM
To: Susan Mass
Subject: IFW: 2361 and .2361streettAlley vacation request on 12 th and Carnahan Rd.
Attachments: 2161 and 2361..botx
Susan,
Attached is our cable Map for that area it appears all our cables run along S Carnahan in the ROW. Nothing crossing
your properties.
Thank you
AdoLocambra
E ryvvb vegtvr
904 rkl C o 1, h St
S k e \IV A 99202
1117e 5 00-8 3 5-1605, o b v le 50(ii 70'I-0728
W11 3rn hyr,u(L(Dn-ti,
(Sriths
Ce IturyLi n
1„0,1,1
From: "Welch, Mark<Markniiielch@CenturyLink,com>
Sent: Friday, August 16, 2019 1:09 PM
To: Lacambra, Aitor<Aitori...acambra@Centurytink.com>
Subject: FW: 2361streetiAlley vacation request on 12 th and Carnahan Rd.
Mark 'inioldn
Engineer II
904 N. Columbus St., Spokane, WA, 99202
tel: 509.835.4604 cell. 509.703.2705
r k gyve In kykifb eve,vvvt tgat Intsicici
Cent,„AlryLink'
From Susan Moss<samssetpinninpinjece,cony>
Sent: Friday, August 16, 2019 11:48 AM
To('Welch„ Mark <Mack„Weldtlivegenturylvtektkorn›; Shane Sheppard (iiiprisciiiqatetiintigiirciorjEtiroinnast.rime)
<canto ..La t. d krttggvt VOttigt co rnk a st,n >vv; sookane valley fire (inspect in n s deiiiitplit n veva V evylvir(Le co ntI
< nsp ec 00 cv st2 spo k an veva Ulvgyfirevcorn>; (ebb,Vvutst ha Os knvyvvvv .....l.a c orgt;core; n ud so olvEyvy? Vvvvv.a rvecounty.ovrg
Subject:2361street/Aitey vacation request on 12 th and Carnahan Rd.
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August 20, 2019
Planning& Development Skttrwices
8,08 W, Spokane, Falls Blvd,
Spokane, WA 99201
RE: V'aeation ()fright t.:4Way, Frceniont Park Adttlitioll Blocks 1-7
Con least has reviewed OW vacation reottest. We have rut), object Mus Eti the vacationrf you haAte
any questions please oath
SincereIv,
[3ryarrtR c ha rd son
Contractor Coordinator Rn ("outcast ( a[fle, Spokane
(509)755-47 1"7
11171E Buckeye ',..:ipokane, WA 99207 www comeastcorpur alion com
Susan Moss
From: Knudson, Chris <CKnuidson@spokanecounty.org>
Sent: Wednesday, August 21, 2019 1:21 PM
To: Susan Moss
Subject: FW: 2161 street/Ailey vacation request on 12 th and Carnahan Rd. A 2ND REQUEST
Here is the verdict.
Chris
From: Stilt , Mark
Sent: Monday, August 19, 201.9 2:34 PM
To: Knudson, Chris<CKnudson@sookenecounty,org>
Cc: Repo, Gene<GRepp@spokanecounty.org>
Subject: RE: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST'
City of Spokane sewer service area. No objections.
Mark Stilt
Entiaonmentot Services Dept,
(509)477-746 9
Please take a moment 10 w7„.$ ,Ver 5 questions about your most recent interaction with our department, Thank
you,
Vkbk,, )kanccoinl V„ SSLikkCV
From: Knudson, Chris
Sent: Monday, August 19, 2019 12:55 PM
To:Stiltz, Mark < nen tav ufg
Cc: Repo,. Gene <cift-ToTtla.sko k,a n e ea inty,s,),ril>
Subject: EW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST
Another vacation, We can chat on Wednesday if needed at the development meeting.
Chris
From: Susan Moss Ian d :s o ssfp whjos21Pacespn an]
Sent: Friday, August 16, 2019 12:57 PM
To: mark meek h Calc opt,pry hnk ssorn; Shane Sheppard (cons() d a techr nfla epikpcorecasnne
<consola dal a d r pigiat pfb,ce ca s e L›; specaa o n sip sp o k a ne va II ay fa r a.00 nr"1:; 0 b b k 0 5,,C, s a c rp,so p Knudson.;
Chris<IC K 11 d SO kl4i) po l a pea u y(21E>
Cc Save<saa4aPw[14?;121atqacPCII>
Subject: FW: 2161streetiAlley vacation request on 12th and Carnahan Rd, A 2ND REQUEST
To ail Utilities,
This is a second Street/Alley Macedon__
Attached are pdfs showing the vicinity map and an exhibit of a proposed street/alley vacation we are proposing for a
project located on and near 910 S, Carnahan Rd in Spokane Valley. Can you please provide correspondence regarding
this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send
any easement documents, if there is an easement within 100' of the vacations. This correspondence will he submittal to
the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your
help,
11\tiosq, Af.d A
ErullnoU
Wi7pW 1'4,0'140 1064,,0401,0PM014$4,,P6`4011
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A 11014,00,two stwa toworo
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(50:, .. - „i25 Fax
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Pokj'I
August 26, 2019
H neva. ,IllIeli•Irre.
RE: Street Va12car,tiAo
Ch
f the preliminary
east of CarrathhavneRrtiolead,,INest
1-• Road& 12111/13
.. . . men of Carnahan Road
m .
TheSpokane ••••• ions a
vacations Valley Fire Department...ococompleted a rem submittal for the
proposed street and has no has -ts,
ronvniceienue e . ,
If there are any questions please do not hesitate to call
Sincerely,
,, .r., .,„.' •
,.,././(11,1?"1/1
...".'. l'ell•': .. .
Traci Harvey
FireProteEtion
Engineer
Spokane Valley
FireDepartment
Susan Moss
From: consolidatedirrigation@comcast,net
Sent: Monday, August 26, 2019 9:33 AM
To: Susan Moss
Subject: RE, 2161street/Alley vacation request on 12 th and Carnahan Rd, A 2ND REQUEST
Susan,
The following Street Vacation projects are within Camhope irrigation District 47.
(509) 536-9180
Thanks,
SHANE SH1ARD
Esub,d a It c..c.fid,gati )u.1`401:"QUIQs
CONSOLIDATE4
IRRIG T1ON
Phi H4,119) I11855
From:Susan Moss<srhoss@whipplece,com>
Sent: Monday, August 26, 2019 9:28 AM
To: Shane Sheppard (consolidatedirrigation@comeast,net) <consoiidatedirrigation@comcast.net>
Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST
Shane,
Wellcome back from vacation. Can you please review these projects and send comments to me for 2 separate street
vacation projects? Thanks far your help.
r, r
Sh,asail Moss, i'SSLA
LA ALA
2 b /
qlvtoppda CQrosuitino Er,g(rd,c/ort„
,
it14,00.00a4m0Chwokovvelcollwm404
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sootolowwwwo,nomeolreo,,t1„691,004
PAVAIrow,40 ANNICONNA4:411,00 AM'hitoe'91001
From:Susan Moss,
Sent: Friday, August 16, 2019 12:37 PM
inark,weitisicirar enturvl in k onl; Shane Sheppard ii ARA cALA vsist,f
onso tediraLE&O o o el;as L net>; t;;;,,,pre; ;AAF,DA A Iva eva. e AL; Aa, i. ,,L haIiA t Am;
Nina'ack Black Commercial, Inc. commthroao emikers, ,
Assonba()on
801 W, Riverside Ave Suite 300
At L RtGHTS RESERVED
Spokane,WA 99201
Form PS.,IA
Phone: 509-623-1000
ROTA ki5e Sale Agreement
Fax: 509-622-3500
Page Iof 13
COMMERCIAL&INVESTMENT REAL ESTATE
PURCHASE &SALE AGREEMENT
Ti hits Peen prepared reo submission to your attorney rut review and app,ovai ion'or
ttadrang Nn representation i' rmIde by ricernme S'fr1 sufficncy or l, serNene
Reference Date: 9-30 , 20 19
McCloskey Construction Inc. ( Buyer') agrees to buy and David A Black ("Seller) agrees to sell, on the following
terms the commercial real estate and all improvements thereon (collectively, the "Property")commonly known as
910 S Carnahan rd. in the City of Spokane Valiey ,, Spokane County, Washington 90212 , legally described on
attached Exhibit A, The Reference Date above is intended to be used to reference this Agreement and is not the
date of"Mutual Acceptance," which is defined in Section 23.
1„ PURCHASE PRICE. The purchase price is Three Hundred Seventy five Thousand Dollars CS 3,75,000 )
payable as follows (check only one):
All cash at closing with no financing contingency„
C]All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA
Form PS FIN)
0$ OR °hi of the purchase price in cash at closing with the balance of the purchase price paid as
follows (check one or both, as applicable): E3 Buyer's assumption of the outstanding principal balance as of
the Closing Date of a first lien note and deed of trust(or mortgage), or real estate contract, in accordance with
the Financing Addendum (attach CBA Form PS FIN) 0 Buyer's delivery at closing of a promissory note for
the balance of the purchase price, secured by a deed of trust encumbering the Property, in accordance with
the Financing Addendum (attach CEA Form PS_FIN ),
0 Other:
2. EARNEST MONEY. The earnest money in the amount of$ 5,000 shall be in the form of 0 Cash ri Personal
check 0 Promissory note (attached CBA Form EMN) 0 Other,_
The earnest money shall be held by 0 Selling Firer 4.Closing Agent, Selling Broker may, however, transfer
the earnest money to Closing Agent:
Buyer shall deliver the earnest money no tater than
0 days after Mutual Acceptance:
0 On the last day of the Feasibility Period defined in Section 5 below„
0 Other: „
If the earnest money is to be held by Selling Flrm and is over Sli),000, it shalt be deposited to.: 0 Selling
Firms pooled trust account(with interest paid to the State Treasurer) D A separate interest bearing trust
account in Setting Firm's name. The interest, if any, shall be credited at closing to Buyer, If this sate fails to
close, whoever is entitled to the earnest money is entitled to interest,
Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual
Acceptance whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer.
Unless otherwise provided in this Agreement, the earnest money shall be applicable to the purchase price,
3, EXHIBITS AND ADDENDA, The following Exhibits and Addenda are made a part of this Agreement,
INITIALS Buyea Di e Ci .SeHer
3 IL.
Oak.
54er Da/e
Seller awe
Black Commercial, Inc. cBte,
t •[.../tct),IF
801 W, Riverside Ave Suite 300
ALL RIGHTS RESERVED
Spokane, WA 99201
FO,R1"
Phone: 509-623-1000
5,10e AgreqlmeGr
Fax 509-622-3500
21
Page 2 01
COMMERCIAL& INVESTMENT REAL ESTATE
PURCHASE &SALE AGREEMENT
(CONTlNUED)
Pd Exhibit A- Legal Description
El Earnest Money Promissory Note, CBA Form EMN
0 Promissory Note, LPB Form No. 28A
El Short Form Deed of"Trust, LPB Form No, 20
E3Deed of Tirust, Rider, CBA Form DTR
El Utility Charges Addendum, CBA Form UA
El FIRPTA Certification, CBA Form 22E,
Assignment and Assumption, CBA Form PS-AS
Addendum/Amendment. CBA Form PSA
O Back-Up Addendum, CBA Form BU-A
El Vacant Land Addendum, CBA Form VLA
0 Financing Addendum, CBA Form PS FIN
0 Tenant Estoppel Certificate, CBA Form PS_TEC
Defeasance Addendum, CBA Form PSD
0 Other
4 SELLER'S UNDERLYING FINANCING, Unless Buyer is aSSLOTItng Sellers underlying financing, Seller shall
be responsible for confirming the existing underlying'financing is not subject to any 'lock out" or similar
covenant which would prevent the lenders lien from being released at closing, In addition Seller shall provide
Buyer notice prior to the end of the Feasibility Period if Seller is required to substitute securities for the
Property as collateral for the underlying financing (known as'deireasance"). If Seller provides this notice of
defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in
CBA Form PS D or any differentprocess identified in Sellers defeasance notice to Buyer.
5, FEASIBILITY CONTINGENCY.. Buyer's obligations under this Agreement are conditioned upon Buyer's
satisfaction in Buyer's sole discretion, concerning all aspects cif the Property including its physical condition,
the presence of or absence of any hazardous substances; the contracts and leases affecting the property; the
potential financial performance of the Property: the availability of government permits and approvals; and the
feasibility of the Property for Buyers intended purpose, This Agreement shall terminate and Buyer shall
receive a refund of the earnest money unless Buyer gives written notice to Seller within 0 days(30 days if not
filled in) (the'Feasibility Period")of Mutual Acceptance stating that this condition is satisfied. If such notice is
timely given, the feasibility contingency stated in this Section 5 shall be deemed to be satisfied.
a, rooks, Records, Leases,Agreements. Seller shall make available for inspection by Buyer and its
agents within 0 days (2 days if not filled in)after Mutual Acceptance all documents in Seller's possession
or control relating to the ownership, operation, renovation or development of the Property, excluding
appraisals or other statements of value, and including statements for real estate taxes, assessments., and
utilities for the last three years and year to date property management agreements and any other
agreements with professionals or consultants, leases or other agreements relating to occupancy of all or a
portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents. deposits and fees;
plans, specifications, permits, applications, drawings surveys, and :studies; maintenance. records,
accounting records and audit reports for the last three years and year to date; and "Vendor Contracts"
which shall include maintenance or service contracts, and installments purchase contracts or leases of
personal property or fixtures used in connection wititi the Property, Buyer shall determine within the
Feasibility Period: (i)whether Seller will agree to terminate any objectionable Vendor Contracts, and(ii)
whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable
Vendor Contracts, Buyer's waiver of the Feasibility Contingency shall be deemed Buyers acceptance of all
Vendor Contracts which Seller has not agreed in writing to terminate, Buyer shall be solely responsible for
obtaining any required consents to such assumption and the payment of any assumption fees, Seller shall
INITIALS: Buyer —"1-e4--, Date Selter Date it
Buyer Date
, , Beller
19 I(4I L) Black Commercial Inc, 4:44emelfeeol Brokers Giike/
As,4:4444o4pc,ve
' 80 W. P versido Ave Suite 300
ALL,R4(343TS RESiERVED
Spokane,WA 99201
Form PS
Phone: 509-623-1000
&
Agr eiarneW
Fax 509622-3500
Rey unin
page,
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTlNUED)
cooperate with Buyers efforts to receive any such consents but shall not he required to incur any out-of-
pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in Section
17.
b, Access. Seller shall permit Buyer and its agents, at Buyers sole expense arid risk to enter the Property at
reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections
concerning the Property and improvements, including without limitation, the structural condition of
Improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or Other
matters affecting the feasibility of the Property for Buyer's intended use, Buyer shall schedule any entry
onto the Property with Seller in advance and shall comply with Sellers reasonable requirements including
those relating to security, confidentiality,. and disruption of Seller's tenants, Buyer shall not perform any
invasive testing including environmental inspections beyond a phase I assessment or contact the tenants
or property management per without obtaining the Seller's prior written consent, which shall not be
unreasonably withheld, Buyer shall restore the Property and improvements to the same condition they
were in prior to inspection, Buyer shall be solely responsible for all costs of its inspections and feasibility
analysis and has no authority to bind the Property for purposes of statutory liens, Buyer agrees to
indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys'and experts'
fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents„ This
agreement to indemnify and defend Seller shall survive closing, Buyer may continue to enter the Properly
in accordance with the foregoing terms and conditions after removal or satisfaction of the,feasibility
contingency only for the purpose of leasing or to satisfy conditions of financing,
Buyer waives.the right to receive a seller disclosure statement("Form 17-Commercial")if required by ROW
64:06, However, if Seller would otherwise be required to provide Buyer with a Form 17-Commercial, and if
the answer to any of the questions in the section of the Form 17-Commercial entitled"Environmental"
would be "yes,"then Buyer does not waive the receipt of the"Environmental"' section of the Form 17ii.
Commercial which shall be provided by Seller,
5. TITLE INSURANCE.,
a, Title Report, Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing Agent, at
Seller's expense, to apply for and deliver to Buyer a CI standard extended (standard, if not completed)
coverage owner's policy of title insurance, Buyer shall pay the increased costs associated with an
extended policy including the excess premium over that charged for a standard coverage policy, and the
cost of any survey required by the title insurer, The title report shall he issued by First American Title (a
title company of Seller's choice, if not completed). If Seller previously received a preliminary commitment.
from a title insurer that Buyer declines to use, Buyer shall pay any cancellatron fee owing to the original
title insurer, Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event
such a fee is assessed„
0 Permitted Exceptions, Buyer shall notify Seller of any objectionable matters in the title report or any
supplemental report within the earlier oh (1) twenty (20) days after Mutual Acceptance of this Agreement'
or(2)the expiration of the Feasibility Period, This Agreement shall terminate and Buyer shall receive a
refund or the earnest money, less any costs advanced or committed for Buyer, unless wirthin five (5)days
of Buyers notice of such objections (1) Seller agrees, in writing, to remove all objectionable provisions or
(2)Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove„ If any
new title matters are disclosed in a supplemental title report then the preceding termination, objection and
waiver provisions shall apply to the new title matters except that Buyer s notice of objections must be
delrvered within hive (5) days of delivery of the supplemental report and Seller's response or Buyer's waiver
must be delivered within two (2)days of Buyer's notice of objections, The closing date shall be extended to
INITIALS: Buyerct,tti
Date I77', 'I Sel[er ) Date. —"" (t"
Buyer : 'Her 0ate
' Cbe ,0
RJAI ;lack Commercial, Inc, CIf 11 ftr0.14
AipAici,o,til
801 W. Riverside Ave Suite 300
ALL.IR R3117S RESERVED
Spokane, WA 99201
Form! PS.1A
Phone 509-623-1000
Sale Auveement
Fax 509-622-3500.
Rev.,tr2.011
F.',19e 4 vi 13
COMMERCIAL& INVESTMENT REAL ESTATE
PURCHASE &SALE AGREEMENT
(CONTlNUED)
the extent necessary to perrnit time for these notices, Buyer shall not be required to object to any
mortgage or deed of trust liens, or the statutory lien for real property taxes and the same shall not be
deemed to be Permitted Exceptions: provided, however, that the lien securing any financing which Buyer
has agreed to assume shall be a Permitted Exception, Except for the foregoing, those provisions not
objected to or for which Buyer waived its objections shall be referred to collectively as the'Permitted
Exceptions, Seller shall cooperate with Buyer arid the title company to clear objectionable title matters but
shall not be required to incur any ocit.of-pocket expenses or liability other than pa.yrrient of monetary
encumbrances not assumed by Buyer and proration of real property taxes, and Seller shall provide an
owners affidavit containing the information and reasonable covenants requested by the title company. The
title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such
form of policy and the Permitted Exceptions,
7 CLOSING OF SALE. The sale shall be closed on 10-21-2019 , ("Closing")by First American Title ('Closing
Agent") (Seller shall select the Closing Agent, if not completed) Buyer and Seller shall deposit with Closing
Agent by 12:00 p.m. on the scheduled Closing date all instruments and monies required to complete the.
purchase On accordance win)) this Agreement, "Closing" shall be deemed to have occurred when the deed is
recorded and the sale proceeds are available to Seller, Time is of the essence in the performance of this
Agreement Sale proceeds shall be considered available to Seller, even though they cannot be disbursed to
Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer during
the Feasibility Period that Seller's underlying financing requires that it be defeased and may not be paid off,
then Closing shall be conducted in accordance with the three-day closing process described in CBA Forrn
PSD, This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will
provide any supplemental instructions requested by Closing Agent provided Ole same are consistent with this
Agreement,
8, CLOSING COSTS AND PRORATIONS, Seller shall deliver an updated rent roll to Closing Agent not later
than two(2) days before the schoduted Closing date in the form required by Section 5(a) and any other
information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement
for Closing, Seller codifies that the information contained in the rent roll is correct as of the date submitted„
Seller shall pay the premium for the owners standard coverage title policy, Buyer shall pay the excess
premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any
survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees, Any
real estate excise taxes shall be pad by the party who bears primary responsibility for payment under the
applicable statute or code. Real and personal property taxes and assessments payable in the year of closing:
collected rents on any existing tenancies: interest: utilities, and other operating expenses shall be pro-rated as
of Closing, if tenants pay any of the foregoing expenses directly then Closing Agent shall only pro rate those
expenses paid by Seller, Buyer shah l pay to Seller at Closing an additional sum equal to any utility deposits or
mortgage reserves for assumed financing for which Buyer receives the benefit after Closing, Buyer shall pay
all costs of financing including the premium for the lender's title policy, if the Property was taxed under a
deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or
similar items which result from removal of the Property from the deferred classification., At Closing, all
refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account
if required by state or local law, Buyer shall pay any sales or use tax applicable to the transfer of personal
property included in the sale,
a, Unpaid Utility Charges. Buyer and Seller WANE U DO NOT WAVE (do not waive if neither box
checked)the right to have the Closing Agent disburse closing funds necessary to satisfy.unpaid utility
charges affecting the Property pursuant to RCW 60,80, If"do not waive' is checked, then attach CBA
Form DA ("Utility Charges"Addendum) to this Agreement,
)
lNfTIALS: Buyer
Date; Sefie,r Date -- C .
CI'
Buyer Date
NA'Black: Black Commercial, Inc, commercial Ei,fAefo 34(
A$5+X.13 korR
' 801 li/i+L Riverside Ave Suite 300
Au,erinicrs ReseRyat
Spokane, WA 99201
irr es TA
Phone; 5(G-623.100g
porchooe 6 5,,36 A9refloorm
Fax 509-622-3500
Rev, 1/2011
Page 5 of 13
COMMERCIAL& INVESTMENT REAL ESTATE
PURCHASE &SALE AGREEMENT
(CONTINUED)
9, POST-CLOSING ADJUSTMENTS,. COLLECTIONS,. AND PAYMENTS. After Closing. Buyer and Seller shall
reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items
were prorated or credited at Closing. based upon estimates,Any bills or invoices received by Buyer after
Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall
be paid by Seller upon presentation of such bill or VOiCe, At guy.er's option, Buyer may pay such bill or
invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15)
days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made,.
Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing
reconciliation to the actual amount of those expenses, then Buyer shalt be entitled to any surplus and shall be
liable for any credit resulting from the reconciliation. Rents collected froth each tenant after Closing shall be
applied first to rentals due most recently from such tenant for the period after closing and the balance shall be
applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied
for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt, Seller shall be entitled to
pursue any lawful methods of collection of delinquent rents hi it shall have no right to evict tenants after
Closing,
10. OPERATIONS PRIOR TO CLOSING, Prier to Closing Seller shall continue to operate the Property in the
ordinary course of its business and maintain the Property in the same or better condition than as existing on
the date of Mutual Acceptance but shallriot be required to repair material damage from casualty except as
otherwise provided in this Agreement. After the Feasibility Period, Seller shall riot enter into or modify existing
rental agreements or leases (except that Seller may enter into, modify extend renew or terminate residential
rental agreements or residential teases in the ordinary course of its business), service contracts, or other
agreements affecting the Properly which have terms extending beyond Closing without first obtaining Buyers
consent,which shall not be unreasonably withheld..
it POSSESSION. Buyer shall be entitled to possession [Zan closing DI (on closing, if riot completed).
Buyer shall accept possession subject to all tenancies disclosed to Bluyer during the Feasibility Period„
a. SELLERS REPRESENTATIONS, Except as disclosed to or known by Buyer prior to the satisfaction or
waiver of the feasibility contingency stated in Section 5 above, including in the books, records and documents
made available to Buyer, or in the title report or any supplemental report or documents referenced therein,
Seller represents to Buyer that, to the best of Seller's actual knowledge each of the following is true as of the
date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its
obligations under the Agreement; (h) The books, records, leases, agreements and other items delivered to
Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding
the operation and condition of the Property; (c)Seller has not received any written notices that the Property
or the business conducted thereon violate any applicable laws regulations, codes and ordinances-, (0)Seller
has all certificates of occupancy, pemiits, and other governmental consents necessary to own and operate,
the Property for its current use; (e)There is no pending or threatened litigation which would adversely affect
the Property or Buyers ownership thereof after Closing, (f)There is no pending or threatened condemnation
or similar proceedings affecting the Property, arid the Property is not within the boundaries of any planned or
authorized local improvement district; (y) Seller has paid (except to the extent prorated at Closing) all local,
stale and federal taxes (other than real and personal property taxes and assessments described inn Section 8
above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property
(including any personal property) or for which Buyer may be held liable after Closing, (Ii) Seller is not aware,
of any concealed material defects in the Property except as disclosed to Buyer in writing during the Feasibility
Period, (i) There are no Hazardous, Substances (as defined below)currently located in„ on„ or under the
INITIALS, 1\
I
Date "I, SOF,' '---71 ) De im — -,,
Bur:,y Date Sc,41Eq DiR4e
E:mir k Black Commercial', Inc. ,cicorprercia6 8rok (EA/
Asocial,07
801 W, Riverside Ave Suite 300
ALL rogoers RessayED
Spokane, WA 99201
Form. PS_lA
Phone i 509-623-1000
&saki
Fax: 509-622-35,00
Page n ion
6 of 13
COMMERCIAL& INVESTMENT REAL ESTATE
PURCHASE& SALE AGREEMENT
(CONTINUED)
Property in a manner or quantity that presently violates any Environmental Law (as defined below);there are
no underground storage tanks located un the Property; and there is no pending or threatened investigation or
remedial action by any governmental agency regarding the release of hlazardous Substances or the violation
of Environmental Law at the Property. As used herein, the term "Hazardous Substances" shall mean any
substance or material now or hereafter defined or regulated as a hazardous substance, hazardous oivaste„
toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance
governing any substance that could cause actual or suspected harm to human health or the environment
( Environmental Law"), The term Hazardous Substances"'specifically includes, but is not limited to,
petroleum, petroleum by-products, and asbestos,
if prior to Closing Seller or Buyer discovers any information which)would cause any of the representations
above to be false if the seine were deemed made as of the date of such discovery, then the party discovering
the same shall promptly notify the other party in writing, If the newly-discovered information will result in costs
or liability to Buyer in excess of the lesser of$100,000 or five percent (5%)of the purchase price stated in this
Agreement, or will materially adversely affect Buyer's intended use of the Property, then Buyer shall have the
right to terminate the Agreement and receive a refund of its earnest money. Buyer shalt give notice of
termination within five (5) days of discovering or receiving written notice of the new information, Nothing in
this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of
II e newly-discovered information such that a representation provided for above was fatse.
13, AS-IS,. Except for those representations and warranties specifically included in this Agreement; (i) Seller
makes no representations or warranties regarding the Property; (ii) Seller hereby disclaims, and Buyer
hereby waives, any and all representations or warranties of any kind, express or implied concerning the
Property or any portion thereof, as to its condition value, compliance with laws, status of permits or
approvalsexistence or absence of hazardous material on site, occupancy rate or any other matter of similar
or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular
purpose„tenantability, habitability and use; (iii) Buyer otherwise takes the Property AS tS„"and (iv)Buyer
represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is
reasonable for Buyer to rely ori Is own pre-closing inspections and investigations,
14 PERSONAL PROPERTY,
a. This sale includes all right title and interest of Setter to the following tangible personal property E None
That portion of the personal property located on and used in connection with the Property, which Seller
will itemize on an Exhibit to be attached to this Agreement within ten (10)days of Mutual Acceptance
(None, if not completed). The value assigned to tho personal property shall be $ (if not completed,
the County-assessed value if available, and if not available, the fair market value determined by an
appraiser selected by the Lusting Broker and Selling Broker) Seller warrants title to, but not the condition
of the personal properly and shall convey it by bill of sale,
b, In addition t the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) above, this
sale inctudes all right, title and interest of Seller to thoilowing intangible property now or hereafter
existing with respect to the Property including without limitation, all rights-of-way, rights of ingress or
egress or other interests in, on or to, any land, highway, street, road, or avenue, open or proposed, in, On,
or across in front of, abutting or adjoining the Prot)erty; all rights to utilitie!s serving the Property; all
drawings, plans, specifications and other architectural or engineering work product; all governmental
permits, certificates„ licenses, authorizations and approvals: all rights, claims, causes of action, and
warranties under contracts with contractors, engineers, architects„ consultants or other parties associated
with Vie Property, all utility, security and other deposits and reserve accounts made as security for the
or, t
iNIDALS: Beyer "4-":\ Dare ' Seller Dak,'
Buyer axle Sr:a1er Dale
NAiBia ck lacksCommercial, Inc.
801 W. Riverside Ave Suite 300
ALL RIGHTS RESERVED
Spokane, WA 99201
Penn PS„ A
Phone: 509-623-1000
.ive aitpieertit"enti
Fax: 500-h22-3505 in lf'201
Rage 7 iii()
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE&SALE AGREEMENT
(CONTINUED)
fulfillment of any of Seller's obligationsany name of or telephone numbers for the Property and related
trademarks, service marks or trade dress;: and guaranties, warranties or other assurances of performance
received,
15, CONDEMNATION AND CASUALTY. Seller bears all risk of loss until Closing, and thereafter Buyer shall
bear the risk of loss, Buyer may terminate this Agreement and obtain a refund of the earnest money if
improvements on the Properly are destroyed or materially damaged by casualty before Closing, or if
condemnation proceedings are commenced against all or a portion of the Property before Closing, Damage
will be considered material if the cost of repair exceeds the lesser of$100,000 or five percent (5%)of the
purchase price stated in this Agreement.Alternatively, Buyer may elect to proceed with closing, in which
case, at Closing, Seller shall assign to Buyer all claims and right to proceeds under any property insurance
policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy,
16„ FIRPTA -TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or
NWMLS Form 22E, or equivalent) that Seller is not a"'foreign person within the meaning of the Foreign
Investment in Real Property Tax Act, and Seller shall sign it on or before Closing, If Seller is a foreign person,
and this transaction is not otherwise exempt from FURPTA, Closing Agent is instructed to withhold and pay
the required amount to the Internal Revenue Service,
17, CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted
Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the
StattAory Warranty Deed shall include a contract vee dee assignment sufficient to convey after acquired title,
At Closing, Seller and Buyer shall erxectffe and deliver to Closing Agent CBA Form No, PS-AS Assignment
and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to
Section 5(e)and all intangible property transferred pursuant to Section 14(b).
18, NOTICES AND COMPUTATION OF TIME. Unless othenNise specified, any notice required or permitted in,
or related to„ this Agreement (including revocation's of offers and counteroffers) must be in writing. Notices to
Seller must be signed by at least one Buyer arid must be delivered to Seller and Listing Broker with a
courtesy copy to any other party identified as a recipient of notices in Section 28 A notice to Seller shall be
deemed delivered only when received by Seller, Listing Broker, or the licensed office of Listing Broker,.
Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling
Broken and with a courtesy copy to any other party identified as a recipient of notices in Section 28, A notice
to Buyer shall be deemed delivered only when received by Buyer, Selling Broker, or the, licensed office,of
Selling Broker, Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond
either phoning the represented party or causing a copy of the notice to be delivered to the party's address
provided in this Agreement. Buyer and Seller shall keep Sellirrq Broker and Listing Broker advised of their
whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a
licensee then notices must be delivered to and shall he effective when received by that party at the address,
fax number, or email indicated in Section 28,
Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean I-3acifio'Time
and shall begin the day after the event starting the period and shall expire at 5 00 p.m, of the last calendar
day of the specified period of time unless the last day is a Saturday, Sunday or legal holiday as defined in
ROW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday,
Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or
legal holidays, Notwithstanding the foregoing, references to specific dates or times or number of hours shall
mean those dates, times or number of hours„ provided, however, that if the Closing Date'falls on a Saturday,
Sunday, or legal holiday as defined in ROW 1„16.050, or a date when the county recording office is closed,
\t ,4;
lNITIALS: Buye.t. Date t - senor
Dale ?`ir” —
Buyer seltler Date
Black Commercial, Inc
AS
,c,
E3 I 110, 67;.(Cornrnerc,a 8,03rs SO6 i riwo. ,
801 W, Riverside Ave Suite 300
ALL PJGHTS RESERVED
Spokane,WA 99201
Irv,. PS IA
Phone 509-623-1000
&sao Agreeni'cnt
Fax 509-622-3500 Re3i 112011
Pagerrof 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE& SALE AGREEMENT
(CONTINUED)
then the Closing Date shall be the next regular business day.,
19, AGENCY DISCLOSURE.At the signing of this Agreement,
Selling Broker Bryan Walker
represented Roth Parties
and the Listing Broker Bryan Walker
represented Both Parties
Selling Firm Selling Firms Designated Broker, Selling Broker's Branch Manager(if any)and Selling Broker's
Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing Firm's
Designated Broker, Listing Broker's Branch Manager (If any), and Listing Broker's Managing Broker(if any)
represent the nacre party that the Listing Broker represents. It Selling Broker and Listing Broker are different
persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to the Brokers'
Designated Broker, Branch Manager (it any), and Managing Broker(if any) representing both parties as a
dual agent. If Selling Broker and Listing Broker are the same person representing both parties, then both
Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager(if
any) and Managing Broker(if any) representing both parties as dual agents, All parties acknowledge receipt
of tile pamphlet entitled 'The Law of Real Estate Agency.''
20, ASSIGNMENT, Buyer may i]may not (may not, if not completed)assign this Agreement, or Buyers
rights hereunder without Seller's prior written consent, unless provided otherwise herein, If the "may not"
option is selected and the words "and/or assigns"or similar words are used to identify the Buyer, then this
Agreement may he assigned with notice to Seller but without Seller's consent only to an entity which is
controlled by or under common control with the Buyer identified in this Agreement,Any other assignment
requires Seller's consent, The party identified as the initial Buyer shall remain responsible for those
obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides
for Seller to finance a portion of the purchase price, then the party identified as the initial Buyet shall
guarantee payment of the Seller financing,
21, DEFAULT AND ATTORNEY'S FEE.
a, Buyer's default, In the event Buyer fails, without legal excuse, to complete the purchase of the Property,
then (check one
[20 Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole
and exclusive remedy available to Seiler for such failure, or
0 Seller may, at its option, (a) terminate this Agreement and keep as liquidated damages the earnest
money as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for
Seller's actual damages, (c) bring suit to specifically enforce this Agreement arid recover any incidental.
damages, or Id) pursue any other rights or remedies available at law or edi„iity.
U. Seller's default, In the event Seller fails without legal excuse to complete the sale of the Property, then
(check one):
INITIALS" s1/2. "--) soh, „
e-
Date
Buyer Daic Ser qar. Date
Black Commercial', Inc.
NAI91- ,a,Cornri,ercual Brokers cRe/
Assoroatk.wl .
801 W. Riverside Ave Suite 300
ALL RIGHTS RESERVED
Spokane, WA 90201
F°dm PS_ A
Phone: 509-623-1000
P,“0"CttaSC&Ewa Agreernem
Fax:. 509622-3500 Rev 1/20 1
P ap of'13
COMMERCIAL&INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONINUED)
M As Buyer's sole remedy, Buyer may either(a)terrrnnate this Agreement and recover all earnest money
or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase,
price; or(b) bring suit to specifically enforce this Agreement and recover incidental damages, provided,
however, Buyer must lie suit within sixty (60)days from the scheduled date of closing or from the date
Seller has informed Buyer in writing that Seller will not proceed with closing, whichever is earlier; or
Bowyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to
specifically enforce this Agreement and recover any incidental damages, or(c) pursue any other rights or
remedies available at law or equity.
Neither Buyer nor Seller may recover consequential damages such as lost profits, if Buyer or Seller
institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable
attorneys fees and expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the
court,. The venue of any suit shall be the county in which the Property is located, and this Agreement shall
be governed by the laws of the state where the Property is located.
22, MISCELLANEOUS PROVISIONS,
a, Complete Agreement, This Agreement and any addenda and exhibits thereto state the entire
understanding of Buyer and Seller regarding the sale of the Property, There are no verbal or other written
agreements which modify or affect the Agreement.
b. Counterpart Signatures, This Agreement may be signed in counterpart, each signed counterpart shall be
deemed an original, and all counterparts together shall constitute one and the same agreement,.
c, Electronic Delivery. Electronic delivery of documents (e.g,„ transmission by facsimile or email) including
signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery
of an original, At the request of either party, or the Closing Agent, the parties will replace electronically
delivered offers or counteroffers with original documents.
ct, Section 1031 Like-Kind Exchange, If either Buyer or Seller intends for this transaction to be a part of a
Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like-
kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any
expenses (including attorneys fees and costs)incurred by the cooperating party that are related only to the,
exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding Section
20 above, any party completing a Section 1031 like-lurid exchange may assign this Agreement to its.
qualified intermediary or any entity set up'for the purposes of completing a reverse exchange,
23, ACCEPTANCE; COUNTEROFFERS. Seller has until midnight , 20 (if not filled in, the third
business day) following the day Buyer delivers the offer to accept this offer, unless sooner withdrawn, if this
offer is not timely accepted it shall lapse and the earnest money shall be refunded to Buyer, If either party
makes a future counteroffer the other party shall have until 500 p,m, on the business day(if not filled
in, the second business day)following receipt to accept the counteroffer, unless sooner withdrawn, if the
counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be
refunded to the Buyer, No acceptance, offer or counteroffer from the Buyer is effective until a signed copy is
received by the Seller, the Listing Broker or the licensed office of the Listing Broker, No acceptance, offer or
counteroffer from the Seller is effective until a signed copy is received by the Buyer, the Selling Broker or the
iii-,:ensed office of the Selling Broker. 'Mutual Acceptance"shall occur when the last counteroffer is signed by
the offeree,and the fully-signed counteroffer has been received by the offeror, his or her broker, or the
INITIALS; Buyer
oak, ( et) Sete \I)
'
Dale 111 1-\
Buyer Da I:C^J Seller Dae
PBlack Commercial, Inc. ,ID.Cormterengat Cirorom
As ZO,k)11 0
801 W.. Rivrside Ave Suite 300
R 0 GHTS RESERVED
Spokane, WA 99201
rorm Ps.JA
Phone: 509-823-1000
Purrthavit Sttget Agreement
Fax: 509-622-3500
Rev /20'o
P'3gB 0 Of /
COMMERCIAL& INVESTMENT REAL ESTATE,
PURCHASE& SALE AGREEMENT
(CONTINUED)
licensed office of the broker, If any party is not represented by a broker, then notices must be delivered to
and shall Lie effective when received by that party.
24., INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller
within ten (10) days of Setters +written request copies of all materials received from Seller and any non
-
privileged plans, studies, reports, Inspections, appraisals, surveys,drawings, permits, applications or other
development work product relating to the Property in Buyer's possession or control as of the date this
Agreement is terminated,
25 CONFIDENTIALITY. Until and unless closing has been consummated, Buyer and Seller shall follow
reasonable measures to prevent unnecessary disclosure of information obtained in connection with the
negotiation and performance of this Agreement, Neither party shall use or knowingly permit the use of any
such information in any manner detrimental to the other party,
26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the
terms and conditions herein, and further agrees to pay a commission in a total amount computed in
accordance with the listing or commission agreement„ It there is no written listing or commission agreement,
Seller agrees to pay a commission of % of the sales price or$ The commission shall be
apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement;
If there is no listing or written co-brokerage agreement, then Listing Firm shall pay to Selling Firm a
commission of % of the sales price or$ Seller assigns to Listing Firm and Selling Finn a
portion of the sales proceeds equal to the commission, if the earnest money is retained as liquidated
damages, any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller snail be
reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-halt to Listing Firm
and Selling Firm according to the fisting agreement and any co-brokerage agreement. In any action by Listing
Firm or Selling Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and
expenses, Neither Listing Firm nor Selling Firm :are receiving corripensation from more than one party to this
transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such
compensation. The Property described in attached Exhibit A is commercial real estate. Notwithstanding
Section 25 above, the pages containing this Section, the partiessignatures and an attachment describing the
Property may he recorded
27, LISTING BROKER,AND SELLING BROKE 7"DISCLOSURE EXCEPT AS OTHERWISE DISCLOSED IN
WROTING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER„ AND FIRMS FilAVE NOT
MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT
INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S
FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS,
THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; 'THE FITNESS OF THE PROPERTY
FOR BUYER'S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING
WITHOUT LIMlTATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH
APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR
HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR,OTHER AL.LERGENS, SELLER AND
BUYER ARF EACId ADVISED TO ENGAGE QUALtHED EXPERTS TO ASSIST WITH THESE DUE
DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED “TO SEEK INDEPENDENT
LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT
) S'
INITIALS; Buyer ome g seve, 4S
Date —
B uyer Da1e ,SeovIT DaAe
Ri 44
3c1( z liark Cornrriercial. Inc. CoveneReal Cr LL
AssoceliteLle
IC J. 801 W, Riverside Ave SuO,e 300 AL L RgIGHT'S RESERVED
Spokane, WA 99201
Phone 509-623-1000 FOrM PS ULL
PLoghage Aereggerel
Fax: 509-622-3500 Rev .tl12011
I)tl 3
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE&SALE AGREEMENT
(CONTINUED)
28, IDENTIFICATION CF THE PARTIES, The following is the contact informaben for the pat es involved in this
AgreemenL
Blau: Seller
Buyer: McCloskey Construction Inc. Seller: David A Black
Contact: Contact:
„
Address: Address:
Business Phone: Business Phone;
Mobile Phone: Mobile Phone,
Fax: Fax:
Email: Email:
Selling Firm Listing Firm,
Name: Black commercial Inc. Name: Back Commercial Inc.
Assumed Name: (if applicable) Nal BIre Assumed Name: (if applicable) Nal Black
Selling Broker: Bryan Walker Listing Broker: B,r3,eri Walker
Address: Address:
Business Phone: Business Phone:
Mobile Phone: Mobile Phone:
Email: Email:
Fax, Fax:
CBA Office No,: CBA Office No,:
Licensed Office of the Selip2 Broker Licensed Office of the, J, in Broker
Address: Address:
Business Phone: Business Phone:
Email:
Fax: Fax:
CEA Office No,: CBA Office No,:
Courtesy Copy of Notices to Buyer to: sI Copy of Notices to Seller to:
Name. Name:
INITIALS, Buyer Date Saler 1) Date '7
F3uyer Date SrrVOrer DMe
RifPi9irk 1:lack Cornmercial, Inc„ Blookefo r 1341/2<
801 W: Riverside Ave Suite 300 ALL R led11 S RESERVED —
Spokane, WA 99201
'Foam PS lle1,
Phone: 509623-1000
Purcchase Saw Agrpemeat:
Fax, 50 -6223500 Roe tO2f7,1 111.
Pfedf,,,, 12 of 13
COMMERCIAL& INVESTMENT REAL ESTATE
PURCHASE& SALE AGREEMENT
(CONTINUED)
Address: Address:
Business Phone: zusiness Phone:
Fax: Fax:
Mobile Phone: Mobile Phone:
Email:
IN WITNESS WHEREOF, the parties have signed this Agreement intending to be hound.
Buyer — e ( I IL-1 Buyer
Proofed name and ede3 of enety Pooled name and emy
Buyer ( 1%ec ,i1N Buyer
7'"Igna1enle and Wie, Soynalure Fmd Nk?
Date signed [)ate signed
Seller I) t„,eiC. Seller
Prmt,,A f-r0e anu Gpe enhly
PNntout name, ana[(pie 011 toddy
Seller (1 (
S"ognature ard
:,),5""gtari ar
Date signed Date signed
INI
Was;
TIALS: ES„sor Its A1/4, Date Sa'10 )4) ?
Gaye', nato Sa11101 Da
(
BIatk Commercial, Inc.
CDTM elt al red^,e
AS riC,C),a 600 ('PA/
801 W, Riverside Ave Suite 300
ALL.RRSHTS RESERVED
Spokane, WA 99201
Foiey
Phone: 509-623-1000
pule,Thase 6 Sele Agneernere
Fax: 509-622-3500
Rev. 1/201 I,
Pa!r or 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
EXHIBIT A
[Legal Description]
To ensure accuracy in the legal description, consider substituting the legal description contained in the
preliminary commitment for title insurance or a copy of the Property's last vesting deed for this page, Do not
neglect to label the substitution 'Exhibit A."You should avoid transcribing the legal description because any error
in transcription may render the legal description inaccurate and this Agreement unenforceable,
("5 (:1 41'"
INITIALS i Buyer 4,1 Date SeOr IDMel 4 m /4:1
Buyer 0ate, DallP
o ne �' Community & Public Works Department
.� al ley Building&Planning Division
Mme'";, ` NOTICE OF PUBLIC HEARING
THE SPOKANE VALLEY COMMUNITY AND PUBLIC WORKS DEPARTMENT IS SENDING THIS NOTICE OF PUBLIC HEARING
TO ALL PETITIONERS(IF ANY)AND ALL OWNERS OF PROPERTY ABUTTING THE STREET PROPOSED TO BE VACATED BASED
ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. YOU ARE
HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW:
HEARING DATE: January 9,2020 at 6:00 p.m.
HEARING LOCATION: Spokane Valley City Council Chambers, City Hall, 10210 East Sprague Avenue; Spokane Valley,
WA 99206.
REVIEW AUTHORITY: Spokane Valley Planning Commission
STAFF: STAFF CONTACT: Lori Barlow,AICP, Senior Planner; (509) 720-5335; LBarlow@spokanevalley.org
FILE NUMBER: STV-2019-0005
DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 385 feet of unimproved right-of-way
of 12th Avenue, 13th Avenue, and the Alleyway lying in between, and 500 feet of Chronical Road.
LOCATION OF PROPOSAL: The portion of right-of-ways proposed to be vacated lies southwest of the intersection of
12th Avenue and Carnahan Road and is adjacent to parcel numbers 35233.9189, 35233.9190,35233.0101, 35233.1402,
35233.1307, 35233.0204, and 35233.0203, and further located in the SW quarter of the SE quarter of Section 23,
Township 25 North,Range 43 East, Willamette Meridian, Spokane Valley, Washington.
APPLICANT: Todd Whipple, Whipple Consulting Engineers, 21 S Pines Road, Spokane Valley, WA 99206
OWNER 1: Thom and Michelle Hamilton, 9212 E Montgomery Avenue, Suite 604, Spokane Valley, WA 99206
OWNER 2: Jeff McCloskey, 9708 N.Nevada Street, Spokane, WA 99218
OWNER 3: David Black, 12009 E Empire Ave. Spokane, WA 99206
ENVIRONMENTAL DETERMINATION: The Planning Division has reviewed the proposal/project and has determined
that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code
(SVMC); Title 21 (Environmental Controls) from environmental review under the provisions of the State
Environmental Policy Act(SEPA).
APPROVAL CRITERIA: Section 22.140 (Street Vacations) of the City of Spokane Valley Municipal Code(SVMC),
Title 21 (Environmental Controls) of the City of Spokane Valley Municipal Code; the City of Spokane Valley Street
Standards;the Regional Stormwater Manual; and the Spokane Regional Health District regulations.
HEARING PROCESS: The Planning Commission holds the public hearing to receive comments and forwards a
recommendation to the City Council for an ordinance adoption.
STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven(7) calendar days
before the hearing. The staff report and application file may be inspected at City of Spokane Valley City Hall, 10210
East Sprague Avenue,between 8:00 am and 5:00 pm, Monday-Friday, excluding holidays. Copies of documents will
be made available at a reasonable cost.
COMMENTS: Send written comments to the City of Spokane Valley Department of Community and Public Works,
10210 East Sprague Avenue, Spokane Valley,WA 99206; Attn: Lori Barlow,File No. STV-2019-0005.
SPECIAL ASSISTANCE: Individuals planning to attend the meeting who require special assistance to accommodate
physical,hearing, or other impairments,please contact the City Clerk at(509) 720-5102 as soon as possible so that
arrangements may be made.
From: Bvus,Dave
To: Lori Barlow
Subject: RE: [External]STV-2019-0005
Date: Monday,December 02, 2019 3:39:26 PM
Attachments: image002.gif
image003.gif
image004.jpq
Hi Lori,
Avista does not have any existing overhead or underground gas or electric utilities installed within
the proposed areas of the street vacation.
I had several conversations with Whipple and Karen about this back from August through October
2019. Perhaps they forgot to submit my comments with the application?
Avista does not have any issues with this street vacation proposal and will not require anything
further for approval.
Please let me know if you need anything else.
Thanks
Dave Byus
Real Estate Representative
PO Box 3727 MSC 25
Spokane,WA 99220
1411 E Mission Ave.MSC-25
Spokane,WA 99202
P 509.495.2013
C 509.993.7852
ua avi s•,aLI:•i i m a m
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From: Lori Barlow [mailto:lbarlow@spokanevalley.org]
Sent: Monday, December 2, 2019 2:26 PM
To: Bill Helbig ; Chad Phillips ; Jerremy Clark; Shane Arlt ; 'Traci Harvey, Spokane Valley Fire Dept No.
1' ; 'Chris Johnston' ; Chris Knudson ; 'Colin Depner' ; 'Spokane Regional Health District' ; Gene Repp ;
Carnhope Irrigation District No. 7; 'Consolidated Irrigation District#19' ; 'WA Transportation' ;
'Spokane Transit Authority' ; Scott Farkas (ScottF@spokaneschools.org) ;
'Candyj@spokaneschools.org' ; Byus, Dave ; 'CenturyLink' ; 'Comcast'
Cc: Mike Basinger
Subject: [External] STV-2019-0005
All,
Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley
lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road,
south of 8th Avenue and north of 14th Avenue, as described in the attached application
materials.
Comments are requested by Monday, December 16, 2019.
Lori Barlow,AICP I Senior Planner,Community and Public Works Department
10210 E.Sprague Avenue I Spokane Valley,WA 99206
(509)720-5335 I LBa,rlow. s,poka,ne„v,,,alle,X„org
www.spokanevalley.org
This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56
RCW.
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From: Terry Squibb
To: Lori Barlow
Subject: RE: STV-2019-0005
Date: Monday,December 02, 2019 6:28:06 PM
Attachments: image001.jpq
This is outside our service area.
Terry Squibb
Carnhope Irrigation District#7
From: Lori Barlow
Sent: Monday, December 02, 2019 2:26 PM
To: Bill Helbig; Chad Phillips; Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No.
1' ; 'Chris Johnston' ; Chris Knudson ; 'Colin Depner' ; 'Spokane Regional Health District' ; Gene Repp ;
Carnhope Irrigation District No. 7; 'Consolidated Irrigation District#19' ; 'WA Transportation' ;
'Spokane Transit Authority' ; Scott Farkas (ScottF@spokaneschools.org) ;
'Candyj@spokaneschools.org' ; 'Avista Dave Byus' ; 'CenturyLink' ; 'Comcast'
Cc: Mike Basinger
Subject: STV-2019-0005
All,
Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley
lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road,
south of 8th Avenue and north of 14th Avenue, as described in the attached application
materials.
Comments are requested by Monday, December 16, 2019.
Lori Barlow,AICP I Senior Planner,Community and Public Works Department
10210 E.Sprague Avenue I Spokane Valley,WA 99206
(509)720-5335 I LBarlow.@.5.pol<anevalle org
www.spokanevalley.org
This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56
RCW.
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Interoffice
Spokane Memorandum
Valley
DATE: December 3, 2019
TO: Lorri Barlow, AICP
Senior Planner
FROM: Bill Helbig, P41
City Engineer V--/
RE: STV-2019-0005 (Street Vacation of 12'h, 13h, Chronicle, and Alleys)
I received your memo dated December 2nd regarding the above privately initiated street vacation
application. After review, I have the following comments to both the application materials and
proposed vacation.
Application Materials
The application requires detailed answers to six questions. The responses to the questions are
inadequate in my opinion.
Question 1: The answer to "how does the vacation improve service to the public" is not in
the response. Summary— Inadequate Response.
Question 2: The question is asking for an explanation of why the streets or alleys are no
longer needed for public use. The response does not provide an explanation.
Summary— Inadequate Response.
Question 3: The response to if a new/different right of way would better serve the public is
not apparent. The response to question 3 references responses to questions 1
and 2, which are inadequate in themselves. The reference to "geographical
separation" is not described and unsupported. Summary— Inadequate
Response.
Question 4: The response does not address the question regarding future conditions. The
response references a "conditioned" project for the site. I am unaware of any
projects "conditioned" for the site. Summary— Inadequate Response.
Question 5: The response indicates that there are no known easements in the proposed
vacated areas. Summary—Adequate Response.
Question 6: The response indicates that there are no known stormwater facilities in the
proposed vacated areas. Summary—Adequate Response.
Summary of Responses to Questions —The proponent fails to adequately respond to
questions 1 to 4 in their response. Based on the responses, they have not provided any
information, data, or reasoning for the vacation of the right-of-ways or alleys. My
recommendation would be for them to resubmit responses that address the questions
presented.
STV-2019-0005 Review.docx Page 1 of 2
DATE: December 3, 2019
TO: Lorri Barlow, Senior Planner
RE: STV-2019-0005 (Street Vacation of 12th, 13th, Chronicle, and Alleys)
Review of Vacation Request
As part of this vacation request, I first had a look at the underlying land use and zoning for the
adjacent parcels. In this case, the area in question is designated Single Family Residential with
an R3 zoning. As such, the right-of-way network is required to provide access to the area and
each individual parcel. Should the right-of-way for Chronicle Road be vacated, two adjacent
parcels (35233.0203 & 35233.0204) would be land-locked. The right-of-ways for 13th Avenue
and the alley between 12th and 13th could be vacated as they encroach upon the wetland area.
The 12th Avenue right-of-way may be required in the future for connectivity directly to Carnahan
Road.
Summary of Vacation Request— Due to the underlying land use and zoning, and the
requirement for access, I would not be in support of vacating the Chronicle Road right-of-way.
Of those requested, I would only support the vacation of the 13th Avenue and alley right-of-way
as they cross a large wetland.
STV-2019-0005 Review.docx Page 2 of 2
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BRYAN CHLI,INS, FIRE CHIEF
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2120 N,Wilbur
Spokane ValleyWA 99206
(509)928-1700 Main
16,December
(509892-4125 Fax
2019
spwka�eya�Uey�e�comm
Cityof3pnkaneVa||ey
10210 E. Sprague Avenue
Spokane Valley, WA 99208
RE: 8TVc2010-0005
Unimproved sections of 12th & l3th and Alley and Chronicle Road
The Spokane Valley Fire Department has completed a review for the above referenced project and has
no comments on the Street Vacation. All specific fire department access requirements shall be
addressed as part of future development.
If there are any questions please do not hesitate to call.
Sincerely,
)
Traci Harvey
Fire Protection Engineer
Spokane Valley Fire Department
From: Chad Phillips
To: Lori Barlow
Cc: Bill Helbiq;Chad Riggs
Subject: RE:STV-2019-0005
Date: Tuesday,December 03,2019 1:53:50 PM
Attachments: imaae004.ioq
12-2-7019 Routing.pdf
jmage001.onq
Lori—
The City contributes to a stormwater system (pipes and catch basins)that traverses thru parts of the requested vacation.
This system has lots of legal issues.Specifically,the system also traverses(to the North)through other private properties
with no secured easements.
If this vacation request is connected to the proposed future development in the area,it is my understanding that the
system may need to be relocated to accommodate the development.
If that's the case we would acquire easements during the development process, if not I would think we would secure the
easements in conjunction with the proposed vacation.
Thanks
Chad
Chad Phillips,P.E. I Engineer,Stormwater
10210 E.Sprague Avenue I Spokane Valley,WA 99206
(509)720-5013 I sohi.Ili r4C s l,.anevallsy.org
L
This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW.
From: Lori Barlow
Sent:Monday, December 2,2019 2:26 PM
To:Bill Helbig;Chad Phillips;Jerremy Clark;Shane Arlt; 'Traci Harvey,Spokane Valley Fire Dept No. 1'; 'Chris Johnston';
Chris Knudson;'Colin Depner'; 'Spokane Regional Health District';Gene Repp;Carnhope Irrigation District No.7;
'Consolidated Irrigation District#19'; 'WA Transportation'; 'Spokane Transit Authority';Scott Farkas
(ScottF@spokaneschools.org);'Candyj@spokaneschools.org';'Avista Dave Byus'; 'CenturyLink'; 'Comcast'
Cc: Mike Basinger
Subject:STV-2019-0005
All,
Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley lying in
between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue
and north of 14th Avenue, as described in the attached application materials.
Comments are requested by Monday, December 16, 2019.
Lori Barlow,AICP I Senior Planner,Community and Public Works Department
10210 E.Sprague Avenue I Spokane Valley,WA 99206
(509)720-5335 I LBarlow@spokaneyalle .or
www.spokanevall ev.orq
This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW.
To: Lori Barlow
CC:
From: cdepner@spokanecounty.org
Date: 12-16-2019
Subject: STV-2019-0005
Project Name:
Stage: Preliminary
Description:
Site Address:
' d dird
SS14A This project lies within the City of Spokane Sewer Service Area. Applicant is required to notify
them of this proposal and conform to their requirements.
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 9, 2020
Item: Check all that apply n old business n new business n public hearing
n information 171 study session n pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Planning Commission Rules of Procedure Update
DESCRIPTION OF PROPOSAL: Periodic update of Planning Commission Rules of
Procedures.
GOVERNING LEGISLATION: SVMC 18.10.030
BACKGROUND:
The Spokane Valley Planning Commission was established in 2003 during the
incorporation of the City. The original Commission was tasked with establishing Rules of
Procedure. The Rules of Procedure state they should be reviewed in the odd numbered
years for any necessary updates, or at any time the legal office feels it has a necessary
change. The Rules of Procedure were adopted in 2005 and updated 2010, 2011 and 2012.
Staff recommends that Planning Commission members review the current Planning
Commission Rules of Procedure. A draft of suggested changes has been provided in the
packet. These suggested changes will be discussed and any others which the Commission
members feel should be updated.
Planning Commission members should consider the recommended changes in order to be
able adopt a recommended draft which will be forwarded to the City Council for final
approval.
RECOMMENDED MOTION: I move to approve the updated Planning Commission Rules of
Procedure and recommend approval to the City Council.
STAFF CONTACT: Jenny Nickerson, Building Official
ATTACHMENTS:
1. 2020-01-09 Redlined Draft Planning Commission Rules of Procedure
2. 2020-01-09 Clean Draft PC Rules of Procedure
RPCA Study Session for CTA-2017-0003 Page 1 of 1
City of Spokane Valley
Planning Commission Rules of Procedure
Adopted by Planning Commission 02-19-05
Revised by Resolution 10-004,2-09-2010
Revised by Resolution 11-010, 11-29-2011
Revised by Resolution 12-006, 10-30-2012
Revised by Resolution 20-XXX,DATE
On January 9,2020,these Rules of Procedure were adopted by the Planning Commission,pending
approval of City Council.
ORGANIZATION AND RULES OF PROCEDURE
1. Name
The"City of Spokane Valley Planning Commission,"hereinafter referred to as the"Commission" is an
advisory body created by the City Council for purposes consistent with chapter 18.10 of the Spokane
Valley Municipal Code(SVMC).
2. Location
The Commission meetings shall be held at the City Hall of the City of Spokane Valley,unless otherwise
identified in the notice of meeting.
3. Officers
A. Unless otherwise required by a vacancy in office, the Commission shall organize every year in
accordance with chapter 18.10 SVMC.
B. Officers of the Commission shall be elected from its membership; the officers shall be Chair and
Vice Chair.
C. Commission members must have served at least one full calendar year to be eligible to be elected
as an Officer.
D. The Chair shall preside over the Commission meetings and exercise all powers incidental to the
office,retaining however,the full right as a member of the Commission to propose motions,
second motions, and have a vote recorded on all matters of the Commission.
E. In the absence of the Chair from any meeting,the Vice-Chair shall perform all the duties
incumbent upon the Chair, and retain the full right as a member of the Commission in the same
manner as the Chair.
4. Secretary of the Commission
A. The City Manager shall assign a Secretary to the Commission.
B. The Secretary shall provide for a recording of all Commission meetings, including public
hearings, and shall ensure that summary minutes of all public hearings and meetings are prepared,
approved, and filed in the public record.
Page 1 of 8
C. The Secretary shall conduct and record a roll call of the Commission members at each meeting,
public hearing and study session.
5. Attendance:
A. Excused Absences: Members of the Commission may be excused from meetings with
notification to the Chair, Vice Chair, Secretary or Building Official,prior to the meeting,
and by stating the reason for the inability to attend. Following or prior to roll call, the
Presiding Officer shall inform the Commission of the member's absence, and inquire if
there is a consent motion to excuse the member. The motion shall be non-debatable.
Upon consent by a majority of members present, the absent member shall be considered
excused and the Secretary shall make an appropriate notation in the minutes.
B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings
should not be taken lightly, nor should a decision to remove a Commissioner for missing
meetings. As soon as possible after two consecutive unexcused absences, and prior to a
third consecutive unexcused absence, the absent Commissioner must request a leave of
absence if they desire to remain on the Commission. At a third consecutive meeting
where a Commissioner is not excused and there has been no request for a leave of
absence, the absent Commissioner's seat shall be forfeited effective immediately.
C. Leave of Absence:
1. A Commissioner whose serious health or physical condition would prevent them from
performing the duties of the Planning Commission may ask to be placed on a leave of
absence under the following conditions:
2. Such serious health or physical condition must be certified in writing by a medical
physician.
3. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the
Secretary of the Commission or Building Official at least one week prior to the date when
such leave would commence.
4. The request for a leave of absence must state the anticipated date the Commissioner will
resume their duties.
5. By majority vote of the whole Commission, a leave of absence shall be granted as
follows:
6. The absence shall not exceed 90 days from the date the motion is passed by Commission;
7. At the end of the 90-day leave of absence,the absent Commissioner shall either:
a. Return to normal Commission duties commencing with the first Thursday meeting
following the end of the 90-day leave; or
b. Submit a letter of resignation to the Secretary of the Commission.
A leave of absence may only be granted twice during a Commissioner's three-year term, with no
less than six months between each request. Upon approval of a leave of absence,the absent
Commissioner shall not be replaced with a pro-tem Commissioner during the absence.
6. Election of Officers
A. Officers shall be elected at the first regular meeting in January of each year, by majority vote of
the membership of the Commission. Terms of office shall run from the first January meeting
until December 31, or until a successor has been elected. No Commission member shall serve
Page 2 of 8
more than two full consecutive terms as Chair of the Commission. No Commission member shall
serve as Vice-Chair for more than two full consecutive terms.
B. In the event that the Commission has no sitting Chair at the first regular meeting in January,the
Vice-Chair will preside over the Commission until officers are elected. If at the first regular
meeting in January,both the Chair and Vice-Chair are no longer Commission members, the
Secretary will preside over the meeting until Officers are elected.
C. A vacancy in either the Chair or Vice-Chair shall be filled by a special election, to be held at a
convenient time with a majority present. In the event that the office of Chair is vacated, the Vice-
Chair shall serve in that capacity until the required special election is held. No member can hold
two office positions concurrently.
7. Rules of Order
The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the
current"Robert's Rules of Order"in the Council Chambers during Commission meetings. Robert's
Rules of Order shall govern the conduct of all public meetings of the Commission except when they
conflict with these Rules of Procedure.
8. Quorum
A quorum shall consist of a majority of the Commission and no action can be taken in the absence of a
quorum except to adjourn the meeting to a subsequent date. A quorum must be present for all meetings.
9. Voting
A. The affirmative vote of a majority of those present shall be necessary for the adoption of any
motion or other general matter.
B. For the conduct of business dealing with the adoption or changes to the City's Comprehensive
Plan, at least four affirmative votes must be cast. No proxy shall be allowed.
C. Commission members present when the question was called shall give their vote. If any
Commission member refused to vote"aye" or"nay"their vote shall be counted as a nay vote,
unless the Commission member has recused themselves due to actual or perceived appearance of
a conflict of interest,which shall be so stated prior to the vote at hand. Abstentions are not
permitted.
D. No member may participate or vote on a matter unless the member has been in attendance at all
public hearings regarding such matter, or has listened to the recording of the public hearing and
reviewed the written record of the matter in question.
E. Election of Officers. Each officer, Chair and Vice Chair,must receive a majority vote of the
Commission in order to be elected to the position. Voting may be taken by paper ballot.
10. Meetings
A. There shall be at least one regular meeting each month with additional meetings scheduled as
necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the 2nd
and 4th Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m.
Meeting ending time may be extended by a majority vote of the Commission. Meetings may be
used for general planning matters, study sessions or public hearings as described below.
1. Meetings on General Planning Matters. General planning matters to be reviewed by the
Commission will typically be preceded by a study session of the Commission to discuss
the issues with City staff. Generally,no testimony from the public shall be taken at a
study session.
Page 3 of 8
2. Public Hearing Meeting. A public hearing is a meeting to provide the public an
opportunity to comment or give testimony on a proposed action or items such as the
Comprehensive Plan, or development regulations.The Commission may deliberate upon
the item immediately after the hearing, or during another scheduled meeting(s).
3. Scheduled meetings may be canceled or convened at other times if deemed necessary by
the Chair or,in the absence of the Chair,by the Vice-Chair. Notice of cancellation shall
be given to Commission members, and to the public by posting a notice at City Hall and
on the City's website.
4. The recommended order of business for meetings is:
a. Call to order by Chair.
b. Pledge of Allegiance.
c. Roll call by Secretary.
d. Approval of Agenda.
e. Approval of minutes.
f. Commission member reports.
g. Administrative reports.
h. Public comment.
i. Commission business.
j. For the good of the order.
k. Adjournment.
B. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30
RCW.
C. Special meetings may be called:
1. By a written or verbal request to the Chair, or in the Chair's absence,to the Vice-Chair, or by
a majority of the members of the Commission, or City staff.
2. By approved motion of the Commission.
3. Notice of a special meeting shall be provided as required pursuant to chapter 42.30.080
RCW, including posting notice of such meeting at least 24 hours before the time of such
meeting as specified in the notice.
11. Conduct of Hearings
A. Actions for a Commission Public Hearing.
1. Prior to the start of the public hearing,the Chair may require that all persons wishing to be
heard sign in with the Secretary, giving their name, city of residence,the agenda item, and
whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to
sign in shall wait to speak until all those who have signed in have had an opportunity to
speak; and when they speak at the hearing, shall give their name and city of residence. The
Chair, subject to concurrence by the majority of the Commission,may establish time limits
and otherwise control presentations. Such limits shall be established and announced prior to
beginning the hearing. The Chair may change the order of speakers so that testimony is heard
in the most logical groupings, (i.e.,proponents, opponents, adjacent owners,vested interests,
etc.).
Page 4 of 8
2. The Chair shall introduce each agenda item, open each public hearing, and announce the
following Rules of Order:
a. All public comments shall be made from the speaker's podium and shall be directed to the
Commission. Any individual making comments shall first give their name and city of
residence. This is required because an official recorded transcript of the public hearing is
being made.
b. It is not necessary to be a proponent or opponent in order to speak. Those who are
neither a proponent nor an opponent,should speak during the proponent portion and
indicate that they are neither a proponent nor an opponent.
c. No comments shall be made from any other location, and anyone making"out of order"
comments shall be subject to removal from the meeting as allowed by law.
d. We ask that there be no demonstrations, applause or other audience participation during
or at the conclusion of anyone's presentation. It is distracting to the Commission and
takes time away from the person who is testifying..
e. Please limit your testimony to three minutes. (unless a majority of the Commission agrees
to allow the Chair to extend time)
f. These rules are intended to promote an orderly system of holding a public hearing and to
give all that wish to speak an opportunity to be heard.
B. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine
applies,the Commission members should give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect financial interest in the outcome of the proceeding;
3. A prejudgment of the issue prior to hearing the facts on the record, or
4. Had ex parte contact with any individual, excluding staff, with regard to an issue prior to the
hearing. Please refer to Section 16(B) for more specific information on how to proceed
where there has been an ex parte communication.
If any Commission member should determine that items (C)(1-4) should apply to them,they
should consult with a member of the legal staff,prior to the meeting, to determine if a conflict of
interest violation exists pursuant to the Appearance of Fairness Doctrine. If such a violation or a
perception of a violation exists, the Commissioner should recuse themselves.
C. Conducting the Public Hearing
1. The Chair will announce the matter and open the public hearing, stating the time.
2. The Chair will allow staff to describe the matter under consideration and place the issue and
any documents into the public record.
3. The Chair will inquire as to whether Commission members have any questions of staff. If any
Commission member has questions,the appropriate individual will be recalled.
4. The Chair will allow proponents, opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commission members to ask questions of any
person at the conclusion of their testimony.
5. At the conclusion of the public testimony,the Chair may ask staff if there is any additional
information, testimony or evidence to submit for the record.
Page 5 of 8
6. The Chair will then either close or continue the public hearing and state the time for the
record. Additional testimony may not be requested or considered after the closing of the
public hearing,however,the Chair may declare that the public hearing will remain open until
a date certain for the purpose of receiving written testimony or materials.
7. The Chair will inquire if there is a motion by any Commission member. If a motion is made,
it shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent
"approval by default" of a failed negative motion. Following the motion and its second,
discussion will occur among Commission members.
8. The Chair will inquire if there is any further discussion by the Commission members.
9. The Chair will inquire if there are any final comments or recommendations from staff.
10. The Chair will inquire of the Commission members if they are ready for the question.
11. The Chair will call for the vote on the motion and, following the vote, announce the outcome
of the vote.
12. Pre-filing of testimony or evidence is encouraged and maybe delivered to City staff in
advance of a hearing.
12. Agenda, Staff Reports and Minutes for Regular Meetings.
A. A copy of the agenda for every regular meeting of the Commission will be sent to each member
up to seven days prior to the date of the meeting.
B. Staff reports will be sent to Commission members with the agenda. Agendas and staff reports
will be made available to applicants and the public at the same time.
13. Minutes and Communications with the City Council.
Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in
connection therewith shall be considered the public record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of minutes of the previous meeting.
These minutes shall be considered for approval by the Commission at a regularly scheduled public
meeting and upon approval, shall become part of the official record of action of the Commission.
Approved and signed minutes shall also be transmitted to the City Clerk.
14. Recording of Meetings
Whenever possible,proceedings of all public hearings,meetings, study sessions and any special meeting
shall be recorded and retained in accordance with the Washington State Archives Retention Schedule.
15. Statement of Ethics/Code of Conduct
A. Statement of Ethics. It is hereby recognized and established that high moral and ethical
standards of Commission members are vital and essential to provide unbiased, open, and honest
conduct within all phases and levels of government;that rules of ethics are helpful in guiding
Commission members to eliminate or prevent actual or perceived conflicts of interest in public
office, and to improve and elevate standards of public service so as to promote and strengthen the
confidence,faith and trust of the people of the City of Spokane Valley in their local government.
B. Interests in Contracts Prohibited; Exceptions.No Commission member shall be beneficially
interested, directly or indirectly, in any contract which may be made by, through,or under the
supervision or direction of any City of Spokane Valley employee, in whole or in substantial part,
or which may be made for the benefit of his or her office, or accept, directly or indirectly, any
compensation, gratuity or reward in connection with such contract from any person beneficially
Page 6 of 8
interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030,
which are incorporated herein as if fully set forth.
C. Conflicts of Interest
1. A Conflict of Interest includes:
a. Engaging in a transaction or activity which impairs, or would to a reasonable person
appear to impair,the Commission member's independence of judgment or action in the
performance of their official duties;
b. A Commission member having a financial or other private or personal interest in any
matter upon which the member is required to act in the discharge of his or her official
duties;
c. A"Professional Conflict of Interest"includes any real or perceived conflict of interest
caused by circumstances such as a Commission member's employment,past or present.
Where the Commission member's employer or professional activity is only tangentially
related to a matter before the Commission,recusal need not occur if the Commission
member can reasonably conclude that the connection is or was remote and
inconsequential.
d. If a Commission member is required to refrain from deliberation or participation by their
employer because of a real or perceived conflict of interest, then the Commission
member will be allowed to recuse or withdraw from that deliberation.
2. Conflict of Interest Procedure: Every Commission member who has a conflict of interest
shall publicly disclose the conflict at the next Commission meeting after the Commission
member discovers the conflict. If a discovery or determination of a conflict is made during a
Commission meeting,the Commission member shall publicly disclose the conflict at that
time. The nature and extent of such conflict of interest shall be fully disclosed, and a
summary of the same shall be incorporated into the official minutes of the Commission
proceedings.
If a Commission member feels that they cannot be unbiased because of any conflict of interest,
the Commission member shall recuse themselves from further proceedings on the issue. Such
Commission member shall make a public statement disclosing the reasons why the Commission
member believes they are disqualified, and state they are recusing themselves from the issue. The
disqualified Commission member will then leave the Council Chambers until such time as the
issue at hand has been disposed of in the regular course of business. If there are other matters on
the agenda, then the disqualified Commission member must return to the Council Chambers to
participate in the other matters as soon as the Commission ends discussion of the matter in which
the disqualified Commission member has a conflict of interest.
D. Other Prohibited Acts. Commission members are prohibited from:
1. Acting in a manner which would result in neglect of duty,misfeasance or malfeasance in
office.
2. Acting in a manner that intentionally disrupts Commission meetings.
3. Using their position to secure special privileges or exemptions for themselves or others.
4. Directly or indirectly receiving, accepting, taking, seeking, or soliciting anything of economic
value regardless of the amount, as a gift, gratuity, or favor.
5. Engaging in or accepting private employment or rendering services for any person or
engaging in any business or professional activity when such employment, service or activity
Page 7 of 8
is incompatible with the proper and faithful discharge of their official duties as a Commission
member, or when it would require or induce the Commission member to disclose confidential
information acquired by reason of such official position.
6. Disclosing confidential information gained by reason of their membership on the
Commission or using such information for their personal gain or benefit.
7. Engaging in any meeting that violates the Open Public Meetings Act(OPMA). The OPMA
strictly forbids any meeting of a quorum of the Commission during which any City business
is discussed. The OPMA provides that Commissioners may:
a. meet informally in less than a quorum and discuss City business, and
b. meet in a quorum if City business is not discussed.
However, Commissioners are encouraged to be mindful that such meetings risk creating the
appearance of a violation of the OPMA and such meetings should be avoided.
16. Appearance of Fairness
A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness
Doctrine, chapter 42.36 RCW.
B. During the pendency of any quasi-judicial proceeding,no Commission member may engage in ex
parte communications with proponents or opponents about any proposal involved in the pending
proceeding,unless::
1. The Commission member places on the record the substance of such oral or written
communications; and
2. The Commission member provides a public announcement of the content of the
communication and of the parties' right to rebut the substance of the communication at each
hearing where action is taken or considered on the subject. This does not prohibit
correspondence between a citizen and Commission members if the correspondence is made
part of the record,when it pertains to the subject matter of a quasi-judicial proceeding.
(RCW 42.36.060)
17. Review of These Rules of Procedure
The Commission shall review these rules of procedure on the first anniversary of their adoption and every
three years thereafter. Proposed changes upon the recommendation of the City Attorney may be brought
forward as appropriate. Any amendments identified by the Commission or the City Attorney shall be
forwarded to the City Council for review and ratification.
Page 8 of 8
CITY OF SPO NE VALLEY
SPO .,NE COUNTY, WASHINGTON
e _ e - H ;
A ' SOLUTION OF SPO NE VALLEY, SNE COUNTY,
WASHINGTON,A - - SPO NE VALLEY PLANNING COMMISSION
RULES OF PROCEDURE,AND OTHER M . • , . ;—• ► e.
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11
t:o . ; •: .' .41 day of October, 2012.
CITY OF SPO VALLEY
. a . k• :
ATTEST: A- -rove d as to form:
Christine - ai ri d g e, City Clerk Office of the City Attorney
City of Spokane Valley
Planning Commission Rules of Procedure
Adopted by Planning Commission 02-19-05
Revised by Resolution 10-004,2-09-2010
Revised by Resolution 11-010, 11-29-2011
Revised by Resolution 12-006,40-30-2012
Ile ��
rli iu� .IIID"�esoimuttiai�o tt10� �XXX, DATE
�u
On :Ili, u0 L0'0"1) 2.0 ;. ,. July 26, 2012,DATE,these Rules of Procedure were adopted by the Planning
Commission,pending approval of City Council.
ORGANIZATION AND RULES OF PROCEDURE
1. Name
The"City of Spokane Valley Planning Commission,"hereinafter referred to as the"Commission" is an
advisory body created by the City Council for purposes consistent with i° I� '.II 0 o f.qII to Spokane
Valley Municipal Code(SVMC) 18.10.
2. Location
The Commission offices cc o 11.'ectml.fs are slim 111 wc cccIl : - at the City Hall of the City of Spokane Valley,,
lankfl111 w 0 ;0 0k0a100 lin .0I0 ni,uduk a;;;° ��0 nuns° °nne,.
3. Officers
Unless otherwise required by a vacancy in office, the Commission shall organize every year in
accordance with SVMC (.1 18.10 'u);,M:;'.
Officers of the Commission shall be elected from its membership; the officers shall be
Chair,a1117 Vice Chair, and other appropriate officers that the Commission may choose to
w a _ • ; 'r ,, e . ..... Page 2 of
11
|
|
sion members must have served at least one full calendar year to be eligible to be
elected as an Officer.
The Chair shall preside over the Commission exercise all powers incidental
to the office,retainihowever,the full right as a member of the Commission to propose
nuohoua, mccondrnodous,„ andhuvcavo(erecordedono|| rnuUemofdheCounnniaaino.
�� l}
In the absence of the Chair from any meeting,the Vice-Chair shall perform all the duties
incumbent upon the Chair, and retain the full right as a member of the Commission in the same
manner as the Chair.
4. Secretary of the Commission
The Director of the Community anctEconornicLDevelopment I)ep
his/her designee shall serve as the Secretary to the Commission.
B„L„„„„„„,13. The Secretary shall provide for a recording of all Commission meetings, including public
hearings„„and shall ensure that summary minutes of all public hearings and meetings are prepared,
approved, and filed in the public record.
Ihc8ocretary�l1-AllipA4condoctundrnoorduroUouUofthuCnnnnisxiounenbcraut
each meeting,public hei and study session.
T...."..pon. (.....c.yris(;:::11,:t.112.y a rnajlority.of nnentbers_present?, 111..e absent.rn..entber s.n.a.1.1. bc:', consicterp.d
3. 1.7.1.11.10;hi.ixtttest liar a"(have of a.b..!;einotat shalt hat i.nharriting,. ttindettand.,--delivettext or maithalato the
(
1 n-'* .'v~ - oo.`*w°`i~: . .`,'_� "'�_i"i*~ .y.,::.,--t, .!'....t.,...-!...4.,....:..!.. Page 3oI
null nw oiiic tit nits" 111011iiii011: gIratio. rr;
tailqo rrrti�u
O. IY"d.Vaill I le d'it" q6 Riot a�;' �➢�u °aw°mx by w'5:3'V II :q��aa�� L
Vow" ,u:u`mrr"rrV�wrr q� uVu."� �,� I"�,p"a uQV d �,���
u 1I^cur1 cII 11iva,aut,u (roast "law:it:Ise til alb aur°et, t hit till)sited +tiato ttusit;uiuurrwu ha 1111 eititi,ittis.
���.. tit tut)rot all 4„turrVIInIYIIVVssua.rrgp + IItqe, a"ognnllllpu"rru!�;;;UtlV( rr"+'�;dh u.
hitt cityun. , cuulttar hit 90iii i^ vet tit'
!«, k.5(!115...5'.lln� �� N;�ill,i.V Ia ]C"S,igVrrS41"HIiVV !rra�..� rra �ftl,,,;rru ��rr� /!(.!;u � V�� �„,�aaIIIIIIVVV�'.ropilip0.,,
��uuuuul ,
V � ��u�Iuu rya°� urrnarruul�.�ll �i„��N,Gr r urr r;rrd° u a ,qu �° I�. W Jq uuu �Ilroq ut�u�b����....� fl` ✓ru �nV” qn uu °�°.�1...11:!1!1!,,, at?
C5sr lolii[55( u5I' ;��uurrq� 11011 nit:piaci:tat vs:h l pro Kan uw;cuurrurruunssnmuur°1 (11111 uu .11[IC bSer es
56. Election of Officers
A. Officers shall be elected at the first regular meeting in January of each year, by majority
vote of the membership of the Commission. Terms of office shall run from the first January
meeting until December 31,,, or until a successor has been elected.No Commission member shall
serve more than two full consecutive terms as Chair of the Commission. No Commission
member shall serve as Vice-Chair for more than two full consecutive terms.
1111 ..,........
In the event that the Commission has no sitting Chair at the first regular meeting in January, the
Vice-Chair will preside over the Commission until officers are elected. If at the first regular
meeting in January, both the Chair and Vice-Chair are no longer Commission members,the
Secretary will preside over the meeting until Officers are elected.
a any office will��Vrrurr V;V.be filled by a special
t .... vacancy in either,i� ua�rr d ul�; d u�rruurrrrrr' �� ud�°�� rr, uuu....
election,to be held at a convenient time with a majority present. In the event that the office of
Chair is vacated,the "1�u,'vice-cc,,,"hair shall serve in that capacity until the required special election is
held. Any member of the Commission who has served for at least one full calendar year, is
eligible to fill the vacancy. However,niliSo member can hold two office positions concurrently.
76. R,01111es01il1104a^;s
[be s" CM°uOuurrrr^/ Sara]11 scrva, 'fir,()HI c Ha slit �urrulra�,u�uurrrru�rra� +:,rr � uII,,
Qt. u�; �.� in... I , +. Il�urruu abuu�,ulluu ro rourn
Except when they conflict withtheseRulesofProcedure, �io�� rrn ,,, Iwplay...aw�' )rite t a,iu.u� aa��err°u;uNiue,
I,+rruu�juu�.°� a.a�`..��U� �u.uu�,➢��^, urrll�r,I�urr�l-,� u,�"��c t"�,rruunuuuu��;ua.uuu. �.,i,'��,�,u�I�� rr�r�u�rru ��uI �°u�uul(,�ul�°� ma�ull�u IIVu�,�ma.�r..11+'au��,a°�..�
nitaitialt unit
711 Quorum
A quorum shall consist of four or more members urrua tairr°uty of the Commission and no action can be taken
in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be
present for all meetings.
897. Voting
A. The affirmative vote of a majority of those present shall be necessary for the adoption of
any motion or other general matter.
1I B. For the conduct of business dealing with matters which require Baa,adoption or changes to
the City's Comprehensive Plan,or for the election of officers, at least four affirmative votes must
be cast. Each member of the Commission is entitled to one vote. No proxy shall be allowed.
w ��. � �a _ • . ; 'r ,, e . ..... Page4of
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1
cuilipplis i,puu upu1;1uti 11 1,,u°ppuuti l pli la:uau1tigiI,iui::myili5 s litual 5iftula r;ii& ilitcuu vii!.i11. II 1" umu,,y
r mu uuu r' 1 u., ,u uuifl,i o�i�.uu.p„
� ,i.niuuuuu �,u��uu ulruu�,u�lu ua',u° a°��;au.uu a,� dl;i �,r��d��°fu,�w d.,, _, " ulucmu° j�„If��lu° � Mull 1.���� ��°i�.�u�uui�.°�.a,
unless s the, iw,il„VmlYllmmllissidg0p lCnefr l"em "has ueciti d',d thei um mu°;a�Jes due to V acuuu,-ul u'ir perceived,Nlt pi.!i m artuie o
..°oa lug."u...'!.VI mmuicP..'
�Iw,ip ypV,mi, m " mi "^aw,mo liruio+...1,Uq mdtim”l;,'i7i tipw 3'Qii^ tp,i
rmtimY 2,;ipmulu,,41imV,u mai mmfA
1 row m:u u u u Ligii,::.
II, Pio member tray piiirtip1 i"dV,c or vow,cwtp a nitatter unless the Vnemmllb°m pas 'been. mm'm uii.em'mm allli I", 91all
uuabliiii lueariuuiis reuarding iuor°.hu uuuan.ulieri or h aii li nt rniipl to the recording ortheopublic hearuuuv and.
.
u•�w"T�u>ud �"w°d'.d l`, ui°� 4B'u q�;uuu"um a"U�.i,Iau•u i"�t�,u�". I�ull�VI�,IId`I� uuq d;l uVtl".�;uupu;.m....
1111 i,li;iition.of _1u fiti a s. Each mllu� �m , u;u �up4....I u� �u ', must receive a.r� u� ;1um
IGu, Of.11.111..(,°:.
i 0nuuuuuuu,51.9n: uuLNdg: u.c a 12u glgdSgd Q ILh pX;uuuDuu. !y:!12i.iuuy,P:P l_g. 11AI.uu 2y 1141N1 1 41 c4.,,,
' 66. X11 66• �� '
l
9128. Meetings
,,,,,,,,,,,,,,,,,,,,A. There shall be at least one regular meeting each month with additional meetings
scheduled as necessari4uyr. Regular meetings shall be
y,, � ����.�°11�i: sur Burn h,��mu�°�° c �u � uu,��;�uu^u ~uus„
scheduled on the 2Z11'1nd and 4t"Thursdays of the month, commencing at 6:00 p.m. and ending not
later than 9:00 p.m. Meeting ending time anut3re-an be extended by a majority vote of the
Commission. Meetings may be used for general planning matters, study sessions or public
hearings as described below.
Meetings on General Planning Matters. General planning matters to be reviewed
by the Commission will typically be preceded by a study session of the Commission to
discuss the issues with Community gilt Economic Public Works Development
Departmentcilly staff. Generally,no testimony from the public shall be taken at a study
session.
2. Public Hearing Meeting. A public hearing is a meeting tg....prgyitlg,errniting
I,2llklur° sduu, a 121.IQu;;111oruily Il;das.ou ilcuuu ruu".i; y tcJs uuullQulypuu _im212c�.� t,1 iucllur,uuu roan ulcpti1
wherein general business and public hearing items, such as the Comprehensive Plan ..i:t:
••; development regulations arc discussed and decided. lug.° cou,uuuuuu.,m,uguu uuuy Ali lihouudP.
uuliiiuu digjt uuu a.mocsllal,u 1 yr°ul`i iluiL aur arixi cr+luutingJiuud,bi etJiclucilplcjuu g.c,A uuul a p,,
3. Scheduled meetings may be canceled or convened at other times if deemed
necessary by the Chair or,in the absence of the Chair,by the Vice-Chair.Notice of
cancellation shall be given personally to Commission members, and to the public by
posting a notice at City Hall .uuu i;;autCity's's welt^;,ite.
4.,,,,,,,,,,,,,,,,,,,,,4:-The recommended order of business for meetings is:
a. Call to order by Chair.
b. Pledge of Allegiance.
c. Roll call by Secretary.
d. Approval of Agenda.
w a _ • a ; 'r ,, e . ..... Page 5 of
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e. Approval of minutes.
L Commission member reports.
g. Administrative reports.
f h Public comment.
i. Commission business.
H. For the good of the order.
q. Adjournment.
1
II B. Commission meetings shall be held pursuant it join accordance with the requirements of the
Open Public Meetings gs Act RCW hater p 42.30114110.: .
Cu�-
Special meetings and study sessions may be called:
1. By the request of the Chair, or,in the Chair's absence,by the Vice Chair.
Iw By
,ttlie written flu a.,( u i SI request to the Chair, or in the Chair's absence,to the Vice-
Chair, )1 u iry three000ajlf, ap
members of the Commission, au-( a it y
=-omotion of the Commission.
. uua°u° or aaa spu^ia)i mar uua,� shall be pp°ovuded uus aequaaf'1punderplay,uu.aaaoRCW °.purapu.uu
ltII�a UH hiding paha uu�uuuncp u"uuqpuua 'fngaLa.,( hum', bah uu.fuuuam' ra[..
r t, a u.g a �.aca
,au�;pu oar p�aa> ^�pai�;d uVu� �p p aqua. uu
9101. -Conduct of Hearings
A. Actions for a Commission Public Hearing.
I. Prior to the start of the public hearing, the Chair may require that all persons wishing to
...................
be heard sign in with the Secretary, giving their name,-s and addresser, a it e +a;�f a L' u d tta gu:,the
agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any
person who fails to sign in shall wait to speak until all those who have signed in have had an
opportunity to speak: ad,°uu Hr a all, it due hie vi qua , .,Ila u q v pN than n ua une 11.no) a ray of
a d
dendc c. At any public hearing,persons who have signed in and wish to be heard shall be
• : .- - --: . The Chair, subject to concurrence by the majority of the
Commission,may establish time limits and otherwise control presentations. 'ua: °h h u u u opal, u,gaua q
uuaf,vauua��;;cI I ammo a to q.��,guuuuuuuuq u.pua Vai uuuua u, The Chair may change the
q.adw aw ;�Il,;aq.uqu�,qua��pq And ',tura
order of speakers so that testimony is heard in the most logical groupings, (i.e.,proponents,
opponents, adjacent owners,vested interests, etc.).
B—The Chair shall introduce each agenda item, open each public hearing, and announce the
following Rules of Order:
a. 1. All publ1H comments by proponents, opponents, or the public shall be made from
the speaker's fest-pump;daquuuauu ,:�uua+Up, �,q�aa�gq qad° ��:iaaa a �d�d dna ripua�����:a'rwuuauuu_i
A
,,,an on anda�� ny
individual making comments shall firstgive hislheri iv name and tit
oar A qd a . o;;;iaddress. This is required because an official recorded transcript of the public
hearing is being made.
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2. It is not necessary to be a proponent or opponent in order to speak. III q�d;v ron cv Ilvv
Alh iu (1hift uuii `,11DJugn,
1111 ....If you consider yourself neither a proponent nor opponent,please speak during the
nnw
proponent portion anduuu+ a+.' ud� ti;identify yourself as neither a proponent nor
ro � � urVd u,,,,unar
an opponent.
No comments shall be made from any other location, and anyone making"out of
order" comments shall esu subject to removal om the meeting ds (d( LIN
.
We ask that there be no demonstrations, applause or other audience participation
during or at the conclusion of anyone's presentation. It is distracting to the Commission
and tutu dd,1 ,a^, "uddut[u speakersaa u�,��duu aaluab...u; testa tvuuua.:persons testifying.
a. 5. Please limit your testimony to du-cc tttuueuuileg da t(uu ndnu
� �uuuniruuu di,�unuu� u�mmu s ilia dIllk.naa' uua C tend duq
rneithr
ee minutes[the time p,eriod„,
established for testimony].
6. These rules are intended to promote an orderly system of holding a public
hearing and to give persons,uaal hail, wain to aanet l an opportunity to be heard.
C. When the Commission conducts a hearing to which the Appearance of
Fairness Doctrine applies, OK' -- • '- -• :; •- - : -- •- '
violation by that individual,the Vice Chair)will ask if any Commission member knows of any
Fairness Doctrine. The form of the announcement shall be as follows:
II W. Commission members should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect financial interest in the outcome of the proceeding;
3. A prejudgment of the issue prior to hearing the facts on the record, or
4. Had ex parte contact with any individual, excluding staff,with regard to an issue prior to the
hearing. Please refer to Section 14 (B) for more specific information on how to proceed
where there has been an ex parte communication.
If any Commission member should up , 11110,111 nano 101-PHI shrgiVn '444h 110 1111Whp. dVu r
answer in the affirmative,then the Commission members should
state the reason for his/her
toas pera violation of the Appearance of Fairness Doctrine exists. usuald "vuda ta aua.°aaataa„.0 aal taln
IrroAll Prprior�� inn
nwn^ud �� u�n:.. n ° �iu d,il ��u
°�a�, � endon i �� msi,
SWUM q+x
iVt, 'aahhdtaRn011 L^au° n �� i�r�° uL haVu-qiu1uu1hn11 ,a PC rwqmnu
�u �a ^w ud��ailu�uuu�u �„autimo �, VuL.
quurruuu,,ma dnuucwu a� �R�uai�i leee^ah diu,wuuu C111wdwh.
`•
ilk - - a. : - - • R IL .A oVndull,,dIIIIVd° d�nVil"ubIlw-..III11,c "fin r
d w The Chair will announce the matter and open the public hearing, stating the date and time.
13,-2,The Chair will allow staff to describe the matter under consideration and place di uu°...0 �uon�° odd
uny-doN, uittunN°ergs matters indo the public record.
The Chair will inquire as to whether Commission members have any questions of staff If any
Commission member has questions,the appropriate individual will be recalled.
.The Chair will allow proponents, opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commission members to ask questions of any
person at the conclusion of their testimony.
w ��. �a _ • a ; 'r ,, e . ..... Page7of
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At the conclusion of the public testimony, the Chair amma will ask staff if there is any
additional information,testimony or evidence to submit for the record.
f•ae. The Chair will then either close or continue the public hearing 0 at a.d rail a a, it V aa, a an m aaw° tl 11,01q
m a 1"a.Vll a - Additional testimony may not be requested or considered after the closing of the
public hearing,however,the Chair may declare that the public hearing will remain open-until
a date certain for the purpose of receiving written testimony or materials.
The Chair will inquire if there is a motion by any Commission member. If a motion is made,
it shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent
"approval by default" of a failed negative motion. Following the motion and its second,
discussion will occur among Commission members.
.The Chair will inquire if there is any further discussion by the Commission members.
1, The Chair will inquire if there are any final comments or recommendations from staff.
}AO, The Chair will inquire of the Commission members if they are ready for the question.
lei 1 The Chair will call for the vote on the motion .00a00001,...11 0 appa.m 00, ng tillr° ama
/. D—Pre-filing of testimony or evidence is encouraged and may be delivered to the
Community and Economic DevelopmentPublic Works Department or to the Commission
Secretary in advance of a hearing.
1170. Agenda, Staff Reports and Minutes for Regular Meetings.
A. Typically, a copy ofthe agenda for every regular meeting ofthe Commission >�u ➢ be sent
to each member up to seven days prior to the date of the meeting.
B. If available, s': taff reports will be sent to Commission members with the agenda. Agendas and
staff reports will be made available to applicants and the public at the same time.
1123. Minutes and Communications with the City Council.
Minutes of all meetings shall be kept,, and the complete files of proceedings and actions taken in
connection therewith shall be considered the public record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of minutes of the previous meeting.
These minutes shall be considered for approval by the Commission at a regularly scheduled public
meeting and;upon approval, shall become part of the official record of action of the Commission.
Approved;tmaa fl ^mm p;aa.°r minutes shall also be transmitted to the City Clerkfor the City Council.
1234_......... Recording of Meetings
Whenever possible,proceedings of all public hearings,meetings, study sessions and any special meetings
shall e recorded and retained mmi 1100"0a0 010 umu'a00a;mtt1m, mqmu a+ m "a ma b u " mwm fl m
134 . —Statement of Ethics /Code of Conduct
A. Statement of Ethics.
It is hereby recognized and established that high moral and ethical standards of Commission
members are vital and essential to provide unbiased, open, and honest conduct within all phases
and levels of government; that rules of ethics are helpful in guiding Commission members to
eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and
w a _ • ; 'r ,, e . ..... Page 8 of
11
elevate standards of public service so as to promote and strengthen the confidence, faith and trust
of the people of the City of Spokane Valley in their local government.
B. Interests in Contracts Prohibited; Exceptions.
No Commission member shall be beneficially interested, directly or indirectly,in any contract
which may be made by,through, or under the supervision or direction of any v" �3, I'Spokane
Valley"-employee, in whole or in substantial part, or which may be made for the benefit of his
or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection
with such contract from any person beneficially interested therein. The foregoing shall not apply
to the exceptions specified in RCW 42.23.030,which are incorporated herein as if fully set forth.
C, C. Conflicts of Interest
...................
I. 1. A Conflict of Interest includes:
...................
m a. Engaging in a transaction or activity which impairs, or would to a reasonable
person appear to impair,the Commission member's independence of judgment or action
in the performance of their official duties;
b. A Commission member having a financial or other private or personal interest in
any matter upon which the member is required to act in the discharge of his or her official
duties;
A"Professional Conflict of Interest"includes any real or perceived conflict of
interest caused by circumstances such as a Commission member's employment,past or
present. Where the Commission member's employer or professional activity is only
tangentially related to a matter before the Commission,recusal need not occur if the
Commission member can reasonably conclude that the connection is;or was remote and
inconsequential.
41. If a Commission member is required to refrain from deliberation or participation by
...................
his/her g
heir employer because of a real or perceived conflict of interest, then the
Commission member will be allowed to recuse or withdraw from that deliberation.
2 Conflict of Interest Procedure: Every Commission member who has a conflict of interest
shall publicly disclose the conflict at the next Commission meeting after the Commission
member discovers the conflict. If a discovery or determination of a conflict is made during a
Commission meeting,the Commission member shall publicly disclose the conflict at that
time. The nature and extent of such conflict of interest shall be fully disclosed, and a
summary of the same shall be incorporated into the official minutes of the Commission
proceedings.
If a Commission member feels that they cannot be unbiased because of any conflict of interest,
the Commission member shall recuse themselves from further proceedings on the issue. Such
Commission member shall make a public statement disclosing the reasons why the Commission
member believes they are disqualified, and state they are recusing themselves from the issue. The
disqualified Commission member will then leave the Council Chambers until such time as the
issue at hand has been disposed of in the regular course of business. If there are other matters on
the agenda,then the disqualified Commission member must return to the Council Chambers to
participate in the other matters as soon as the Commission ends discussion of the matter in which
the disqualified Commission member has a conflict of interest.
la D. Other Prohibited Acts. Commission members are prohibited from:
I 1. Acting in a manner which would result in neglect of duty,misfeasance or malfeasance in
office.
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11
2. Acting in a manner that intentionally disrupts Commission meetings.
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. . . . . .. . . . e . � .. ., . . .. app.
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4—Using his or her V uv.it position to secure special privileges or exemptions for himself,
herself, 111N°ani se or others.
--Directly or indirectly receiving, accepting,taking, seeking, or soliciting anything of
economic value regardless of the amount, as a gift, gratuity, or favor.
�. 6. Engaging in or accepting private employment or rendering services for any person or
engaging in any business or professional activity when such employment, service or activity
is incompatible with the proper and faithful discharge of his/here V vi vv vv official duties as a
Commission member, or when it would require or induce the Commission member to
disclose confidential information acquired by reason of such official position.
ivy.........7. Disclosing confidential information gained by reason of his or her heillIwt membership on
the Commission or using such information for his or her Ikea°personal gain or benefit.
--Engaging in any meeting that violates the Open Public Meetings Act(OPMA). The
OPMA strictly forbids any meeting of a quorum of the Commission during which any City
business is discussed. The OPMA provides that Commissioners may:
vvi a. meet informally in less than a quorum and discuss City business, and
Iib. meet in a quorum if City business is not discussed.
However, Commissioners are encouraged to be mindful that such meetings risk creating the
appearance of a violation of the OPMA and such meetings should be avoided.
145 . Appearance of Fairness
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jA. The Commission shall adhere to the applicable requirements of the Appearance of
Fairness Doctrine, RCW Ci thapter 42.36 V0'0" °W.
B100, B. During the pendency of any quasi-judicial proceeding,no Commission member may
engage in ex parte communications with proponents or opponents about attrv,r proposal involved in
the pending proceeding, unless the Commission member.:
1 ....
1. II ln o t° u< < a tu u uoft'net places on the record the substance of such oral or written
communications; and
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II �� 1 0m n 1 0 0 u11m�2u� provider d a public announcement of the content of the
° �� ;
communication and of the parties' right to rebut the substance of the communication shall be
made at each hearing where action is taken or considered on the subject. This does not
prohibit correspondence between a citizen and Commission members if the correspondence is
made part of the record,when it pertains to the subject matter of a quasi-judicial proceeding.
(RCW 42.36.060)
1567. Review of These Rules of Procedure
The Commission shall review these rules of procedure on the first anniversary of their adoption and the
v °y odd numbereddnv ce years thereafter. Proposed changes upon the recommendation of the City
Attorney may be brought forward as appropriate. Any amendments identified by the Commission or the
City Attorney shall be forwarded to the City Council for review and ratification.
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