25-091.00SpokaneCounservationDistrictTrafficMitigationMOU MEMORANDUM OF UNDERSTANDING
SPOKANE CONSERVATION DISTRICT SCALE HOUSE
TRAFFIC MITIGATION
SPOKANE CONSERVATION DISTRICT
This Memorandum of Understanding("MOU")is entered into between the Spokane Conservation District,
its successors and assigns("Developer"),a governmental subdivision of the State of Washington organized
pursuant to chapter 89.08 RCW,having offices at 4422 E.8tb Ave. Spokane valley,WA 99212 and the City
of Spokane Valley("City"),a municipal corporation of the State of Washington,hereinafter jointly referred
to as"Parties":
WHEREAS, Developer is the owner/developer of certain real property generally located within an area
south and adjacent to 8th Avenue and east of Havana Road in the City of Spokane Valley,at tax parcel no.
35233.0102,(herein collectively referred to as the"Property");and
WHEREAS,the Property covers a total of 52.43 acres of land;and
WHEREAS,the Developer received approval of permits EGR 2024-0053 and BLD-2024-1959, identified
as the Spokane Conservation District (SCD) Scale House (herein collectively referred to as the
"Development"),which will increase traffic and directly impact existing transportation infrastructure at 8th
Ave. /Carnahan Rd. (the"Intersection") located within the City;and
WHEREAS, the Intersection was found to be operating deficiently as the result of prior development as
documented in the Traffic Impact Analysis for the Preliminary Plat of Glenrose and the Preliminary Plat of
Glenrose 1st Addition, a residential development, dated March 29,2022. The Glenrose development was
conditioned on providing mitigation for cost-per-trip analysis as part of the Mitigated Determination of
Nonsignificance for the preliminary plats dated May 24,2022.An analysis identified through mitigation of
the Glenrose development is currently underway to determine the scope of the improvements and finalize
a cost-per-trip of those improvements(the"Study");and
WHEREAS,the City has identified the 8th Ave. /Carnahan Rd.Intersection Improvement Project in its Six
Year Transportation Improvement Plan (the "Project") as a strategy and improvement necessary to
accommodate the impacts of this Development on the Intersection, and, as part of that strategy and
improvement,has funded a study to determine the full costs of the Project;and
WHEREAS,the Parties recognize that mitigation is reasonably necessary as a direct result of the proposed
Development. As identified in the prior Traffic Impact Analysis, the intersection is expected to reach a
failing level of service by 2026 without the Development. The Development adds 19 trips during the PM
peak hour, which signifies that the Development contributes volumes and further deteriorates a failing
intersection; and
WHEREAS, the City issued a Certificate of Transportation Concurrency on November 21, 2024
(hereinafter "Certificate of Concurrency"), which described the mitigation associated with the project as
$19,400.90 based on a$1,021.10 per trip cost, to be contributed to the Project; and
WHEREAS,pursuant to RCW 82.02.020,the City has the authority to allow a payment to mitigate a direct
impact that has been identified as a consequence of a proposed development.
WHEREAS, the Parties (1) have identified transportation improvements necessitated by the planned
Development of the Property; and(2)have identified a reasonable relationship between impacts generated
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by the Development of the Property to the transportation system and the Developer's proportional financial
contribution toward those impacts;and
WHEREAS,to mitigate the direct impacts of the development of the Property upon transportation facilities
the Parties are voluntarily entering into this MOU pursuant to RCW 82.02.020;and
WHEREAS,the Parties intend to enter into this MOU which recognizes the Development's proportionate
share of improvements deemed necessary at the Intersection, which are a direct result of traffic impacts
associated with the Development;and
WHEREAS, the Development, as part of the mission of the Spokane Conservation District, will provide
nutrition education,events,activities,and cultural experiences with an estimated 249,000 visitors annually,
as well as facilitating an estimated$320,000 in annual food assistance transactions,ensuring access to fresh,
healthy food for the poor and infirm who qualify for such assistance;and
REpursuant toRCW5 2 " i tshall be in thepublicpurpose for all cities to engage in
WHEREAS, 3 1.703 [ ]
economic development programs[,]"and"cities may contract with nonprofit corporations in furtherance of
this and other acts relating to economic development";and
WHEREAS, pursuant to the Article VIII, Section 7 of the Washington State Constitution, the City may
provide funds for the support of the poor and infirm; and
WHEREAS,the Developer is a Conservation District and governmental subdivision of this state,organized
pursuant to chapter 89.08 RCW; and
WHEREAS,pursuant to RCW 89.08.341,the City is authorized to contribute funds to and collaborate with
Conservation Districts in planning,constructing,financing,or operating any work or activity wherever such
arrangement promotes administrative efficiency or economy;and
WHEREAS, City Council recently passed Ordinance 24-007 related to changing the Property and others
surrounding it from the Multi-Family Residential(MFR)designation to the Mixed Use(MU) designation;
and
WHEREAS, the City Council found that the re-designation and rezone from MFR to MU pursuant to the
Comprehensive Plan Amendment adopted pursuant to Ordinance 24-007 would accommodate the future
plans of the Spokane Conservation District, namely community and cultural facilities to include the SCD
Scale House and other public facing facilities;and
WHEREAS, the City Council found that supporting the Spokane Conservation District's efforts through
the Comprehensive Plan Amendment supported the following goals and policies of the Comprehensive
Plan:
ED-P6: Promote the development or redevelopment of vacant and
underutilized properties,particularly those with potential
to serve as a catalyst for economic development.
ED-P12: Leverage community assets(e.g. trails,natural amenities,
and facilities)to grow the local economy.
LU-Gl: Maintain and enhance the character and quality of life in
Spokane Valley.
LU-G2: Provide for land uses that are essential to Spokane Valley
residents, employees,and visitors.
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LU-P 1: Enable neighborhood-scale commercial uses in
residential areas.
LU-P5: Ensure compatibility between adjacent residential and
commercial or industrial uses.
LU-P6: Support neighborhood efforts to sustainably cultivate
produce.
LU-P7: Protect residential neighborhoods from incompatible land
uses and adverse impacts associated with transportation
corridors.
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,
the Developer and the City hereto agree as follows:
1.Voluntary Agreement. This Agreement,including all recitals above and attached documents which are
incorporated herein by this reference,involve a voluntary agreement pursuant to RCW 82.02.020. Pursuant
to RCW 89.08.341, the Certificate of Concurrency,the public benefits from the Development recognized
by the recitals above and City Council's findings in support of the Comprehensive Plan Amendment related
to the subject Property in Ordinance 24-007, the City agrees to assume responsibility for the mitigation of
$19,400.90 as more fully described by section 3 herein. The City and the Developer recognize the
mitigation is proportional to and reasonably necessary to mitigate the traffic impacts created by the
Development and that the Project,along with the Study therefore,is a strategy and improvement necessary
to accommodate the impacts of this Development on the Intersection.
2.Projects.The Parties agree that the mitigation funds shall be expended on the 8th Ave./Carnahan Road
Intersection Improvement project,including but not limited to the survey,design,right-of-way acquisition,
and/or construction of the Project as deemed appropriate by the City of Spokane Valley.
3. Mitigation Contribution. The Developer and City recognize the following:
Spokane Valley has determined that the Development will contribute 19 PM peak hour trips to the
Intersection as provided in the Trip Generation and Distribution Letter for the Development, dated
September 26,2024. See Exhibit A. The City and Developer agree that the impacts from the Development
contribute to the need for improvements at the Intersection. The need for improvements is in part due to
traffic generated by the Development. The cost of the mitigation is based on an estimated mitigation fee of
$1,021.10 per trip based on the Study to determine the expected capacity increase and construction costs of
the Project. The total mitigation to be set aside by the City pursuant to this Agreement shall be$19,400.90.
The City is assuming this mitigation fee in consideration for the economic, social, and cultural benefits to
the City and the community at large as described in the recitals above, including but not limited to the
Developer making available quality,local food assistance to the poor and infirm,in addition to the authority
granted both the City and the Developer pursuant to RCW 89.08.341. As part of this Agreement pursuant
to RCW 89.08.341,should the Developer cease utilizing the Scale House for the public benefit purposes
described herein within five years of the execution of this Agreement,the Developer shall be considered in
default and the City shall be entitled to reimbursement for the mitigation fee of$19,400.90 within 90 days
of written notice being sent to the Developer.
4. Compliance with RCW 82.02.020. The amount set aside by the City shall be held in a mitigation fee
reserve account and may only be expended towards the survey, design, right-of-way acquisition, and
construction of the Project identified in this Agreement. The mitigation fee payment shall be expended by
the City within five years of the City setting the funds aside.
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5. Notice. All communications, notices or demands of any kind which a party under this Agreement is
required or desires to give to any other party shall be in writing and be either:
(a)Delivered personally;
(b)Sent by facsimile transmission with an additional copy mailed first class; or
(c)Deposited in the U.S.mail,certified mail postage prepaid,return receipt requested and
addressed as follows:
If to the City: City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley,WA 99206
Fax: (509) 720-5075
Attn: City Manager
If to the Developer: Spokane Conservation District
4422 E. 8th Avenue
Spokane Valley,WA 99212
Attn: Director
6.Successors.This Agreement shall be binding on and inure to the benefit of the successors and the assigns
of the Parties.
7. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Washington.Venue shall be in Spokane County,State of Washington.All disputes arising under or related
to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved
by litigation filed in the Superior Court for Spokane County,unless otherwise required by applicable federal
or state law.
8.Modifications.No modification or amendment of this Agreement shall be valid until the same is reduced
to writing and executed with the same formalities as the present Agreement. However, the Parties
specifically agree that the final Study shall be incorporated into this Agreement as Exhibit B without need
for any further modification or amendment of the Agreement.
9. Waiver.No officer,employee, agent or otherwise of the City has the power,right or authority to waive
any of the conditions or provisions to this Agreement.No waiver or any breach of this Agreement shall be
held to be a waiver of any other or subsequent breach.
10. Representation. This Agreement forms a fully integrated agreement between the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the Parties hereto. All Parties have read and understand all of the Agreement, and now
state that no representation,promise or agreement not expressed in the Agreement has been made to induce
any Party to execute the same.
11.Authority.Both Parties to this Agreement represent and certify that they have full authority and power
to enter into and carry out this Agreement. The persons signing this Agreement represent that they have
authority to act for and bind their respective principals.
Signatures on following page.
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Executed this 29th day of April, 2025.
DEVELOPER:
By: Its: Director
Name: Vicki Carter
CITY OF SPOKANE VALLEY:
John ohman,City Manager
ATTEST: APPROVED AS TO FORM:
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Marci Patterson, City Clerk of the City Attorney
STATE OF WASHINGTON )
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County of Spokane )
On this_day of Okay ( 2025 before me, the undersigned2 a Notary Public in and
for the State of Washington,duly commissioned and sworn,personally appeared a k1 hwvt n
to me known to be the L +y YQAR5er of CI t y of of<tiAe Vitl(ey
,the governmental subdivision that executed the foregoing instrument,and acknowledged the
instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein
mentioned,and on oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
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I
SiöI " ' Public Works Department
'Alley 10210 E Sprague Avenue ♦ Spokane Valley WA 99206
Phone: (509)720-5000 • Fax: (509)720-5075 • www.spokanevalleywa.gov
Traffic Engineering
Certificate of Transportation Concurrency — Commercial
BLD-2024-1959
Project Name: SCD Scalehouse File Number: EGR-2024-0053
Application Date: 6/6/2024 SEPA Number: N/A
Parcel Number(s): 35233.9192
Project Address: 4420 E 8th Ave, Building B
Specific Land-Use: 85 Land Use Mining
Description:
ITE 858: Farmers Market (0.42 AC)
(Land Use Code):
Number of Adjacent
Roadway Network 38 Net new trips Analysis TGDL, Dated 11/12/2024
PM Peak Trips Performed:
Reserved:
City Intersections Carnahan Infill Area; 8th Ave/Havana St, 8th Ave/Carnahan Rd
Affected
Expiration Date: 3 years from issuance of first Building Permit or for a period of 6 years from
issuance of concurrency, whichever occurs earlier.
The intersection of 8th Avenue and Carnahan Road was found to be operating
deficiently as the result of prior development. An analysis is currently
underway to determine the scope of the improvements. This project will
contribute 19 PM peak hour trips to the intersection at 8th Avenue & Carnahan
Road as provided in the Tip Generation and Distribution Letter(TGDL)for the
project, dated September 26, 2024. A mitigation fee of$1,021.10 per trip is
estimated based on expected capacity increase and construction costs. The
mitigation associated with this project is not to exceed $19,400.90 to be
Mitigation applied toward the improvements at the intersection. The City has determined
Measures: that the City will assume responsibility for the mitigation costs because of the
benefits provided by the Conservation District's project to the City which
include but are not limited to the economic development benefits, and support
from the project provided through food assistance to the poor. As authorized
by and pursuant to RCW 89.08.341, the City and Conservation District shall
memorialize such arrangement recognizing the mitigation outlined herein prior
to the issuance of the Certificate of Occupancy. This project is in the
Carnahan SEPA Infill Area. The 38 PM peak hour trips generated by this
project will be deducted from the total allocated trips.
The Spokane Valley Community and Public Works Department has reviewed the development described
above and has determined that sufficient roadway capacity exists, or is programmed to exist with future
road improvements on the City street system to accommodate the uses and densities shown.
(continued on next page)
Version 4(01.23.2020)
This Certificate of Transportation Concurrency reserves the number of PM peak hour trips indicated
above and is issued only for the development as described above. Additionally, reservation of these trips
is contingent upon the mitigation identified above. The trip reservation shall run with the land and is not
transferable to other development projects or properties.
The Certificate of Transportation Concurrency is valid upon approval through the expiration date
indicated. The owner or owner's authorized agent shall apply to renew/extend the Certificate of
Transportation Concurrency prior to the expiration date. The City of Spokane Valley will not notify a
property owner/agent of an expired or impending certificate expiration.
Approval: 12:/21'2024
Tr is Engine ing Manager or Designee Date
Copies to: CSV Planning Department, CSV Project Files, Project Applicant, Project Traffic Engineer
Version 4(01.23.2020)