HomeMy WebLinkAbout25-170.00RosedaleDevelopmentCompanyIncGlenrosePreliminaryPlatVOLUNTARY MITIGATION AGREEMENT FOR GLENROSE PRELIMINARY PLATS
TRAFFIC MITIGATION
Rosedale Development Company, Inc, c/o George J. Paras
This Voluntary Mitigation Agreement ("Agreement") is entered into between Rosedale Development
Company, Inc., c/o George J. Paras, its successors and assigns ("Developer"), a Washington corporation,
having offices at 603 N Havana Street Spokane, WA 99202 , and the City of Spokane Valley ("City"), a
municipal corporation of the State of Washington, hereinafter jointly referred to as "Parties":
RECITALS
1. This Agreement is entered into by the Parties pursuant to RCW 82.02.020, to provide a financial
contribution toward the 8`h Ave. / Carnahan Rd. Intersection Improvement project that mitigates increased
traffic volumes generated by the development as proposed in the Developer's preliminary plats, PS-2103-
21 and PS-2106-22.
2. Developer is the owner/developer of certain real property generally located within an area located west
and adjacent to Glenrose Road and south of 31" Avenue and north of 371 Avenue in unincorporated
Spokane County (herein collectively referred to as "Property").
3. The Property covers a total of 32.01 acres of land.
4. The Developer has requested approval of the preliminary plats identified as the Preliminary Plat of
Glenrose and the Preliminary Plat of Glenrose I" Addition, a residential development (herein collectively
referred to as the "Development"), which will increase traffic congestion and directly impact existing
transportation infrastructure at the intersection identified located within the City. Voluntary mitigation of
these impacts has been requested by the Developer as part of the approval process for the preliminary plat
pursuant to the traffic analysis review. As part of this request, the following condition of approval was
included in the Mitigated Determination of Nonsignificance for the preliminary plats:
CITY OF SPOKANE VALLEY:
Spokane Valley has determined that the project will contribute 52 PM peak hour trips to the
intersection at 81h Avenue & Carnahan Road as provided in the Traffic Impact Analysis (TIA)
for the Development, dated March 29, 2022. The City and applicant agree that the impacts
from the Development contribute to and are a cause of necessary improvements at the
intersection. The need for improvements is in part due to traffic generated by the project. As
such, the City and applicant have agreed to a voluntary mitigation fee of $25,000 to be applied
toward the development of a project design and cost estimate at the intersection. The voluntary
mitigation fee is based on labor estimates compiled by the City of Spokane Valley. This
mitigation fee shall be used for analysis, survey, and design.
2. Prior to any final plat, the applicant shall enter into a voluntary mitigation agreement with the
City of Spokane Valley to make the contribution towards improvements at the intersection and
shall pay the City the voluntary mitigation fee of $25,000.
5. The Parties intend to enter into an Agreement which provides for the voluntary payment of a
proportionate share of improvements deemed necessary at the intersection of Carnahan Road at 8" Avenue,
which are a direct result of traffic impacts associated with the Development.
6. The Parties have agreed that the proportionate share of improvements for the Glenrose Preliminary Plats
shall be paid prior to approval of the final plat.
7. The Parties have agreed that the voluntary mitigation payment is reasonably necessary as a direct result
of the proposed development. As identified in the TIA, the intersection is expected to reach a failing level
of service by 2026 without the project. However, the development adds 52 trips during the PM peak hour,
which accounts for 40% of the development's PM peak hour trips and would result in approximately 12
additional seconds of delay, which is a 24% increase. This signifies that the Development contributes
volumes and further deteriorates a failing intersection. The Parties agree that the Developer should only
pay what is reasonably necessary to mitigate its direct impact. Thus, the Parties agree that the Developer
is to fund the initiation of a capital improvement project at the impacted intersection. The payment is
proportional to the direct impact because it limits the development's contribution to the 30% design and
preliminary engineering costs estimated by the City of Spokane Valley. This payment recognizes that the
impact is significant at the intersection, but addresses only the extent of the impact from this specific
development itself.
8. 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. 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 by the development of the Property to the
transportation system and the Developer's financial contribution toward those impacts.
9. To mitigate the direct impacts of the development of the Property upon transportation facilities as
identified in the TIA, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020.
AGREEMENT
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 attached documents, is a voluntary agreement
pursuant to RCW 82.02.020. The Developer's contribution is proportional to and reasonably necessary to
mitigate the traffic impacts created by the Developer's new development. In the event this Agreement is
breached by the Developer, all of the City's obligations under this Agreement shall terminate. In the event
this Agreement is determined by a court to be invalid, the City shall refund the Developer the unexpended
portion of the voluntary mitigation fees, and the City's obligations under this Agreement shall terminate.
2. Pr_ oiects. The Parties agree that the mitigation payment shall be expended on the development of the
design and preliminary engineering for the 8th Ave. / Carnahan Road Intersection Improvement project.
The project shall consist of improvements at the intersection of Carnahan Road at 81 Avenue as deemed
appropriate by the City of Spokane Valley.
3. Mitigation Contribution. The voluntary mitigation fee shall be based upon the costs identified by the
City and agreed upon by the Developer, and includes the labor cost estimates for the preliminary
engineering and design of the project listed in number 2. As such, the Developer agrees to pay $25,000 to
be applied toward to the development of a project design and cost estimate for the project listed in number
2 above.
4. Payment. Payments for Glenrose Preliminary Plats impacts shall be paid within 30 days after receiving
notice from the City, and prior to final plat approval.
5. Compliance with RCW 82.02.020. Payment collected by the City shall be held in a mitigation fee
reserve account and may only be expended towards the design. right-of-way acquisition, and construction
of the projects identified in this Agreement. The City shall be entitled to reimbursement from the mitigation
fee reserve account for any funds it may expend for the design and construction prior to the collection of
the fees. The mitigation fee payment shall be expended by the City within five years from the date of
payment by the Developer. The City shall be entitled to reimbursement from the mitigation fee reserve
account for any funds it may expend for the design or construction prior to the collection of the fee. Any
funds in the mitigation fee reserve account not expended within the five year period identified above shall
be refunded by the City with interest as provided in RCW 82.02.020.
6. 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: Rosedale Development Company, Inc.
c/o George J. Paras, President
603 N Havana Street
Spokane, WA 99202
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns
of the Parties.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
Executed this % day of .54!! c 2025.
DEVELOPER:
o W
BY: Its: —President
Na rge J. Paras
STATE OF WASHINGTON )
ss.
County of Spokane l )
On this _ day of 11 2025 before me, the undersigned, a Notary Pub is in and
for the State of Washington, duly swimissioned and sworn, personally appeared
to me known to be the YQ° dad of
, the corporation 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.
WITNE5G tiiyiFWW d official seal hereto affixed the/a� and ye�e'� this certificate above written.
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SPOKANE ENVIRONMENTAL ORDINANCE
((WAG 197-11-970) Section 11.10.230(3)
fVlitigated Determination of Nonsignificance (MDNS) File No. PS-2103-21
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Description of proposal: Preliminary Plat of Glenrose to divide approximately 25.52 acres into 93 lots for
single family residences in the Low Density Residential (LDR) zone.
Proponent Storhaug Engineering, 510 E. V Ave., Spokane, WA 99202
Location of proposal, including street address: The subject property is generally located west of Glenrose
Rd., south of 291h Ave., and north of 371h Ave, in the NE Y4 of Section 35, Township 25 North, Range 43
EWM, Spokane County, Washington.
The Spokane County Department of Building and Planning has determined this proposalwill not have a probable
significant adverse impact on the environment An Environmental Impact Statement (EIS) is not required under RCW
43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information
on file with the lead agency. This information is available to the public on request
[x j This MDNS is issued under 197-11-340(2); the lead agency will not act on this proposal for
14 days from the date below. Comments and appeals must be submitted by June 7, 2022.
This determination is based upon the following requested mitigation measures:
Mitigating Measures:
City of Spokane:
1. Provide a non -motorized connection to Chase Middle School as requested by the school district
2. Provide a gravel pedestrian pathway within the limits of the project boundary and within the access and utility
easement (AFN 4912863) as was previously granted to the City of Spokane. This pathway would be gravel
surfaced, at a minimum. It would be similar to as constructed within the Trickle Creek subdivision located south of
the Glenrose proposal. The width of this gravel pathway would be 10' to 12'. As adjacent parcels develop the
pathway may be connected to those plats and could be improved as a paved neighborhood pathway in the future.
3. Provide a street stub southward from 35"' Avenue (in parccel #35351.9127) to the north edge of undeveloped parcel
#35351.9094, to facilitate street connectivity to 3r Avenue in the future.
4. Approximately 30% of project generated trips will enter the City of Spokane via 29'h Avenue and 3r Avenue. The
City has several projects planned to mitigate traffic congestion at 371h/Ray, 37m/Freya and 29"'/Freya which are
listed in the South District Impact Fee program. We request that the development be conditioned through SEPA to
contribute towards these projects in a manner consistent with the City's transportation impact fee program. The
SEPA mitigation shall be paid prior to final plat of each phase. Figure 6 in the traffic study shows that 36 PM peak
trips will be added to 29�/Freya and 3r/Freya. The mitigation fee is based on the current estimate for the South
Impact Fee District fee.
36 trips "$1031 / trip = $37, 116.00
City of Spokane Valley:
1. Spokane Valley has determined that the project will contribute 52 PM peak hour trips to the intersection of 8,J
Avenue & Carnahan Road as proposed in the Traffic Impact Analysis (fIA) for the Development, dated March 29,
2022. The City and applicant agree that the impacts from the Development contribute to and are a cause of
necessary improvements at the intersection. The need for improvements is in part due to traffic generated by the
project As such, the City and applicant have agreed to a voluntary mitigation fee of $25,000 to be applied toward
the development of a protect design and cost estimate at the intersection. The voluntary mitigation fee is based on
labor estimates compiled by the City of Spokane Valley. This mitigation fee shall be used for analysis, survey, and
design.
2. Prior to any final plat, the applicant shall enter into a voluntary mitigation agreement with the City of Spokane Valley
to make the contribution towards improvements at the intersection and shah pay the City the voluntary mitigation fee
of $25,000,
Spokane County Pubic Works.-
1. The ROW of Glendora St shall have a paved pathway that connects to the e)asting pathway at the at the school.
Coordination with the school and City of Spokane will be required.
I acknowledge the above mitigating measures to be modifications and adjustments to the above described proposal
and warrant that I will not Yppose, object to or cothese measures in the future.
Date
Signature:
Responsible official: Scott R. Chesney, AICP
Director of Planning
Department of Building and Planning
1026 W. Broadway Ave., Spokane, WA 99260
CountvBuildingandPlanningDepatnent(a)spokanecountv.org
Contact Tammy Jones, Planning Manager
Phone: (509) 477-3675
w 0m,mv
Date: Signature:
You may appeal this determination to the Spokane County Hearing Examiner at the Department of Building and
Planning,1026 W, Broadway, Spokane, WA 99260, no later than 4:00 p.m. on June 7, 2022, by completing and
signing the appeal form and remitting the appropriate appeal fee.
You should be prepared to make specific factual objections.
Contact Tammy Jones to read or ask about the procedures for SEPA appeals.
This NMNS was mailed to:
1. WA State Department of Ecology, SEPA Registry (Olympia)
2. Spokane County Public Works; Dave Istrate c/o Shannon Kinnick
3. Spokane County Public Works - Development Services; Barry Greene
4. Spokane County Public Works - Wastewater; Chris Knudson
5. Spokane Regional Health District; Paul Savage
6. Spokane County Fire District#8
7. Building and Planning Department, James Moore
8. Spokane Clean Air
9. Spokane School District 481
10. City of Spokane Developer Services; Mike Nilsson
11. City of Spokane Transportation Services; Inga Note
12. City of Spokane Valley Engineering Services; Jeremy Clark
13. Spokane County Parks & Recreation; Paul Knowles
14. Washington State Department of Archaeology & Historic Preservation
15. Washington State Department of Fish & Wildlife; Jeff Lawlor