HomeMy WebLinkAbout25-218.00CyprianHomesLLCTrafficMitigationCusterStreetTownhomesVOLUNTARY MITIGATION AGREEMENT FOR
CUSTER STREET TOWNHOMES
TRAFFIC MITIGATION
Cyprian Homes, LLC, c/o TBD
This Voluntary Mitigation Agreement ("Agreement") is entered into between Cyprian Homes, LLC, c/o
TBD, its successors and assigns ("Developer"), a Washington corporation, having offices at 10511 E 81"
Avenue, Spokane Valley, WA 99206, and the City of Spokane Valley ("City"), a municipal corporation
of the State of Washington, hereinafter jointly referred to as "Parties":
RECITALS
WHEREAS, this Agreement is entered into by the Parties pursuant to RCW 82.02.020, to provide
a financial contribution toward the 8" Ave. / Carnahan Rd. Intersection Improvement project that
mitigates increased traffic volumes generated by the development as proposed in the Developer's permit
application EGR-2025-0053.
WHEREAS, Developer is the owner/developer of certain real property generally located within
an area located east and adjacent to Custer Road and south of the 51' Avenue alignment in the City of
Spokane Valley (herein collectively referred to as "Property").
WHEREAS, the Property covers a total of 1..08 acres of land.
WHEREAS, the Developer has requested approval of the engineered grading permit associated
with the Custer Street Townhomes project, a commercial 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 pursuant to the transportation
concurrency analysis review. As part of this request, the following condition of approval was included in
the Certificate of Transportation Concurrency for approval of the permit:
Prior to the issuance of a building permit, the applicant shall enter into a
voluntary mitigation agreement with the City of Spokane Valley to make the
proportionate share contribution towards improvements at the intersection of 81
Avenue and Carnahan Road and shall pay the City the voluntary mitigation fee of
$10,495.
(5 trips at $2,099 per trip).
Spokane Valley has determined that the project will contribute 5 PM peak hour trips and 5 AM peak hour
trips to the intersection of 81 Avenue and Carnahan Road as provided in the Trip Generation and
Distribution Letter (TGDL) for the Development, dated November 29, 2025. The City and applicant
agree that the impacts from the Development contribute to 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 $10,495 which shall be paid by the applicant as its
proportionate contribution to the mitigation project in lieu of other improvements at the intersection. The
voluntary mitigation fee is based on an intersection analysis completed for the City that identified a cost
per PM peak hour trip through the intersection of $2,099.
This mitigation fee shall be used for design, right-of-way acquisition, and/or construction of
improvements at the interchange.
WHEREAS, 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 81 Avenue and
Carnahan Road, which are a direct result of traffic impacts associated with the Development.
WHEREAS, the Parties have agreed that the proportionate share of improvements for Developer
shall be paid prior to issuance of the approval of the building permit.
WHEREAS, the Parties have agreed that the voluntary mitigation fee is appropriately established
for improvements deemed necessary based on calculations provided by the City in the analysis dated
October 3, 2025 entitled 8`d Avenue/Carnahan Road Alternatives Analysis - Amended. The cost
participation for the improvements has been identified to be $2,099 per PM peak hour trip.
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. 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.
WHEREAS, to mitigate the direct impacts of the development of the Property upon transportation
facilities as identified in the document entitled 503 S Custer Townhomes Trip Generation and
Distribution Letter, 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 the recitals and all attached documents, is a
voluntary agreement pursuant to RCW 82.02.020. The Parties agree that the Developer's contribution is
proportionate) to and reasonably necessary to mitigate the traffic impacts created by the 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 payment, and the City's obligations
under this Agreement shall terminate.
2. Projects. The Parties agree that the mitigation payment shall be expended by the City on improvements
at the directly impacted intersection of 81 Avenue and Carnahan Road, including the 81 Ave. / Carnahan
Rd. Intersection Improvement project and all necessary components of improvements, as deemed
appropriate by the City of Spokane Valley.
3. Mitigation Contribution. The voluntary mitigation fee shall be based on calculations provided by the
Developer in the TGDL dated November 29, 2025 entitled 503 S Custer Townhomes Trip Generation and
Distribution Letter and by the City in the Technical Memorandum dated October 3, 2025 entitled 8"
Avenue/Carnahan Road Alternatives Analysis — Amended. The Developer agrees to pay $10,495 to
mitigate traffic impacts on the intersection of 81 Avenue and Carnahan Road resulting directly from the
Development by the Developer. Said fee is based on 5 additional PM peak hour trips at a proportionate
share mitigation cost of $2,099 per PM peak hour trip.
4. Payment. The Developer agrees to pay all of the above identified voluntary mitigation payments prior
to the issuance of a building permit.
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, construction, and
other related components of the projects identified, and agreed to by the Parties in section 2 of 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.
Pursuant to RCW 82.02.020, 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; however, if the payment is not
expended within five years due to delay attributable to the Developer, the payment shall be refunded
without interest.
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: Cyprian Homes, LLC
c/o TBD
10511 E 81 Avenue
Spokane Valley, WA 99206
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the
assigns of the Parties.
8. Governine 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 _j2� day of b,()GQw'6Pr , 2025.
DEVEZratj"f
By:Its: M�
Name: MC)g,2_1S p-U_CotTtf-t
STATE OF 1 )
ss.
County of �����-�l-Q, )
On thi4- day of C9!`(\�- 2025 before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared iY1OQ-t % RuCc,4 - h,
to me known to be theyynem be,(_ of _�'V �ci -rl *rn�Lc.
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
o`n`co�1Wjjdthat he is authorized to execute the instrument.
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`����, ppL��N.WWny hand and official seal hereto t d e day and y ar in s certifi ate above written.
EXpNCTARy N N TA BLIC, in and for the State of Washington,
� C) PUBLIC = residing at
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/`d,VV SVAVO Printed Name
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CITY OF S_POOKANE VALLEY:
John Hohman, City Manager
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Marci Ikatterson, City Clerk
APP O ED TO FORM:
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Offii of the 71 Xttorney
S`'pokane
�r Valley
Public Works Department
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
Project Name:
Custer Street Townhomes
File Number:
EGR-2025-0053
Application Date:
9/24/2025
SEPA Number:
N/A
Parcel Number(s):
35232.9090
Project Address:
503 S Custer Street
Specific Land -Use:
91
Land Use
Vacant Vacant Land
ITE
(Land Use Code):
215: Single -Family Attached Housing (20 units)
Number of Adjacent
Roadway Network
12 Net new trips
::1
Analysis
TGDL
PM Peak Trips
Performed:
dated 11/29/2025
Reserved:
City Intersections
8th/Carnahan
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.
Prior to the issuance of a building permit, the applicant shall enter into a
Mitigation
voluntary mitigation agreement with the City of Spokane Valley to make the
Measures:
proportionate share contribution towards improvements at the intersection of
8th Avenue and Carnahan Road and shall pay the City the voluntary mitigation
fee of $10,495. (5 trips at $2,099 per trip)
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.
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:
Traffic Eq&eering Fgafiager or Designee
12/04 /2025
Date
Copies to: CSV Planning Department, CSV Project Files, Project Applicant, Project Traffic Engineer
Version 4 (01.23.2020)