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2010, 10-19 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, October 19, 2010 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ACTION ITEM 1. Mike Stone Lease Agreement with Community Colleges of Motion Consideration Spokane [public comment] NON-ACTION ITEMS 2. Lori Barlow Community Boulevard, Report to Council Discussion/Information 3. Cary Driskell Special Events, Code Amendment Discussion/Information 4. Rick Van Leuven Panhandling Update Discussion/Information 5. Rick Van Leuven Semi-truck Parking Discussion/Information 6. Mayor Towey Advance Agenda Discussion/Information 7. Information Only (will not be discussed or reported): (a)Electronic Cigarettes (b) Urban Growth Area Update 8. Mayor Towey Council Check in Discussion/Information 9. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,October 19,2010 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: MOTION CONSIDERATION: Community Colleges of Spokane CenterPlace Lease GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: For the past several months, Parks and Recreation staff has been working with the Community Colleges of Spokane (CCS) to develop an agreement for leasing space for the upcoming school year at CenterPlace. The leased space will be to facilitate staff training and public educational programs. CCS's existing lease has expired and they are very interested in maintaining a presence in the Spokane Valley at CenterPlace. We are interested in providing space and continuing our working relationship with the CCS. CCS is interested in a lease running from August 2010 through June 2011. The community colleges will be leasing space primarily during the day leaving evenings and weekends available for rent by the public. Additionally, CenterPlace will have the ability to rent these spaces to other groups when they are not in use by CCS. Discussions and negotiations have focused on the rooms needed and the rental rate per square foot. The rental rate initially charged CCS when CenterPlace opened was $16 per square foot. The recent downturn in the economy has had a negative impact on square foot rental rates. Staff has researched current rental rates for similar spaces within the City of Spokane Valley with several local realtors attempting to compare apples to apples. That has been difficult given the unique space available at CenterPlace. Depending upon the facility class and what amenities are included the rental range currently being charged is between $10 and $13 per sq. ft. However it was stressed heavily that all rates are negotiable. The rental rate proposed by CCS is $8.00 per square foot. This does not include the value for being able to rent that space when not in use. OPTIONS: 1) approve or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: "I move to authorize the City Manager or designee to execute the CenterPlace lease with Community Colleges of Spokane as submitted." BUDGET/FINANCIAL IMPACTS: This lease will be revenue generating for CenterPlace and the City of Spokane Valley. STAFF CONTACT: Mike Stone, Parks and Recreation Director ATTACHMENTS: Draft Lease AFTER RECORDING RETURN TO: ACKNOWLEDGED: Copy Received and Contents Department of General Administration Approved Real Estate Services This day of , 20 P. O. Box 41015 Olympia,Washington 98504-1015 By(signature) Please return to Cathy Schilling via one of the following options: Scan/email - csch///@ga.wa.gov Fax - 360.586.9088 Lease No. SRL 10-0068 (Spokane Valley)RLW/ij SR 095-04-10 Page 1 of 14 Date: June 7,2010 LEASE THIS LEASE is made and entered into between City of Spokane Valley, a municipal corporation whose address is 11707 East Sprague Avenue, Spokane Valley, Washington 99206,for its heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and the STATE OF WASHINGTON, Community Colleges of Spokane,District 17, acting through the Department of General Administration,hereinafter called the Lessee. WHEREAS, the Department of General Administration is granted authority to lease property under RCW 43.82.010; WHEREAS,the Lessor and Lessee deem it to be in the best public interest to enter into this Lease; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein,IT IS MUTUALLY AGREED AS FOLLOWS: LEASED PREMISES 1. The Lessor hereby leases to the Lessee the following described premises: Tax Parcel Number: 45105.9096 Common Street Address: 2426 N.Discovery Place,Room 209, Spokane Valley,Washington 99215 Approximately 794 BOMA rentable square feet of classroom space,being Room 209 (hereafter"Premises")in a building known as CenterPlace, (hereinafter"CenterPlace")together with intermittent use of other classrooms on a scheduled basis,together with on site code parking whose address is: 2426 N. Discovery Place, Spokane Valley, Washington 99216 located on real property legally described as follows: see Exhibit"A" attached hereto(hereafter "Property"): Site Plan Shown on Exhibit"B" USE 2. The premises shall be used by the Community Colleges of Spokane, District 17 and/or other state agencies for the following purpose(s): classrooms, educational programming and community education to all ages of residents of the City of Spokane Valley and the surrounding Lease No. SRL 10-0068 June 7,2010 Page 2 of 14 area and program areas including,but not limited to: English as a Second Language(`ESL");Adult Basic Education; Workforce Training; and cultural and artistic seminars. Further, Lessee understands that the CenterPlace is a"regional center" encompassing certain activities. In addition to the activities described above, Lessee will endeavor to make these Premises available to the City of Spokane Valley, other users of CenterPlace and third parties who may wish to use the CenterPlace for the following regional uses: Conference Activities: Breakout and overflow activities and other components of CenterPlace; activities by smaller groups sponsored by Lessee and other community organizations. Cultural Activities: Performances of multi-ethnic and community groups; multi-cultural activities and events that lead to greater involvement in an appreciation of the diversity of the region and the people who live or have lived here Community Activities: Teen and youth activities, including such activities as recognition events for figures of regional and national significance, book-a thons and other academic or cultural competitions or events (all collectively"Regional Uses"). Lessee agrees to use its best efforts to make these Premises available for Regional Uses approximately twenty percent(20%)of the time. Lessee agrees, upon reasonable notice from Lessor, to make available to Lessor the schedules showing use of the Premises. Under no circumstances shall Lessees failure to achieve this goal be identified as an event of default or any other form of breach of this Lease. Lessee shall retain any and all rental income paid Lessee for use of the Premises by third parties for the uses above described. The Premises shall be used for no other purpose. Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation or warranty with respect to the Premises or with respect to the suitability of the Premises or the CenterPlace for the conduct of Lessee's business,nor has Lessor agreed to undertake any modification, alteration or improvement to the Premises or CenterPlace,except as provided in writing in this Lease. Lessee acknowledges that Lessor may from time to time, at its sole discretion, make such modifications, alterations, deletions or improvements to the Premises or CenterPlace at Lessor's sole cost and expense as Lessor may deem necessary or desirable, without compensation or notice to Lessee, provided, however, Lessor will give Lessee seventy-two (72) hours advance notice for any such modifications, alterations, deletions or improvements in the Premises. Lessee shall promptly comply with all laws, ordinances,orders and regulations affecting the Premises(including,but not limited to,the Americans with Disabilities Act of 1990 and the Fair Housing Act of 1968, as amended, and other similar laws), including, without limitation, any rules and regulations that may be attached to this Lease and any reasonable rules and regulations as Lessor may adopt from time to time. Lessee's compliance with the requirements of this paragraph shall not negate any obligations of Lessor stated in paragraph 6. Lessee shall not do or permit anything to be done in or about the Premises or bring or keep anything in the Premises that will in any way increase the premiums paid by Lessor on its insurance related to the CenterPlace or which will in any way increase the premiums for fire or casualty insurance carried by other Lessees in the CenterPlace. Lessee will not perform any act or carry on any practices that may injure the Premises or CenterPlace; that may be a nuisance or menace to other Lessees in the CenterPlace;or that shall in any way interfere with the quiet enjoyment of such other Lessees. Lessee shall not use the Premises, or any part thereof,for illegal purposes,nor under any circumstances permit gambling or the illegal sale of alcohol or narcotics upon the Premises; nor permit any act to be done which will make the Premises subject to abatement by any governmental authority. Lease No. SRL 10-0068 June 7,2010 Page 3 of 14 Lessee shall not use the Premises for sleeping or cooking or the preparation,manufacture,or mixing of anything that might emit any objectionable odor,noise,vibration or lights onto other Lessees. If sound insulation is required to muffle noise produced by Lessee on the Premises,Lessee at its own cost shall provide all necessary insulation. Lessee shall not do anything on the Premises which will overload any existing parking or service to the Premises. Pets and/or animals of any type shall not be kept on the Premises with the exception of qualified guide dogs and service animals and dogs required for law enforcement and security purposes. Any wet lab installed by Lessee or for Lessees benefit in the Premises must be in compliance with occupancy requirements of the International Building Code adopted by Lessor. Any plans for installation of a wet lab or modifications of the same must be first approved in writing by Lessor prior to commencement of construction,which approval will not be unreasonably withheld. Lessor also shall be provided by Lessee, as part of said approval process, a copy of Lessees hazardous materials management plan. Lessor, in connection with any approval and from time to time,or reasonable notice,may inspect the lab to insure compliance with the plan. 2.1 Lessee shall allow Lessor to use Room 209,when not scheduled for Lessee classes,under responsible Lessor supervision. TERM 3. TO HAVE AND TO HOLD the premises with their appurtenances for the term beginning July 1, 2010 and ending June 30,2011. RENTAL RATE 4. The Lessee shall pay rent to the Lessor for the premises at the following rate: Five Hundred Twenty-nine Dollars and Thirty-three Cents $529.33 per month. 4.1 Lessee shall pay Lessor for intermittent used space on an hourly basis at the rate of$3.50 per hour. Room 207 shall be the most intermittent used space. Lessor will allow Lessee to store their furnishings in Room 207 for use by Lessor as well. Payment shall be made at the end of each month upon submission of properly executed vouchers. 4.2 Rent Without Offset and Late Charge. All rent shall be paid by Lessee to Lessor monthly on the last day of every calendar month, at the address shown in Section 24,or such other place as Lessor may designate in writing from time to time. All rent shall be paid without prior demand or notice and without any deduction or offset whatsoever. All rent shall be paid in lawful currency of the United States of America. Proration of rent due for any partial month shall be calculated by dividing the number of days in the month for which rent is due by the actual number of days in that month and multiplying by the applicable monthly rate. Additionally, all such delinquent rent or other sums shall bear interest at the rate of 12% per annum. If the interest rate specified in this Lease is higher than the rate permitted by law,the interest rate is hereby decreased to the maximum legal interest rate permitted by law. Any payments of any kind returned for insufficient funds will be subject to any additional handling charge of$25.00, and thereafter,Lessor may require Lessee to pay all future payments of rent or other sums due by money order or cashier's check. EXPENSES 5. During the term of this Lease, Lessor shall pay all real estate taxes, all property assessments, insurance, storm water, water, sewer, garbage collection, and maintenance and repair as described below,together with natural gas, electricity,elevator service,exterior and interior window washing, landscape and irrigation water, and janitor service. Janitor service includes exterior and interior window washing,restroom supplies and light bulb replacement and such other items as set forth in Lease No. SRL 10-0068 June 7,2010 Page 4 of 14 Exhibit "C" which is attached hereto and incorporated by reference. Lessor shall also allow Lessee access to Lessor's network via wifi or directly at no cost. MAINTENANCE AND REPAIR 6. The Lessor shall maintain the Premises in good repair and tenantable condition during the continuance of this Lease, except in case of damage arising from the negligence of the Lessee's clients, agents or employees. For the purposes of maintaining and repairing the Premises, the Lessor reserves the right at reasonable times to enter and inspect the Premises and to make any necessary repairs to the Premises and CenterPlace. Lessor's maintenance and repair obligations shall include, but not be limited to, the mechanical, electrical, interior lighting (including replacement of ballasts, starters and fluorescent tubes as required), plumbing, heating, ventilating and air-conditioning systems (including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; elevators; inside and outside walls (including windows and entrance and exit doors); all structural portions of CenterPlace (including the roof and the watertight integrity of same); porches, stairways; sidewalks; exterior lighting; parking lot (including snow removal, cleaning and restriping as required); wheel bumpers; drainage; landscaping and continuous satisfaction of all governmental requirements generally applicable to similar office buildings in the area (example: fire, building, energy codes, indoor air quality and requirements to provide architecturally barrier-free premises for persons with disabilities,etc.). ASSIGNMENT/SUBLEASE 7. The Lessee may assign this Lease or sublet the premises with the prior written consent of the Lessor,which consent shall not be unreasonably withheld. Lessee shall not peiniit the use of the premises by anyone other than the Lessee, such assignee or sublessee, and the employees, agents and servants of the Lessee, assignee, or sublessee. RENEWAL/CANCELLATION 8. The Lease may, at the option of the Lessee, be renegotiated for an additional five (5) years ("Extended Term"). If Lessee elects to renew, said renewal shall be exercised by Lessee providing Lessor written notice of its renewal no later than six(6)months prior to the end of the Term. If Lessee elects to renew,the monthly base rent provided herein shall be negotiated between the parties; provided, however, the rent shall not, during the renewal period, be less than the rent for the last month of the original term. If the parties cannot agree upon rent before the end of the original term,this lease shall teuninate unless the parties agree otherwise in writing. PAYMENT 9. Any and all payments provided for herein when made to the Lessor by the Lessee shall release the Lessee from any obligation therefor to any other party or assignee. COMPLIANCE WITH STATE/FEDERAL LAWS 10. Lessor is responsible for complying with all applicable provisions of the Americans With Disabilities Act of 1990 (42 U.S.C. 12101- 12213) and the Washington State Law Against Discrimination, Chapter 49.60 RCW, as well as the regulations adopted thereunder,with respect to the Leased Premises. FIXTURES;ALTERATIONS; SIGNAGE 11. The Lessee shall have the right during the existence of this Lease, subject to the written peiniission of the Lessor (such permission shall not be unreasonably withheld), to make alterations, attach fixtures, and erect additions, structures or signs, in or upon the Premises. Such alterations, fixtures, additions, structures and signs shall be authorized by the Department of General Administration. Perfoimance of any of the rights authorized above shall be conducted in compliance with all applicable governmental regulations, building codes, including obtaining any necessary permits; and will not interfere with use of other portions of CenterPlace or the Property. Any fixtures, additions, or Lease No. SRL 10-0068 June 7,2010 Page 5 of 14 structures so placed in or upon or attached to the Premises shall be and remain the property of the Lessee and may be removed therefrom by the Lessee upon the termination of this Lease unless noted otherwise in Lessor's permission. Any damage caused by the removal of any of the above items shall be repaired by the Lessee. ALTERATIONS/IMPROVEMENTS 12. In the event the Lessee requires alterations/improvements during the term of this Lease, any renewals and/or modifications thereof, the Lessor shall have the right to provide such services. If required by state law, the Lessor shall pay prevailing rate of wage to all workers, laborers or mechanics employed to perform such work as well as comply with the rules and regulations of the Department of Labor & Industries. If the Lessee considers Lessor's proposed costs for alterations/ improvements excessive, Lessee shall have the right, but not the obligation, to request and receive at least two independent bids; and the Lessee shall have the right at its option to select one alternative contractor whom the Lessor shall allow to provide such services for the Lessee in compliance with the Lessor's building standards and operation procedures. PREVAILING WAGE 13. Lessor agrees to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the perfoiniance of any part of this Lease when required by state law to do so, and to comply with the provisions of Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Lease will be performed as determined by the Industrial Statistician of the Department of Labor and Industries, are by reference made a part of this Lease as though fully set forth herein. DISASTER 14. In the event the leased premises are destroyed or injured by fire, earthquake or other casualty so as to render the premises unfit for occupancy, and the Lessor(s)neglects and/or refuses to restore said premises to their former condition, then the Lessee may terminate this Lease and shall be reimbursed for any unearned rent that has been paid. In the event said premises are partially destroyed by any of the aforesaid means,the rent herein agreed to be paid shall be abated from the time of occurrence of such destruction or injury until the premises are again restored to their former condition, and any rent paid by the Lessee during the period of abatement shall be credited upon the next installment(s) of rent to be paid. It is understood that the terms "abated" and "abatement" mean a pro rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total rented area. NO GUARANTEES 15. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Lessee unless endorsed herein in writing. And it is further understood that this Lease shall not be valid and binding upon the State of Washington, unless same has been approved by the Director of the Department of General Administration of the State of Washington or his or her designee and approved as to form by the Office of the Attorney General. Any amendment or modification of this Lease must be in writing and signed by both parties. ENERGY 16. The Lessor, or authorized representative, in accordance with RCW 43.19.685, has conducted a walk-through survey of the leased premises with a representative of the Director of the Department of General Administration. Lessor will undertake technical assistance studies and/or subsequent acquisition and installation of energy conservation measures identified as cost effective by the survey. REIMBURSEMENT FOR DAMAGE TO PREMISES; RELEASE Lease No. SRL 10-0068 June 7,2010 Page 6 of 14 17. The Lessee hereby agrees to reimburse the Lessor for damages caused by the negligence of its employees, clients and agents, but in no event shall this paragraph be construed as diminishing the Lessor's duty to make repairs as set forth in preceding paragraphs of this Lease, or as making Lessee responsible for the repair of normal wear and tear. As material consideration to Lessor, Lessee agrees that neither Lessor nor its agents, contractors or employees shall be liable to Lessee for any damage to Lessee or Lessee's property from any cause, and Lessee waives all claims against Lessor and its agents, contractors and employees for damage to persons or property arising for any reason, except for damage resulting from Lessor's negligence or breach of its express obligations under this Lease which Lessor has not cured within a reasonable time after receipt of written notice of such breach from Lessee. HAZARDOUS SUBSTANCES 18. Lessor warrants to his/her knowledge that no hazardous substance, toxic waste, or other toxic substance has been produced,disposed of, or is or has been kept on the Premises hereby leased which if found on the property would subject the Lessor or Lessee to any damages, penalty, or liability under an applicable local, state or federal law or regulation. Regarding any portion of the Premises used for the wet lab or similar activities, Lessee warrants that it will not use, store, dispose of or otherwise deal with any hazardous substance in an improper manner or in violation of applicable law on, under or about the Premises. With respect to the balance of the Premises,Lessee warrants it will not use, store, dispose of or otherwise deal with any hazardous substance on, under or about the Premises. Lessee agrees to reimburse Lessor for any loss,liability, cost, expense or fine incurred by Lessor because of the presence of any hazardous substance on, in, under or about the Premises resulting from Lessee's use, storage, disposal or sale of such hazardous substances,whether or not expressly permitted hereunder. In the event that a violation of any such laws by the Lessee or the detection of any such violation occurs on the Premises during the term of this Lease, Lessee shall, at its own expense,promptly commence clean-up and other remedial actions and shall diligently conduct such actions until such violation is ended and the effects of such violation have been fully remedied as required by applicable laws. Lessee shall remain fully liable, and shall reimburse Lessor for any costs or expenses for clean-up, waste disposal, litigation, governmental or administrative action,fines,penalties,including,without limitation,those costs,expenses,penalties and fines within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et. seq. ("CERCLA"), and the Model Toxics Control Act of the State of Washington codified as RCW Chapter 70.105D, caused by Lessee's use and/or occupancy of the Premises during the term of this Lease. a) Emissions. Lessee shall not: 1) Permit any vehicle owned by Lessee on the Premises to emit exhaust which is in violation of any governmental law,rule,regulation or requirement; 2) Discharge,emit or permit to be discharged or emitted, any liquid, solid or gaseous matter,or any combination thereof,into the atmosphere,the ground or any body of water which matter, as reasonably determined by Lessor or any governmental entity,does,or may,pollute or contaminate the same,or is,or may become,radioactive or does,or may, adversely affect the(a) health or safety of persons,wherever located,whether on the Premises or anywhere else, (b)condition, use or enjoyment of the Premises or any other real or personal property,whether on the Premises or anywhere else,or(c)Premises or any of the improvements thereto or thereon including buildings, foundations,pipes,utility lines,landscaping or parking areas; 3) Produce,or permit to be produced, any intense glare,light or heat except within an enclosed or screened area and then only in such manner that the glare,light or heat shall not be discernible from outside the Premises; Lease No. SRL 10-0068 June 7,2010 Page 7 of 14 4) Create,or permit to be created, any sound pressure level which will interfere with the quiet enjoyment of any real property outside the Premises,or which will create a nuisance or violate any governmental law,rule,regulation or requirement; 5) Create,or permit to be created, any ground vibration that is discernible outside the Premises; and/or 6) Transmit,receive or permit to be transmitted or received, any electromagnetic, microwave or other radiation which is harmful or hazardous to any person or property in,or about the Premises,or anywhere else. b) Disposal of Waste. 1) Sewage Disposal. Lessee shall properly dispose of all sanitary sewage and shall not use the sewage disposal system(a)for the disposal of anything except sanitary sewage or(b)in the excess of the lesser amount(i)reasonably contemplated by the uses permitted under this Lease or(ii) permitted by any governmental entity. 2) Disposal of Other Waste. Lessee shall properly dispose of all other waste or matter delivered to, stored upon,located upon or within,used on,or removed from,the Premises in such a manner that it does not, and will not, adversely affect the(a)health or safety of persons,wherever located,whether on the Premises or elsewhere; (b)condition,use or enjoyment of the Premises or any other real or personal property,wherever located,whether on the Premises or anywhere else,or(c) Premises or any of the improvements thereto or thereon including buildings,foundations,pipes,utility lines,landscaping or parking areas. c) Information. In the event of any accident, spill or other incident involving hazardous or toxic matter,Lessee shall immediately report the same to Lessor and supply Lessor with all information and reports with respect to the same. d) Compliance with Law. Notwithstanding any other provision in this Lease to the contrary, Lessee shall comply with all laws, statutes,ordinances,regulations,rules and other governmental requirements in complying with its obligations under this Lease. e) Reimbursement. In addition to any other remedy Lessor may have under this Lease or at law or in equity,if Lessee breaches the provisions of Section 18,Lessee shall reimburse Lessor for any costs,fees,penalties,loss,claim,liability or expense, (including,without limitation,diminution in the value of the Premises, CenterPlace or the Property for damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or any part of the Property, and sums paid in settlement of claims, attorneys'fees,consultant fees and expert fees)arising during or after the Lease term as a result of such breach. This obligation of Lessee to Lessor includes,without limitation, any and all costs incurred in connection with any investigation of site conditions and any cleanup, remedial,removal or restoration work required by any federal, state or local governmental agency or political subdivision. Lessee's obligations under this Section 19 shall continue notwithstanding termination of this Lease for any reason whatsoever CONDEMNATION 19. If all the Premises or such portions of CenterPlace or the Property as may be required for the reasonable use of the Premises, are taken by eminent domain, this Lease shall automatically teuninate as of the date Lessee is required to vacate the premises and all rentals shall be paid to that date. In case of a taking of a part of the Premises, or a portion of CenterPlace not required for the reasonable use of the Premises, at Lessee's determination, then the Lease shall Lease No. SRL 10-0068 June 7,2010 Page 8 of 14 continue in full force and effect and the rental shall be equitably reduced based on the proportion by which the floor area of the Premises is reduced, such rent reduction to be effective as of the date possession of such portion is delivered to the condemning authority. Lessor reserves all rights to damages and awards in connection therewith, except Lessee shall have the right to claim from the condemning authority the value of its leasehold interest and any relocation benefits,if allowed to Lessee by law. SURRENDER OF PREMISES;HOLDING OVER 20. Upon expiration of the Willi, Lessee shall surrender to Lessor the Premises and all Lessee improvements and alterations in good condition, except for ordinary wear and tear and alterations Lessee has the right or is obligated to remove under the provisions of Section 12 herein. Lessee shall remove any personal property including, without limitation, all decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alteration or Lessee's personal property before the expiration of the Willi, including for example,restoring all wall surfaces to their condition prior to the commencement of this Lease. Lessor can elect to retain or dispose of in any manner Lessee's personal property not removed from the Premises by Lessee prior to the expiration of the term. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor's retention or disposition of Lessee's personal property. Lessee shall be liable to Lessor for Lessor's cost for storage, removal or disposal of Lessee's personal property. If Lessee remains in possession of the Premises after the expiration or termination of the Lease term, or any extension thereof, such possession by Lessee shall be deemed to be a month-to-month tenancy, terminable as provided by law. During such month-to-month tenancy,Lessee shall pay all rent provided in this Lease or such other rent as the parties mutually agree in writing and all provisions of this Lease shall apply to the month-to-month tenancy,except those pertaining to Willi and option to extend. SUBORDINATION 21. So long as Lessor has fully performed under the terms of this Lease,Lessee agrees to execute, within twenty (20)days of written request by Lessor,the state's standard Lessee Estoppel and Subordination Agreements which have been approved as to form by the Office of the Attorney General CANCELLATION/SUPERSESSION 22. This Lease cancels, supersedes, or replaces SRL 04-0104 dated June 29, 2004, and all modifications thereto effective July 1,2010. WITHHOLDING OF RENT PAYMENTS 23. If the Lessor fails to maintain, repair and/or improve the premises as set forth herein, the Lessee may, if authorized by the Department of General Administration, withhold ten percent (10%) of rent payments until such time as Lessor completes deficient maintenance, repair and/or improvements. Upon receipt of documentation of Lessor's noncompliance with maintenance, repair and/or improvement provisions and a written request to withhold rent payments from the Lessee, the Department of General Administration shall provide Lessor with a list of deficient maintenance, repair and/or improvement items and notify Lessor that Lessee has been authorized to withhold rent payment until deficient maintenance, repair and/or improvements have been completed. Lessee shall place all withheld rent payments in an interest bearing account. Withheld rent payments plus accrued interest will be remitted to Lessor after the Department of General Administration verifies that Lessor has satisfactorily completed all maintenance, repair and/or improvements and authorizes Lessee to remit the withheld rent. Nothing in this provision shall limit other remedies which may be available to Lessee under this Lease. Lease No. SRL 10-0068 June 7,2010 Page 9 of 14 MONTH TO MONTH TENANCY 24. If Lessee remains in possession of the premises after the expiration or teuuination of the Lease term, or any extension thereof, such possession by Lessee shall be deemed to be a month-to-month tenancy, terminable as provided by law. During such month-to-month tenancy, Lessee shall pay all rent provided in this Lease or such other rent as the parties mutually agree in writing and all provisions of this Lease shall apply to the month-to-month tenancy,except those pertaining to term and option to extend. SUBORDINATION 25. So long as Lessor has fully performed under the terms of this Lease, Lessee agrees to execute, within ten (10) days of written request by Lessor, the state's standard Tenant Estoppel and Subordination Agreements which have been approved as to form by the Office of the Attorney General. A $400.00 processing fee will be assessed for processing these documents. CAPTIONS 26. The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. NOTICES 27. Wherever in this Lease written notices are to be given or made, they will be sent by certified mail to the address listed below unless a different address shall be designated in writing and delivered to the other party. LESSOR: City of Spokane Valley 11707 East Sprague Avenue Spokane Valley,Washington 99206 LESSEE: Department of General Administration SRL 10-0068 Real Estate Services 210- 11'x'Avenue SW.,Room 230 Post Office Box 41015 Olympia,Washington 98504-1015 IN WITNESS WHEREOF,the parties subscribe their names. City of Spokane Valley STATE OF WASHINGTON Community Colleges of Spokane,District 17 Bv: Acting through the Department Title: of General Administration Date: By: Title: Design Manager/Acting Leasing Manager Date: RECOMMENDED FOR APPROVAL: Lease No. SRL 10-0068 June 7,2010 Page 10 of 14 Ron Wall,Property and Acquisition Specialist Real Estate Services Date: APPROVED AS TO FORM: By: Assistant Attorney General Date: STATE OF ) )ss. County of ) On this day of ,A.D.,20 , before me personally appeared to me known to be the of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires STATE OF WASHINGTON ) )ss. County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this day of 20 , personally appeared before me Ted S. Cohen, Design Manager/Acting Leasing Manager, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department,for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Lease No. SRL 10-0068 June 7,2010 Page 11 of 14 Notary Public in and for the State of Washington, Residing at My commission expires Lease No. SRL 10-0068 June 7,2010 Page 12 of 14 Exhibit"A" Legal Description THAT PORTION OF THE EAST HALF OF SECTION 10,TOWNSHIP 25 NORTH,RANGE 44 EAST,W.M.,IN SPOKANE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10;THENCE NORTH 89°56'11"WEST,ALONG THE CENTERLINE OF SAID SECTION 10, 1013.95 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MIRABEAU PARKWAY THE POINT OF BEGINNING OF THIS DESCRIPTION;SAID POINT OF BEGINNING BEING ON A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS NORTH 69°10'22"WEST,A DISTANCE OF 673.00 FEET;THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE AND CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 21°06'30",AN ARC DISTANCE OF 247.94 FEET TO A POINT OF TANGENCY;THENCE SOUTH 41°56'08°WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE,3.18 FEET;THENCE NORTH 89°56'11"WEST,519.45 FEET,TO THE EASTERLY RIGHT OF WAY LINE OF DISCOVERY PLACE;THENCE ALONG THE EASTERLY AND NORTHERLY RIGHT OF WAY LINE OF DISCOVERY PLACE THE FOLLOWING 5 COURSES; 1)NORTH 00°11'33"EAST,323.56 FEET,TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 89°48'27"EAST,A DISTANCE OF 673.00 FEET;2)ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 27°52'08" AN ARC DISTANCE OF 327.35 TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 61'56'19"EAST,A DISTANCE OF 37.50 FEET;3)ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 24°28'17",AN ARC DISTANCE OF 16.02 FEET TO A POINT OF TANGENCY;4)NORTH 52°31'58"EAST,75.56 FEET,TO THE BEGINNING OF A CURVE TO THE LEFT THE RADIUS OF WHICH BEARS NORTH 37°28'02"WEST,A DISTANCE OF 62.50 FEET;5)ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL OF 201°29'42",AN ARC DISTANCE OF 219.80 FEET TO THE EASTERLY LINE OF THE YMCA PROPERTY; THENCE NORTH 25°22'25"WEST,ALONG SAID EASTERLY LINE,249.28 FEET TO THE NORTHEAST CORNER OF THE YMCA PROPERTY;THENCE NORTH 89°56'11"WEST,ALONG THE NORTH LINE OF THE YMCA PROPERTY, 740.00 FEET TO THE EAST LINE OF THE WEST 200.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 00°06'27"EAST,ALONG SAID EAST LINE 1560.16 FEET TO THE SOUTH LINE OF THE NORTH 300.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 89°27'33"EAST,ALONG SAID SOUTH LINE,693.58 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MIRABEAU PARKWAY;THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF MIRABBAU PARKWAY THE FOLLOWING 8 COURSES: 1)ALONG A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 56°'54'22"WEST,A CURVE DISTANCE OF 673.00 FEET,THROUGH A CENTRAL ANGLE OF 17°12'18",AN ARC DISTANCE OF 202.09 FEET TO A POINT OF TANGENCY;2)SOUTH 15°53'21"EAST,463.38 FEET,TO THE BEGINNING OF A CURVE TO THE LEFT THE RADIUS OF WHICH BEARS NORTH 74°06'39"EAST,A DISTANCE OF 727.00 FEET;3)ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 08°09'11",AN ARC DISTANCE OF 103.45 FEET TO A POINT OF TANGENCY;4) SOUTH 24°02'32"EAST,255.31 FEET,TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH ANGLE BEARS SOUTH 65°57'28"WEST,A DISTANCE OE 673.00 FEET;5)ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 20°29'03",AN ARC DISTANCE OF 240.61 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THE RADIUS OF WHICH BEARS NORTH 86°26'31"EAST,A DISTANCE OF 727.00 FEET;6) ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 38°36'08",AN ARC DISTANCE OF 489.81 FEET TO A POINT OF TANGENCY;7)SOUTH 42°09'36"EAST,26.61 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 47°50'24"WEST,A DISTANCE OF 673.00 FEET;8)ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 62°59'14",AN ARC DISTANCE OF 739.85 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; EXCEPT THAT PORTION CONVEYED TO SPOKANE COUNTY FOR DISCOVERY PLACE,ROAD FILE NO.2666,BY DEED,UNDER AUDITOR'S FILE NO.447291. Lease No. SRL 10-0068 June 7,2010 Page 13 of 14 Exhibit`B" Site Plan � r�',liiill nu • ra.... '"F 1. fq ! C,) M y�/fi 1 4.1..1-1 i $) i Ci i !nil; s •� "AIM--'-*.. 4, 1 al a ' + P ,: At, * kohl\ 41 •* *44k > 4 ,C6 III, \ , Ni. r • r. `4, .. �\ \ ,/ •:"* Lease No. SRL 10-0068 June 7,2010 Page 14 of 14 Exhibit"C" Janitor Services DAILY: • General cleaning 5-7 days a week after 5pm or after the last group/event leaves the building • Vacuum all carpet areas nightly(spot clean when necessary) • Doors,main entry doors and windows will be cleaned daily • Empty waste cans&recycle bins(clean when necessary) • Wipe down all surfaces within normal reach will be dusted and kept clean daily including counters,tables and sink areas • Sweep outside entrances, stairs and walkways • Clean windows as needed • All walls will be spot cleaned as necessary, so long as the removal of finger marks, etc., does not spoil the general appearance of the walls. • Walls switch cover plates clean when needed • Elevator doors will be cleaned and polished daily WEEKLY: • Clean and Dust as required(workstations surfaces,file cabinets,table tops,partition edges,walls,ceiling,ledges,baseboards,rails, stairways,banister,display cases,bookcases and corners) • Dust blinds as necessary • Carpets cleaned including corners weekly • Chair mats cleaned weekly • Waste containers will be cleaned and disinfected daily • All woodwork shall be cleaned and dusted weekly QUARTERLY(January,April,July,October): • Clean all windows inside and out • Door hardware will be polished quarterly • Remove light fixtures covers(where applicable)and thoroughly clean BI-ANNUAL(April,September): • Shampoo all carpeted areas • Dust and clean blinds(both sides); spot clean when necessary CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 19, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Report back to Council —Community Boulevard (CB) District Zone GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Council has requested that the Sprague/Appleway Sub-area Plan be revisited zone by zone with property owners involved in the process. On September 28, 2010, staff presented an overview of the Community Boulevard District zone to Council. On September 30, 2010, a community meeting was conducted at 8 am in Council Chambers to gather public input on the CB zone regulations. Staff is aware of the Council's future consideration on October 26 to revoke the Subarea Plan. However, this report is prepared in the same format as the previous Subarea Plan Issues and Concerns Report noting recommendations for changes where appropriate. At this time the City is not aware of any project proposals that would be affected by the concerns raised relevant to the Community Boulevard Zoning District. OPTIONS: The Council should consider the comments received as a result of the public outreach effort and direct staff on how to proceed. The Council may consider the following options: 1. Identify which issues and specific language to forward to Planning Commission for Code Amendments; 2. Identify specific issues to be addressed by Comprehensive Plan Amendment. 3. Take No Action 4. Other direction RECOMMENDED ACTION OR MOTION: This memo is for information only. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Kathy McClung, Community Development Director; Lori Barlow, Associate Planner ATTACHMENTS Report and PowerPoint Presentation Written Public Comments September 30, 2010 Meeting Sign-in Sheet and Meeting Transcript 2010 Ý±³³«²·¬§ Þ±«´»ª¿®¼ Æ±²·²¹ Ü·¬®·½¬ Î»°±®¬ ¬± Ý±«²½·´ Í«³³¿®§ ±º ×«» ¿²¼ Ý±²½»®² Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ Ý·¬§ ±º Í°±µ¿²» Ê¿´´»§ ïðñïïñîðïð Planning Division Ý±³³«²·¬§ Þ±«´»ª¿®¼ Æ±²·²¹ Ü·¬®·½¬ Í«³³¿®§ ±º ×«» ¿²¼ Ý±²½»®² Ý·¬§ Ý±«²½·´ ¸¿ ¼·®»½¬»¼ ¬¸» Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ ¬±½±²¼«½¬ ¿ ®»ª·»© ±º ¬¸» Í°®¿¹«» ¿²¼ ß°°´»©¿§ Ý±®®·¼±® Í«¾¿®»¿ Ð´¿² øÍßÎÐ÷ ®»¹«´¿¬·±² ©·¬¸ ½±³³«²·¬§ ·²°«¬ ¬¸®±«¹¸ ¿ »®·» ±º °«¾´·½ ³»»¬·²¹ò Ì¸· ®»°±®¬ °®±ª·¼» Ý±«²½·´ ¿ «³³¿®§ ±º °«¾´·½ ½±³³»²¬ ®»½»·ª»¼ ¼«®·²¹ ¬¸» Ý±³³«²·¬§ Þ±«´»ª¿®¼ øÝÞ÷ Ü·¬®·½¬ Æ±²» ®»ª·»© °®±½» ¿²¼ ¸·¹¸´·¹¸¬ °»½·º·½ ½±²½»®² ±º ¾«·²» ¿²¼ °®±°»®¬§ ±©²»®ò Ý±³³»²¬ ®»½»·ª»¼ ©·´´ ·²º±®³ Ý±«²½·´ ±º °±·¾´» ½¸¿²¹» ¬¸¿¬ ½±«´¼ ¾» ³¿¼» ¬± ³¿µ» ¬¸» ÍßÎÐ ®»¹«´¿¬·±² ³±®» ¿½½»°¬¿¾´» ¬± 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of 22)and introduced staff. Associate Planner Lori Barlowgave apresentation giving the background, intent and design of the Sprague and Appleway Corridor Subarea Plan and the Community Blvd zone. This is the discussion that came after the presentation: Fred Haitt, Walt’s Mailing –it really seems, I don’t have any hope of influencing anybody but I do want to say some things for the record. You are taking the way the Valley used to be, I was around the Valley in the 50’s and 60’s and we used to have everything you are talking about. It has all changed and went commercial down Sprague. Now you are trying to go back to what we had. Ok, I can see that. You people have traveled, you have seen beautiful cities and they have maintained what they had at that time. they were able to save beautiful buildings and revitalized them, you don't want to turn Sprague into a pedestrian place, where’s the traffic, I mean, who wants to live on Sprague? I don’t want to live on Sprague, a lot of people are going tobe forced to live on Sprague, I suspect that is where you are headed. You are taking, in your own presentation you tell me I can open a video store or a photography developing place. How well was that thought out? Blockbuster went bankrupt this week. AndIam not going to be developing a lot of filmin this decade or this century. You’vehave taken,the wealth in this country has been transferredtremendouslyand you are setting it up so people of moderate or low income have no chance of doing anything with the property they have now. You are absolutely forcing, you had a dreamhere that was great,if we would have kept it and started with it, it isgreat. Why don't you move to the river?Where you could have a City where people could consider pedestrian and enjoy? Think of what we have and quit trying to allow businesses to dictate how you are gonahelp themto get bigger and better. Isuspect that is all Ihave to say. Oh, why would you limit the monument signs?,What is the purpose of that? You peoplehave spent a bunch of moneyfiguring out all this stuff and making all these great regulations, is therea thought behind everyone of them or is it just keeping yourselves busy for the past two or three years? I will ask you Lori? Why would you limit what you can do with a monument sign? I mean four feet seems kind of low, I mean, why, what is the purpose? Lori: I have to concede first and foremostthat I wasn’t around during the development of the regulations, but from a professional opinion, I can only suspect that keeping the height lower is more consistentwith the pedestrian environment, keeping the height lower also reduces the obstruction potential for vehicles as they are passing. We are talking about an area where we are wanting to slow the traffic down, talking about an area where we want to encourage more pedestrianactivity, so all of the regulations relate back to creating this environment and relating it back to a more pedestrian scale environment. Mr. Haitt: On Appleway, not on Sprague, is that right?Maybe I just misunderstood where you are going. Good luck. Robert Shoenberg, I represent White Elephant stores down the block here, property for the White Elephant southern border is in the CB and along Appleway row. Is there any estimate of, it’s undeveloped at that point, is there any estimate when that is going to be built out? Are they even going to put a road down there? Kathy: That is still being debated. No, there isn’t an estimate. There are many, many issues to overcome. Mr. Shoenberg: Is there anybody seeking funds, federal funds, or anything like that to do something like that right now or that’s just basically in the talk stage? Arne Woodard, Woodard Properties, 2511S Best Rd. I just counted up, while we were doing the presentation, by your own admission, of uses that are lost by Community Blvd as opposed to the other two previous zoning types or forms, and I have not gone zone by zone, but just the ones that are not going to be include in CB is 86. I know we talk about we are not going to lose many uses and stuff but we have found zone by zone that that’s not true. I think the flexibility is still the issue we need to encourage business. We all come and talk about we are losing businesses, what is it going to take to draw business Community Blvd Community Meeting 9-30-10Page 1of 4 back or help them to expand and I believe that part of it is flexibility. Ease of getting their dream put together for their business or use of that land. I don’t care if it is residential or business. Thank you. Robert Olson representing H&H Molds, we all know what is going on with that and Idon’t know if Monaco Engineering is here as well but those businesses will be impacted, and they will close with this CB corridor especially if they have a fire loss or any kind of loss. I am just here to represent them I don’t know if Monaco’s here or not but as the gentleman prior to me said we are here to bolster businesses and I would rather have a Monaco and an H&H rather than maybe a photography studio, no offense to them but we try to hear. People have lived here a long timeand the City of Spokane Valley was encouraging businesses and it seems like we are going in the wrong direction. Thank you. Debbie Ellis, Empire Cycle and Powersport, I have a question, I guess, about the time limit of the non- conforming business being out before you cannot have it back in. I have had a realtor, actually two realtors, plus doing it on my own, trying to find renters to replace a business that went out in my building. We all know in these economic times there are not a lot of people out there starting newbusinesses, so I am getting close to a two-year period where I will not be able to have that non-conforming business back in, and I still want it. I am concerned that 24 months is too short a time for you to put a limit on non- conforming businesses during these economic times. Lori: I am not sure I picked up on a question but your point is well taken that you think the 24 month time period is not long enough, and we have heard that before, from other parties, for a non-conforming use. A man from the audience spoke this question but it was difficult to hear and he did not want to come forward, When you take the term non-conforming to the bank, it is very difficult to overcome that. You need to call it something else. Lori: Do you have any suggestions? Manfrom the background, Lori: Alternative. Man from Background: something other than non-something that doesn’t have non- My name is Stephen and I am looking at the Valley for building a new business, I live in the Valley, I have property in the Valley. There is a lot of time being spent on what you can do, this is what we want to do, how much time is being spent on actually bringing business in? and invitingthem to come in and doing anything to get them in? I have been to the City with plans and ideas. And it is like, how can I figure out to do what I want to do that meets the codes? The comments that there is not enough flexibility that’s true. The building codes that I saw, I don’t know all the details of all of them, but start with a list like this, and then it went to this and now you got one. That is restrictive. You need to open it up, invite people to come in. Creativity, think outside the box, and say ‘well this is not normal but it works’ a 2500 sf for a corner building, is that a black and white hard and fast rule or is that a guideline, is that a standard or is that a guideline? It is very hard for a business that has a certain idea to come in, say this is a great idea, it would work perfectly but I need 2600 sf. For a developer to work on a corner property and say well I have got to work within a certain black and white standard to develop this property to get business that is conforming. It makes it difficult. So going back to my first question, what is being done to actually bring in business? And not just talk about do or improve or change things? Kathy: we do not have a formal economic development program, it is something we have talked about a little bit but haven’t moved toomuch in that direction so far. Although that is something the Councilcould consider. When we do know about a particular business that is interested then we do respond to them, invite them to come in and meet with us. We also have a partnership with Greater Region in bringing businesses in but they do that for us. Your other question about what is being done about flexibility, as I mentioned this is the last zoning district within the plan that we are meeting on. We have already met with five other districts. We have already put some code changes, one batch has been adopted, there are others in various stages of being adopted but one of them at addresses your issue to some extent, is we did put Community Blvd Community Meeting 9-30-10Page 2of 4 some flexibility in so that when someone brings a development in and itis close then the director has the ability to approve it. Stephen: Ok, but what about square footage issues and developing properties within Community Blvd? Are they hard and fast rules or are they just guidelines? Kathy: I would say, Lori: Actually you can go above the 2500sf with a conditional use permit. You are outright allowed the retail uses we have talked about up to 2500 sf but you could go through an additional land use process to make a request to go above the 2500 sf. I think the other thing I heard you say was the City needs to provide more assistance to persons interested in developing property. Stephen: Yes, that is true and let me give you an analogy. I have been in the restaurant business. The times when you get complaints that is actually a small percentage of what is actually going on. Because most people won’t say anything they just won’t come back. So when you actually get a complaint, dealing with it, is important. When you hear someone that is interested in coming to the Valley witha business, then you work with them. Well that is a small percentage of the people who want tocome to the Valley. They look at the codes, they do the research and then they figure it is too difficult so they figure I am going elsewhere, so you never hear about them. So the point is, who is actually going out looking for the business? And getting the business to come in and that is more important. You have talked about having economic plan. I am sorry but talk is cheap, but you have a whole plan hereof what you want to do. Well do that with the economic development. Actually start working on getting business in and going out and soliciting it as business has to do. We have to go out and find out business to keep ourselves alive. Well that is whatthe Valley needs to do. Just waiting for someone to come for you to hear about, it is a small percentage. Susan Scott, They brought the corner store retail and the 2500 sf and you can go up to 5000 with a conditional use permit, which takes time, it also is dependenton you finding a unique use that is not used within, what is it, how many miles, one mile radius. What happens if you go to all the trouble to get that 5000 sf conditional use permit and then you have a tenant and you lose them and you can’t get that unique use back, how do you fill that space again or what prevents somebody else from coming in and doing what you are doing, there is no restriction on the outside areasif you find that use that they can’t come in a compete against you.it just seems like a kind of weird thing to put in there. My other question, comment, has to do with the minimumheight of buildings, and I realize you are trying to keep a look on that corridor but you had that in the City Center and you did away with it when the property owners there complained that it didn’t pencil out to build two story, and yet you are keeping that in this residential area, where it is even more difficult even, I think, to make things pencil out. As far as I can tell the Community Blvd is the only place that still requires two story buildings. It also makes somebody that is in the retail business have to be a landlord to fill that space upstairs. Am I reading that correct? That in order to be in compliance, you have to gotta have living quarters upstairs? Lori: You have to have an upper floor. Whether or not that is office or residential is, either of those uses are allowed, but I guess in either case you would still be a landlord. Mark Henderson, Pool World, I don’t have a question, I have a statement, I don’t think that very many people realize the impact of what they have done to businesses. Here is a real world situation, our property is bisected by the, your zoning jazz you have going on here. We are expanding our business, we are buying another building. We had propertythat, you made the statement a few minutes ago, that perhaps used to have an assessed value that was greater than an appraised value, that was greater than the assessed value, well now you have gone in andby bisecting non-conforming use and all these words we need money to expand the business to buy anotherbuilding. We’re very nervous that if the bank requires an appraisalof our property right now, because of what you have done with these regulations, there won’t be the equity necessary to borrow against it to expand the business and buy this other building. So these regulations could have just stopped economic development. Thank you very much. Shawna Reynolds and I live out here in the Valley, I am a graduate of Eastern Washington University and I am a business student, and my husband is in the restaurant business. We are searching for property to Community Blvd Community Meeting 9-30-10Page 3of 4 buy, to buy a business to open a business. The education I have about the zoning and the Community Blvd, I would not come to the Valley. I am a young business person, I have capital, I have excellent credit, we have a business plan and unfortunately I wonder how many people, just like me, who are trying to get educated, you are going to end up turning business away. And the sad thing is it sounds like we are trying to encourage business but because of all the regulations, all the rules, it is going to drive business away, it makes it impossible. We need a lot of square footage, we wouldn’t be able to open a business on the corner store Community Blvd residential zoning plan that is in place, that we are maybe trying to not change. It just concerns me because all schools do it put more people out and encourage business and it is not going to happen, not like this. So that is my piece. Kathy closed the meeting. Community Blvd Community Meeting 9-30-10Page 4of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting DateCity Manager Sign-off :October 19, 2010: ________ Item: Check all that apply : consent old business new business public hearing informationadmin. reportpending legislation Special Event Permit Code Change AGENDA ITEM TITLE : GOVERNING LEGISLATION :SVMC 5.15.080(J) PREVIOUS COUNCIL ACTION TAKEN :Adoption of Ordinance 08-024, establishing procedures for Special Event Permits. BACKGROUND :In 2008, the City Council passed Ordinance 08-024, which, among other things,establishedconditions for issuance of a Special Event Permit where participants would beseekingcharitable solicitations in City-owned rights-of-way.One of the conditions of issuance was that there be “sufficient documentation to demonstrate that all persons who will be entering the roadway in any manner related to the event have successfully completed the Spokane County Incident Traffic Control Program or its equivalent and that certification is current.” SVMC 5.15.080(J).Staff recently learned that this training is generally limitedto volunteers of the Sheriff Community Oriented Policing Effort (SCOPE). Fire District One has taken the training materials from the SCOPE training and has adapted them for purposes of internal training. Neither the SCOPE training nor Fire District One’s training is open to the public. Staff recommends that SVMC 5.15.080(J)be amended to specifically list the Washington Department of Transportation Flagger Certification as satisfying the safety training requirement. Such an amendment will give effect to Council’s original intent in adopting Ordinance 08-024, which was to allow citizens the ability to apply forSpecial Event Permits wherethe activity includes charitable solicitation in the rights-of-way. It also ensures that those soliciting in City- ownedrights-of-way receive adequate trafficflow andsafety training to further the City’s fundamental interest in traffic flow and safety. OPTIONS :1) Place on agenda for first reading; 2) Request that additional changes be made to proposed ordinance. RECOMMENDED ACTION OR MOTION :Consensus to place this on an upcoming agenda for a first reading of an ordinance amending SVMC 5.15 as noted above. BUDGET/FINANCIAL IMPACTS :N/A STAFF CONTACT :Cary P. Driskell, ActingCity Attorney ATTACHMENTS :Ordinance 10-*** DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 10-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) 5.15.080 REGULATING TO THE ISSUANCE OF SPECIAL EVENT PERMITS, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City Council recognizes, as evidenced by its prior adoption of SVMC 8.25.025 Solicitation from Vehicle Occupants Prohibited, SVMC Chapter 5.15 Special Events, and the Model Traffic Ordinance, that there are inherent traffic flow and safety risks associated with pedestrian-vehicle interaction; and WHEREAS, the City has a fundamental interest in traffic flow and safety; and WHEREAS, the City’s fundamental interest in traffic flow and safety is furthered when special event participants seekingcontributions in the rights-of-way receive traffic flow and safety training;and WHEREAS, SVMC Chapter 5.15 allows, if certain conditions related to traffic flow and safety are met, issuance of special event permits where participants seek contributions in City rights-of-way;and WHEREAS, one such conditionrelated to traffic flow and safety is successful completion of the Spokane County Incident Traffic Control Program or its equivalent; and WHEREAS, the City Councilrecognizes Washington State Department of Transportation Flagger Certificationasequivalent to the Spokane County Incident Traffic Control Programfor the purposes ofSVMC 5.15.080(J). NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose.The purpose of this Ordinance is toclarify that, for purposes of SVMC 5.15.080(J), Washington State Department of Transportation Flagger Certification is equivalent to the Spokane County Incident Traffic Control Program. Section 2. Amending SpokaneValley Municipal Code Chapter 5.15.080.SpokaneValley Municipal Code Section 5.15.080 is amended as follows: 5.15.080 Permit –Issuance standards. The parks and recreation director shall notissue a special event permit if: A. The time, route, or size of the event will unreasonably disrupt the movement of traffic along streets; B. The size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties; C. The applicant failed to remit all fees, documents, or proof of bonds;. D. The applicant has failed to conduct a previously authorized special event in accordance with law or the terms of a permit, or both; Ordinance 10-___ Amending SVMC 5.15.080Page 1of 2 DRAFT E. The police department or City traffic engineer fails to sign the permit due to traffic or other safety concerns; F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or facilities; G. The applicant has not provided sufficient off-site parking or shuttle service, or both, when required to minimize substantial adverse impacts on general parking and traffic circulation caused by the event; H. The special event will substantially interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled special events or governmental functions; I. The special event would block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on streets designated as arterials by the City’s public works department; J. Any of Tthe following provisions for charitable solicitation in the rights-of-way occur: 1.The applicant or organization represented by the applicant has been granted a special event permit by the City to engage in charitable solicitation in the City rights-of-way within the preceding 12 months;. 2.The applicant fails to provide sufficient documentation to demonstrate that all persons who will be entering the roadway in any manner related to the event have successfully completed the Spokane County Incident Traffic Control Program or its equivalent, including Washington State Department of Transportation Flagger Certification,and that certification is current;or. 3.The applicant fails to provide sufficient documentation to demonstrate that all persons who will be entering into the roadway in any manner related to the event are at least 18 years of age on the day of the event. Section 3. Remainder ofSVMC 5.15Unchanged. The remaining provisions of SVMC 5.15 are unchanged by this amendment. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5 .Effective Date. This Ordinance shall become effective five days after publication of the Ordinance, or a summary thereof, in the official newspaper of the City. Adopted this ______ day of , 2010 City of Spokane Valley Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form : Office of the City Attorney Date of Publication: __________ Effective Date: ___________ Ordinance 10-___ Amending SVMC 5.15.080Page 2of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off October 19, 2010 : ________ Item: Check all that apply : consent old business new businesspublic hearing informationadmin. reportpending legislation AGENDA ITEM TITLE: Panhandling Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN : SVMC 8.25 Regarding Aggressive Begging (Panhandling). BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: None. BUDGET/FINANCIAL IMPACTS : STAFF CONTACT :Rick VanLeuven, Police Chief ___________________________________________________________________________ ATTACHMENTS :PowerPoint Presentation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off October 19,2010: _______ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Semi-Truck Parking GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Whena complaint is received regarding presumed illegal semi-truck parking, it can be handled in several ways. These types of complaints are usually directed to our Traffic Unit, whichis overseen by Sgt Zollars. Heeither assigns deputies to investigate the complaint, investigates it himself, or if it is outside the timeframe or days that Traffic officers work, he asksa Patrol unit to do the investigation. Other parking complaints are handled in the same manner. Our approach to the investigationis to first look at the location stated in the complaint. If the vehicle is not there, we check nearby. This is because of the size of a semi-truck; they cannot always park in the same spot and will frequently park close by. If located, we will verify that it is not parked inside of any lane striping, on the curb, or on a bike lane if designated. We will also verify that it is parked far enough away from the intersection to be legally parked and not constitute a sight obstruction hazard.We are very cognizant of potential traffic or parking hazards that could result in a collision and we will mitigate these issues promptly. Previous complaints dealing with semi-parking issues that were given to the Spokane Valley Police Dept. have been handled in the following manner:Last Spring, Sgt. Zollars checked several times on a semi- parking complaint at Wellesley and Rees. This complaint was received by email several times. After the initial complaint, he received several updates (usually at night or on his days off). Sgt. Zollars emailed the complainant asking for a phone number and address. He wanted to speak directly with the complainant, at his residence, and have him show him where the truck parked and driver lived. He received no response. We werenever able to contact that driver, nor locate the truck. Sgt. Zollars did go door-to-door and located a residence of a truck driver;however, the truck driver and the truck were not there.The daughter of the truck driverwas asked to pass the message to her dad that he ensure he was legally parked when he was home and did not create a sight obstruction hazard. She was provided with Sgt. Zollar’s card and told to have her dad call if he had questions. No phone call was received, nor another complaint. There was a different truck that was complained about; that driver was contacted and was very cooperative. On another occasion, OfficerBonin checked the area of 6th and Rees for complaints about a truck and construction trailers. He went door-to-door, located the truck and trailer owner, and obtained compliance. We have not received any additional complaints in that area. Due to their transient work schedule, it may take time to locate a truck driver's residence and/or talk directly to them, but overall, we have enjoyed good compliance from truck drivers. OPTIONS: RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS :N/A STAFF CONTACT : Chief Rick VanLeuven _____________________________________________________________________ ATTACHMENTS None DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of October 13,2010;4:00p.m. Please note this is a work in progress; items are tentative To:Council & Staff From: City Clerk, by direction of City Manager Re:Draft Schedule for Upcoming Council Meetings October 26, 2010, Formal Meeting Format, 6:00 p.m.[due date Mon, Oct 18] 1. Consent Agenda (Claims, minutes, payroll)(5 minutes) 2. Motion Consideration: Legislative Agenda(10 minutes) 3. Motion Consideration: Elimination of Subarea Plan as part of Comp plan process–K.McClung (30 minutes) 4. Motion Consideration: Commence Emer. Comp Plan Amedmnt for City Ctr Zone –K. McClung (20 minutes) 5. Admin Report: Easement Extinguishment Request –Cary Driskell(10minutes) 6. Admin Report: Public Record Amendments –Cary Driskell(10 minutes) 7. Admin Report: Planning Commission Work Program –Kathy McClung (15 minutes) 8.Admin Report: Advance Agenda(5 minutes) [*estimated meeting: 105minutes] 9. Info Only: Dept Reports November 2, 2010, Study Session Format, 6:00 p.m.[due date Mon, Oct 25] 1. Electronic Cigarettes –Spokane Regional Health District Health Specialist Julie Scholer (20 minutes) 2. Spokane Transit Authority Presentation –Susan Meyer(30 minutes) 3. Broadcasting Options –Greg Bingaman (20 minutes) 4. Admin Report: Code Text Amendment CTA 08-10(Mixed Use)–MickiHarnois(20 minutes) 5. Special EventPermit Code Change –Cary Driskell (15 minutes) 6. Advance Agenda(5 minutes) [*estimated meeting: 120minutes] Wed, Nov 3, 2010, 1:30 p.m. Regional Governmental Animal Control Mtg. Spokane Co.Fair & Expo Center, Bay 4 November 9, 2010 Formal Meeting Format, 6:00 p.m.[due date Mon Nov 1] 1. Consent Agenda (Claims, minutes, payroll)(5 minutes) 2. First Reading Proposed Ordinance, Public Record Amendments –Cary Driskell(15 minutes) 3.First Reading Ordinance Amending Mixed Use, Code Text Amendment CTA 08-10–MickiHarnois (20 min) 4. Proposed Resolution Amending Fee Resolution –Ken Thompson(15 minutes) 5. Advance Agenda(5 minutes) 6. Info Only: Working Committees [*estimated meeting:60minutes] 7. EXECUTIVE SESSION November 16,2010, Study Session Format, 6:00 p.m.[due date Mon, Nov 8] Action Items : 1. Second Reading ProposedOrdinance Amending Mixed Use, CTA 08-10–Micki Harnois (10 minutes) Non-Action Items: 2. Hotel/Motel Grant Proposals for 2011 –Ken Thompson (20 minutes) 3.Street Maintenance Facility Site Discussion –Neil Kersten (15 minutes) 4. Admin Report: Fee Resolution Proposed Changes –Ken Thompson(15 minutes) 5. Budget for 2010 –Ken Thompson (10 minutes) 6. Advance Agenda(5 minutes) [*estimated meeting: 75minutes] November 23, 2010 Thanksgiving Week (tentative, no meeting) November 30, 2010, Tentative No Meeting: Council attends NLC in Colorado (Nov 30-Dec 4) Draft Advance Agenda 10/14/2010 3:13:05 PM Page 1of 2 December 7, 2010, Study Session Format, 6:00p.m.[due date Mon, Nov 29] ACTION ITEMS: 1. PUBLIC HEARING: Amending2010 Budget –Ken Thompson (10 minutes) 2. First Reading ProposedOrdinance Amending 2010 Budget –Ken Thompson (10 minutes) NON-ACTION ITEMS: 3. Poe Contract –Neil Kersten (15 minutes) 4. AAA Sweeping/VactoringContract –Neil Kersten (10 minutes) 5. Advance Agenda(5 minutes) [*estimated meeting: 50minutes] 6. Info Only: Department Reports (normally for the Nov 23 meeting) December 14, 2010, Formal Meeting Format, 6:00 p.m.[due date Mon, Dec 6] 1. Consent Agenda: Minutes, Claims, Payroll(5 minutes) 2. Second Reading ProposedOrdinance Amending 2010 Budget –Ken Thompson (10 minutes) 3. Second Reading Proposed Ordinance Amending Public Record –Cary Driskell(15 minutes) 4. Motion Consideration: Approval of Poe Contract –Neil Kersten (10 minutes) 5. Motion Consideration; Approval of AAA Contract –Neil Kersten (10 minutes) 6. Motion Consideration: Allocation of Hotel/Motel Grant Proposals for 2011 –Ken Thompson (15 min) 7. Motion Consideration: Mayoral Appointments (Planning Commission, etc.)(15 minutes) [*estimated meeting: 80minutes] December 21, 2010, Christmas Week (tentative, no meeting) December 28, 2010, Formal Meeting Format, 6:00 p.m.[due date Mon, Dec 20] 1. Consent Agenda: Minutes, Claims, Payroll(5 minutes) 2. Info Only: Department Reports January 4, 2011, Study Session Format, 6:00 p.m.[due date Mon, Dec 27] OTHER PENDING AND/ORUPCOMING ISSUES/MEETINGS: Affordable Housing ParticipationStreet Maintenance Facility Alternative Analysis (contracts)Transportation Benefit District Interlocal Area Agency on AgingTransportation Benefit District: (a). Establish ord.; Bidding Contracts (SVMC 3. –bidding exceptions)(b) set public hearing; (c) draft resolution; (d) ballot Capital Projects Fundinglanguage Chickens in Residential AreasTransportation Impacts Clean Air AgencyWastewater Treatment Plant ConcurrencyWIRA, Water Protection Commitment, public East Gateway Monument Structure#education Jail Update Liquor Initiatives#=Awaiting action by others Milwaukee Right-of-way*= doesn’tincludetime for publicor council Overweight/over size vehicle ordinancecomments Parking/Paving Options(Development paving options for driveways, etc.) Reimbursement Assessment Amendment Signage (I-90) Solid Waste Amended Interlocal Special Events Permit Training Speed Limits SpragueAppleway Corridor Environ.Assessment Sprague Avenue: One-way vs. two-way Draft Advance Agenda 10/14/2010 3:13:05 PM Page 2of 2 Í Í 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 cityhall@spokanevalley.org Memorandum To: City Manager, Mayor and City Council From: Mike Basinger, AICP –Senior Planner CC: Mike Jackson, Kathy McClung Date: October 13, 2010 Re: Spokane County Urban Growth Area Update Spokane County and its cities and towns are collaborating on a regional update of the Spokane County Urban Growth Area (UGA).The UGA is intended to accommodate 20 years of projected population growth and includes already developed urban land and areas planned for urban services.A review of the UGA is required every 10 years to ensure that there is adequate capacity to meet the needs of new growth and development in the subsequent 20 year planning period. The Spokane County Comprehensive Plan and UGA were adopted in 2001 and the deadline for the ten year UGA review is November 2011.The County and City Planning staffs have completed a detailedland quantityanalysis contained in the attached Planning TechnicalAdvisory Committee (PTAC)Summary Report for City Council review. The purpose of the report is to determinethe potentialpopulation capacity of developable lands thatare already inside the existing UGAto ensure that there isadequateland designated for future urban development.The landsupply evaluation also identifies sensitive environmental areas so that development isdirected away from these areas.The results of this report indicate that there is currentlyadequate capacitywithin existing UGAsto meet future needs for growth and development. The Planning Technical Advisory Committee (PTAC) will be presenting this report to the Growth Management Steering Committee of Elected Officials(SCEO)onWednesday, October 20, 2010at 9:00am, second floor board room of the Spokane Transit Authority. The SCEO will review the PTAC report and ultimately make a recommendation to the Spokane County Board of County Commissioners (BoCC). The remaining tasks include public participation efforts, environmental review, and capital facilities planning. If you have any questions or concerns, please do not hesitate to contact me at 720-5331 or mbasinger@spokanevalley.org Urban Growth Area Update Land Quantity Analysis for Unincorporated Spokane County September 8, 2010 Unincorporated LQA for Spokane County Table of Contents Introduction .........................................................................................1 Population Forecast .............................................................................2 Population Allocation ...........................................................................3 Residential Land Quantity Analysis ...................................................4 Methodology and Study Assumption................................................4 Population Capacity, Unincorporated UGAs....................................8 Residential LQA Maps .....................................................................9 Commercial Land Quantity Analysis ................................................15 Methodology...................................................................................15 Applying Methodology to Unincorporated Spokane County...........17 Other Commercial Economic Studies and Analysis.......................18 Industrial Land Quantity Analysis ....................................................19 Methodology and Analysis..............................................................19 2000 Industrial Land Study.............................................................20 Appendices A. Adopted Land Quantity Methodology for Spokane County B. Rural Population Analysis C. Single Family Residential Density Analysis D. Multifamily Residential Density Analysis E. Persons per Household Analysis F. 2000 Industrial Land Study Unincorporated LQA for Spokane County INTRODUCTION The purpose of this report is to provide an evaluation of land quantity and population capacity in Spokane County’s unincorporated Urban Growth Areas (UGAs). State Law (RCW.36.70A.130(3)(a)) requires Spokane County to review its UGA every 10 years and make modifications if necessary. The County’s Comprehensive Plan was initially adopted on November 5, 2001 (BoCC res. # 01-1059) necessitating a review of the UGA before November 5, 2011. RCW 36. 70A.130(3). (3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. (b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215. TheCountywide Planning Policies provide guidance in developing land quantity and population capacity studies in Policy Topic 1, Urban Growth Areas, Urban Policy # 3 as follows: 3. Each jurisdiction will initially determine land capacity by that particular jurisdiction’s ability to accommodate growth within current city limits or within unincorporated areas of the county using the Department of Community, Trade and Economic Development’s (CTED) guidelines for designating Urban Growth Areas (“Issues in Designating Urban Growth Areas Part I -- Providing Adequate Urban Area Land Supply,” March 1992, or as revised, and “The Art and Science of Designating Urban Growth Areas Part II -- Some Suggestions for Criteria and Densities,” March 1992, or as revised). Jurisdictions shall use as primary criteria the availability and capacity of urban governmental services and public facilities. The CTED guidelines were reviewed in 1995 by the Land Use Technical Committee which was a subcommittee of the Steering Committee of Elected Officials (SCEO). The Technical Committee consisted of elected officials, staff, and professional experts in land use. The Technical Committee modified the CTED Guidelines to reflect local conditions and forwarded their recommended methodology to the SCEO. On November 3, 1995 the SCEO adopted the Technical Committee’s recommendation in a document titled, Land Quantity Analysis Methodology for Spokane County. This methodology has been used in all subsequent land quantity studies in Spokane County and is included as Appendix A. Errata for previous 2008 Land Quantity Analysis In the process of evaluating the 2010 land quantity, an error in the previous 2008 land quantity analysis was discovered. In 2008 the market factor was not applied correctly to 1 Unincorporated LQA for Spokane County certain vacant and partially used parcels which resulted in an underestimate of capacity of approximately 8,000 people. POPULATION FORECAST The Board of Commissioners for Spokane County adopted a population forecast for planning purposes on June 9, 2008 (BCC resolution 2009-0531). The forecast utilized the Office of Financial Managements medium forecast for Spokane County plus an addition buffer of 17,225 people. Following are the adopted projections: Table 1 - Population Forecast for 2031 OFM Middle Range Population Projection 2031 595,201 plus County Assigned Buffer (12.5% of Proj. Grwth) 17,025 Spokane County 2031 population forecast 612,226 Table 2 - Population Growth within Urban Growth Areas Spokane County 2031 population forecast 612,226 minus 2008 County Population Estimate 459,000 minus Projected growth in rural area 38,307 Population growth for 2031 in UGAs 114,919 2 Unincorporated LQA for Spokane County POPULATION ALLOCATION The Board of Commissioners population forecast (BCC resolution 2009-0531) included allocation of the projected population to cities and unincorporated urban growth areas. The allocations were based on a land quantity analysis that was performed in 2008. Following are the adopted allocations for each jurisdiction: Table 3 Allocation for Unincorporated Urban Growth Areas Small City UGAs Allocation Metro UGAsAllocation City of Cheney 748 Airway Heights JPA 752 City of Deer Park 441 Alcott JPA 681 City of Medical Lake 567 Hillyard JPA 352 Town of Spangle 0 Indian Canyon JPA 90 Town of Latah 0 Moran/Glenrose JPA 821 Town of Fairfield 2 North Metro UGA 11,455 Town of Waverly 5 North Metro UGA - JPA 1,984 Town of Rockford 72 Seven Mile UGA - JPA 1,053 Subtotal1,835 Shawnee UGA - JPA 35 Upriver UGA - JPA 655 ValleyUGA 8,138 West Plains UGA - JPA 178 West Plains /Thorpe UGA-JPA 5,915 UnassignedUGAallocation1,122 Subtotal 33,231 Total Unincorporated UGA = 35,066 Table 4 Allocation for Cities and Towns Airway Heights 1,674 2,527 Cheney Deer Park 2,540 Table 5 Fairfield 276 Allocation Summary Latah 108 Liberty Lake 7,433 Cities and Towns 79,853 Medical Lake 738 Small City UGAs 1,835 Millwood152 Rockford262 Metro UGAs 33,231 Spangle350 Rural 38,307 Spokane45,000 Spokane Valley 18,746 Total Allocation 153,226 Waverly47 Total for Cities/Towns 79,853 3 Unincorporated LQA for Spokane County LAND QUANTITY ANALYSIS Each jurisdiction is responsible for developing its own LQA report to provide quantitative information for existing and future urban areas to support residential and non-residential growth. This information is then used by the Steering Committee of Elected Officials, each jurisdiction’s elected officials, the Board of County Commissioners, and the public to designate and/or update Urban Growth Areas (UGAs). County-wide Planning Policies direct the County and its jurisdictions to utilize the Land Quantity Analysis methodology (LQA) developed by the Washington State Department of Community Trade and Economic Development and from the guidebook, “Issues in Designating Urban Growth Areas.” This methodology, as modified by the Land Use Technical Committee, was adopted by the Steering Committee of Elected Officials on November 3, 1995. This report analyzes the land quantity using the most current 2010 data. The analysis also incorporates an air photography review to ensure accuracy of assessor data and other methodology. The methodology and its application to unincorporated Spokane County are summarized as follows: Step 1 Identify lands which are potential candidates to accommodate future growth. For residential land quantity these lands fall under 3 categories: Preliminary and final plats Lots that are within preliminary and final plats that have not been built on are considered as available and calculated at one dwelling unit per lot. Vacant land Vacant lands are identified as parcels with an improved value of less than $40,000, however if the parcel had a value of less than $40,000 and contained a manufactured home it was not counted as vacant. Partially used land Partially used land is land that has some existing residential development but has enough vacant land on the site to be redeveloped. Partially used residential land must include enough acreage to be subdivided into 5 or more lots based on existing zoning. One exception to the partially used method is applied on property owned by Kaiser Aluminum in unincorporated north Spokane County. This property is subject to a development agreement which limits residential capacity in the proposed mixed use area to 1,700 people. Step 2 Subtract all parcels that your community defines as not developable because of physical limitation. In most cases throughout unincorporated Spokane County the development of land to some degree or another is possible with mitigating measures. While recognizing that most land has development potential, it is also recognized that certain properties have physical and/or regulatory constraints. These constrained properties may never develop or may be developed at densities less than allowed by zoning. Therefore, certain lands identified as containing a physical limitation are subtracted from the initial residential land supply pool. These include the following critical areas deductions: 4 Unincorporated LQA for Spokane County Critical areas deduction Wetlands Identified wetlands and an associated 100 foot buffer area are subtracted from land inventory. Fish and Wildlife Streams and associated riparian area buffers are subtracted from the land inventory. GeologicallyCertain geologic units and slopes over 30% are deducted from Hazardous Areas available land inventory. The geologic units include alluvium, mass wasting deposits and the Latah formation. The above deductions amount to a 10.2% reduction of available land supply. Step 3 Subtract lands that will be needed for other public purposes. Land needed for public purposes is addressed in two different manners. In the first case, land that would be necessary for new infrastructure, primarily for road right-of-way, was subtracted from the acreage figures generated in Step #1. A standard 20% reduction was taken from residential land initially identified as vacant or partially-used. In the case of preliminary and final plat lots, no reduction was made since their status as a platted lot implies the existing provision for roads and other infrastructure. In the second instance, the Spokane County Assessor’s property class codes and exemptions were used to identify lands that may appear to be vacant but, in reality, are not available for residential development. These situations involve both public and private properties owned by entities such as utility companies, school districts, or parks departments. Table 6 illustrates the Assessor land use codes and exemptions that are deducted from the vacant land supply. Table 6 - Assessor Codes and Exemptions 41 Trans – Railroad 67 Service – Governmental 76 Park 42 Trans – Motor 68 Service – Educational 77 Churches 43 Trans – Aircraft 71 Cultural Activity 79 Other Cultural 44 Trans – Marine 72 Public Assembly Cemetery Exempt 45 Trans – Highway 73 AmusementDoR Institutional Exempt 46 Trans – Parking 74 Recreational Government Property Exempt 47 Communication 75 Resort- CampingOperating Property Exempt 48 Utilities State Levy Exempt 49 Trans – Other Public Schools Exempt In addition to the above, the Fairways golf course, Spokane County Club and Pine Acres golf course were removed from the available land inventory. Step 4 Subtract all parcels which your community determines are not suitable for development for social and economic reasons. Deduction for parcels with low improvement value Parcels appraised at less than $500 land value per Assessor’s code are removed from the available land supply. 5 Unincorporated LQA for Spokane County Deduction for parcels with high improvement value Single family residential parcels that have an improvement value greater than 3 times the lot area are considered unlikely to redevelop and are excluded from available land supply. Step 5 Subtract …that percentage of land… which you assume will not be available for development within your plan’s 20 year time frame. In the adopted Land Quantity Analysis Methodology for Spokane County, a technical committee of elected officials and technical experts determined that a build-out factor of 70% was an acceptable average countywide. Therefore, Spokane County assumedthat approximately 30% of the total land identified would not be available for development during the 20-year planning horizon. This deduction is not applied to preliminary or final plat lots since the economic investment of gaining approval suggests that all such lots will be available for development. Step 6 Build a safety factor Building a safety factor is considered a local methodology option to be used if a jurisdiction is not able to monitor land supply and consumption on a regular basis. Spokane County has not employed a safety factor in past studies and has GIS capabilities enabling effective monitoring. Additionally, an amendment to the Countywide Planning Policies in 2008 established a strategy for monitoring population growth and mandating land quantity and population capacity studies when certain growth triggers are met. This strategy is intended to ensure that adequate land supply will be monitored and maintained throughout the planning horizon. Step 7 Determine total capacity. Assumptions Residential zones Low Density Available vacant land is counted at 4 dwelling units per acre. Medium Density Available vacant land is counted at 11 dwelling units per acre. High Density Available vacant land is counted at 21 dwelling units per acre. Note: Small town UGAs are assumed to develop at 4 units per acre with the exception of Airway Heights UGA. The Airway Heights UGA is not expected to include residential use considering the proximity to Fairchild Air Force Base and other adjacent commercial/industrial uses. Mixed use, commercial and industrial zones Mixed Use Within the Mixed Use zone, 30% of available vacant land will be counted for residential use at 11 units per acre. Light Industrial No residential use within Light Industrial if located in the West Plains. Other Light Industrial areas allow residential use and 30% of available vacant land will be counted for residential use at 11 units per acre. 6 Unincorporated LQA for Spokane County Heavy Industrial No residential use in heavy industrial zones. Commercial No residential use in commercial zones. Population per dwelling unit Single Family Dwelling Units are assigned a value of 2.5 residents per household. Multifamily Dwelling Units are assigned a value of 1.5 residents per household. 2010 Population Forecast/Capacity for Rural Spokane County Rural population growth is estimated at 20% of the total growth for Spokane County. The estimate was obtained utilizing building permit data and population estimates from 2004 to 2009. Table 8 illustrates the ratio of rural growth compared to overall growth for Spokane County. The expected growth in rural areas for 2031 is 29,100 people based on a 20% allocation of the total forecasted population increase of 145,502. Table 7 Rural Growth as a % of Total Population Growth 12 Spokane CountyRural% Rural Year (total pop. growth) (outside UGA)(total / rural) 2004 4,300 1,030 24 % 2005 7,500 1,303 17 % 2006 7,400 1,485 20 % 2007 7,800 1,610 21 % 2008 6,000 1,075 18 % 20 % Total 33,000 6,503 1. WA State Office of Financial Management estimates 2. Based on residential building permit activity, Spokane County Data Air Photography Review A final step in the analysis included a review of recent air photography to compare the results of the GIS analysis to the existing landscape and identify any major errors or anomalies. The review identified a number of anomalies including mislabeled parcels and Bonneville Power Administration easements that restrict structures. The LQA was modified to exclude the identified areas from lands available for development. 7 Unincorporated LQA for Spokane County 2010 Population Capacity for Unincorporated UGA The unincorporated UGA for Spokane County includes: 3,059 acres of vacant land 1,613 acres of partially used land 3,502 preliminary platted lots Table 8 illustrates the 2010 population capacity for unincorporated urban growth areas using the adopted land quantity methodology and assumptions as described in this report. A map depicting available land for unincorporated UGA areas is provided on pages 9 through 14. Table 8 2010 Population Capacity - Metro Unincorporated Urban Growth Areas Total Single family Multi-family capacity 0 Airway Heights UGA - JPA 0 0 1,240 Alcott UGA - JPA 1,240 0 605 Hillyard UGA - JPA 0 605 110 Indian Canyon UGA - JPA 110 0 1,349 Moran/Glenrose UGA - JPA 1,145 204 10,961 North Metro UGA 7,386 3,575 517 North Metro UGA - JPA* 60 457 1,298 Seven Mile UGA - JPA 1,268 30 28 Shawnee UGA - JPA 28 0 918 Upriver UGA - JPA 613 305 12,018 1,079 13,097 Valley UGA 9,037 669 9,706 West Plains UGA - JPA 584 Cheney UGA 584 0 1,153 Deer Park UGA 1,153 0 506 Medical Lake UGA 506 0 298 Spangle UGA 298 0 216 Latah UGA 216 0 78 Fairfield UGA 78 0 3 Waverly UGA 3 0 356 Rockford UGA 356 0 Total 36,099 6,924 43,023 * Development agreement for Kaiser site includes capacity of 2,550 multifamily and 850 single family 8 Unincorporated LQA for Spokane County 10 Unincorporated LQA for Spokane County COMMERCIAL LAND QUANTITY ANALYSIS Methodology A methodology for determining commercial land quantity was adopted by the Steering Committee of Elected Officials on March 15, 1996 and is included in a report titled, “Land Demand Allocation and Ratio Development Methodology.” The report was developed by the Commercial and Industrial Land Demand Allocation Technical Committee which included technical and professional experts in the field. Following is the methodology and descriptive text that was adopted by the Steering Committee: Commercial Land Demand Determination Formula Definitions 1. PA / CP = GF 2. GF X CA = CAD 3. CAD X LUF = ACAD 4. ACAD X MF = TCAD 5. TCAD – CAZ = Additional Commercial Acreage Needed Population Allocation (PA):The official population allocation to each jurisdiction by the Spokane County GMA Steering Committee. Current Population (CP):the Office of Financial Management final estimate of population in each jurisdiction. Growth Factor (GF):the factor by which a jurisdiction will grow in population over a twenty year time period (population allocation divided by the current population). Commercial Acres in Use (CA):The amount of land actually being usedfor commercial purposes within a jurisdiction. This information is often found in a jurisdiction’s land use inventory. Commercial Acres of Demand (CAD):The amount of commercial land needed within a jurisdiction over a twenty year period. Land Utilization Factor (LUF):the purpose of the land utilization factor is to balance jurisdictional flexibility with a minimum standard in determining commercial growth. One element of the LUF may be a percentage determined by the Steering Committee that mandates jurisdictions to use their land more efficiently for commercial uses (for example, reduce site area by 10% due to lower requirements for surface parking). Jurisdictions may add other variables in the LUF that can raise or lower the factor to reflect local options/desires in commercial growth. (For example, the community’s desire to increase commercial activity within a jurisdiction would raise this factor). Adjusted Commercial Acres of Demand (ACAD):The result of multiplying the amount of land needed over the next twenty years by a land utilization factor that will result in a growth pattern anticipated by each jurisdiction. 15 Unincorporated LQA for Spokane County Market Factor (MF):A land market supply factor used by each jurisdiction as a cushion in determining how much land will be needed over the next twenty years. The concept tries to balance the competing issues of contributing neither to sprawl nor to increased housing prices. It recognizes that not all land designed for UGA uses can be expected to come on the market over the twenty year planning period. A market factor of up to 25% was recently determined by the Central Puget Sound GMA Hearings Board (Kitsap County case) to be presumed reasonable. Any larger factor would be closely scrutinized by the Central Board. While this case did not address market factors specific to cities it suggests that jurisdictions using market factors in excess of 25% will need to document why the higher rate is appropriate. The commercial land formula uses 25% or a 1.25 factor. Jurisdictions planning with a higher market factor will need to demonstrate why a higher rate is more appropriate. (TCAD) Total Commercial Acres of Demand: The amount of land, adjusted for utilization and market factors, that a jurisdiction anticipates will be needed after twenty years of commercial growth. (CAZ) Commercial Acres Zoned:The number of acres zoned for commercial use by a jurisdiction. 16 Unincorporated LQA for Spokane County Other Commercial Economic Studies and Analysis City of Spokane Valley, Economic Analysis In 2007 the City of Spokane Valley employed Gibbs Planning Group to conduct an economic study to assist in their planning efforts. The study included a regional analysis that addressed the land quantity needs for commercial development. Due to the relative remoteness of Spokane, the report concluded that it is likely that the total Spokane trade area extends 100 miles or beyond. The 100 Mile Trade Area would account for the largest potential demand for retail and restaurants in the greater Spokane region. Within the 100 Mile Trade Area, most categories are over-supplied especially jewelry, sporting goods and books. A small demand was indicated for home furnishing, appliances, electronics and limited service restaurants. The overall 2006 retail sales (existing supply) was estimated at $9.48 billion, while the 2006 overall consumer demand was estimated at $8.17 billion yielding retail over-supply of $1.31 billion. This results in an existing over-supply of up to 4.7 million square feet of retail space in the Spokane Region. The Real Estate Report The Real Estate Report is a regional research report on Spokane, Kootenai and Bonner Counties. The report includes a collection of public and private data assembled by volunteers within the finance, real estate and governmental sectors in the Spokane area and provides a wide variety of local and regional real estate data. Vacancy rates for office and retail uses are tracked within the report and provide some insight into regional supply as it relates to existing commercial buildings. The report identifies 2010 vacancy rates for suburban office space in Spokane County that range from 10 to 20 percent. Suburban retail space vacancy rates range from 6 to 12 percent. Within the Spokane CBD the vacancy rate for office is currently 14% and the vacancy rate for retail is 12%. 18 Unincorporated LQA for Spokane County INDUSTRIAL LAND QUANTITY ANALYSIS Methodology The industrial employment forecast for 2031 is determined using a ratio method that compares industrial employment to total population. This forecast is needed to determine the adequacy of industrial lands to meet the land quantity needs for the 2031 planning horizon. The forecast and needs analysis involves several steps as follows: 1. Establish a ratio of industrial employment to total Population The ratio is established using the 2000 census which includes detailed employment data for industrial employees. The categories considered as industrial include construction, manufacturing, wholesale trade; transportation and warehousing, and utilities. In the year 2000 there were 49,344 people employed in these industrial categories. Since the land quantity analysis focuses on urban growth area needs, rural industries such as agriculture, forestry and mining are not included. This number is compared to the total population for 2000 (417,939) to determine a percentage ratio as follows: 49,344 divided by 417,939 = 0.118 or 11.8% 2. Estimate industrial employment for 2010 Estimating industrial employment for 2010 can be achieved by applying the ratio established in step 1 to the 2010 population for Spokane County. The equation is illustrated as follows: 2010 population x 0.118 = Industrial employees for 2010 466,724 x 0.118 = 55,073 employees 3. Estimate industrial employment for 2031 The UGA update contemplates land use needs for the year 2031. Estimating industrial employment for 2031 is necessary to determine future industrial employment needs and can be estimated similarly to step 2. The equation is illustrated as follows: 2031 population x 0.118 = Industrial employees for 2031 612,226 x 0.118 = 72,243 employees 4. Estimate the increase in industrial employment between 2010 and 2031 To estimate the increase in industrial employment simply subtracts the current estimate of industrial employees (2010) from the 2031 estimate for industrial employees: 2031 employees - 2010 employees = increase in employment for planning period 72,243 - 55,073 = 17,170 employees 19 Unincorporated LQA for Spokane County 5. Estimate the need for available industrial lands An industrial lands study was done by Spokane County in 2000. The study provided a detailed analysis of industrial lands in the unincorporated areas of the County and established a ratio of 16 employees per net acre of industrial land. This ratio is used to determine the net acres of industrial land needed to meet the employment needs for 2031: 1,070 acres 17,170 employees / (16 employees per acre) = The conclusion is that 1,070 acres of available industrial land is needed for expansion of industrial uses. This amount of vacant industrial land will be adequate to maintain the current level of industrial use per capita for the 2031 planning horizon. This conclusion is county-wide and includes the industrial land needs for incorporated and unincorporated UGAs. 5. Determine adequacy of industrial land supply to meet future needs Unincorporated Spokane County has an abundance of land zoned for industrial uses. Our current inventory includes 9,923 acres zoned for light industrial and 1,670 acres zoned for Heavy Industrial. The County currently utilizes 673 acres for industrial uses; however some industrial zoned properties are also used for commercial uses. Vacant land within the industrial zones includes 2,658 acres in the Light Industrial zone and 729 acres in the Heavy Industrial zones. Considering that the county-wide need for industrial land is only 1,070 acres, there is an adequate supply of vacant industrial zoned lands. Other Industrial Land Studies and Analysis 2000 Industrial Land Study To evaluate the potential of designated industrial lands, an industrial lands committee was formed in May 1999. The committee was composed of representatives from various economic development, business and real estate organizations. Committee members were familiar with the Spokane market for industrial lands and experienced with business recruitment in the Spokane area. This committee worked cooperatively with the Spokane County Division of Long Range Planning to develop a detailed inventory and analysis of industrial land in unincorporated Spokane County. The study developed a rating system to evaluate the marketability of lands designated for industrial use. The designations ranged from Tier 1 to Tier 5 lands. Lands designated as Tier 1 were the most marketable lands and had the best attributes for immediate development. The report included all industrial lands in unincorporated Spokane County which at that time included the industrial lands in Yardley and the Spokane Valley. The following table illustrates the employment potential of these areas for the year 2000. While this data is now dated by ten years and there has been land consumption during that time, it still provides insight into the extent of industrial land availability in Spokane County. . 20 Unincorporated LQA for Spokane County Table 12 - Employment Potential of Industrial Lands in Spokane County 2000 Industrial Land Study Table 10 -Employment Potential of Industrial Lands in Spokane County 2000 Industrial Land Study T-1 to T-3 Tier 1 Tier 2 Tier 3 Study Area employeesemployeesemployeesemployees West Plains 49,312 29,200 5,360 14,752 Liberty Lake 16,064 5,120 3,856 7,088 East Valley 18,336 5,264 7,280 5,792 West Valley 512 51200 Yardley 1,904 1,856 48 0 Mead 21,632 1,584 17,680 2,368 Total 107,760 43,536 34,224 30,000 *For comparison, the projected increase in industrial employment for Spokane County between 2010 and 2031 is 17,170 employees 21