HomeMy WebLinkAboutR-2001-087 Home Depot / Valley Mall Boulevard InterchangeRESOLUTION R 2001- 87
A RESOLUTION authorizing the City manager to enter into a funding agreement
with Home Depot U.S.A., INC., for Interchange Improvements.
WHEREAS, on October 17, 2000, in connection with the development of a Home
Depot store in the vicinity of 2115 South First Street, within the Central Business District
Support zoning district (City file number UAZO ED #19-00) (the "Home Depot
Project"), the City issued its Notice of Application regarding a SEPA Checklist for the
Home Depot Project; and
WHEREAS, following the required twenty (20) day public notice period and
consideration of all comments received, the City issued its Revised Mitigated
Determination of Nonsignificance, dated December 19, 2000 (the "City Decision"),
which determined that the Home Depot Project will not have a probable significant
adverse impact on the environment, provided certain measures are taken to mitigate
potential adverse impacts, including without limitation funding of Home Depot's
proportionate share of interchange improvements to the Valley Mall Boulevard
Interchange. The interchange improvements to the Valley Mall Boulevard Interchange
are not completely identified and funded, and such identification and funding is to a
substantial extent in the control of the Washington State Department of Transportation;
and
WHEREAS, the interchange improvements to the Valley Mall Boulevard
Interchange are not completely identified and funded, and such identification and
funding is to a substantial extent in the control of the Washington State Department of
Transportation; and
WHEREAS, the City and Home Depot desire to establish a mechanism to fund
Home Depot's share of the interchange improvements to the Valley Mall Boulevard
Interchange at this time, rather than waiting for the Washington State Department of
Transportation to complete identification and funding of such improvements; and
WHEREAS, it is in the best interests of the City to establish Home Depot's
promise to pay to the City Home Depot's proportionate share of interchange
improvements to the Valley Mall Boulevard Interchange by the attached agreement;
now, therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized and directed to execute the attached Interchange
Improvements Funding Agreement with Home Depot U.S.A., INC.
ADOPTED BY THE CITY COUNCIL this -5-77/day of June, 2001.
AT 1'EST:
ICC
ary Place, Mayor
Karen S. Roberts, City Clerk
C:\Karen's Files\RESOLUTIONS\PEf'1RSON\Home Depot interchange funding res.docLast printed May 31, 2001
8:43 AM
2
INTERCHANGE IMPROVEMENTS
FUNDING AGREEMENT
THIS INTERCHANGE IMPROVEMENTS FUNDING AGREEMENT (this
"Agreement") is made and entered into as of the day of , 2001, by and
between CITY OF YAKIMA (the "City"), and HOME DEPOT U.S.A., INC., a Delaware
corporation ("Home Depot").
Recitals.
VW)
as more particularly described on Exhibit A,
A. On October 17, 2000, in connecti with the development of a Home Depot
store in the vicinity of 2115 South First Stree within the Central Business District Support
zoning district (City file number UAZO ED 19-00) (the "Home Depot Project"), the City
issued its Notice of Application regarding a SEPA Checklist for the Home Depot Project.
B. Following the required twenty (20) day public notice period and
consideration of all comments received, the City issued its Revised Mitigated
Determination of Nonsignificance, dated December 19, 2000 (the "City Decision"), attached
hereto as Exhibit B, which determined that the Home Depot Project will not have a
probable significant adverse impact on the environment, provided certain measures are
taken to mitigate potential adverse impacts, including without limitation funding of Home
Depot's proportionate share of interchange improvements to the Valley Mall Boulevard
Interchange. The interchange improvements to the Valley Mall Boulevard Interchange are
not completely identified and funded, and such identification and funding is to a
substantial extent in the control of the Washington State Department of Transportation.
C. The parties desire to establish a mechanism to fund Home Depot's share of
the interchange improvements to the Valley Mall Boulevard Interchange at this time, rather
than waiting for the Washington State Department of Transportation to complete
identification and funding of such improvements.
Agreement.
Now, therefore, in consideration of the premises and of the mutual covenants
contained herein, the parties agree and promise:
1. Interchange Improvement Project Funding. Within sixty (60) days of the
City's notice to Home Depot that (a) the interchange improvements to the Valley Mall
Boulevard Interchange (the "Interchange Project") have been identified and funded by the
Washington State Department of Transportation, and (b) all necessary permits have been
issued in connection with construction of the Interchange Project, Home Depot shall pay to
the City of Yakima the sum of Ninety -Four Thousand Three Hundred and Seventy dollars
($94,370.00), or such lesser sum as the City may determine represents Home Depot's share
of the Project, in full satisfaction of Mitigation Measure Number 1 in the City Decision. This
clause is a promise made by Home Depot and Home Depot intends that the City of Yakima
and the Washington State Department of Transportation may rely this promise to establish
funding for the Interchange Project.
2. Attorney Fees. Should any litigation be commenced between the parties to
this Agreement or concerning the transactions contemplated hereby, the prevailing party in
such litigation shall be entitled, in addition to such other relief as may be granted, to receive
from the losing party a reasonable sum as and for its costs and attorney's fees at trial, on
appeal, in connection with any petition for review, or in any proceeding before a U.S.
Bankruptcy Court, said amounts to be set by the court before which the matter is heard.
3. Notices. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered (including by means of
professional messenger service) or sent by registered or certified mail, postage prepaid,
return receipt requested, or by facsimile transmission followed by delivery of a "hard"
copy, and shall be deemed received only upon the date of actual receipt thereof or upon the
date on which an attempted delivery is refused (in either case as evidenced by the delivery
receipt or confirmation), as follows:
If to City:
with copy to:
City of Yakima
c/o Department of Community and Economic Development
129 N. Second Street
Yakima, WA 98901
Telecopy No. (509) 576-6792
City of Yakima
c/o City Legal Department
200 S. Third Street
Yakima, WA 98901
Attn: City Attorney
Telecopy No. (509) 575-6160
If to Home Depot: Home Depot U.S.A., Inc.
3800 West Chapman Avenue
Orange, CA 92868
Attn: Legal Department and Real Estate Department
with copy to:
Parisi & Parisi, PC
1630 SW Morrison, Suite 100
Portland, OR 97205
Attn: Robin B. Parisi, Esq.
Telecopy No. (503) 721-2300
Notice of change of address shall be given by written notice in the manner specified in this
Section 3.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year first hereinabove written.
CITY OF YAKIMA, WASHINGTON
City Contract 2001-57 By:
Resolution R-'-2001-87 Title:
Richard A. Zais, Jr., City Manager
(p-1-0(
"City"
HOME DEPOT U.S.A., INC.,
a Delaware corporation
By: itt.041 1)/t1/1
Title: I_ 1,c( 12(0,41 f G tr i j1
Date: 1-) -1
"Home Depot"
EXHIBIT A
Legal Description
Portions of the SE 1/4 of NE 1/4 of Sections 31 and 32 of Township 13 N., Range 19, E.W.M.
and a portion of Lots 2 and 4 Short Plat no. 79-189, recorded under Auditor's File Number
2556574, City of Yakima, Yakima County, Washington.
EXHIBIT B
City Decision
05/16/2001 11:14 FAX 509 328 8224 Taylor Engineering Inc
12-28,-00
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16:A1 SPECIAL SERVICES
IDm266 574 3569
DEPARTMEJ OF COMMUNITY AND ECONOMIC D., 'ELOPMENT
Planning Division.
229 North Second Street
Yakima, Washington 98901
Phone (509) 5756183 • Fax (509) 575-6105
NOTICE OF DECISION
Compliance with the Washington State Environmental Policy Act (SEPA)
December 19, 2000
G 002
P.O2
On October 17, 2000 the City of Yakima issued a Notice of Application regarding a
SEPA Checklist for the proposal Home Depot requesting to demolish of five existing
structures totaling 94,602 square feet. The construction of a new 132,294 square foot
"Homy: Depot" hone improvement store'in addition to a 30,000 -plus and a 5,000 -plus
square foot retail pads and associated parking for 889 vehicles. The project is located in
the vicinity of 2115 South 1" Street, within the CBDS, Central Business District Support
zoning district. City File Number UAZO EC #19-00.
Following the required 20 -day public notice period and consideration of all comments
received, the City of Yakima, Washington has determined that this proposal will not
have a probable significant adverse impact on the environment provided certain
measures are taken to mitigate potential adverse impacts. On November 27, 2000 the
City of Yakima issued a Mitigated Determination of Nonsignificance. Upon receipt of
additional information, the City of Yakima has withdrawn the November 27, 2000
MNDS and has issued the enclosed "Revised" Mitigated Determination of
Nonsignificance. This Decision may be appealed within five (5) working days from the
date of mailing of this decision. Appeals must be in writing and on forms available
from the City of Yakima Planning Division,129 North 2nd Street, Yakima, Washington.
For fui titer Information or assistance, you may wish to contact Dan Valoff, Acting
Planning Manager, (509) 375-6163.
CP112'-'1
Dan Valoff
Acting Planning Manager
Notice of Decision Mailing Date: 12/19/00
Enclosures: MDNS, site plan, vicinity map
Copy: All parties of record
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Taylor Engineering Inc Z003
ID=206 574 3569
WASHINGTON STATE ENVIRONMENTAL POLICY ACT
REVISED
MITIGATED DETERMINATION OF NONSIGNIFICANCE
CITY OF YAKIMA, WASHINGTON
DECEMBER 19, 2000
PROJECT DESCRIPTION; The demolition of five existing structures totaling 94,602
square feet. The construction of a new 132,294 square foot "Horne Depot" home
improvement store In addition to a 30,000 -plus and a 5,000 -plus square foot retail pads
and associated parking for 889 vehicles.
PROPONENT: Home Depot
LOCATION: Vicinity of 2115 South V' Street, Yakima, WA.
LEAD AGENCY: City of Yakima.
FILE NUMBER: UAZO EC#19-00
DETERMINATION: The lead agency for this proposal, has determined that the
probable significant adverse impacts on the environment can be mitigated and an
environmental impact statement (EIS) will not be required as provided under RCW
43.21 C.030(2c). This Mitigated Determination of Nonsiglficance (MDNS) is issued
subject to specific mitigating measures listed herein.
This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on
request. A Notice of Application for this proposal was issued on October 17, 2000
subject to a 20 -day comment period. This Mitigated Determination of Nonsignificance
(MDNS) is_ hereby conditioned upon thetfollowing mitigating measures as authorized
1!I Mel WAC i $t ! • 1 1 -680 arid .Y MC 6.00..100. atri=a C.E,8. 1 C0("3)(5) ea..s 3y1.:poi :'cry by these.
findings and policies,
Findings:
1. As part of the environmental analysis for the Home Depot development, the
applicant submitted a Traffic Impact Analysis prepared by Kittieson & Associates of
Portland Oregon (September 2000) and the site plan prepared by Taylor Engineering
(8/30100).
2. The City of Yakima requested Home Depot examine the vehicle emissions of
Carbon Monoxide impact of this new development upon the Yakima Non -attainment
Area for Carbon Monoxide, pursuant to the National Clean Air. The Non -attainment
Area extends to valley Mall Boulevard and includes this development site. Mitigation
Home Depot, 2115 S. 1" 5t.
UAZO EC#19.99
P. 03
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measures examined pursuant to this analysis are traffic flow enhancements including
improvement identified in the mitigation measures below. The bus pull out
recommended below is not quantified in a reduction of CO emissions, but is expected
to provide additional relief. The City of Yakima in the SEPA review of this application
accepts the recommended mitigation measures related to the Non -attainment area.
3. Other items discussed in the study are enhancement to the Valley Mali Boulevard
interchange in Union Gap which are primarily the responsibility of Washington State
Department of Transportation and Union Gap. The Klttelson Traffic Study for Home
Depot estimates an impact of approximately 60 vehicles during the weekday PM Peak
hour to the Valley Mail and 1-82 interchange, The draft Bucher, Willis & Ratliff, Traffic
impact Analysis dated January 2000 for the Valley Mall Expansion estimates
approxime.te!y 54 vehicles r+urino PM Peak hoer will i ase the 18`" Street and Nott Hitt,.Boulevard intersection en route to the Valley Mall. Therefore the impacts are very
comparable. The City of Yakima will require Horne Depot to mitigate the current
deficiency at the 18th Street and Nob Hill Boulevard intersection and responsibility for a
proportionate share of improvements to the i-82 Valley Mall Boulevard interchange.
4. The environmental review did not consider the 5,000 square foot building for use as
a drive-through restaurant. Therefore, in the future if any additional drive-through
restaurants are proposed for this site, a separate environmental review will be required
including mitigation measures as necessary.
5. The Yakima Urban Area Comprehensive Plan includes the following policies
applicable to this proposal:
• Plan Objective T3: Consider traffic safety and congestion in the design and
site layout of new development,
• Plan Policy T3.3: Major new developments may be approved when their
impact on surrounding road system is evaluated and it is shown that design
capacities will not be exceeded. •
• Plan Policy T3.4: Require traffic Impact studies where appropriate to
determine the need for traffic signals and other roadway improvements.
Home Depot, 2116 S. 1' St. 2
UAZO EC#19.99
12/28/2000 THU 16:08 (TX/RX NO 68741
05/16/2001 11:15 FAX 509 328 8224 Taylor Engineering Inc 01005
IDtl296 574 3569 P.O5
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Mitigation Measures:
1, As their share of the solution to the regional transportation problems, Home Depot
will be required to contribute a proportionate share of $94,730 for improvements to the
Valley Mall Boulevard interchange in accordance with the December 14, 2000 letter
submitted by Troy A. Suing, P.E., Regional Planning Engineer for the Washington State
Department of Transportation. The financial contribution by Home Depot shall be paid
to the City of Yakima upon the signing of a development agreement and shall not
exceed the requested $94,730 identified by the Department of Transportation.
2. Home Depot will be required to mitigate the impact of this development to the East
Nob Hill Boulevard and South 18" Street intersection; Home Depot will provide video
detection for the northbound and southbound approach of South lir Street at East Nob
Hill Boulevard. Thio enhanced detection will pdvvicJ foi ie -sniping and necessary
detection changes to accommodate the shared left —through and right turn Zane, as
identified in the Kittelson Study. Video detection specifications will be to the satisfaction
of the City of Yakima.
3. Home Depot shared driveway approach to Washington Avenue must be a minimum
of 90 feet from the east side of the existing car wash driveway, not inclusive of any
radius, This requirement will provide necessary separation between the two
developments, as well as provide some opportunity for left turns on or off Washington
Avenue to the Home Depot development.
4. The driveway and utility easement, which currently serves the car wash, Burger King
and Garnache property from Washington Avenue shall be relocated, as indicated on the
revised site plan, dated 11-15-00.
5. The westbound left tum lane on Washington Avenue shall be re -striped and
extended to a minimum of 160 feet, as recommended in the Traffic Impact Analysis.
6. Parking and access easements shall be extended to the existing Taco Time
reet:: u et The to Wen indicates (hive-thrr 'gh Imre end narking on the Home Depot
site, with a small paroel line around the building only of Taco Time. No separate access
to Taco Time will be allowed to South First Street.
7. Raised concrete channelization islands are recommended at the northern and
southern driveway to the development site from South First Street.
8, The traffic signal as proposed at the main entrance to the development site will be
accepted into the public street system, with the following items: vehicle loop detectors
in the private road will be within a dedicated public easement for maintenance; turning
arrows on private road must use MUTCD standards; intersection will be re -striped to
denote appropriate items such as a cross -walk will be marked across all street
frontages; handicap curb ramps be installed at all crosswalks; stop -bars painted in
Home Depot. 2115 S, r 5t. 3
UAZO 6= 9-99
12/28/2000 THU 16:08 (T%/R% NO 68741
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locations consistent with MUTCD. The traffic signal to be installed will be compatible
with the City of Yakima NEMA standards and the controller at First Street and
Washington Avenue.
9, Signal interconnect will be required between the intersection of South First Street
and Washington Avenue and the proposed new signalized street in order to provide for
coordination of these two signals. The new signal will include a signal master to
facilitate coordination of the signal at South First Street and Washington Avenue.
10. The proposed bus pullout shall be installed as shown on the site plan along First
Street.
[ X) This MDNS is issued under WAC 197-11.355, Optional DNS process. There will
be no additional comment period on this MDNS.
APPEALS: This determination may be appealed pursuant to YMC §6.88.170 to the
Yakima city council, 129 North 2nd Street, Yakima WA 98901 in writing no later than
five working days from the date of mailing. Be prepared to make factual objections.
Contact Dan Valoff, Acting Planning Division Manager (509) 575-6163 for more
information.
RESPONSIBLE OFFICIAL: Dan Valoff
POS{TION / TITLE: Acting Planning Division Manager
TELEPHONE: (509) 575-6163
ADDRESS: 129 North 2nd Street, Yakima, WA 98901
aiDATE: December 19. 2000 SIGNATURE: (---1...., .%)
Home Depot. 21 1 5 S. 1'' St. 4
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CTTY OF YAKIMA, WASHINGTON
Information Services - GIS
FILE NO: UAZO EC#19-00
APPLICANT: HOME DEPOT
REQUEST: DEMOLISH EXISTING STRUCTURES & CONSTRUCT
A RETAIL STORE / GARDEN CENTER
LOCATION: 2009, 2015, 2017 & 2111 S. 1ST ST,
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STATE
FED.AID PROJ.NO.
DESIGNED BY
ENTERED BY
CHECKED BY
10 WASH
PROD. ENGR.
REGIONAL ADN.
DATE
DATE
REVISION
8Y
J00 161104/1
CONTRACT
ENVIRONMENTAL AND ENGINEERING
SERVICE CENTER
tilly�tl `
iI Department of Transportation
VALLEY MALL BLVD.
INTERCHANGE
SR 82 MP 36.30
YAKIMA COUNTY
PRELIM INTERCHANGE PLAN
pat
mon2
W1.1 Washington State
Department of Transportation
Local Agency
Participating Agreement
Developer Mitigation Payments
For Transfer to State
Organization and Address
City of Yakima
Planning Division
129 North Second Street
Yakima, WA 98901-2637
Agreement Number
LM 00344
State Route No
82
Control Section No
3999
Region
South Central
Section / Location
I-82 - Valley Mall Boulevard Interchange (Exit36)
Description of Work
Add lane to Westbound Off Ramp and signalize the WB Ramp / Crossover I/S.
Work completed in 2002.
Mitigation Payments Collected
Developer Name Company Name
Kirk Bezanson
Date Collected
Amount
HOME DEPOT - Hm Imp Cntr December 19, 2000 94,730.00
2009 - 2111 South First Street
Total Funds Transferred to STATE for This Project $ 94,730.00
This AGREEMENT, made and entered into this /L/ day ofe,, , between the
STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation,
hereinafter called the "STATE", and the above named organization, hereinafter called the "AGENCY"
WHEREAS, the AGENCY has collected developer mitigation payments pursuant to RCW 82.02 020 that have an
expiration date of five (5) years from date of collection, and
WHEREAS, the AGENCY desires to transmit these funds to the STATE for use in constructing the above referenced
project, and
WHEREAS, the STATE has programmed and budgeted the subject project.
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS.
GENERAL
The STATE will apply all funds collected by the AGENCY
pursuant to RCW 82.02.020 to the project shown above under
DESCRIPTION OF WORK. In the event the STATE does not
utilize the funds within the statutory time period, the STATE shall
refund the funds to the property owner of record at time of refund
in accordance with RCW 82.02.020.
The STATE shall act as lead agency in developing the contract
documents and administering a contract that will address traffic
congestion on the noted highway improvement.
Plans, specification, and costs estimates shall be prepared by
the STATE in accordance with the current State of Washington
Standard Specifications for Road, Bridge, and Municipal
Construction and adopted design standards, unless otherwise
noted. The STATE will incorporate the plans and specifications
into the STATE project and thereafter advertise the resulting
project for bid and assuming bids are received and a contract is
awarded, administer the contract.
II
PAYMENT
Upon execution of this agreement certifying the project is
currently budgeted the AGENCY will transfer to the STATE the
amount of mitigation payments shown in the heading as "TOTAL
FUNDS TRANSFERRED TO STATE FOR THIS PROJECT "
111
LEGAL RELATIONS
No liability shall be attached to the STATE or the AGENCY by
reason of entering into this agreement except as expressly
provided herein.
The STATE will hold the AGENCY harmless and defend at its
expense any failure by the STATE to comply with RCW
82.02.020 by not constructing the project or not refunding the
funds received to the property owner of record
IV
EFFECTIVE DATE
This agreement shall become effective on the date executed by
the parties hereto, and continue until the project is completed or
the funds are returned to the property owner of record
V
CHANGES
This agreement may be amended, altered, changed, or
extended only by written agreement of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written
AGENCY
By-
Title.
Date.
DOT Form 224-015 EF
6/95
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
Lakt,
By: Don Whitehouse
Title South Central Region Administrator
Date.
%
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting of June 5, 2001
ITEM TITLE: Consideration of a Resolution for the Valley Mall Interchange Improvement
Funding Agreement between the City of Yakima and Home Depot USA,
Inc.
SUBMITTED BY:
0 i Ilam R. Cook, Director of Community and Economic Development
Department; and Larry Peterson, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Doug
Ma 575-6 les, Administration and Planning
Ma
(509
SUMMARY EXPLANATION:
In December 2000, the Home Depot went through a MDNS process for their project on the
former Country Store site at 2115 South First Street. The City of Union Gap and Washington
State Department of Transportation (WSDOT) indicated in an appeal of the MDNS that the
Home Depot Company impact on the Valley Mall Interchange was significant enough to
require Home Depot to contribute their fair share to improvements to the interchange.
It was agreed upon on by WSDOT that this fair share of the mitigation cost would be no more
than $94,370. Home Depot USA, Inc. agreed to pay this amount to the City of Yakima at such
time when the Valley Mall Interchange project was designed and sent out for bid.
This Resolution provides the legal instrument and details as to how and when this money
would be paid.
Resolution X Ordinance Other (Specify) Notice of Decision,
MDNS dated 12/19/00, Home Depot Site Plan_, and City of Yakima GIS site plan
Contract Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL `lti-� `L‘ City Manager
Phone:
STAFF RECOMMENDATION: Request the City of Yakima Council's approval of the
resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-87