12-067.00 Wal-Mart: Traffic Signal Construction & DesignAGREEMENT FOR PAYMENT OF COSTS INCIDENT TO SIGNAL INSPECTION
FOR EAST SPRAGUE WALMART BETWEEN WALMART AND THE CITY OF
SPOKANE VALLEY
Spokane Valley, WA 95883
THIS AGREEMENT is entered into this eday of Af 1 2012, by
and between the City of Spokane Valley, Washington, a Municipal orporation (hereinafter
referred to as "City "), and Wal -Mart Real Estate Business Trust, a Delaware statutory trust
(hereinafter referred to as "Wal- Mart"), referred to collectively as the Parties.
WHEREAS, Wal -Mart is constructing a retail facility pursuant to a City of Spokane
Valley binding site plan (BSP- 01 -11) on Spokane County parcel numbers 35145.9001,
35143.0215, 35143.0414 and 35144.0101, addressed as 5025 East Sprague Avenue, Spokane
Valley WA; and
WHEREAS, a Mitigated Determination of Non - Significance was issued for the project
on March 25, 2011. One of the mitigation measures requires Wal -Mart to install a traffic signal
at the intersection of Sprague Avenue and Custer Road. The condition further specifies that
Wal -Mart is responsible for all associated costs of designing and installing the traffic signal,
including inspection; and
WHEREAS, the City contracts with Spokane County to perform that function within the
City, and the County bills the City on an hourly basis for such work; and
WHEREAS, the City will pass on these inspection costs from Spokane County to Wal-
Mart for this project, pursuant to the terms of this agreement for payment.
NOW, THEREFORE, the Parties agree as follows:
1. Wal -Mart is obligated to construct a traffic signal at the intersection of Sprague Avenue
and Custer Road in the City of Spokane Valley, pursuant to the Mitigated Determination
of Non - Significance (MDNS) issued March 25, 2011.
2. The City contracts for traffic signal construction inspections with Spokane County.
Spokane County will bill the City an hourly rate for such work.
3. In compliance with the MDNS, Wal -Mart shall reimburse the City for all reasonable
costs incurred by the City for inspection of the traffic signal installation and testing.
Payments are due by Wal -Mart to the City no later than 45 days after notice by the City.
4. This agreement shall be binding upon the Parties' successors and assigns.
5. This agreement shall be construed and interpreted in accordance with the laws of the
State of Washington.
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6. This agreement shall become effective upon execution by both parties.
7. The following exhibits are attached and incorporated hereinto this agreement:
a. Mitigated Determination of Non- Significance, BSP- 01 -11, dated March 25, 2011.
City of Spokane Valley, Washington
i e Jackson ity Manager
Wal -Mart Real Estate
Delaware statutory trt
Frank Paml
Director of
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Date
Date
COMMUNITV DEVELOPMENT DEPARTMENT
Sj6@ne
PLANNING DIViSIC1N
..;Ooky 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206
509.921.1000 Fax: 509. 921.1008 cityhall @spokanevalley.org
MITIGATED DETERMINATION OF NONSIGNIFICANCE (MDNS)
FILE NUMBER: BSP -01 -11 (Custer Commercial Center) and SEP -03 -10 (10- 001430);
PROPOSAL DESCRIPTION: Preliminary binding site plan request to divide 27.4 acres (4 parcels) into 6 lots;
proposed discount retail store of 160,000 square feet with approximately 800 parking spaces; and earth
disturbance of 38,200 cubic yards of cut and 35,500 cubic yards of fill for construction of discount retail facility.
PERSON COMPLETING CHECKLIST: Dean Logsdon, CLC Associates, Inc; 12730 East Mirabeau Parkway, Ste. 100;
Spokane Valley, WA 99216
PROPOSAL LOCATION: Parcel Numbers 35145.9001, 35143.0215, 35:143.0414 and 35144.0101; addressed
as 5025 Fast Sprague Avenue (previously 4315 East Sprague Avenue.); located in the SE 'l4 of the SW 'la of
Section 14, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington.
LEAD AGENCY: City of Spokane Valley Community Development Department, Planning Division
DETERMINATION: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code, the
lead agency has determined that this proposal does not have a probable significant adverse impact on the
environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This
decision was made after review of a completed environmental checklist and other information on file with the
lead agency. This information is available to the public on request.
This MDNS is issued pursuant to WAC 197 -11- 340(2); the lead agency will not act on this proposal for
fourteen (14) calendar days from the date issued. (below). Comments must be received by this department no
later than 5:00 p.m., April 8, 24.11.
RESPONSIBLE OFFICIAL:
Kathy McClung, Community Development Director
City of Spokane Valley Community Development
Department, Planning Division
Valley Redwood Plaza, 11707 E. Sprague Avenue,
Suite 106, Spokane Valley; WA 99206
PH: (509) 720 -5300 / FX: (509) 921 -1008
knneclun <g@spokanevalley.ora
STAFF CONTACT:
Karen E. Kendall, Assistant Planner
City of Spokane Valley Community Development
Department, Planning Division
Valley Redwood Plaza, 11707 E. Sprague Avenue,
Suite 106, Spokane Valley, WA 99206
PH: (509) 720 -50261 FX: (509) 921 -1008
kkendallo spokaneyalley.org
DATE ISSUED: March 25.201.1 SIGNATURE: I
Pn ,:1 of 3
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MITIGATION MEASURES:
The following are mitigation measures listed in the Traffic Impact Analysis ('T'IA).
A traffic impact analysis was prepared for the project, dated February 2011. The follo : ping mitigation
measures shall be completed prior to receipt of Certificate of Occupancy. NOTE: The TIA is specific to Lot
At time of development, additional traffic study will be required for lots 2 and 3. A nose to this effect shall be
placed on the final plat.
City ofSpokane Valley
a. Install a traffic signal at the intersection of Sprague Avenue / Custer Road Applicant is
responsible for all associated costs including but not limited to survey, design, construction,
inspection, relocation of utilities and acquisition of right -of -way or easements as needed for
construction, to accommodate signal equipment, or to provide ADA compliant sidewalks and
ramps. Signal is to be built to City standards. Detailed design plans including signing, striping,
signalization and channelization shall be provided to the City for revieia- and approval prior to
modifications to any City of Spokane Valley intersections. The design shall include the median
islands and driveway restrictions as .shown in Appendix D of the Traffic Impact Analysis,
b. Evaluate the feasibility of lengthening the proposed southbound right -turn pocket for the
intersection of Sprague Avenue / Custer Road to ensure the movements exiting the site do not
experience blockage from long queues.
c. Install channelization at the intersection of Sprague Avenue / Carnahan Road as depicted in
Appendix D of the Traffic Impact Analysis. The median length is to be determined during
intersection final design process. Detailed design plans including signing, striping, signalization
and channelizal ion shall be provided to the City for review and approval prior to modifications
to any City of Spokane Valley intersections.
d Modify the southbound and eastbound left -turn lanes at Sprague Avenue / Fancher Road to
accommodate the increased queues. This is to be accomplished by removing the bulb at the end
of the island and reconstructing the narrow island to the same length. Any additional work
associated with the modification such as striping or asphalt work is to be accomplished by the
applicant, Detailed design plans including signing, striping, signalization and channelization
shall be provided to the City for review and approval prior to modifications to any City of
,Spokane Vallev intersections.
e. Relocate the existing bus shelter on Sprague east of Carnahan to be closer to the Costco tragic
signal Applicant to coordinate location with the Spokane Transit Authority (STA) and the City
of Spokane Valley, and provide detailed design plans to both for review. Applicant to build a
new pad per STA specs. STA will relocate the pad.
Ctty ofSpokane
f. Pay an impact fee of $41,120 as a proportionate share towards the construction of a railroad
overpass bridge at Havana Street. Payment will be due to Spokane prior to receiving the
Certificate of Occupancy.
g. Extend the westbound left -turn lane at Sprague Avenue /Freya Street to accommodate the
anticipated 9? percentile queues. The bulb will be removed and signing and striping modified
to extend the lane. Detailed design plans including signing, striping, signalization and
channelization shall be provided to the City for review and approval prior to modifications to
any City of Spokane intersections.
Page 2 of 3
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APPEAL: An appeal of this determination shall be submitted to the Community Development Department
within fourteen (14) calendar days after the date issued. The appeal must be written and make specific factual
objections to the City's threshold determination. Appeals shall be conducted in conformance with Section
17.90 (Appeals) of the Spokane Valley Municipal Code, and any retluired fees pursuant to the City's adopted
Fee Scheduled shall be paid at time of appeal submittal. Pursuant to WAC 197 -11 -680, appeals shall be limited
to a review of a final threshold determination.
Copies of this DNS were mailed to:
1. Dean Logsdon, CLC Associates, Inc; 12730 East Mirabeau Parkway, Ste. 100;
Spokane Valley, WA 99216
2. Michael Allan, Sam's West, LLC; 2001 SE I& Street; Bentonville, AR 72716
3. William and Linda Banks; PO Box 30519; Spokane, WA 99223 -3008
4. Keith Scribner, NNN Development, LLC; 327 West 8 "' Avenue, Suite 120;
Spokane, WA 99204
5. City of Spokane Valley Development Engineering Division
6. City of Spokane Valley Building Division
7. City of Spokane Department of Engineering Services — Dave Daly
8. City of Spokane Valley Fire Department
9. Spokane County Water District No. 3
10. Spokane County Division of Utilities
11. Spokane Regional Health District
12. Spokane Regional Clean Air Agency
13. Avista
14. Washington State Department of Ecology (Olympia)
15. Washington State Department of Ecology (Spokane) — Terri Costello
Enclosures:
Envirouunental Checklist
Site Plan Proposal
Vicinity Map
Page 3 of 3
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S�itiQnell
4;00
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
11707E Sprague Ave Suite 106 Spokane Valley WA 99206
509.921.1000 Fax: 509.921.1009 cityhall Vpokanevallcy.org
LEAD AGENCY
ENVIRONMENTAL CHECKLIST REVIEW
DATE March 25, 201.1
A. BACKGROUND
1. PROJECT NO:
BSP -01 -1 I (Custer Commercial Center)
SEP -03 -10 (10- 001430)
2. DESCRIPTION:
Preliminary binding site plan request to divide 27.4 acres (4 parcels)
into 6 lots; proposed discount retail store of 160,000 square feet with
approximately 800 .parking spaces; and earth disturbance of 38,200
cubic yards of cut and 35,500 cubic yards of till for construction of
discount retail facility.
3. PERsov COMPLETING
Dean Logsdon, CLC Associates, Inc; 12730 East Mirabeau Parkway,
CHECKLIST:
Ste. 100; Spokane Valley, WA 99216
4. LOCATION:
Parcel Numbers 35145.9001, 35143.0215, 35143.0414 and.
35144.0101; addressed as 5025 East Sprague Avenue (previously
4315 East Sprague Avenue); located in the SE 1/4 of the SW '/, of
Section 14, Township 25 North, IL -Inge 43 East, Willamette Meridian, j
Spokane County, Washington
REviEW OF SUPPLEMENTAL QUESTIONS OF SECTION 14 OF PART A (BACKGROUND) FOR
CRITICAL AQUIFER RECHARGE AREA (CARA) /AQUIFER SENSITIVE AREA (ASA)
The proposal lies within the Aquifer Sensitive Area (ASA). Staffnotes sto tm mier will be reviewed
and addressed through the City's adopted 2008 Spokane Regional Stormwater Manual- No concerns
noted.
City of Spokane Valley March 25, 2011
Mitigated Determination ofNon- Significance (MDNS) Page 1 of 5
SEPA ProjectNo. SEP -03 -IO ($SP -01 -11)
Parcels 35145.9001.35143.0215, 35143.0414 and 35144.0101
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B. ENVIRONMENTAL ELEMENTS
Italics indicate potential mitigation measures, if any. Bold indicates unresolved issues or additional
information that must be addressed by the applicant prior to final approval, as indicated.
EARTH
The SEPA Checklist states the site is flat with an approximate slope of two (2) percent. The
Checklist states grading will consist of cutting approximately 38,200 cubic yards and 35,500
cubic yards of fill. Staff notes, a grading permit will be reviewed to ensure erosion and
sediment control measures are in place. Approximately eighty (80) percent of the site will be
covered with an impervious surface. No concerns noted.
2. AtR
The SEPA Checklist states short term air emissions may occur from construction activities
and equipment. There are no known off -site sources of emissions or odor as stated in the
Checklist. Staff notes the site shall conform to Spokane Regional Clean Air Agency
requirements to minimize air impacts. No concerns noted.
3. WATER
Surface
The SEPA Checklist states the site is located approximately 800 feet northeast from an
excavated gravel pit with the Spokane Aquifer exposed. There are no plans to withdrawal or
discharge to any surface water body. Staff notes the property is not located within a 100 -year
floodplain pursuant to Community Panel No. 53063CO562D of the Flood Insurance Rate
Maps (FIRM) [Federal Emergency Management Agency, July 6, 2010]. No concerns noted.
Ground
Staff notes public sewer service from Spokane County Division of Utilities will serve the
site. No concerns noted.
Water Runoff
Staff notes that all stormwater improvements will be constructed in compliance with the
City's adopted Spokane Regional Stormwater Manual. No concerns noted.
a. PLANTS
The Checklist states the site consists of weeds. No plan of removing or installing additional
vegetation until future development of the site occurs. Staff notes a formal landscape plan
will be submitted and prepared by a licensed certified landscape architect at the time of
future development. No concerns noted.
5. A\IRtALS
The SEPA Checklist states Osprey were observed on site and the two existing (2) nests will
be relocated to an appropriate location on site. No known threatened or endangered species
were observed on the site. The checklist specifies the site is in the migratory route of
general migratory fowl. Staff notes the site is in close proximity (800 feet) to an exposed
portion of the Spokane Aquifer where several migratory fowl have been observed. No
concerns noted.
City of Spokane valley March 25, 2011.
Mitigated Determination of Non - Significant (MDNS) Page 2 of 5
SEPA Project No. SEP -03 -10 (BSP- 01 -11)
Parcels 35145.9001, 35143.0215, 35143.0414 and 35144.0101
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6. ENERGY" AND NATURAL RESOURCES
The Checklist states electric and natural gas services will be used for the proposal. No
concerns noted.
7A. ENviRONMENTAL HEALTH HAZARDS
The SEPA Checklist states there are no known environmental health hazards associated with
the proposal. No concerns noted.
7B. NOISE
The Checklist states noise is prevalent being adjacent to the Union Pacific Railroad (UPRR)
yard along the north and west of the site. Additionally, Sprague Avenue and commercial
business to the east and south contribute to noise with vehicular traffic and the
loading/unloading of merchandise. Short -term noise may be generated from construction
activities, while long term noise will be associated with vehicular traffic, mechanical
equipment, trash compactors, and refrigeration, Staff notes the site is boarded on all sides by
commercial businesses, all with noise generating operations. No concerns noted.
8. SHORELINE AND LAND USES
The site is comprised of four (4) parcels approximately 23.92 acres in size, There are two
(2) vacant buildings proposed to be demolished and a railroad turntable which is not certain
when removal will take place. Three ofthe four parcels located along Sprague Avenue have
been used for car sales and the remaining larger parcel was used by UPRR. The site is
currently zoned Regional Commercial (RC). The subject property is not within any
designated shorelines. No concerns noted.
9. HOUSING
The Checklist states there are no housing units located on site. No concerns noted.
10. AESTHETICS
The Checklist states the building will be a maximum of thirty -five (35) feet in height and
landscaping will be incorporated per the City's Uniform Development Code. No concerns
noted.
11. LIGHT AND GLARE
The SEPA Checklist states site lighting will illuminate the parking lot and exterior of
building. Staffnotes alighting plan will be reviewed to ensure conformance with applicable
code sections. No concerns noted.
12. RECREATION
The SEPA Checklist states the Spokane County Fairgrounds are located northwest ofthe site.
No concerns noted,
13. CULTURAL AND HISTORIC PRESERVATION
The Checklist specifies that there are no known historical and cultural resources at the
subject property. Pursuant to RCW 27.53.060, on the private and public lands of this
state it shall be unlawful for any person, firm, corporation, or any agency or institution
City of Spokane valley March 25, 2011
Mitigated determination ofNon- Significance (MDNS) Page 3 of 5
SEPA Project No, SEP -03 -10 (BSP- 01 -11)
Parcels 35145.9001, 35143,0215, 35143.0414 and 35144.0101
AMG:amg 1708732.1 4/24/2012
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of the state or a political subdivision thereof to knowingly remove, alter, dig into, or
excavate by use of any mechanical, hydraulic, or other means, or to damage, deface, or
destroy any historic or prehistoric archaeological resource or site, or remove any
archaeological object from such site, except for Indian graves or cairns, or any glyptic
or painted record of any tribe or peoples, or historic graves as defined in chapter 68.05
RCW, disturbances of which shall be a class C felony punishable under chapter 9A.20
RCW, without having obtained a written permit from the Director of the Washington
State Office of Archaeology and Historic Preservation for such activities. Upon any
discovery of potential or known archaeological resources at the subject properties prior
to or during future on -site construction, the developer, contractor, and/or any other
parties involved in construction shall immediately cease all on -site construction, shall
act to protect the potential or known historical and cultural resources area from
outside intrusion, and shall notify, within a maximum period of twenty-fours from the
time of discovery, the City of Spokane Valley Community Development Department of
said discovery.
14. TRANSPORTATION
The site is accessed from Sprague Avenue at the intersections of Custer Road and Carnahan
Road. Staff notes that the proposal has received traffic concurrency approval from the
Spokane Valley Public Works Department. The Checklist states all improvements will be
in the ,public right -of -way. The following are mitigation measures listed in the Traffic
Impact Analysis {TIA }.
A traffrc impact analysis was prepared for the project, dated February 2011. The
following mitigation measures shall be completed prior to receipt of Certificate of
Occupancy. NOTE: The TIA is specific to Lot 1. At time of development, additional
tragic study will be required for lots 2 and 3. A note to this effect shall be placed on the
final plat.
Co of Spokane Valley
a. Install a traffic signal at the intersection of Sprague Avenue / Custer Road:
Apl)licant is responsible for all associated costs including but not limited to
survey, design, construction, inspection, relocation of utilities and acquisition of
right -of -way or easements as needed far construction, to accommodate signal
equipment, or to provide APA compliant sidewalks and ramps. Signal is to be
built to City standards. Detailed design plans including signing striping,
signalization and channelization shall be provided to the City for review and
approval prior to modifications to any City of Spokane Valley intersections. The
de sign shall include the rrredian islands and driveway restrictions as shown in
Appendix D of the Traffic Impact Analysis.
b. Evaluate the feasibility of lengthening the proposed southbound right -turn pocket
for the intersection of Sprague Avenue / Custer Road to ensure the movements
exiting the site do not experience blockage from long queues.
c. Install channelization at the intersection < f Sprague Avenue / Carnahan Road as
depicted in Appendix D of the Traffic Impact Analysis. The median length is to be
determined during intersection f nal design process. Detailed design plans
including signing, striping, signalization and channelization shall be provided to
City of Spokane Vailey March 25, 2011
MitigatedDetermination ofNon- Significance (MDNS) Page 4 of 5
SEPAProjectNo. SEP -03 -10 (BSP- 01 -11)
Parcels 35145.9001, 35143.0215, 35143.0414 and 35144.0101
AMG:amg 1708732.1 4/24/2012
1 9
the City for review and approval prior to modifications to any City of Spokane
Valley intersections.
d. Modify the southbound and eastbound left -turn lanes at Sprague Avenue
Fancher Road to accommodate the increased queues. This is to be accomplished
by removing the bulb at the end of the island and reconstructing the narrow
island to the same length. Any additional work associated with the modification
such as striping or asphalt work is to be accomplished by-the applicant. Detailed
design plans including signing, striping, signalization and channelization shall be
provided to the City far review and approval prior to modifications to any City of
Spokane Malley intersections.
e. Relocate the existing bus shelter on Sprague east of Carnahan to be closer to the
Costco "ffic signal. Applicant to coordinate location with the Spokane Transit
Authority (STA) and the City of Spokane Malley, and provide detailed design plans
to both for review. Applicant to build a new pad per STA specs. ST.4 will
relocate the pad
City o Spokane
f, Pay an impact fee of $41,120 as a proportionate share towards the construction
of a railroad overpass bridge at Havana Street. Payment will be due to Spokane
prior to receiving the Certificate of Occupancy.
g. Extend the westbound left -turn lane at Sprague Avenue l Freya Street to
accommodate the anticipated 95`" percentile queues. The bulb will be removed
and signing and striping modified to extend the lane. Detailed design plans
including signing, striping, signalization and channelization shall be provided to
the City for review and approval prior to modifications to any City of Spokane
intersections.
15. Punic SERVICEs
Spokane County Fire District No. 1 is the fire protection service provider for the City of
Spokane Valley, and the police service provider is the City of Spokane Valley. The Spokane
Transit Authority provides public transit service within the City of Spokane Valley. No
concerns noted.
16. UTILITIES
The subject's property is located within the service boundaries of City of Spokane Sewer and
Water Services. Staff notes the site will be served by Spokane County Water District No. 3
and a notice of intent will be required to be filed with the Boundary Review Board. Other
utilities such as electricity, telephone and garbage are to be provided by franchise utility
providers in conformance with applicable City standards and requirements. No concerns
noted.
City of Spokane Valley Mareh 25, 2011
Mitigated Determination ofNon- Significance (MDNS) Page 5 of 5
SFPA Project No. SEP -03 -10 (DSP- 01 -I1)
Parcels 35145.9001, 35143.0215, 35143.0414 and 35144.0101.
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