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ZE-61-75 i ; ~ ; ~ , , ~ d ~ ~ •M~ ~ ~ { , ~ . , ~ h~ : m~~ ~ ~ . . „ . . ~ > ~ , a~~. t h . _ .t . ~ u ~ ~ ~ ~ , , a ~ ,u~ ~ ~MUx, x ~,ux ~,~uv v~v~~,v~~;, x,~~~ v ~ ~ «.4 , . h ~ ; , n , ~ , , < . ~ . ~ , ~ k i ~ t , ~ , ~ ~ ~ ' , ~ ;h$ ~ ~ a ~ ~ $ ' t ~ ' ' ' ; ~ ' t . , ~ , i . i ! : ~ ~ ~ ' ~ ' t , . , , ~ . ~ ~ h , ~h ~ } , ' ' ~ . ; ; a ~ , , n ~ ; ~ fa 4 t = ' . # , ; , ~ h ~ ~ t . , <'~u ~ , , ~ il il t , . ~ ~ } : ; ~ „ ,t.~ , ~ ~ ~ , ~ , ~ ~u ~ ° n t ~ ~ F • , , ' ; . 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' ~ ~ ~ . ~ ~ ~ ~ - ! ~ ~ . ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ . ~ ° - ~ ~ . ~ ~4~ 4 ~ ~ , ~ # # - # _ . : _ , ~ ~ ' ~ ~ = ~ • ~ . ~ ~ ~ ~ _ ~ ` ~ k°~ '"f~:~ ~ , . . ~ ; ~ ~ ~ ~ ~ = ~ ~ ~ _ ~3~# ~ ~ ~ ~ ~ ~ _ ~ ' ~ =,a € ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ` ' ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ~ . . ~ # ~ ~ ' _ ~ ~ ~ _ ~ ~ ~ ~ ~ . ~ ~ ? . ; a,~° ~ ~ ~ = : ~ . ~ , ~ - ~ . . ~ ~ ~ ~ ~ ~ ' ~ ` ~ , ~ ~ : ' . . . . . . . . . . . ~ ~ . ~ a~", " . . ~ . ~ . . . ~ ~ ~ ~ ~ ~ ~ ~ . ~ . ~ 4 ~ ~ ~ ~ . ~ ~ R~ 4 ~ ~ . ° ~ ~ ~ ` ~ ~ : ~ ~ ~ . . . . ~ . . . . . . . . ~ # ~ . . . . . . ~ ~ a~-.°-~.~ ~ ~ . ~ - ~ ; . ~ Z ~ ~ ~ 3 ~ . . . ° ~ =`'~a _ ' ~ ~ . ~ . . , . . . . . ~ , . . € ~.i ~ ~ . . ~ # # ~ . ~ ' ~ ~ ~ . ~ ~ ~tr~ ~ : ~ . i . ~ . -~~z ° ~ ~ _ s ° ~ ~ ~ ~ ' ; :4 . _ ~ ~ ~ ` ` ~ ~ : a ; : ~ ~ ~ # ~ ; ; ~ , . ~ ~ ~ . 3 s ~ ' . . . . . . . . . . . ~ ~ ~ . . ~ ~ . . . $ ~ ~ f . ~ , ~ . . . . . ~ . . . . . ~ . . ~ . . . . ~ ' , _ . ~ , s ~ ~ ~ ~ ~ ~ , , j ~ ~ ~ . . ~ ~ a _ ° , ~ , , ° . . . . . . ~ ~ . . ~ . . . . ~ ~ € . ~ I . .~s ~ ~ ; ~ ~ . _ ~ ~ 4'= . . # . ~ ~ . . ~ ~ ~ k~.' _ . . . . . . . . . ~ . ~ . . . . . . ~ ~ . . ~ . ~ ~ 3> ~ . 5~ , . ~ ~ ~ . ~ , ~ . . . . . ~ ~ ' , ~ ~ . . . . . ~ u' ~ ~ ~ ~ ~ a~.' m ~ ~ '~a ~ 3* . ~ ~ ~ ~ ~ ~ . . ~ . . . . . ~ :E . . ~ ~ ~ ~ t:m.w. ~ ~ ~ : ~ ~ . _ . ~ ~ 3. ~ . . ~ . . . . ~ . . . . . . # . . ~ . _ _ ~ ; _ ~ . ~ ~ ~ 3~ . . ~ ~ ~ ~ , . _ ~ ° ~ ~ ~ ` . . ~ # ~ ~ . ~ ~ _ # . t: ; 3 ~ ` ~ ~ ~ ° ~ ~ ~ 1 ~ ~ ~ ~ ° ~ ~ ~ ~ . ~ . , _ : ~ _ . _ , ~ ~ ~ ~ : ~•4 ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u # ~ - , ~ ~ ~ ~ - : ; i i ~ p # , , . . . 4 ~ . ~ ~ - ~ ~ # ~ 4 ~~t~=' ~ ; . ~ ' . , - , u • ~ - - _ _ ~ . . ~ ~ ~ . , . _ _ ~ ~ . ~ ~ , ~ ` ° t ` ~ ~ . _ . . . ~ - € , ° E , ~ . ~ t.' ~ ~ ~ „ ~ ~ .:~,t, . ~ ~ ~ ~ s.~ . ;3 - ~ ' : ~ , ~ ~ 4 ~ ~ ~ ~ ~r" ~ ~ ~ _ ~ _ ~ ~ ~ ~ - # ~ ~ : ~ ~ ~ ~ ~ f § , ~ _ ~ . ~ ° ~ ~ ~ ~ 4~~= - ~ ' ~ ~ , ~ - ~ • ~ _ - _ ~ ~ , ~ - -3~ ~ : ~ ~ : ° . . ~ . 4 ~ ; _ ~ ~ ~ ¢ ~ ~ . . . ~ # , . , u„ - . , ~ : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~u. ~ ~ ~ ~ ~ : $ : 4 . 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' _ ; loo £tr r ° ~n u ~ . x. v x,x - , a~ Z'C T b s._ App 1,, 1 ~ ~~0A, ~ 7le G At a meeting of the Board of County Commissioners held on Thursday, january 22, 1976, at 10 00 A.M. , to consider the recommendations of the Spokane County Planning Commission's hearing held on Friday, January 9, 1976, the enclosed action was taken• 1. PE-9 89-7 6, Bonni G1 _n Adrl i ti nn _ Ball ZL- 2-766 Agricultural to AQricultural Suburban and/or, Sinle Family Resi- dPUUal (R_1) The Board concurred with the Planning Commission's recommendation to approve the preliminary plat, subject to the conditions as contained in the minutes of the Planning Commission's hearing, with consideration to the environmental assessment. The Board also concurred with the Planning Commission's recommendation to zone the property as Agricultural Suburban upon filing of the final plat. The Board took no action on the resolution and map pending the filing of the final plat. 2. PE-990-76. Si's Subdivisior,= Bates 7L- 3-76. Agricultural to 8jgglP Family Residential (R-„j~ Having received a communication in disagreement with the Planning Commission's recommendation to approve the preliminary subdivision, the Board set a hearing date of ~~AhWorr1/ /9 /h% at X:30 ORAY-P to further consider the matter. 3. ,E,ly-9 64-74 . Lenhard Addi r, nn _ Lenhard Z,N- 74-74, Agricultural to Sfnqle Family R_s,clential (R_1) The Board concurred with the Planning Commission's recommendation to grant an extensfon of time to the preliminary plat, subject to the conditions of approval attached to the preliminaYy plat of record. 4. ZE-61-75 , Agricultural. to Commercial. Blaak The Board took no action on the request for a zone change to Commercial as the Planning Commission had determined that it was necessary for the staff to prepare an Environmental Impact Statement in cooperation with the applicant, which would be presented to the Commission for thefr review and consideration,3t a future hearing. , MINUTES JANUARY 9, 1976 ZONE CHANGE ~ ZE-61-75 - AGRICULTURAL TO CONIMERCIAL: TAMES S. BLACK & COMPANY Planning Commission Recommendation: That an Environmental Imoact Statement for the proposed shoppinct center proiect shall be prepared for review ' bv the Planninc► Commisslon prior to takfnv action on the zone chancte request. The Plannina Commtsslon staff is Instructed to develox) the Environmental ImQact Statement wfth technical information to be develood bv the applicant. (Mr. Main ab stained from voting due to conflict of interests.) A. ANALYSIS• The applicant proposes a regional shopping center complex on a 38-acre site on the northeast corner of Broadway Avenue and Sullivan Road in the Spokane Valley. The eventual development would include approximately 400, 000 sq. ft, of inerchandisfng space including a major and a junfor department store. The Planning Commisston staff reviewed the physical characteristics of the ' sifie includinq topography, geology, and hydrologyj and concluded that the proposed shopping center could be accommodated on the site using normal engineering techniques for gradinq, drainage control, and setting foundations. The staff also evaluated the biological and botanical characteristics of the ~ site and concluded that the proposal was within an urbanized areaa Char- acteristically, native species of pl.ants and anfmals have been displaced within an urbanrzed area as a result of cultivation, development, and a ctl vity . The staff reviewed surrounding netghborhooas and adioining lanc-use patterns and concluded that there would be no land--use conflicts between the indust- rfal area and the proposed shopping center; however, the proposed shopping ~ center would pose a major land-use conflfct wfth the resldential neighbor- hood to the south and east and a minor land-use confltct with the residential neighborhood to the west. The staff concluded that additional information would need to be developed to reveal this impact as well as study of possible transftfonal uses around the proposed shopping center. Indeed, the question ~ I of the appropriateness of a regional shopping center at the proposed location is a very lnvolved planning study requiring review of the Comprehensive Plan. Preliminary revicw of the proposal by the Spokanc Metropolitan Transportation Study indicated that a fully developed regional shopping center at the Broad- way and Sulllvan location would increase use of perimeter streets including (Cont'd) - 9- , j ZE- 61- 7 5- AGR TO COMM (Cont' d) the Su1llvan Interchange of Interstute 90 beyond current design capacity. Supplemental letters from the Spokane County Engincer's Office and the Sfiate Highway Department indicated that further Studyof this additional traffic generation and possible solutions would be necessary before any approval of the proj ect . The Spokane County Air Pollution Control Autb ority reviewed the ambient air standards in relatton to the proiE~t. They requcsted that information be developed on traffic flows in the area to evaluate the air pollution potential of fihe increased automobile activity. Furthermore, background readings of current air quallty should be taken to ald in the development of an air pollution model of the area. The Commf ssicn concluded that the action on the zone change for the propased shoppinq center was major and that sufficient areas of environmental quality warranted investiqation and, therefore, requested an Environmental Impact Statement for the project. B. GENERAL DATA: 1. Location: Section 13, Township 25 N., Range 44, EWP Beginning at a point 20 feet North and 30 feet Ea st of the W 1/4 corner of Section 13; thence North along the Ea st right of way line of Sullivan Road, C49.32^f,--%et; thencQ East 514.3 feet; thence North 655.25 feet; thence East 1038.72 feet; #hence South ~ 1306.12 feet to the North right of way line of Broadway; thence West along said right of way to the point of beginning, except that portfon included in the right of way of Interstate 90. 2. Appl icant: jam~s i e Black and Company 527 F:,-i.o i Building Spok:-n=-,, `t,. A 99201 3. Site Size Approximately 38 actes 4. Existing Zoning• Agriculturai, established 1Vlarch 27, 1942 5. Proposed Zoning Commercial. The hearfng will also provide for an environmental revfew. 6. Application of Zoning Provision Chapter 4.21, Section 4.21.040 7. Proposed Use of Property RegionaZ shopping center -10- . ~ ZE-61-75 - AGR TO COMM (Cont'd) Road to the east, and the Spokane International Railroad to the north. However, the bulk of the industrfal development, such as the Kaiser Alumfnum Rolling mill and the Spokane industrial Park are over a mile from the shopping center proposal o Approxfmately thFee (3) square mfles of area are zoned for industrfal, manufacturing, and minfng uses wfthin the Trentwood Industrial Ihstrict. The staff is of the opfnfon that there would be no land-use conflict deserving special consfderation between the existing industrial area and the new shoppxng center; how- ever, the impact of these facilfties on Sullivan Road and the Sullfvan Interchange of Interstate 90 wfll require actensive review along with potentfals for air pollution. (See later comments o) 2. Greenacres "5" nefghborhood is bounded by Interstat e 90 to the north, Sullivan Road to the west, Sprague Avenue - Appleway to the south, and Barker Road to the east. Arrerials serving the residential neighbor- hood include Sullivan to the west, Sprague Avenue and Appleway to the south, Barker Road to the east with Broadway Avezue and Flora Road serving as secondary arterials. All Commercial developments are on the edge of the neighborhood including the Red Lfon Inn complex in the northeast corner (Freeway Commercfal) the Greenacres Shopping distrfct on the north side of Appleway, and lfmited commercfal enterprfses along Sprague Avenue. (It should be noted that most of the Sprague Avenue frontage properties within this nefghborhood are primarily resfdentfal in character fncluding trafler courts, small apartments, converted motels, and approximately 20 residences o The only heavy commercfal activities along this portion of Spraguz Avenue is a drive-in restaurant, a motorcycle shop, and a building materials store o) I The neighborhood is fn the process of a transftion from acreage fi.rac`s and truck farms (Vera was platfied infio 10-acre parcels, many of whxch were subdivided into smaller acreages for homesfted fnto standard single- family lots. The Friske Addifiions to the south of the shopping center proposal has been the most signficant indicator of this transrtfon. The ownerships to the north of Broadway Avenue have, for thz most part, bezn retained in comparatively larger ownerships o V1Tith the exception of the Frfske subdivisions, the ownershfps within the neig`1Lborhood adjoining the shopping center proposal are acreage with occassfonal homesites o A fire station has been 3f-mveloped on the south- east corner of Broadway and Sullivan. The staff is of the opznion fihat the shopping center would have a measurable and immediate impact on the future development of fihese acreage properties. Because the residences -3- • A ZE-6I-75 - AGR TO COMM (Cont'd) within Friske Subdivision are substantial mthout acreage, the shopping center would depreciate to the value of these residential propertfes. Although the r+est of the nefghborhood ha s been slowly making the transftion to a higher densfty of resfdences, development of the shopping center would accelerate this trend causing a more active conflict between the subdivf sion interests and the owners of acreage resfdentfal tracts. It is the staff opinion that the shopping center proposal will cause ex- tensive land-use conflicts between the shopping center and adjofning properties and will accelerate the development of the balance of the neighborhood o Such a potentfal impact should be more specffically addressed wfth options investigated for assuring a satfsfactory transition between the shopping center and the residential neighborhood to the south and ea st. 3) Progtess nefghborhood to the west of the shopping center proposal f s bounded by Interstate 90 to the north, Sullivan Road, an arterial, to the east, Sprague Avenue, an arterial, to the south, and Evergreen Road, a secondary arterial, to the west. Other secon3ary or collector arterials passinq through the neighborhood include P•3ams Road, Missfon Avenue, and Broa3way Avanuee As contraste3 to Greenacres "5", Progress nefghborhood has been substantially developed with sfngle-family lots. The remaining acreage tracts are being rapidly replatted for single-family lots. Except for a Freewray Commercial project along the west side of Sullivan Road between Broadway and Mission Avz-nues, and a commercfal area on the northwest corner of Sprague and Sullivan, the nzighborhood is devoid of Commercial activitfes, even along Sprague Avenue. The major land-use impact of the shopping center will be along the northeast corner of the neighborhood within a 1/4 mfle of the shopping center. If the Freeway Commercial area fs developed as projected, residences to the north and west of Broa3way and Sullivan wfll have some transitional amentties. However, approval of the shopping center mfght force owners of fihe Freeway Commerci.al propertfes to re-evaluate their plans and re- submit Commercial requests which could have a potential impact on these residences. The southeast corner of Broadway and Sullfvan has been platted and developed as single-family lots. The shopping center would most ce rtainly reduce the value of the se propertie s. - 4- , ! ZE-61-75 - AGR TO COMM (Cont'd) Approval of the center would also increase pressures for Commerctal activitfes along Sullivan Road resulting in further neighborhood consideratfons o CONCLUSION: The shopping center would have a dramatic affect on adjoininq resfdential development and would increase the rate of conversion of acreage tracts into suburban lots. Increased traffic (reviewed later) would also alter the character of the current secondary arterials, generally increasfng traffic throughout the neighborhood. The amount of increased traffic should be determined zn order to evaluate the tra.ffic fmpact on neighborhood streets. 6) Physical Characterf stics: The advertised property f s situated on a small bench overlooking Interstate 90 and the Spokane River to the north. Although the property appears relatively flat at the intersection of Broa3way and Sullivan (elevation 2,040) ft drops rather gradually to the 2, 020 contour near thz freeway. The. slopes o: the property are gentle enough to allow Commercial development. Genzrally, the property is 100 feet in e-levation above the Spokane Rtver. The site is composed of the Garrison Gravzls common to the floor of the Spokane Valley. The aquifer's hfgh wafier elevation in this vicinfty fs 1948 feet, placing the water tacble about 80-90 feet bzlow the surface. Although there may be some slight runoff from the property during unusual weather conditions, surface water is notmally absorbed by the gravel soils on the property. The site has been cultivated, thus removing most native vegetatfon. As with much of the urbanized Spokane Valley, wildlife has been limited to brrds and anfmals wtth mobilfty and adaptfon to changfng agriculturaZ patterns. The site does not come in contact with the snoreline of a water body or a designated flood plafn. The staff is af the opfnion that the physical characterfstics of the site would not restr9.ct or limit potentfal development if sufffcient measures were taksn to fnstall drywells to handle surface runoff from the paved areas (See response to questionnaire completed by applicantp ) and a satisfactory sewr-ge treatment system were xnsfialled . -5- ! f a ZE-61-75 - AGR TO COMM (Con't'd) 7) Proj ect Requfrements . Certain environmental information relative to the project has been re(auested of the applicant who has furnished a five-page report relative to the physical devel.opment of the project. Most of the questions relate to the development phase including znergy useage, water useage, refuse handling, sewage treat- ment, noise generation, emissions from bufldings or operations, fir2 hydrants, etc. 8) Transportation, Air Pollution Prab].ems: Perhaps the most cntical environmental concern associated wfth trie praject f s the amount of traffxc which might be generated by the shopping center and the resulting air pollution from such traffic. The State Highway Department, Spokane County Engineer' s Offf ce, Spokane Metropolifian Transportatfon Study, and the Spokane County Air Pollution Control Authority were contacted by the Planning staff. Notable are thz responses from SMATS and the Afr Pollutfon Control Authorfty (attached). The staff would conclude from conversations and comments received from these other agencies that mluch more fnrormation must be developed in order for the staff and the Planning Commfssion to evaluate the full impact of thf s project on arterial an3 nefghborhood trafffc and resulting air pollution potential. 9) Recommendatfon• The staff is of the opinion that the scale of the shopping center pr+oposal is sufficlent to warrant an Environmeztal Impact Statement for the project. To date, the t lanning Commissfon or fts staff have revfewed and assisted in the preparation of two Environmental Impact Statements, notably - Roundup Grocery on jackson Avenue, a wholesale grocery distributor, and the Su1livan Road S3nd and Gravel Operation to the north of the Spokane River. We feel that the magnitude of this regional shopping center in conjunctLOn wifih the fncreased traffic generated by the center would require an invastfgatfon through the Environrnental Impact Procedure. The applfcant snould consult with the Pl.annzng Commission sta€f an3 the Prosecuting Attorney's Office to nagotiate a program for preparation of the Envlronrnental Impact Statement. When prepared, the statement would bz reviewed b y the Commi s s ton in accordance wifih SEPA Gufdelines prior to action on the zone change requesto - 6- ~ , STATDUNT FOR SPOK C4UNTY PLANNING COZIISSIaN, J kRY 9, 1976 We ob3ect to the proposed regiona.l shopping center for a number of repsons, the f:.rst bes.ng a questson of need. We do not believe a need for additional reg3.onal shopping centers in the metropolitan Spokane area has been establ.ished. When that need does arrive, we do not believe additional centers should be as close to established centers as the proposed is to Unzversity City. , ~ Secondly, according to the present Comprehensive Plan teit, a regional comnertfal ffe-signation would require 100,000 to 250,,000 people 13.ving within a reasonable driving tzme for 3ts support (question of need again), and would prova.de a variety and depth of shopping goods comparable to the central business district of the City of SDokane. This proposed center would be another in competition wtth the central business distriet of Spokane and we feel it is to the benefit of the entire Inland Eknpire to prevent deterioration of that area. Thirdly ---and these are not in order of priori.ty---the grox3osed site is very close to Progress Elementary School. The scope of the proposal would generate a great deal of traffic which would be dangerous to these youngsters. Consider $ie amount of traffic from Kaiser, Cominco, Industri.al Park, ete. that goes by the school on Broadqay and close by on Sullivan and picture that traffic plus afternoon Christmas shoppers in a bout $ years. The danger for young pedestrians needs no further explana.tion. Finally, allowing the proposed ahonping center would encourage more houszng develop- ment ws.th greater density east of Sullivan Road to the Idaho border. This area over our aquifer presently has only scattered development. Until the queation of sewers i.s settled for the Va1.1.ey, it would aeem approgriate to cilseourage too mueh dc;velapment in the eastern section of the Valley. If the proposed site were not so close to Progress School and if there were a need for aregional ahopping center, then wu would say the dite is ideal for there are many plus factors. Hcn~rever, the school is a fact and the need is not apparent. x s • Mr. and Mrs. aehard S. Rz.egel N. 704 Conklin Road ~PO~► C0100$IQ Veradale, Washz.ngton 99037 ~ Grace, Sf 1 cannot make it to the Planning Comn.ssion meeting on Friday, would you please see that this is considered as part of the official ibestimony. If I abn't get a call to teach, I;ll come by rnyself and read it. I have kept a copy. . 630rothy REALTSORS I NSURERS, M A N A G E R S APPRP'c,ERS CONSULTANTS JAMES S. BLACK AND COMPANY Jcnuary 7, 1976 Mr. John D. Konen Zoni ng Adm i nistrator Spokane County Planning Commission N. 811 Jefferson St. Spokane, Wa e , 99201 Dear. 'Mr, Konen: µAttached are the Environmental Questions and Answers regarding the Broodway cnd Sul I ivan,;property. K jsb;aw Encl, iF R"ECEIVE, D JAN ? 1976 SPAKAIVE ~COUNTY PLA4~~IN~ COMMISS10N M,AIN OFFICE 527,PEYTON BUILOING (509) 838 2511 SPOKANE WA 99201 i :~o~....+.r..-.~' ~l~Mr► SPOKANE COUNTY PLANNING COMM[SSION ~Q`~K~`'~'~ rt J EFF~8oN " ' • N 8 11 SPOKntuE. WASNIN6TON 99201 DEC 26'75 sA0 ~ ~ , t 10 . P~-19 b7u ~ ~ ~ ~ N -Earl 1. Coc-kfng s .:i_►L`N ~ E. 14922 BroadwaY - ~ r~pr 30 v eVvratrdU , v1~A 9~983~ tr M u~ ~ , c-r~jo E , T l 1 0 ~ i R r~ . WASHINGTON STATE H-GHWAY COiviM SS ON DEPARTMENT OF HIGHWAYS Office of District Engineer N 2714 Meyfair Street Box 5299 North Central Station Spokene Washington J9205 January 5, 1976 Mr. Charles Huggine, Director Spokane County Planning Commieeion North 811 Jeffereon Street Spokane, Washington 99201 Spokane County Planning Commieaion ,&enda - January, 1976 Dear Sir. Thie office ie in receipt of the agenda of your January 9, 1976 Planning Commiseion Meeting and would comment on the following item ZE-61-75 This office is concerned with the impact on the traffic volumes on Interetate 90 and the Sullivan Interchange Ramp euch a propoeed development would have. Please consider requiring the traffic impact etatement for our review and comment prior to final approval of rezoning parcel. e truly yours, ALTER R. ~0 ING, P.E. District Engineer WRH•rlh RRE Attach. cc RREarnest HBAehford RecordControl,Hqs. R~~~~~~fft " -it JAN 7 1976 SPOKANE COUN [Y i'LAIVNING COMMISSION Baker Ferguson Chatrman A H Parker Howard Sorensen Vrrgtraa K Gunby Julra Butler Honsen Horold L Boulac Walla Walla Bremerton Ellensburg Seattle Cathlamet Secretary , Spolame Rasbmt- P_Mmmooms Codwome woo TBANSPORTATION STUDY DIVISION Phone 509-456- 4325 RECEIVED January 6, 1976 JAN ? 1976 SPOKRNE COUNTY Mr. Charles L. xuggins PLANNING COMMISSIO(V County Plan Director Courthouse Spokane, Washington 99201 Attention: Mr. John Konen Dear Mr. Huggins: In accordance with Mr. Konen's request, we have examined the potential number of vehicla.r trips that could be expected from construction of a proposed shopping center to be located at the northeast corner of Sullivan Road and Broadway Avenue in the Spokane Valley. Since we were not provided information as to the expected number of employees or the number of major generators (i.e., 100,000 sq. ft. CFA) wlthin the center, we based our analyses on the expected 400,000 sq, ft. GFA with 38 developed acres. For comparison purposes, trip rates for existing Spokane area shopping centers were examined. These analyses also include the assumption tha.t the proposed shopping center would be a complex of retail stores with two or more generators (l.e., ssn gle full service department stores of 100,000 sq. ft. GFA or greater), having a common parking area, accompanied by 30 to 50 small specialty shops. Assuming that the potential demand exists for an additional shopping center in the Spokane Valley, it could be expected to generate between 13,300 and 182400 vehicle trips per day, with a daily average of approximately 15,900 trips. A trip is de- fined as a one-way vehicula.r movement with either the orzgln or the destinats.on in- side the shopping center area. Using the average vehicular trip per day, traffic volumes along Sullivan Road and Broadway Avenue (bordering the proposed center) would increase by a total of 15,900 vehicles per day. Without more in depth analyses, including study of the location of the proposed market area, it is not posss.ble to state how many of the vehicles will use each sectlon of adjacent roadway or the existing interchange of Sullivan Roa,d and Interstate 90. The 1975 traffic volumes along Sullivan Road between Inter- state 90 and Broadway Avenue vary from 7,500 to 9,600 vehicles per day. These exist- ing volumes indicate there is a need to make improvements to the existing two lane arterial. Hence, any traffic increases would strongly support improvement of Sullsvan Road to a four lane roadway and upgrading of Sullivan overpass of I-90 to four lanes. Channelization along Sullivan Road and Broadway Avenue adjacent to the shopping center would also be needed. ADORESS REPLY TO SPOKANE REGIONAL PLANNING CONFERENCE, ROOM 353 CITY HALL SPOKANE WASHINGTON 99201 Mr. Charles L. Huggins January 60 1976 Page 2 It is pertinent to point out that current work underway on updating the Metropolitan Area Transportation Plan recognizes the impending deficiency of Sullivan Road south of I-90 as well as the deficiency of the two lane structure overpass itself. Hence, the improvement and upgrading of this section of Sullivan Road is being analyzed for inclusion in the work of updating the Plan. Construction of the proposed shopping center would affect both the timing and magnitude of these proposed improvements. As noted above, a number of assumptions were made in developing the above traffic estimates. If more detailed information on the number of employees and other charac- teristics of the shopping center are available, a more refined travel projection can be prepared. If you have questions or if we can be of further assistance, please contact us. Sincerely yours, 4 w c. 1I. Wayne T. Gruen, P.E. Transportation Study Director RAV/W7G/mkl Spokane Valley Fire Department ~ L (Spokane County F P D No 1) • ~ N722 SULLIVAN ROAD VERADALE, WASHINGTON 99037 ~ 41 I E~T Telephone (509) 924-3750 DALE R HAYB, Frre Cbref December 30, 1975 Mr. Charles L. Huggins, Director Spokane County Planning Commission Spokane, Washington Dear Mr. Huggins: The following zone changes and preliminary subdivisions have been reviewed for adequate fire protection ZE-61-75 - Mains and hydrants need to be installed in this area. ncerely, ~ im Kearney Fire Marshal J K cy PREYENT FIRES SA VES LI YES 1 ' • 1 O ' O 0 o a~ oo~~~ AMEM~ ~ TRANSPaRTATiON STUDY DIYISION PAone 509-456• 4325 ~ x n4 k ~ 4 RECEIVED January 6, 1976 JAN 7 1976 sPOKANE coun,~Y Mr. Charles L. xuggins PI.ANNtNCi COMMlSSIQtV Countq Plan Director Courthouse Spokane, Washington 99201 Attentson: Mr. John Konen Dear Mr, Huggins: In accordance with Mr. Konen's request, we have examined the potential nwnber of vehiclar trips that could be expected from construction of a proposed shopping center to be located at the northeast corner of Sullivan Road and Broadway Avenue in the Spokane Valley. Since we were not provided information as to the expected number of employees or the number of major generators (i.e., 100,000 sq. ft. GFA) - within the center, we based our analyses on the expected 400,000 sq. ft. GFA with 38 developed acres. For comparisoa purposes, trip rates for existing Spokane area shopping centers were examined. These analyses also snclude the assumption that the proposed shopping center would be a complex of retail stores wlth two or more generators (i.e., ssn gle full service department stores of 100,000 sq. ft. GFA or greater), having a common parking area, accompanied by 30 to 50 small specialty shops. Assuming that the potential demand exists for an additional shopping center in the Spokane Valley, it could be expected to generate between 13,300 and 18$400 vehicle trips per day, with a daily average of approximately 15,900 trips. A trip is de- fined as a one-way vehicular movement with either the origln or the destsnation 3.fl- slde the shopping center area. Using the average vehicular trip per day, traffic volumes along Sullivan Road and Broadway Avenue (bordering the proposed center) would increase by a total rsf 15,904 vehicles per day. Wlthout more in depth analyses, including study of the location of the proposed market asea, it is not posslble to state how many of the vehicles will use each section of adjacent roadway or the existing interchange of Sullivan Road and Interstate 90. The 1975 traffic volumes along Sullivan Road between Inter- state 90 and Broadway Avenue vary from 7,500 to 9,600 vehicles per day. These exist- ing volumes indicate there is a need to make improvements to the exs.sting two lane arterial Hence, any traffic increases would strongly support improvement of Sullivan Road to a four lane roadway and upgrading of Sullivan overpass of I-90 to four lanes. Channelizatlon along Sullivan Road and Broadway Avenue adjacent to the shopping certter would also be needed. ADDRESS REPLY TO SPOKANE REGIONAL PLANNING CONFEREfdCE, ROOM 353 CITY HALL, SPOKANE, WASHINGTON 99201 ~ r ~ A'fr. Charles L. Huggins January 6, 1976 Page 2 It is pertinent to point out that current wbrk underway on updating the Metropolitan y Area Transportation Plan recognizes the impending deflciency of Sullivan Road south of I-90 as well as the deficsency of the two lane structure overpass itself. Henceg the improvement and upgrading of this section of Sullivan Road is being analyzed for inclusion in the work of updating the Plan. Construction of the proposed shopping center would affect both the timing and magnstude of these proposed improvements. As noted above, a number of assumptions were made in developing fihe above traffic estsmates. If more detailed information on the number of employees and other charac- te ristics of the shopping center are available, a more refined travel projects.on can be prepared. If you have questions or 1f we can be of further assistance, please contact us. Slncerely yours, ~ Wayne T. Gruen, P.E. Transportation Study Director RAV/'WTG/mk 1 r . r^~ 1 AIR Pal1UTION cONTROL AuTHORITY ~ PQ1tAKE ouNrr January 7, 1976 Mr. John Konen , Spokane County P1 an Commissi on North 811 Jefferson Spokane, WashYngton 99201 Dear John: We have revi ewed the i nformation that you pravided us on the proposed regional shopping center to be located nartheast of the Broadway and 5uliivan i ntersecti on. Th,e proposal ca17 s for 400,000 ft2 of gross 1 easi bl e floor space and 2,500 parking spaces. The impact af the proposed shoppi ng center wi 11 depend upvn the average daily trip generation rate and the impact of traffic voiume demand on access roads as a resu1t of the aperation of the shopping center. Based on estimates fvr other simz 1 ar devel opments in thi s areal and i nformativn in the 1 iterature2 it coul d be expected that a devel opanent such as thi s woul d generate 30 vehi c1 e trips per 1o00 ftZ gross leas7 bl e flovr space per day. At th7 s rate the center wou1 d generate an average of 12,000 vehicle trips per dayo An allocation of these vehi cle trips to the access roads i n the area would requir+e a more detailed anaiysis. Sul livan Road wil1 be a major access route to the pro- pvsed site. The current average dai 1y vehicl e tri ps on Sul li'van Road north of Broadway i s about 9,040 vehi c1 es per day. Thus, it can be assumed that this development wili significantly increase the vehicYe traffic on the access raads ta the proposed shopping center. Nez ther the Spokane County Ai r Pol T ution Control Authority nor the Depart- ment of Ecology operates a carbon monoxide monztoring statifln near the site in question. Estimates o#' the ai r qua17 ty 7 n this area, however, were made i n connection with a cvmplex source review vf the recent expansion of the Red Lion Inn. The Red Lion Inn directrty adjoins the proposed shopping center site. The results of this revlew, attached as Appendix I, ind7cated that the exi sti ng carbon monoxide 1 evel s i n the area are marginal, The praxim7 ty of the freeway is a s1 gnj f1 cant factor. 1 Estimate by Alvin J. Wo1ff, Inc, fvr University City East Develapmenta 2 EPA, Methvds for Esti mating Emi ss ions in the Vicinity of Reg1 ona1 Shopping Centers. ADURESS REPLY TO SPOICAWE COUNTY A!R POLLUTION GdNTROL.. AUTHORiT1f NORTH 811 JEFFERSON SPOKANE WASH{NGTON 99281 / Mr. John Konen January 7, 1976 Page 2 ~ The Spokane County Ai r Pol 1 ution Control Authori ty does operate a carbon monoxide moni tori ng stati on in the vi c,i ni ty of Northtown. The station is located three blocks north of the Northtown Shoppin g Center in the Department of Natural Resources Office Building. This station has been operating since February, 1975. The data from this station indicates that the ambient levels of carbon monoxide frequently exceed the federal standard of 9 ppm for an 8-hour average. Levels would be higher closer to the shopping center where traffi c densi ty i s hi gher. Based on the information from the Department of iVatural Resources rroni tori ng stati on and the ai r qual i ty rrodel i ng done in conjunctlon wi th the Red Lion Inn expansion, it is our determination that the operation of the proposed shopping center would have a significant impact on ambient air quality and cause the ambient air standard for carbon rronoxide to be exceeded in the area. The ambient air standard of 9 ppm carbon monoxide over an 8-hour perlod has been establlshed to protect the public hea1tho An exposure of eight or more hours to a carbon monoxide concentration in excess of 9 ppm has been associated with adverse health effects as manifested by impaired time interval discriminatiQn, impaired psychomtor response and physiological stress in patients with heart disease.3 The potential impact of this facility is so significant that we feel a detailed air quality review is required before authoriZation for the project is given. Such a review should include actual ambient air monitoring fo r carbon monoxide in the vicinlty of the proposed site and a micro-analysis of the ai r qual i ty i mpact usi ng mathemati cal di ffusion model s. There are many potential mi tigating actions that coul d be taken by the developer to reduce the ca rbom monoxide impact. These might include, but are not limited to, the following: 7. A commi tment by the buil der to buil d or improve arterial s for site access. This would be particularly impo rtant for Sul l ivan Road whi ch i s only two 1 anes from Sprague north to the freeway, and Broadway which is only two lanes i n this area. 2. Reduction in the number of parking spaces. 3. Provision fo r additional entrances and exits to the parkzng area. 3EPA, Ai r Qual ity Cri teri a for Carbon Monoxi de, 1970 ♦ - ~ r a Mr. John Konen January 7, 1976 - Page 3 4. Provisions for full time parking iot supervision. 5. Commitment by devel oper to encourage al ternate methods of transportation which coul dincl ude: A. Commi tment to assure transi t servi ce to the siteo B. Provisions for bicycle parking, and C. Parking charges. 6. Operation of a carbon rranoxide monitoring station on the site. We bel i eve that the impact of these and other mi ti gati ng actions shoul d be thoroughly eval uated. In sununnary, it is our determination that the proposed shopping center at this site will have a significant impact on ambient air quality. A detailed air quality analysis of the impact of the shopping center and potenti al mi ti gati ng actions shoul d be required before aiathori zation for ~ the project is given. Sincerely, ~ J. M. Frank, Air Quality Engineer Spokane County Ai r Pol l ution Control Authori ty JMF mc Atta chmen t 1N AS H ING T O ti S T A T E - s~'`! ~"o"°'' ~ H:GHWAY CO,,Y,M-SS ON DEPART,\tE\T QF H SGHbVAYS { r ! Office or District Engineer N 2714 Mayfa i r Street nment aBox 52J9 North Central Station Spokane. Washington 99205 . January 5, 1976 Mr. Charles Huggins, Director Spokane County Planning Commission North 811 Jeffereon Street Spokane, Washington 99201 Spokane Countp Planning Commission Agenda - Januarv, 1976 Dear Sir• Thia office is in receipt of the agenda of your January 9, 1976 Planning Conaniasion Meeting and would canment on the follawing item: ZE-61-75 This office is concerned with the impact on the traffic volumea on Interatate 90 and the Sullivan Interchange Ramp such a proposed development would have. Please consider requiring the traffic impact statement for our review and conment prior to final approva.l of rezoning parcel. e truly yours, ~ f ~ ALTER R. HO ING, P.E. District Engzneer WRH: r lh RRE Attach. cc RREarneat HBAehford RecordControl,Hqs. RECEI JAN ? 1976 SPOKANE CniJN 1Y PLANNINV CnMMISSION Baker Ferguso r Cltutrntun A H Parker Hotit arcl Sorettsen V'rrginra K Gunhv Julra Butler Hansen Narold L. Boulae Walla tt alla Bremerton ElIensburg Seattle Cathiamet Secretary WASHINGTOh STATE s"`o-"~'~"~ . H-GHWAY C01VtM'-SS--0N ~ DEPARTMEhT OF HIGHWAYS A g 1 J Office of District Engineer N 2714 Mayfair Street Box 5299 North CenLrai Station - Spokane. Washington 99205 ` ~ Januarp 5. 1976 Mr. Charles Huggins, Dfrector Spokane County Planning Conaniesion North 811 Jeffereon Street Spokane, Washington 99201 Spokane County Planning Cammiasion A~,enda - Januarv, , 1976 Dear Sir: Thie office ie in receipt of the agenda of your January 9, 1976 Planning Comiasion Meeting and would coament on the following item: ZE-b1-75 This office is concerned with the impact on the traffic volumes on Interstate 90 and the Sullivan Interchange Ramp such a propoaed development would have. Please consider requiring the traffic impact statement for our review and comment prior to final approval of rezoning parcel. aV trulyyoura, ER R. HtONG, P.E. District Engineer WRH:rlh RRE Attach. cc RREarneat HBAshford RecordControl,Hqs. R'pt".~~I '1% 10 E JAN 7 1976 sPOKANE coUN I Y >>LANNINU COMMIss1oN BQAer Fergtisott ClrarrmQn A H Park er Hvuard So►ensen Ylrgtnra K Gtrnby Jultv Bcrtler Hartsen Harold L Bottlac Walla Walla Bremerton Ellertscburg Seattle Cathlamet Secretary To: Planning Commissioa , Date: Jarniary 8, 1976 FYOm: Gary Reanaly, Plaaaiag & T3caf fic Divis ion Eagineer qcuo tL. Subject: Proposed Regfoaal ShoppinF CBater Zone - Broadwap and Sullivaa A. .A review of the propoaed dsvelopment plaa indicates a auaber of areae that additiooal infos- mation or conaideration ahould be provided before aay final recomeadation is given by this department. It is apparent from the site plaa that the developers have not takea iato considesation aay adverse traffic impact their added traffic may have oa the exietiag road aetwork vhich mAy result in the need for wideuing aad impruriag the e.zietlng facilitiea. Oa Broadwaq Avenve, for fnstance, the aite plan ie develaped arouad the existing substaadard 40 foot Wide zight- of-way width. _Aay additional right-of-way dedicatioa vill reeult in a significaat redasiga of the parking layoute It a19o appears that the proposed access poiats have been designed without conside.ratioa to euistin,g accesa poiats aad ia the case of Sullivan B+oad, acceae poiats appsoved for a pre- vious zone change along the west eide of the road. The goasibility of raised chaaellizatioa also has not beea considsred ia the propoeed deaign of the major access points. It will be necessary to analyze additional traffic information In the form of projected totals, peak hour flovs, phaoing of developmsnt coastruction, and anticipated traffic origias and nestinatione, to determine whicb acceee routes - Broadvsy, Sullivaa, Spragae Avenue, I-90, etc, development traffic will deaire to use to determiae if 9ignfficaat impact oa the existing road system will result and if so, to determine the appropsiate steps that could be takea to bring those impacta to witbia acceptable limits. Much of tbis detailed data ie not presentlq available for analysis aad would have to be obtained before a final set of zone conditious could be recomended by this depastment. ~ sp NE SSlaN QFF,cE °F ~ C)N~'~`~ . c ~ 19- ~.l',, ' h1N~N~ Cp~,,~Nv p cpQK E ~ ~ To 1,,,c _ -Jr Ax-'~' $Ub~ •ect c,"44 - mo-~'c ° ' . ae7 ~ ~ S ~ ~ APPENDIX I - ~ . . ~ POLLUTIflN C~NTRO1 AUT~~~ :TY ~ , "a,,ANE ~ ~ CLPI17Y MEMO T0: The Fi 1 e FROM. Jim Frank, Ai r Qual ity Engi neer DATE: June 18, 1975 SUBJECT: RED LION INN - Complex Source Review The review of the application for construction of a complex source submitted by Thunderbird, Inc has been completed. The project proposes the construction of an addition to the Red Lion Inn Motel and associated pa rking lot expansion. The motel is located at the so utheast intersection of Interstate 90 and SuTlivan Road. The existing facility has 293 parking spaces. The applicant proposes an expansion to 416 parking spaces. , Carbon monoxide rrronito ring has not been conducted in this area. ~ However, based on existi ng traffi c f1 ow and data from other carbon monoxide monito ring stations, it is estimated that the background carbon monoxide levels in this area do not exceed 5 ppm. The impact of this facility on ambient carbon monoxide levels was rrodeled for the year 1975. Our review indicates that under the worst case conditions, the ambient carbon monoxide levels will not exceed the Federal standard of 9 ppm for an 8-hour average. The maximum carbon mono xide impact was determined to be in the vicinity of the intersection of Interstate 90 and Sullivan Road. There is a park located in this area but there are not residential units in the area other than the motei i tsel f. At thi s intersection the carbon monoxide concentrat7on was estimated to be 8 ppm under worst case meteo rological conditlons. The applicant has obtained a variance from the Spokane County Planning Commission to reduce the size of the parking lot expansion. In addition the applicant has indicated in its application its commitment to encourage carpooling and bicycling by employees and use of mass transit by guests. Based on these factors and the relatively insignificant impact of this facility on ambient carbon monoxide levels, it is our intentlon to approve the appl ication without conditions. JMF mc ADDRESS REPLY TO SPOKANE COUNTY AIR POLLUTlON CONTROL AUTHORITY NORTH 811 JEFFERSON SPOKANE, WASHINGTON 99201 ~ ' - A!R POLLUT OH CONTRDL Ati THORITY POKANE y C OUpn - January 7, 1976 , , Mr. John Konen Spokane County Plan Commission North 811 Jefferson Spokane, Washington 99201 Dea r Jo hn : We have reviewed the information that you provided us on the proposed regional shoppi ng center to be 1 ocated northeast of the Broadway and Sul livan i ntersection. The proposal ca11 s for 400,000 ft2 of gross 1 easibi e fl oor space and 2,500 parking spaces. The impact of the proposed shopping center will depend upon the average daily trip generation rate and the impact of traffic vol ume demand on access roads as a result of the operation of the shopping center. Based on estimates fo r o ther similar developments in this areal and information in the literature2 it could be expected that a development such as this would generate 30 vehicle - tri ps per l 000 ft2 gross i easibl e floor space per day. At thi s rate the center would generate an average of 12,000 vehicle trips per daya An allocation of these vehicle trips to the access roads in the area would require a nore detai 1 ed analysis. Sul 1 i van Road wi 11 be a major access route to the pro- posed site. The current average daily vehicle trips on Su1livan Road north of Broadway is about 9,000 vehicles per day. Thus, it can be assumed that this development will significantly increase the vehicle traffic on the access roads to the proposed shopping center. Neither the Spokane County Ai r Pol7 uti on Control Authority nor the Oepart- ment of Ecology operates a carbon monoxide rrronitoring station near the site in question. Estimates of the ai r qual ity i n thi s area, however, were made i rr connection with a complex source revlew of the recent expansion of the Red Lion Inn. The Red Lion Inn directiy adjoins the proposed shopping center site. The results of this review, attached as Appendix I, indicated that the existing carbon monoxide levels in the area are marginal. The proximity of the freeway is a si gni fi cant factor. lEstimate by Alvin J. Wolff, Inc, for University City East Development, 2EPA, Methods for Estimating Emissions in the Vicinity of Reglonal Shopping Centers. ADDRE55 REPLY TO SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY NORTH 811 JEFFERSON SPOKANE WASHINGTOh 99201 ♦ I 1 j Mr. John Konen January 7, 1976 Page 2 ' ~ The Spokane County Ai r Pol l ution Control Authori ty does operate a carbon monoxide monitoring station in the vicinity of Northtown. The statlon is located three blocks north of the Northtown Shopping Center in the Department of Natural Resources Office Building. This station has been operating since ' February, 1975. The data from this station indicates that the ambient levels of carbon monoxlde frequently exceed the federal standard of 9 ppm for an 8-hour average. Levels wouid be higher closer to the shopping center where traffic density is higher. Based on the information from the Department of Natural Resources moni toring station and the ai r qual i ty rrrodel ing done in conjunction wi th the Red Lion Inn expansion, it is our determination that the operation of the proposed shopping center would have a significant impact on ambient air quallty and cause the ambient air standard for carbon monox7de to be exceeded in the area. The ambient air standard of 9 ppm carbon monoxide over an 8-hour period has been established to protect the public healtho An exposure of eight o r more hours to a carbon monoxide concentration in excess of 9 ppm has been associated with adverse health effects as manifested by impaired time interval discrimination, impaired psychomotor response and physiological stress in patients with heart disease.3 The potential impact of this facility is so significant that we feel a detai1 ed ai r gual ity review i s requi red before authorization for the project is given. Such a review should include actual ambient air monitoring for carbon monoxide i n the vicini ty of the proposed si te and a mi cro-analysi s of the air quality impact using mathematical diffusion models. There are many potential mi tigating actions that coul d be taken by the developer to reduce the ca rbom monoxide impact. These might include, but are not limited to, the following: 1. A commi tment by the bui1 der to bui 1 d o r i mprove arteri al s for site access. This would be particularly important for Sul l i van Road whi ch i s only two 1 anes from Sprague north to the freeway, and Broadway which is only two lanes i n this area. 2. Reduction in the number of parking spaces. 3. Provision for additional entrances and exlts to the parking area. 3 EPA, Air Quality Criteria for Carbon Monoxide, 1970 ♦ + . ~ Mr. John Konen January 7, 1976 Page 3 A 4. Provisions for fuil time parking lot supervision. 5. Commi tment by devel oper to encourage al ternate methods of transportation whi ch coul d i ncl ude: A. Commitanent to assure transl t servi ce to the sitea B. Provisions for bicycle parking, and C. Parking charges. 6. Operation of a carbon monoxide monitorin g station on the site. We believe that the impact of these and other mitigating actions shoul d be thoroughly eval uated. In summary, it is our determination that the proposed shopping center at th1 s si te wi 11 have a si gnificant impact on ambient air qual i ty. A detailed air quality analysis of the impact of the shopping centAr and potential mitigating actions should be required before authorization fo r the project i s gi ven. Sincerely, A'r' 7-1104d~ J. M. Frank, Ai r Qua1 i ty Engineer Spokane County Air Pol l ution Control Authority JMF:mc Attachment . R • ~ ~ ENVIRONMENTAL QUESTIONS RELATIVE TO ZE-61-75 - AGRICULTURAL TO COMMERCIAL: JAMES S. BLACK BROADWAY & SULLIVAN 1) What is the timetabie for construction of the project? [f the project will be constructed in phases, please delineate the phases and give an opproximate completion date for ecch. Ans. The area will be designated as the location for the regional shopping center to serve the entire east Val ley as demand develops and wi I I be constructed as tenants are com- mitted. It is probcble that the first phase, including fihe supermarket, hardwore ond miscellaneous shop area, the total of which is 85,000 square feet, will be constructed and completed within three years of dafie, the balance in six to eight years. 2) What is the contemplated useful I i fe of the corutructed bui ld i ngs ? Ans. The buildings will be designed for fifty year life, clthough major remodelling probably will occur every fifteen to twenty years. 3) What is nature and extent of excavction and grading for the project? Wiil the final plan appreciably alter the topogrcphy or drainage of the site? Ans. The excavation ond grcding will be minimal. The site is essentially level with a 1600' frontage on Brocdwcy which slopes very slightly to the east. The majority of the buildings will be slab on grade construction. Excovation from the bosement areos (service arecs only) will be used on the site. Surface droinage is currently obsorbed on site. The proposed project will not alter this pattern. Surface drainvge will be hcndled on site. 4) How much of the area wi II be either surfcced or occupied by buildings? Please give the design criteria and calculations for a drainoge system. Ans. The entire site is about 39 acres (1,698,723 squore feet). Of this orec 434,520 square feet (9.98 acres) will be buildings cnd approximately 1,000,000 square feet will be paved. The County Engineer's office uses an empirical formulo of one 1200 gallon catch basi n per 25,000 square feet of paved area i n the Spokarne Vcl ley. The bui Id- i ng area wi I I requ i re 18 - 1200 gal !on catch bas i ns cnd the pcved areo wi 1 I requi re 40 - 1200 gallon catch bcxsins. (Ref.: Jack Finney, County Engineer). 5) Wi I I ony variances be requested from the normcl provisions of the Zoning Orclinonce ? Ars. No. 6) Does any portion of the developable site have slopes in excess of 15 percent? How would such slopes be addressed in the development? Ans. No. f . ~ . ~ 7) Are you oware of any hisfioriccl or archaelogical features of the site? Ans, None. 8) Please indicate the contemploted energy requirements of the completed project. Ans, a) Electricity (KW's per mo. for B.T. U's per mo.) 433,000 KW hrs. per month; b) Gcs (B.T.U.'s per mo.) 32 therms per month; , c) Oil (B.T.U.'s per mo.) None d) Solid Fuels (B.T.U.'s per mo.) None. (Source : Wosh i ngton Woter Power Co.) 9) Pleose indicate the source of water for the project, the nature of the hookup fio the exist- ing water system, and the amount of water useage contempicfied for the project. Ars. The water source is the existing water service available in both Sullivan Road cnd Broadway Street served by the Vera Irrigation Company. The maximum water usecge contemplated is 40,000 gallons per day. 10) Please indicate the nature of the sewage disposal system for fihe project and the confiemplated design capacity of the system. Would the proposal resul# in any notable deteriorction in ground water quality as a result of handling chemicals, virus, bacteria or other substances which would endanger ground waters. Ans. The sewage system for the project will be designed for c 40,000 gallon per dcry capacity. An aeriated system and dreinfield meeting county and s#ate Departmen# of Ecology stan- dcrds wi I I be i nstal led .(Ref Ed Pickett , County Sanitarian) (State Dept. of Ecology R. Sterling). The system will be designed for eventual hookup to a central valley system when such is available. A comparison with a residential development on the same site would be 4-bedroom house requires a 1,000 gallon septic tank, 40 houses or approximately 1 house per ccre would require 40,000 gallon in septic tcnk ccpacity. No notable deterioration in ground wcter quality will result from the proposed project. No substances such as chemicals, virus, bacteria or othen carmful matters will be dis- charged infio the system. 11) Pleose project the traffic demands of the shopping center proposal on immediate street systems, arterials, and the Freewcy lnterchonge. Also, indicate the percentage of tofial traffic originating from the following market areas: 1) Neighborhood (within 1 mile of the praject) 2) Idaho ond portions of the Spokane Valley entering the Freewcy or Trent Road ecst of Sullivan Road. -2- r - • 3) Spokane and portions of the Spokane Valley entering the Freeway or Trent Road west of Sul I ivan Road 4) Spokane Val ley south of I nterstate 090 between Sprcgue I nterchange cnd Barker - - I ntercha nge . ~ Ans. The arteriol network is ideal. Sullivan Road provides access from the North ond Sou#h Valley area, Broodway, Sprcgue and Trent. The Freewoy will carry the bulk of the traffic Ecst ard Weat. The capacity of these streets is adequate for contemplaf+ed trcffic. Because of the Freeway, traffic flow will be handled much better than at University City or at Northtown. 1) 15% Estimcte 2) 50% Bosed on 1970 Ceruus tracts and Atropol itan Trcnsportotion Studies 3) 50°l0 11 to to It el 4) 500/o go It it It 12) Indicate the types of road improvements contemplated (such os widening and channelization) to better serve the shoppi ng center complex. Ans. Sullivan Rocd has been widened and channelized. There is o traffic control lighfi ofi Broadway. Broadway will be widened 10 feet on the North side os requested by the County Engineerirg Department to serve the shopping center. 13) Describe the type and quantity of emissiors caused by the projecfi: Ans. a) Goses - None b) Smoke - None c) Dust - Minirnal from paved parking lot. d) Clcrity - None e) Qdor - None 14) What type of dust control techniques will be employed in the (c) construction phose; (b) operafiing phase. If the project is developed in stages, what will be the dust control program for adjar- cent areas of expargion? Ans. During the construcfiion, the site will be wctered during the dry season. During operotion the parking areas will be swept and cleaned. If construction takes ploce in stdges, only the oreo in the stoged developed area wi II be disturbed. The areas for future development will be left in fiheir natural state, -3- ~ t - ~ . , 15) Would the proposol produce objectionable noise levels other than vehicular firaffic? Describe the frequency ond duration of such noise. Examples: crir conditioners, blowers, refrigeration equipment. Ans. No ob jecti onable no ise leve Is wi I I be crected. ` Air conditioning equipment, exhaust fans, efic, will be set bcck a minimum of 300 feet from the necrest residence. (Average set back 800'). No large unifs will be used. The cverage fan RPM wiil be 1500 with a mcacimum D.B. of 85. Units will be roof mounted with parimeted sound and sight baffles thus directing any sounds in an up- ward direction. , 16) What features have been incorporated into the proposal for fire protection, police protection, hand I i ng of sol id waste (wastepaper and garbage) ? Ans. Fire hydrants on sifie, compactors wi I I hand le the sot id waste. 17) Would the facility impede the view of others? Ans. These are s i ng le story structures. 18) What steps have been #aken to mitigate or rectify adverse environmentcl and social effects of the proposal or to enhance or improve the existing environment? Aruw. Professional landscaping, screening, and firaffic confirol as per recommendations of Trcffic Engineer. 19) What beneficiol aspects accrue from the proposals? Ans, a) Economic benefits. 1) Costs of construction are estimated ofi approximctely $8,000,000 when com- pleted. This wi I I result i n a greafi mony construction jobs. 2) The development should pay in the vicinity of $830,000 in taxes per year. P I us other taxes assoc i ated w i th the bus i ness . 3) The development would result i n about 200 or more permonent jobs. b) Social or cutturcl benefits. Because of tmces paid, County and State Government should be better able to provide for social and recreational ond cultura{ benefits for the citizens of the VoI I ey. c) Segments of community who benefit from action. 1) Workers wi I I benef i t from more jobs. 2) Other business will benefit from supply services and materials to the center. -4- Y~ • ~ ~ 3) Government wi I i benef it from i ncreased revenue. 4) Public will benefit from having shopping centrclized in convenient planned arec rather than segmented throu9h the Valtey. ~ C E 111 E - JAN ? 1976 - SPOKANE COUN fY toLpNNlNG CQMMISSION , 1 - z - - - ! • l ENViRONMENTAL QUESTIONS RELATIVE TO ZE-61-75 - AGRICULTURAL , TO COMMERCIAL: JAMES S. BLACK BROADWAY & SULLIVAN What is the timetable for construction of the projec#? If the project will be constructed in t phases, please delineate the phases and give an approximate completion date for ecch. Ans. The area will be designofied cs the location for the regional shopping center to serve the entire east Val ley as demand develops and wi I I be corstructed as tenonts are com- mitted. It is probable that the first phase, including the supermarket, hordware and miscellaneous shop area, the total of which is 85,000 square feet, will be construcfied and completed within three years of date, the balance in six to eighfi years. 2) Whet is the contemplated useful life of the corutructed buildings? Ans. The buildings will be designed for fiffiy year life, although major remodelling probcbly will occur every fifteen to twenty years. 3) What is nature and extent of excavation and grcding for the project? Will the final plan appreciably clter the topography or drainage of the site? Ans. The excavotion and grading will be minimal. The site is essentially levef with a 1600' frontage on Broadway which slopes very slightly to the ecst. The mafority of the buildings will be slab on grade construction. Excavation from the busement areas (service areas only) will be used on the site. Surfcce drainoge is currently obsorbed on site. The proposed project will not alter this pafitern. Surface drainage will be handled on site. 4) How much of the area wi II be either surfcced or occupied by buildings? Please give the design criteria and calculatioru for a drainage system. ArLS. The entire site is about 39 acres (1,698,723 square feet). 4f this area 434,520 square feet (9.98 acres) will be buildings and approximotely 1,000,000 square feefi will be paved. The County Engineer's office uses an empiricci formula of one 1200 galfon catch basin per 25,000 squcre feet of paved area in the Spokane Valley. The buiId- ing area will require 18 - 1200 gallon catch bosins cnd the poved area witl require 40 - 1200 gallon cafich basins. (Ref.: Jack Finney, County Engineer). 5) Will any vcriances be requested from the normol provisions of fihe Zoning Ordincnce? Ans. No. 6) Does any portion of the developable site have slopes in excess of 15 percent? How would suc h s lopes be addressed i n the deve I opme nt ? Ans. No. ~ . ♦ ~ 7) Are you aware of cny historical or archoelogiccl feotuces of the site? Ans. None. 8) Please indicate the con#emplated energy requirements of the complefied project. Ans, a) Electricity (KW's per mo. for B.T.U's per mo.) 433,000 KW hrs, per month; b) Gas (B.T. U.'s per mo. ) 32 therms per month; c) Oil (B.T.U.'s per mo.) None d) Sol id Fuels (B.T. U.'s per mo. ) None. (Source: Washington Water Power Co.) 9) Please indicate the source of water for the project, the nature of the hookup to fihe exist- ing water system, and the cmount of water useage contemplated for the project. Ans. The water source is the existing water service avcilable in both Sullivan Road cnct Brocdway Street served by the Vera lrrigction Company. The maximum water useage contemplated is 40,000 gallons per day. 10) Please indicate the nature of the sewage disposal system for the project and the contemplated design capacity of fihe sysfiem. Would the proposal result in cny notable deterioration in ground wcter quality as a result of handling chemicals, virus, bocteria or other substances which would endanger ground waters. Ars. The sewage system for the project wi II be designed for a 40,000 gal lon per day ccpocity. An aeriated system and drainfield meeting county and stote Department of Ecology stan- dcards will be installed. (Ref.: Ed Pickett , County Sanitcricn) (State Dept, of Ecology R. Sterling). The system will be designed for eventual hookup to a cenfiral valley system when such is available. A comparison with a residenticl development on the same site would be 4-bedroom house requires a 1,000 gallon septic tank, 40 houses or approximately 1 house per acre would require 40,000 gallon in septic fiank capacity. No notoble deterioration in ground water quality will result from the proposed project. No substcnces such as chemiccls, virus, bacleria or other harmful mctters wi II be dis- chvrged into the system. 11) Please project the traffic demands of the shopping center proposal on immediofie street systems, arterials, and the Freeway Interchange. Also, indicate fihe percentage of totol trcffic originating from the following market areas: 1) Neighborhood (within 1 mile of the project) 2) Idcho and portions of the Spokane Val ley enteri ng the Freewcy or Trent Rocd east of Sullivcrn Road. -2- ~ 3) Spokcne and portions of the Spokane Valley entering the Freeway or Trent Road ~ west of Su I I i va n Road 4) Spokane Val ley south of I nterstate 490 between Sprague I nterchange and Barker ~ I nterchange . 3 a Ans. The arterial network is ideal. Sullivcn Road provides access from the North and South Vcl ley area, Broadwcy, Sprogue and Trent. The Freeway wi I! carry the bulk of the traffic Earst arul Weat. The capccity of these streets is adequate for contemplated trcffic. Because of #he Freeway, traffic flow will be handled much better than at University City or at Northtown. 1) 15°lo Estimate 2) 50% Based on 1970 Census tracts and Atropol itvn Trarsportation Studies ~ 3) 50°!0 Ii 4) 50°!0 12) Indicate the types of road improvements contemplated (such as widening and chonnelization) to better serve the shoppi ng center complex. Ans. Sullivan Road has been widened and channelized. There is a traffic control light ot Broadway. Broadway will be widened 10 feet on the North side as requested by the County Engineering Department to serve the shopping cenfier. 13) Describe the type and quantity of emissions caused by the project: Ans. a) Gases - None b) Smoke - None c) Dust - Minimcil from paved pcrking lot. d) Clarity - None e) Odor - None 14) What fiype of dust control techniques will be employed in the (a) construction phase; (b) operating phase. If fihe project is developed in stages, what will be the dust control progrom for adja- cent areos of expansion? Ans. During the construction, the site will be watered during the dry season. During operation the parking areas will be swept and clecned. If construction takes place in stages, only the area i n the staged developed area wi I I be disturbed. The areas for future developmenfi wi I I be left i n the i r natura I stcte. -3- ~ r ~ ~ 15) Would the proposal produce objectionable noise levels other than vehicular traffic? Describe the frequency cnd duration of such noise. Examples: air conditioriers, blowers, refrigeration equipment. Ans. No objectionable noise levels wi II be creafied. ~ Air conditioning equipment, exhaust fans, etc. will be set back a minimum of 300 feet from the nearest reside nce .(Average set back 800' No large uni ts wi t I be used. The cverage fan RPM will be 1500 with a mcncimum D.B, of 85. Units will be roof mounted with perimeted sound and sight baffles thus directing any sounds in an up- ward direction. 16) What features have been incorporated into the proposal foc fire protection, police protection, hand I i ng of so I id waste (wastepaper and garbage) ? Ans. Fire hydrants on site; compoctors will handle the solid waste. 17) Would the faci I ity impede the view of others ? Ans. These are s i ng le story sfiructures. 18) Whot steps have been taken to mitigate or rectify adverse environmental cnd social effects of the proposal or to e nhance or i mprove the ex ist i ng e nvi ronme nt ? Answ. Professiortal landscaping, screening, and traffic control as per recommendations of Traffic Engineer. 19) Whot beneficial aspects accrue from the proposals? Ans, a) Economic benefits, 1) Costs of construction are estimated at approximately $8,000,000 when com- pleted. This wi I I result i n a great many construction jobs. 2) The development should pay in the vicinity of $830,000 in taxes per yeor. P1us other taxes associated with the business. 3) The development would result in about 200 or more permanen# jobs. b) Social or cultural benefits. Because of taxes paid, County and State Government shovld be better able to provide for social and recreational ond culturol benefits for the cifiizers of the Valley. c) Segments of community who benefit from cction. 1) Workers wi I I benef i t from more jobs. 2) Other business will benefit from supply services and materials to the center. -4- . - 3) Government wi II benefit from increased revenue. ' 4) Publ ic wi I I benefit from havi ng shoppi ng centrcl ized in convenient planned arec rafiher thcn segmented through fihe Valley. 3 1 a ~ I v E D JAN 71976 SpOKANE COUiV TY PLAtVMIfVCs COMMISSIOIV - g- i January 2, 1976 M-BMORANDUNi TO: Spokane County Planning_90mmiseion Members FROlVi john D. Konen, Zontng Administrater SUBjECT: Review of ZE-61-75 - Aqricultursl to Commerclal - Blaok - Northeast c:arner of Broadway & 3ulltvan our office has aeviewed the request wlth tha Pr+osecutittq Attorney's office celativa to the nead for an Enviconmental Impaat Statement for the proiect. The staff has been vollectinq enviranmental data from several agenaies as well as the applioant whlch would be prese3nted at the January 9 heattnq. Notahly, the appltcaM -t contempiates a regtonal shopping centar somewhnt emaller than Northtown whtch could have an impact on the Sullivan Interahange of Interstate 90. The s ff wi have ir~fo on rear the envit~hmenial questlon on1y. Because maluolm of tlb~a~ ~ ~n kIIi~~~nmental lnfotmatlon needed for ProPer t+aview , we would not be prepared for the Commission to evaluate the matita of the zone chnnge at ths January hearfng. At the conalusion of the evidenae and testimony at the January hearlnq, the Commiasion should detetmine whether sufficient environmental lnformatlon has been pte$ented to eithet a) tule that the envitnnmental oonsiderations ate minac and that an environmental asse8sment o# the prcrject wfll be sufficienti or, b) that the 8hoppinq center proj ect would be a major adion requiring an Envlronaiental Impact Statement befote decidinq on the mettts of the zoning request. Hopefully, the zoning question could be addtassed at a subsequent heacinq. jDK:ms : A L T 0 R S I N S U R E R S M A N A 6 E R S A P P R AI ~ F. R S C 0 N S U L T A N T S 1 AMES S. BLACK AND COMPANY October 28, 1975 ` . Mr. Charles Hu99ins Planning Director Spokane County Plan Commission N. 811 Jefferson Spokane, Wa. 99201 Dear Mr. Huggins: At the present time fihe Spokane Valley has some 60,000 people and is con- tinuing to be our fastest growing residenfiial area. It won't be long until it has 75,000, 100,000, 125,000 and even 150,000 people. As this population develops in the Valley it becomes essential for an orderly and planned growth and development of all areas that an additional large shopping center be avai lable to serve fihe East Valley area and the Rathdrum and Post Falls area. As you look at a map of the Valley, consider its arterial network, geographic characteristics ond its present population, it becomes obvious that the ideal location for this faci I ity is the properfiy at Sul i ivan and Broadway. This area becomes the heart of the growth pattern which has and will continue to develop in the Valley, , Kaiser Reduction Works, the Spokane fndustrial Park, and other developments to the North of the freeway in the Sullivan viciniiy are a major center for employ- ment in fihe Valley. The new SAFECO at Sprague and Adams will be another major employment source. The presenfi zoning pattern of commercia( land assures that as new payrolls become ovaiiable this area will be a major location. From a residential point of view, most of the additional residential population in the Valley will be lo- cated in a circle around this orea. The development of excellent schools, churches, etc. assures the rapid development of the areQ South of Sprague on both sides of Sultivan and the areo East of Sullivan will have major residential development. Arterial access to this site is ideal; regional shopping facilities require a free- way cloverleaf location. It is intended thcat any regional development would draw from a wide area and so it must be located to funnel away traffic. The eventual developmenfi will include about 400,000 square feet of inerchandising space, including two department stores and a complete facility for fashion goods. This fcacility has to serve the people with a minimum of traffic congestion and the freeway is the only way that this can be accompl ished . M A I N 0 FFiCE 527 PEYTON BUILDING (509) 838-1511 SPOKANE. MtA 99201 • . . Mr. Charles Huggir~s Page 2 It is an absolute requirement of regional shopping facilities throughout the United States that they. be located on freeways and at the i nterchange . The arterial network at this location is ideal for serving the market. Sullivan is a four lane road and will serve the major employmenfi generators at Kaiser and the Industrial Park, the residential area North of Trent and the Newman Lake, Rathdrum area thcough Trent. Sul I ivan Road wi I I also provide access for the development of residential areas South of Sprague. Broad- way and Sprague itself provide easy convenient access for residents to the East and to the West. As the area to the East develops, particularly Liberty Lake, and Post Falls, this shopping facility will be most convenient and will be a substantial part of the market. This center wi I1 also serve the vast number of Spokane residents who uti I ize our lakes and recreational facilities. The market will include North Idaho. It is our proposal that this property be zoned now for a regional shopping center so that all developments in fihe Ecut Valley will know where this center will be and future growth and planning can develop in consideration of it. It is our intention to develop the facility as the demand develops. We already have verbal assurance of 100,000 feet of shopping facility and indication of substantial interest by at least two major department stores which would assure the development of the entire center forthwith. It is interesting to note thafi a specification from these department stores was that they be (ocated at a free- way interchange with a view of the freewcy. They are accepting no other locatiorn na- tionally. When the 400,000 square feet of space is fully developed, sales in the center should approximate $30,000,000. The center when fully developed will include the following: Estimated Bus i ness Food 400,000 Sq. Ft. $ 4 Million Drug 30, 000 $ 1.5 " Hardware 30,000 $ 2.5 " Department store 110,000 $ 8 " " " 60,000 $ 5 T.B.A. 10,000 $ 3/4 " Misc. Shops 75,000 $ 8 " The center is expected to carry both convenience goods, primary shopping goods and heavy shopping goods. Much of this volume will come from the North Idaho area, some from the central business district, and a greafi deal from population growth. Very truly yours, jsb;aw J ME S BLAC K Decembef 31, 1975 Mt. james S. B1ak:lc james S. Black & Company 527 Peyton Buildinq Spokane, VVA 99201 RE: Hearing on shopplng center - Broadway and Sullivan - january 9, 1976 Deat jim: As I lndicated to you earlier, the january Plannirg Commisslon hearinq will dealy only with the need for an Environmental Impact Statement for the shopping center proj ect. The actual arguments for the zone chanqe would be adrlressel at a subsequent hearing befora the Planning Commission. Bamese of the vast amount of environmental informatian to be evaluated, the staff will not be analyzinq the site development plan to ivtovide for a tecommendation on the zone change. Thls will come after evaluation of the environmental actiona. I would hope that the januaty heaFlnq can function as a fact-gatherlnQ tool telative to the environmental issues rather than an advocasy hearing for fihe zone change. Sincetely, John D. Koaen Zonlnq Administtator jDK:ms December 31, 1975 _ ~ Mr. james 3. Black James 3. 81ack & Company 527 Peyton Building Spakane, WA 99201 RE: Environmental Revlaw for ZE- 61- 75 - Agricultutal to Commercial Broadway Avenue & Sullivan Road Desr Mr. Blaok: I have been in contact with Mr. jim Emacto, Spokane County Prosecutittg Attocney'8 Office, reqatdirg the need for an Environraental Impaat Statement fac youc pro- posed 8happinq center on the noctheast vorner of Broadway Avenum and Sullivan Road. Mr. Emaoio auggest+ed that Buffialent environmental intotmation be made avallable to the Planninq CommisBion at the januaty, 1996, hearing to allow them to detetmine whether a.n Environmental Impact Statement !8 needed prior to thefr decision on the zoniryg t+aquest. Out Office has prepared a 1i3t of queations pertinent to the projeot, the answera to which will ald the staff and the Commission in complettng an environmentral analysia of the proiect. We will ba addresetng cettain other envirorimental que8tlona within aur area of expettise. Please indicate the 8aurae(e) of the intor- mation developed telative to each questton. I would hope that much of the reque 8ted informatlon aould be forwarded to out Offiae ear1y next week with the balanae of the infotmation delivered by Thursday morntnq, Januaty 8, 1975. Vlre would aoquaint the Commiss ton with the environ- mental areas covered and areaB tequirlnq more detalled evaluation or atudy at the january 9 heatinq. Sinaerely, john D. Konen Zonlng Adminlsttatoc jDK:ms ENVIRONMENTAL QUESTIONS RELATIVE TO ZE-61-75 - AGRICULTURAL TO COMMERCIAL: jAMES S. BLACK - BRDADWAY & SULLIVAN 1) What ts the timetable for constructlon of the proi ect ? 1 f the proj ect will be constructed in phases, please delineate the phases and give an approximate aompletlon date fcu each. 2) What !s the contemplated useful life of the aonettucted butldinga ? 3) What is nature and extent of excavation and qradinq for the proiect? Will the final plan appreciably alter the topography or drainaqe of the site 3 4) How much of the area will be either sutfaced ot xcupied by butldinqs? Please qive the design ctiteria and calculations for a drainaqe system. 5) Will any variances be requested from the norncral provislons of the Zoninq Ordinance ? 6) Does any portion of the developable site have slopes in excess of 15 percent? How would such slopes be &ddteased in the development? 7) Ate you awate of any historical or archaelogical featur+es of the site? 8) Please indicate the contemplated energy requirements of the completedp proi ect . a) Electricity CKW' s per month for B. T. U.`s per month) b) Gas CB.T.U.'s per month) c) 011 (B . T. U.' s per month) d) Solid Fuels (B.T.U.'s per month) 9) Please indtcate the soume of water tor the prof ect, the nature of the hookup to the exiating water system, and the amount of water useaqe contemplated fot the proi ect . 10) Plea se indlcate the nature of the sewage disposal system for the project and the contemplated desiqn capacity of the system. Would the prpposal reault in any natable deterioration tn ground water quality as a result of handlinq chemicals, virus, bacteria or other substarices which would endanqer qround watetys. 11) Please pro)ect the traffic demands of the shopping center proposal on tmmediate stteet systerns, arterials, and the Freeway Interchanqe. Also, indlcate the percentaqe of total traffic originating from the followirng market area s: ly Neiqhborhood (within 1 mile of the ptoiect) 2) jdaho and portions of the Spokane Valley entetinq the Freaway or Ttent Road east of Sullivan Road 3) Spokane and portions of the Spokane Valley enterinq the Fteeway oc Trent Road west of Sullivan Road 4) 8pbkane Valley south of Interstate #90 between Sptague Interchange and Barker Intercharige. 12) T.4dicate the types of road improvements contemplated (sucob as wldening and ~ channelization) to better serve the shopping center complex. 13) Describe the type and quantity of emissions caused by the project: a) Gases b) Smoke c) Duet cl Clarity e) Odor 14) What type of dust cantroi techniQues will be employed in the (a) constructlon phase; Cb) opetating phase, if the proiect is deveioped in stages, what will b e the dust control progra m for adi acent area s of expana ion ? 15) Would the proposal produce obi ectionable noise levels other than vehichlar traffic? Describe the frequency and duration of such notse. Examples: air aonditionm,blowers, te#riqeratfon equipment. 16) 16) What features have been incorporated into the proposal for fire protection, police protectlon, handlinq of solid waste (wastepaper and garbaqe) ? 17) What steps have been taken to mitiqate or cectlfy adverse environmental and social effects of the proposal or to enhance or improva the existtng environment? - 2- A■~`~ - ; SPOKANE COUNTY PLANNING COMMISSION rc~>KA`''~ 5-~ N 811 JERFLPReoN Spotcawe. VYnsHtNCairoN 99201 OEC26'T5 ~ ~ R ~ • ~ ~4c~ 391g7u L : ~ ~ ~ ► ~ Frank Reed Realty i G ~ABLE E. 10995 Sprague u ~ l~ JJGU ~ 0 nF( 2g Spokane, WA 9 92 0 6 IRRE 7 F084ARD - CL A 4~ ti ETUi 4 SEr,oER / / , ~ - - ~ ~ ~ ~ - - - - - z., , ~i SPOKANE COUNTY ~Q4K'q PLANN[NG COMMISSION c ~4V L., N 6 11 JeFpEteoN OEC26 75 8POttaNe. WnsHlN87oN 89201 . ~ "ai ~ ~ o • i" . ~ ~ ~ 1 , W + N Elva T. Sa1t ' tllo'[ D~ ' RABLE -~l PNE 6„ E. 10411 Trent Avenue ~ AS nL 1~~s[Q ~~F~,u29 v Spokane, WA 99206 'ati~C~ 10 FQflri~ ,`U 4L At~l ~ f~ Jl~, T4 SEhC~~2 ,s' I~a ti R E A L T O R S I N S U R EM A N A 6 E R S A P P°`' S E R S C O N S U L T A N T S JAMES S, BLACK AND COMPANY October 28, 1975 Mr. Chcrles Huggins Planning Director Spokane County Plan Commission N. 811 Jefferson Spokane, Wa. 99201 Dear Mr. Huggins: At the present time the Spokane Valley has some 60,000 people and is con- tinuing to be our fastest growing residerrtial area. It won't be long until it has 75,000, 100,000, 125,000 and even 150,000 people. As this population develops in the Valley it becomes essenfiial for an orderly and planned growth and development of all areas that an additional large shopping center be available to serve the East Valley area and the Rathdrum and Post Falls area. , As you look at a map of the Valley, consider its arterial network, geograp~ic characteristics and its present population, it becomes obvious that the ideal location for this facility is the property at Sullivan and Broadway. This area becomes the heart of the growth pattern which has and will continue to develop in the Valley. Kaiser Reduction Works, the Spokane Industrial Park, and other developments to the North of the freeway in the Sullivan vicinity are a major center for employ- ment i n the Val ley. The new SAFECO at Sprague and Adams wi I I be another ma jor employment source. The present aoning pcrttern of commercial land assures that as new payrolls become available this arec will be c major location. From a residential point of view, most of the additional residential population in the Valley will be lo- cated in a circle around this area. The development of excellent schools, churches, etc, ossures the rapid development of the areo South of Sprague on both sides of Sullivan and the area East of Sullivan will have major residential development. Arterial access to this site is idecl; regional shopping facilities require a free- ` way cloverleaf location. It is intended that any regional development would draw from a wide area and so it must be located to funnel awcy traffic. The eventual deve lopment wi I I i nc I ude about 400,000 square feet of inerchandisi ng space, i nc I ud i ng two department stores and a complete fcci I ity for fashion goods. This faci I ity has to serve the people with a minimum of traffic congestion and the freeway is the only way that th is can be accompl ished . MAIN OFFICE 527 PEYTON BUILDING (509) 838 2511 SPOKANE WA 99201 Mr. C har I es H ugg i ns Poge 2 It is an absolute requirement of regional shopping facilities throughout the United States that they be located on freeways and ct the interchcnge. The arterial network at this location is ideal for serving the morket. Sullivcn is a,four lane road and will serve the major employment generators at Kaiser and the Indus#rial Pcrk, the residential area North of Trent and the Newman Lake, Rathdrum crea through Trent, Sullivan Road wi I I clso provide occess for the development of residential areas South of Sprague. Broad- way and Sprague itself provide easy convenient access for residents to the Ecst and to the West. As the area to the East developu, particularly Liberty Lake, cnd Post Falls, this shoppi ng fac i I ity wi I I be most convenienfi and wi I I be a substanticl port of the market. This center wi I I clso serve the vast number of Spokane residents who uti I ize our lakes cnd recreationcl faci I ities. The market wi I I include North Idaho. It is our proposal that this property be zoned now for a regional shopping center so that all developments in the EQSt Valley will know where this center will be and future growth and planning can develop in consideration of it. It is our intention to develop the fccility as the demond develops. We already have verbal assuronce of 100,000 feet of shopping fccility and indication af substantial interest by at least two mcjor depcrtment sfiores which would assure the development of the entire center forthwith. It is interesting to nofie that a specification from these department stores was that fihey be located at a free- way interchange with a view of the freeway. They are dccepting no other locations na- fiionally. When the 400,000 square feet of space is fully developed, scles in the center should approximate $30,000,000. The center when fvlly developed will include the following: Estimated Busi ness Food 40, 000 Sq. Ft. $ 4 Mi I I ion Drug 30,000 $ 1.5 " Hardware 30,000 $ 2.5 " Department store 110,000 $ 8 " " " 60,000 $ 5 " T,B.A. 10,000 $ 3/4 " Misc. Shops 75,000 $ 8 " The center is expected to carry both convenience goods, primary shopping goods and heavy shopping goods. Much of this volume will come from the North Idaho area, some from the central business district, and a great deal from population growth. Very truly yours, .om.. 1sb;aw J ME 5 BLAC K At said time and plaL ay interested person may appec or, or agaz.nst, the g'ranting of this applicatl AGENDA, JANUARY 9, 1976 p ~ TKLEPHONE NO.. 456-2274 SFOKANE COUNTY PLANNING COMMISSION Time. Friday, January 9, 1976, 9:30 A.M. Place: Conference Room A, County Court House Annex ; ZOiqE CHANGE 1. ZE-61-7,5, Agricultural to Commercial a. Location: Section 13, Township 25 N., Range 44, E.W.M. Beginning at a point 20 feet North and 30 feet East of the W 1/4 corner of Section 13, thence North along the East right of Way line of Sullivan Road, 649.32 feet, thence East 514.3 feet, thence 1Vorth 655•25 feet, thence East 1038.72 feet, thence South 1306.12 feet to the North right of way line of Broadway, thence West along sa.z.d right of way to the point of beginning, except that portion included in the right of way of Interstate 90. b. Applicant: James S. Black and Company 527 Pe9ton Building Spokane, Washington 99201 c. Site Size. Approxzmately 38 acres d. Existing Zoni.ng:. Agricultural, established March 27, 1942 e. Proposed Zoning: Cornmercial. The hearing will also provide for an environmental review. f. Application of Zonl.ng Provision: Chapter 4.21, Section 4.21.040 g. Proposed Use of Property: Regional shopping center . . 5R.450 _ ,~s` _ • ~ .r • , . . - ~ _ ~ • ~ ~ . ~ ~ ~ r~.!~ i.~ ~ ' _ • ~ s OJ~ - . r o ~ • FRL~~~, _ . . o ~ SCALF. a_ Av E. IODD~ - Ir Fi re 7G. :•••s Y r m .W ~~~*w•~ 5tation ` , ~ ~ ~ ~ 5c hoo11 . Z ef 0 ~ ••;•~eCt riC < ~ a ~ J c . .ti°e 3 ~ Q ALL~ Wa vAIL L Y, 4 zE-61-75 In the matter of a hearing to consider changing the Zoning Map from Agricultural to Commercial and to provide for an environmental review on the followz.ng described property. Beginning at a point 20 feet North and 30 feet East of the w 1/4 corner of Section 13, Township 25 N., Range 44, E.W.M., thence North along the East right of waq line of Sullivan Road, 649.32 feet, thence East 514.3 feet, thence North 655•25 feet, thence East 1038.72 feet, thence South 1306.12 feet to the North right of way line of Broadway Avenue, thence West along said right of way to the point of beginnl.ng, except that part of right of way of Interstate 90. (Northeast corner of Broadway and Sullivan) AI€~W -Of,~ - -s~ S'rA1'S oF W ASHiNGT0N , ) SSo COUNTY OF SPOxANE ~ ~ ' beittig &ft duly sur=, depases Wd says 1'hat at all tim~~ ~gnftmod h0nda hhe wasa aild uOw ise a cl8izen cf The U"aaited 5tetes $ reeident cf SpOkam GOUMn 1NaihlMtOSta and aveP ths eugo of 8wer&y-ww year's, ?hat dn ! Z-- Zi- ` 19~ he psrsvaaaHy posUd thtee 13) ttue aM cMgct copies of the hotato atItWhed NO'rIGE OF PUBLiC HEAFdNG &T thO fallowing plaaes in Spokane Co`My o to-wita i • 1 i I • ~ , . . , „ - ~ • . . , d.~. o . . e Z~ . . - , / ~ . • i~ 3 0 . . . , . . v ~ Subscaibod aad sw= to me . „ , 19, . t KoTARY PvMiUc 'IN AND FoR sPOKANE coUrrW„ wAsxrNGr14 Residing at SpOleane , Ws 8httM;tme ~ ~ ~..r ~ ~ ~ ► a" L~° ..t- • . . ~ - ~ ~ " r ~ I~ l , C J ✓ ' ~ ~ ~ - ' • + ' ' * , r , . _ ^ , , .J ~ c~, , 'S•~O~,vi7o t ' ~ ' ~ y i~n ~ • ~ . , . _ c~ ~ • C`-~~*.~Cr^..~ . ,t.~i "~"}0 '•.Jr:. 2 ~ 3 ~ 1~.i~ ~ j i "r . . 1 ~ ~~1 ~ ~ ~ ~ ~ t ~ i i . ~ ^ ~ j_ _ Ap a ~ . ( ~ ~ ~ ~ ~ „ ~ ~ • ~ ~ 0 _ , ~ j.~--~-~, r j f i . t.~ ~ Y i • ~ ~ R ~ ~ \ r ri- ~ •s ~ r :"n - ~ ~ ~`~~~G~' ~ ` ` . y ~ ~1. ~ ~ ~ .r ~ • ~ ~ ~ .,r . ti7ovember 7, 1975 Mrv james S. Black & Co. 527 Peyton Building Spokane, WA 99201 RE: Ptoposed shopplnq center Suliivan Road and Brosdway Avenue 1:3ear Sir: Yester4p, I indicated to your seCretary that the submftted petftion for ZE-61-75 - Aqriculturai to Commercial, aid not contain sufficient signatures to be accepted for the Decembar heatinq. Only about 50 P¢raent vf the sutrounding area has siqned. The deadllne for collecting the remalning sigrlatures would be November 17, 19750, ln order for the matLor to appear on the December aQencla. The file is retained at Lhe Planntng Conmission office per.dir_g your next actfon. I have had the opportu,zfty to disttibute the submitted plans to the Spokane County Engineet's oifice for theit revisw. We will need addttlonal aopies o.f the plan to forward to the SWte Hlqhway Departrnent. I have also outlined the project at the Prosecuting Attorney's office to determine the need foc an EnviYOnmental Impact Statement for the shopping-center proposal. Hopfafully, we can contact you somotime staxt wesk to telay eome of our initial concerns abaut the proi ect. Sincerely, John D. Konen Zoning Adminlstmtor jD1C:ms warren cummings heylman & associates a r c h i t e c t s j. e d w i n k I a p p, a s s o c i a t e spokane. washington 99201 November 7, 1975 Spokane County Planning Department Spokane County Court House Spokane WA 99201 Attention: Mr. John Konnan Gentlemen: On November 6, 1975, we delivered three sets of plans to you on the proposed project at Sullivan and Broadway. Please review at your earliest convenience and let us know of any features that may require chang- ing to comply with the proposed zone change. Sincerely your, I.. ~ /~1,77, i ` ~ / ~ : _ Warren C. Heylman Architect AIA i ;WCH : j m ~ E C E I V E t..) N CJ V 101975 SPOKAIVE COUfV f Y ANNING COMMISSIQN ~ w. 511 p a r k a d e plaza telephone te 8-2107 - • At said time and place any interested person may appear zor, or against, the granting of this application. , AGENDA, JANUARY 9, 1976 ' TELEPHONE NO.: 456-2274 SPOKANE COUNTY PLANNING COMMISSION Time: Friday, January 9, 1976, 9:30 A.M. Place: - Conference Room A, County Court House Annex A ZONE CHANGE 1. ZE-61-7.5, Agricultural to Commercial a. Location: Section 13, Township 25 N., Range 44, E.W.M. Beginning at a point 20 feet North and 30 feet East of the W 1/4 corner of Section 13; thence North along the East right of way line of Sullivan Road, 649.32 feet; thence East 514.3 feet; thence North 655•25 feet; thence East 1038.72 feet; thence South 1306.12 feet to the North right of way line of Broadway, thence West along said right of way to the point of beginning, except that portion included in the right of way of Interstate 90. b. Applicant : James S. Black and Company 527 Peyton Building Spokane, Washington 99201 c. Site Size: Approximately 38 acres d. Existing Zoning:. Agricultural, established March 27, 1942 e. Proposed Zoning: Commercial. The hearing will also provide for an environmental review. f. Application of Zoning Provision: Chapter 4.21, Section 4.21.04o -v- g-. Proposed IIse of Property: Regional shopping center 8R.4so - . . - . . . _ _ i e ~ . I" •S. . • , ` ~ ~~t. , /i- ~ • aw . = . - • ~ .~r""J.r'~ . . ~ , • _ ~ r4 - y~ N . - ' ~ Gr'' ~jv ~ ~ - . . , . . NoRTH Y 0= SCALF. + r - - - r AV E • ~ ODO Ir Firc n ~ cr • . Station sc ho ~i Z . ' f ~ ► Z ~ • • ' ~ O O V J cz ~'.:JeGt ~ta ~ • +3O D M ' OOQl J c - :_i o_ ~ . . VALLE WA C ¢ VALL AYI .rr..~~ 4 A.t said time a.na place any interested person may appear for, or against, the ;ra.nting of this applicati~n. . ! AGENDA, JANUARY 9, 197i~-S ' TELEPHONE NO.: 456-2274 SPO'r'AI`rr COUNTY PLAITiNi NG C01,2MISSION Time : Friday, January 9, 1975, 9:30 A.M. Place: Conference Room A, County Court House Annex ZONE Ci3ANGE 1. ZE-61-75, Agricultural to Commercial a. Location: Section 13, Township 25 N., Range 44, E.W.M. Beginning at a point 20 feet North and 30 feet East of the w 1/4 corner of Section 13; thence North along the East right ot way line of Sullivan Road, 649.32 feet; thence East 514.3 feet; thence North 655•25 feet; thence East 1038.72 feet; thence South 1306.12 feet to the North right of way line of Broadway, thence West along said right of way to the point of beginning, except that portion included in the right of w_;,, f; Interstate 90. b. Applicant: James S. Black and C: 527 Peyton Building Spokane, Washington c. Site Size: Approximately 38 acre,= I d. Existing Zoning:. Agricultural, establi~~i--JL e. Proposed Zoning: Commercial. The hearing will also an environmental review. f. Application of Zoning Provision: Chapter 4.21, Section g. Proposed IIse of Property: Regional shopping centei, 8R.4~a ,r - f ' . - . T'.',~--"-~- y/~ : ' • - e . ' • _ - •w..r. - • • Gr. .,,•►r N _ _ ~ + . ' ~ .f ` - _ ' ~ y v~,0~ .r . . • . p • - ; ~R~c~ _ _ , NORTH 0: _ SCALE ' A AY E. ' r - . - _ _ - - . ~ _ ~ ODO Fire + ~Station Sc hoo i-•: ~ . ' ' Y ' ' Z ~:Z .z _ _ , „ o ~ ::JeCt ria ~ ~ • v . ~ ~ D' 0 -.SC ~ _ . C~ ; o O I ` J ~ a r ~ VALLE Wa V~LL- AY~ , ~ k _ . !w!~•1. . . ~ I ` f'~ ~ . 4 ~ . ~ ♦ gPOkANE COUNTX PWNING COMMISSION ~ Court House, Spokane 1, Washington APPLICATION FOR LOCAL BUSINESS OR COMMERCIAL ZONE, PART I: Information to be furnished the Planning Commissfon with an applicatfon for a Zone Change to Local Business or Commercial. 1. Development Plan - a scale drawing of applicant's property and surrounding streets showing, a. Size, number, and type of propASed establishmeits; b e Off-street parking and loading areas proposed; c. Proposed access and egress points (curb cuts); and d. Landscaping, screening, or fencing proposed. 2. Economic analysis indicating the need far the proposed development which is to include: a. Type and size (square feet of sales space) of each establishment to be built wfthin -the area proposed to be zoned; b. Number of spaces of off-street parking proposed; c. Est#mate of annual sales needed to support each establishment; d. Location of and distance from nearest competitive facilities; e. Estimated market area of e stablishments wfthin area praposed to be zoned (indicate on a map showing the vicinity of proposed zone change); and f. If estimated market area fncludes competitive facilfta.es, fndicate percentage of sales expected to be received by proposed facilitfes. 3. Furnish a letter from a Title Insurance Company, showing the property ~ owners of record, their address, within 400 feet of the exterior boundaries of subject property. PART II: • Applicato~"o. 1 2 7 Date. 4 1 &~_d ~ Name of APPlicant: 4~-_ Stre et Addre s s: ~ ~ `e 94ity: ~~State : ~ , Telephone Number; wr// ExIsting Zone Classification: Date Existing Zone Classification Established: Proposed Zone Classification; A L QA) * . oposed Use of Property. Pr ~ . ~ Legal DescriptWa of 1ftperty: AMew reb Section: Township. Range • Street Addre s s of ProPe rtY: IJbA&MMY C~r 5;(J Ltw ! VW ' Who Holds Title to the Property: &eaficarlv If you do not hold title to the property affected by this applicationt what is your intere st in it ? ~ teriii, A SKETCH OF THE AREA PROPOSED FOR A ZO1VE RECLASSIFICATION MUST BE ATTACHED VUITH THIS APPLICATION. THE SKETCH MUST BE O1V A SCALE OF 1" - 400'. viaps may be secured from the County Engineer's Office, Court House. ALL OF THE FOLLOVuING QUESTIOIVS MUST BE ANSWERED; 1. 'VUhat are the changed condita.ons which are alleged to warrant other or additional zoning; Vq 0-F r, LA P"QYV ~ ~P~•~~1~►L ~ - o F Z. What facts justify the proposed zone reclassification based on the advancement of the public health, safety, and general welfare? •'b 3. Vvhat effect wfll the proposed zone reclassifcation have on the value and character of ad j acent property ? ~r Q~~.C.~,a r . ' 4. Can a reasonable return fram or reasonabie use of the property in question be secured under the existing zone classification? ~ . A1vY APPEAL FROM ACTION OF THE COUNTY PLANATIIVG COMMISSIOIV MUST BE PR.ESENTED IN WRITING TO THE BOARD OF COUNTY COMMISSIONERS WITHIN TEN (10) DAYS FROM THE DATE OF PUBLIC HEARING HELD BY THE PLANNING COMMISSION. (Signed) TEXACEOEC= PETROLF7UM PRODUCT9 9ALES DEPARTMENT-J 8 O c to b e r 30, 1975 TEXACOINC _ poRTc.nxn BEoiorv N 2733 PITTSBURG L T BOLLINGER P O BOX 2626 aieTHrcr ewMMs brwrrwaEM BPOKANE. WA9H. 99220 James S. Black & Coo 527 Peyton B ldg . Spokane, Washington Attention: Mr. James S. Black Dear Mr o Black: In regards to your reguest for Texaco•s support in obtalning a zoning change on Sullivan Road, it is not Texaco's policy to oppose or support a proposal for zoning when it does not directly affect our property. However, i f we can be o f any othe r as s is tance fee 1 f ree to cal l our office. Ve ry tru ly you rs , TEXACO INC. ~ Ro E. BAUMAN Assistant District Manager REB : crm Thu zs recycled paper . - I MEMO-LETTER . - _ , - - , '77 -~r~'- JAMES S. BLACK AND CaMPANY 527 PEYT4N BLDG. - SPOKANE, V►IASHIIVGTON 99201 Phvrre 509 - 838-251 1 x ~ ~ F_ ~ TC John Konen DATE Caunty Pl+anning Commission ~ N. 811 Jefferson L Spokane, Wa. 99201 ~ DATE Oct. 14, 1975 Afitached find copy of the Legal De5criptivn of the properfiy an Braadway and Sullivan Road, You had called that there were many errors in the previous legal we submifited. 'James S. Black & Co, n~ ~~A. Wells, Sec'y. I CEIVEU OCT 151975 spaKANE cauNTY PLANNING CQMMISSION siGNeo SiGN€D :rAU,,Vnia_aSt.rFrRCM~nA,"r.n i~C TWIS C0 P`s' Fo P P FIR S G'rJ ,Q,DDRE S'F; E-7 €3 R E A lT 0 R S I N S U R E R M A N A G E R S A P P R 5 E R S C 0 N S U L T A N T S .AMESS,BIACK AND COMPANY September 30, 1975 Z~'Co~-7s . ..~r.~,..: z- -r o County Planning Commission ; - . - N. 811 Jefferson Spokane, Washi ngton 99201 < Attn: Mr. Charles Huggins Dear Charl ie : I have discussed with you in the past the zoning of the Northeast Corner of Broadway and Sullivan, some 39 acres, for a regional shopping center, and while I know that there are certain reservations on your part we have taken an option on this property and want to pursue the matter as soon as possible. I am attcaching the legal description of the property and the fee of $5,00. We request that the zone be changed to "Commercial" and I have insfiructed architect Warren C. Heylman to work with your staff to solve any problems of traffic, access, etc. that may come up. Please as soon as possible prepare the zoning appliccation, petition forms, title company forms and location maps, etc. We would like to have this application filed by the 15th of 4ctober so that we can be hecrd in November. Sin erely, J A S. B LAC K jsb;aw Encl. : Ik ~ ~ }MR ' _ . ' \ 7 t l,C) i_ MAIN OfFICE 527 PEYTON BUIIDING (509) 8 3 8 - 2511 SPOKANE. WA 99201 . . . . . . b _•_.C'• Jc,;i2v5 wi ~ kS1dC::. jamea S. Blsck & Company 527 Peyton 8u ilding Spokane, 'A'A 99201 Dea.r Nr. Biaak i have aaked our ;r.oninQ Admini8Uutar Lo pr+epaco the sppropriata pec your lettet of Septembet 30. We will cnail these to you as aoon a8 ti, can be prepated. Ii you would want to piak thsm up irmtsad of ha vi r-.- the::-, mailed, pleaso call Tolsn Kanen and vib will hcid them for pou. As you complete the various documents, I would call your attentlon pattf- cul.arly to Item No. 2 under Part I of the applioation torm. I have ptovlouely advised y+ou and Mr. Heylinan of ruy misqivinQa about the prioject in terms of its beinQ, tn my oplnion, a departure fmm the pnst Plannlrq Commission policy which haa nat fawued the establishment of laege genetei busineecz didrlcts at the freeway interchanqee. Sincerely, CHARI.E5 L. HUGGI i`ti ~ Direotor of Planning CLHsneF Enctosure EXHIBIT I PARCEL A: That part of the southwest quarter of the northwest quarter of section 13, township 25 north, range 44 east, W.M., in Spokane County, Washington, described as follows: Beginning at a point 20 feet north and 30 feet east of the west quarter corner of said section 13, which is the true point of beginning; thence north along the east side of county road 649.32 feet; quarter of said section 13; thence south 89°37' east 514.3'; thence south 649.32' feet; thence north 89°51' west along north line of county ro ad 530.3 feet more or less to the point of beginning. PARCE L B : Beginning at a point 20 feet north and 20 feet east of the west quarter corner of section 13, township 25 north, Range 44 East, W.M., in Spokane County, Washington; thence south 89°51' east along the north line of county road 540.3 feet to the true point of beginning; thence north 1305.25 feet to a point; thence south 89°57' east 519.36 feet to a point; thence south 0°3'30" west 1306.12 feet to a point on the north line of county road; thence north 89°51' west along said north line of county road 518.08 feet to the degree point of beginning. PARCEL C: Part of the south half of the northwest quarter, Section 13, Township 25 north, Range 44, described as follows: Beginning 20 feet north and 20 feet east of the west quarter co rner of said section; thence south 89°51' feet east along the north line of Broadway Road No. 443 for 1,058.38 feet to the true point of beginning. Thence north 0°3'30" east 1306.12 feet to the north line of the south half of the north half of said section; thence south 89°57' east along the north line 519.36 feet; thence south 0°7' west 1,306.99 feet to the north line of said road; thence north 89°51 feet west along the north line 518.08 feet to the true point of beginning; excepting that part of the right of way of P.S.H. No.2. RECEIVED OCT1 5 1975 SPOKANE COUNTY PLANNING COMMISSION i ~ ♦ T~~~:~• ►n." OKDF',K NU. , s _O A N N O. . ~ h10RTGAGOR >e~. PLAT MAP Vol PG I ~ . Qv~.J.v✓nc.. /981 1 COA'iOUR ~ 0~ :~L D T4 3 7 8 SAc 1,0T1 z oo.,q C. , 6 8.9C , . . 1 ~ 77' OT3 30 30AC.' t, ~0' " ~ I • • h , q ~ 1 / , 1 ♦ 4 1 ~ . ~ . . • Ry ~ . . ~ I n0~ ~Sz . 4J 3~ 9 °s 1 'v ~SC.~~•==.'? •r~~ ~ ~ n ~ ~ ~ ` , ~ ~ C . ~ ~ AN 2 IL 1-33 Ac JPV~ ~v~ ~L_ ' i~~cfr i ziilc~ i~•~vicAr~o.v ~ ~ ' - - ~ - 1 • i ~ ' • ~ . i . ~ . ~I . . ~ ,I . . . ~ . 1O. /L 30- • ~ je S'/& r~. Sc,4'9 s/ E ~ ~ - - - - -i~r 7r~- i ~ . 1 ~ This ma does not ur ort to show all ili hwa s, roads or. easements affectin8 said ProPertY+ no liabilit ~ P P P _ B Y Y is assumed for variations in dimensions and location. ~ ~ 1r C c t. 16, 19 7 5 rt ZE-61-75, Agricultural to Commercial Spol;ane County Plaliilill,, Gowlc,.isslo.: "-;outlty :-'O'ourt houGc ~ Spokane, vvasi11,1.jto1j ~ l,l(C,(oI'S1•,,1,2(:1 pCOpc:rty OvJiiE:CS , TP.C{t1,2,*t ti~i-, oi)Ot';aCiC: vGLlt;ty Planniny C::ommis-Siol1 (t0 r1 ~G111i1:~ plvil) qC (CO ~-:O►:s1deC i.lle :.O111ag v~,ap) froa► AGRICULTURAL to COMlv1L'RCIAL - ; on the iollotvii►;, cicscribecl propc:rt; : ~ r' See Attached: Portion of SW 1/4 of NW 1/9 of Section 13, Townsliip ZS N., ~ Range 44, L.W . M., Spokane Cawity, WA ~ ~ i~~~~-, : - I ~.`J~1;,:~ LLG'AL llLSC1lIPTI~~N CJF ~'ROPE. RTY . ' ~ { ,,eA . (0 ~ Y~c , ~ 1 ''•►~C i C' i~~; N C T .1 L• --s c r. 13 T l ' r~ '/Li ~7~ ~~2 t•~~ !'C~ , f /ti` ` ✓ C,l.~ iJo ~ ~ . i . _ ~ ~ ~ ~ r ~ ~~i,•~ /l~ ~ /~1.~."•. l- ~ / .Z / / i'c i c,. fti ~ U 7..~ ~~C- ji ~i ~'L ~ L C' ✓ C/II~F •~1 •7 S'c /:4N- ~ _ raf 51~ ~,t) 4J'r~ 4-V 1 ~ ~ ~ I ~ ~ ~ ~~4 2t ' ArP 644. V 1 ~ . : . ~J , , t 1 ~ ~ • ~ ' llxt~ 7 r ~ ~,~t~ ~~P Y .~-l. C ~ ) .,.~.L~,.+~-~.z. G~ lr~'.~'.►..~ ~c~tS' t~ . ~ rI ) ~ c ( 10.,.~......~_~-! • ` ` ►-f'/rC. z.,•.'- ~ r ~ t~ ~ ~.~Q.19 ~ ~ ~ =r tz vv-~--. 3~ ~ • ~ ~ pZ~ ~ F ' . - • ~ , ' r _ ~ lU. 11, 1L . . ~ ~ • ' . • ~~i' ~ , . 1 . . • ; . ' DAT~ Oct. 1~, 1975 ZE-61-75, Agricultural to C~mmerczal Spakalze County P~annin~ ~n~nr,~issio.~ ~o~nty ~:c~urt hous~ ~~p~C&112, vsf3S11111~t01~ J::i~~~. l~C:il~l~i7it:il; a-rc, ti~e u~~dersi~,zed ~ro~~rty ova~i~rs, requ~st ti7~ ►~~~kane Cou~~ty Plani~iny Commi~sio~a ~ta c~~~~~der a zon~n~J ~1a~1) ar (to ~:onsici~r chan~iny the ;~on~~~c~ map) fro~rt AGRICULT~JRAL to CJ~'IMERC~AL on th~ ioll~wii~; ~escribed ~rop~~ty: See Attached; Portion of SW ~/4 of NW ~/4 af Section 13, Tawnship 25 N., Range 44, ~,W.M., Sp~~ane Cc~unty, WA ~ ivl~ . ~7kL~i' , ~ L~GAL UESCRIPTIUN ~RC~~'E~TY . ` , ; . ~~u~ , ' 9~ . ~ ~ _ , ~ / "'~,~L ~ ~ ~ j/Gcc_lt~. ~ l ~ ~~'l~ i~' ~ ~ t 17 j/ y f y: 4 c:! %t 4 . - 1 J ~ , . . , t~ ~ . . 4_- ~I I~..~ .+r 1 i y! ~ . .fl _ . . . .1 • Parce~ A; Tha~ part c~f S~1' 1/4 of NW lf4 of Sectifln 13, Townsh~p 25 N., Range 4~, E.'UV,M. described as follaws: B~g at a pt 20' N and 3Q'E of ~he ~N Z/4 corner of said s~ct.; th N alg E side of county r4ad 649.32'; th S 89°37'E 514.3'; th S 649.32'; th 1~ 89°51'W alg N ln af ~county rd 530,3' m/1 tc~ P J B ~ 1'arcel B: Beg ~t pt 20'N and 20'E ~f W~/4 corn.; th S 89°51' E alg N 1n of county rd 54~.3' ta tr~e P08; th N 130~.Z5' to a pt; th S89°57' E 519.36' t~ a pt; th S 0°3'30'" W 1306.~2' t~ a pt on N ln of county rd; th 89°51' W alg said N ln of county r~ad 518. 08' ta the ~egree pt of beg . Parcel Part af S 1/2 c~f NW 1/4 of Sec~ 13 des. as follc~ws: Beg 20'N and 20'E of W 1/4 corner a~f said sect.; th S S9°2I` ~ along ~he N ln Qf Br~adway Rd No. 443 fo~r 1058,3$' to true FC?B. Th N U°3'30" E 1306.12' ~o N ln af S I/2 of N 1/2 c~f saic~ sect.; th S~9°S7'' E a~g t~e N~n 519.36"; th S~°7' UV 13Q6.99' tQ N ln of said rd; th N 89°51' W along N ln 518.08' to true ~~JB; excepting that part a~ r/w af PSH #2 . _ ~ I ~ . , , Y . The 1Nesf 32.62 feet o~ the East 1~4.~~ fe~t o~ L~t 7 and Lot 2 less the So~th f~5 feet of the'vVest 144 Et, c~nd al~ of Lots 3, 4, ar~d 5, and Lots b and 7, ~X~CEf'7 tl~at portion lying West oF o line described as ~ faflow~; ti' Cammencing at a~oint lyir~~ ~10° l5' We~k 9,6~ feet the h~~rthwest corner af Lot 7, then ~ w S0~ l5' East 59,64 ~eet; #hence Sn~thwes~ 13$.33 feef to a po~nl on the West (ine Qf Lot 6 ` oint locat~d 21 5$ feet ~oufih o~ t~te N~tthwest cor~er of Lot 6 all in Block l, Ver~dale ;f ,yL SOid ~7 , r Park Addition, EXCEFI' the East 10 feeh and Sovth 10 Feet th~rco~, ALS(J ~XCEPT tl~~t p~rrion af Lc~t 7 sold ta Texaco, I rrc , by deed dated ~une 15, 1971, 1~. 1~. ~b SPOKANE COUNTY PLANNING MMISSION MEMORANDUM FROM: Spokane County Ylanniny C-,Di1iniissio.. RE: Zone Change Application, ZE-61-75, Agricultural to Commercial Please furnish a list of the owners and taxpayers of record of all property located within 400 feet and the five nearest property owners of the below described property: Parcel A: That part of SW 1/4 of NW 1/4 of Section 13, Township 25 N. , Range 44, E.W.M. described as follows: Beg at a pt 20' N and 30'E of the W 1/4 corner of said sect. ; th N alg E side of county road 649. 32'; th S 89037'E 514 . 3'; th S 649 . 32'; th N 89051'W alg N ln of county rd 530 . 3' m/1 to P O B. Parcel B: Beg at pt 2 0' N and 2 0' E of W 1/4 corn.; th S 89 ° 51' E alg N ln o f county rd 540.3' to true POB; th N 1305.25' to a pt; th S890 57' E 519.36' to a pt; th S 003' 30" W 1306 . 12' to a pt on N ln of county rd; th N 89051' W alg said N ln of county road 518. 08' to the degree pt of beg. Parcel C: Part of S 1/2 of NW 1/4 of Sect 13 des. as follows: Beg 20'N and 2 0' E of W 1/4 corner of said sect.; th S 89° 21' E along the N ln of Broadway Rd No. 443 for 1058. 38' to true POB. Th N 00 3' 30" E 1306.12' to N ln of S 1/2 of N 1/2 of said sect.; th S 89057' E alg the N ln 519.36'; th S 007' W 1306.99' to N ln of said rd; th N 89051' W along N ln 518.08' to true POB; excepting that part of r/w of PSH #2. Please, also include all mortgage and loan numbers with addresses when possible so that proper notification may be made. If there are no more than five owners within 400 feet boundary, please furnish a list of the owners and taxpayers of record for the five closest ownerships. Incomplete or illegible title company lists are no longer going to be accepted by this department. James S. Black & Co., 527 Peyton Bldg 838-2511 Realtors Insurers JAMES s . 4LA(K & (00 Mana ers Consultants g NEST MONEY RECEIPT AND AGR ENT ..Spakane..__.........., Washington This is a legally bindinn contracf. If not understooa, Sk:pt6l.rll[7ef.. ZQ....... 197.5 seek cor.,t,elent advice. ( Date) RECEIVF.n FFtODi........,~!~I .`rt.hAPiV S. .QI'ld.. ..M...JAot? t~,.eQahe.r.f_ h.usbmt:,i.._&..1±'Yi.fe. _ Herelna(ttc cafled "Purchasec" (Please Printr _F'tve Thousatad.-and nol3O0.......,...__......... . _ _ . . .....DOLZ.ARS cs.540D.Q0................. ~ In the torm of check tor = Caeh for Note [or =5 1.000..00..., due.... DeC.... I * 1975 . . Pald or dellvered to agent aa earnest money 1n part payment of lhe purchase pHce of the tollowing dencrlbed resl ertate tn the clty of..._...... _ . - County o[_.._...SpokQne WnaMngton; Commonly known ae...~~Q~Q~'...~Q~......:'..Y.1f$St•S1G~H-..SL1Ul.kQA.•~•.--•i•~IGi~~.OT~-•DfG7GiWW............ ..snd Ieaally deecrlbed as G7 - ` Tlie West 32.62 feet of the East 144.65 feet of Lot 1 and Lot 2 less the South 65 feet of the West 140 ft. and al I of Lots 3, 4, and 5, and Lots 6 and 7, EXCE F'T that portion lyi ng West of o I i ne descri bed as ~ ..........Sale..sula~e~ci..fo.~u.rcl.~ ~ X._.f.or..tlia...iw .of the. abflve...r.e_ferenced ~ pr.opecty..--_said..study..ta..be..GOmplate.d..ta..purchaser-'.s.satis.factiQn-on or.. befare... o ? ~ . . 1 . . . _ . . . . ~ l'~~►+ Qr ..~G i P;rr.c asar... is..u..1.r.cQ.rts.ed.r.eal... estato..s.atesman.................................................................................. j . . . . ../.a_~:~-..r`~ i . . ~ •1. Titie of setier is to be (ree o( encumbrances, or de[ecta, except:....... .NVIIQ r other ._than..as.shown..in..th.is..pvrngrapI....... . _ _ _ . . Rights resen•ed in federai patents or N.P. Ry. Co., or atale deeds. building or use restrlclions general to the district. existing easements not tnconslstent wlth pu, chaser's inlended use, and buitding or zoning regulations or provtslons shall not be deemed encumbrances or de[ects. Encumbrances to be discharged by aeller may t putd out of purchuae money at date a[ closinR. Reference to compliance with Federal Truth in Lending legislatlon is not to be deemed an encumbrance. 2. Seller shail make avatiable to purchaser at o[f(ce of ctosing agent as soon as Procurable, a standard form purchaser's poltcy of title inaurance or report prelimin.k! thereto I$eued by.... P. ioetiaer..DlotiQruxl Title l.ns. Co••-and sellet authorizes agent to apply at once for sueh title Insurance. The titie policy to be issuo , hall contaf» no exceptlons other thssn thr,se providrd for in sa)d atandnrd form plua encnrnbrances or defects noted irt Paragraph 1 above. Delivery of such poltc}, ; iUe report to closing agent named herein shall con!~tituce delivery to ptirchaser. If title Is not so Snsurable us above provided and cnnnot be made eo fnaurable by term• nation date set forth in Paragraph 8 hereof, earnest money ahail be refunded7 and ali rights of purchaser termfnated; Provided that purchaser may walve defects a~ ,,.ler_t to purchase. It tltie ts so insurable and purctiaser fails or refuses to complete purchase, the earnest money shall be forteited as liquldated damages unleas scil. clecta to enforce thls agreement. The agent shall not be responslble for delivery of tltle. 3. If fipancing is required. the purr.haser and seiler 1gree to appiy Immedtately with lhe tending tnstftutfon suggested hy the agenl and hereby authorize the agent ~ assist in obta(ning sucti financfng o[ LhSs saie and to advance so mur,h of the earnest mor.ey as may be necessary [or loan costs attributabie to purchaser; provttl, ' thal if the purcllaser desires to obtain the financing himself he shali so notlfy the agent and shall complete a wrilten nppilcatlon for auch tinancing wlthin 10 days fr,-, ~ date of execulion hereof. A veferan purcbaser agreea to complete this purchase it the sale prlee is adJu9ted by the aeller to contorm tvlth thr Certlficate of Reasonal,' ~ Value Issued by ihe Veteran's Administralion. Seller and ugent ttgree to refund earhest money (less credlt report fee and appraisal fee, If any) in event financing cot tempiated by the purchaser is not obtatnable: and purchaser agrees to deduction of re4utred credit report and aPPratsat feea from earnest money as reQuired for f. nancfnR. lf purchawer fs obtalnlnK a V.A. Ruaranteed laan on new conatructlon eeller nRreen not to vlotate paraRraPh 3 0( V.A. Technical Bulletin 26 A-S.:I; purcha.q. 1q nhtnintnfT nn F►IA In9>>red ioin tl iv rKprrs,tty nrrrrrl thnt, nnlwfthsf:inriln.^, ant• ntli,,r Iirn%•i!7innn nf thlQ rnnfrnrt. fho Plirchisor 4h:+11 nnf hr nb11gnteA fa r4nrttplett. i! purch:ise of the pruperty dpscNlr•d IicrMn or tu iiicur :uiy pen:ilty by furfetturc of c:u•ne::l mnnq-y depotiit.^> or utlirrwi:ae nnlrxy Utc ru•Uer li:ia drlivcred to lhr purch.t • a writtcn statement Issued by the Federal i{nusinF Carnmigsinner settfng forth Lhe apPrniscri valne o[ the Properly fur morlgrigc insuruiire purposea o! not IesF th. ~ S.. W'hich statement lhe seller hereby ttgrees to deliver to the purchaser promptly after such appraised value statement is mude availabte to i- seller. The purchaser shall, how•ever, have the privllege and option o( proceeding with the consummatfon of this cuntract wfthovt regard to the amount of the apprais, • valuatfon made by the Federai liousing Commissioner: ' 4. (a) If this agreement is for rom•eyance of fee tiUe, title shall be com•eyed 6y Vk'arranty Deed free of encumUrances or defects except those noted in Paragraph 1. (b) If this agreement is for saie on rcal estafe contrar.t, selter and purchnser ugree to execute a real estate contract for lhe balance of the purchnse price on Rf• • F.state Contract Form A-1564 currenUy distributed by TiUe Insurance Companies or auch other forni as may be sbreed upon by the parties herefo. the terms which are herein lncorporated by reference. Satd contract shall provide that title be conveyed by VParranty Ueed. Satd contract shall contain a 30-day forfeilu, . notlce Provlslon. ' If snid property Is subJect to an existinR contract nr mortgage whieh seller is to continue !o pay, seller agrees to pay safd contraci or mortgage in accordance c~ its terms, and upon default, purchaser shail have right to make any payments necessary to remove the default, and any payment so made ehall be applierl the payments next fallinR due on the contract betn•een setler and purchaser herefn. (c) lf this agreement is for As►le and transfer of vendce's interest under exislfnR real esfate r.ontract, the transfer -hall be by proper purchnser's assignment of tract and deed sufficient in form to convey a[ter acqufred title. 5. Taxes for the ctirrenf, year, rents. msurance, Interesl, mortg:tFe reserves, water and other titflitfes conslitutinK liens shali be pro-rated as of date of posgession. 'f sellers further aRree that all personal property or chattel remafning on these premises after date of possession shall Uecome the sole property of the purchasera, unler wrlting to ihe contrary exista elsewhere on this form. 6. Purchaser shall be entiUed to possession an Closi1'g - appraxirr~ataty .Dee.,....]5, 1975 7. Purchaser o([ers to purchase the property in fls present condiUon, on the terms noted. Thfs of[er is made subject to approval o[ the seller by midnight ot....._...... Oct • 2, 1~75 . Jn conslderation of agent submittfng thia ofter to seller, purr,hxser agrees wfth agent not to withdraw this otfer durtng satd period, or uc , eariier reJection thereot by seller. Purehaser aKrees that w•ritten notice of IIcceptance given to agent by seller shall be notice to purchaser. If aeller doea not accept t1 agreettient wtthin the Ume specitted, the agent yhatt refund the earnest money upon demand. S. The eale ahsll be closed ln the office of SeIler"s aity. fot_seller,..Martin.Weber_.for.ucehcasWI►, u reasonable time after lnauranee yollcy ' report prellminary lhereto !s delivered SYlf1R'1I1g tiUe Insurable, as above provided, or z►fter com~,Irtion of nnnr_JnR, if financing s called for hereln, whlchever !s !at- ; Tha purchaser nnci seller vflil, on dem:ltl(I, (]P{m51t In escrow with the closinF ngent, ail instruments and monies necessary to complete the purehase In accordnnce u th19 nRreement: lhe eovl of escrnw an<I/or rloslnS agent's fce sh711 be paid one-htUf each by aeiler und purchaser. 9. i.lnolcum: windnw acrewi:v; srrern rlours; pliimhfng and lighling fixtures (except floor and stnntlinr lamps); shndes; Venetfan blinds; curtain rnds; all nttached bathrn. fixlures; (rPP.A; piantv and shrnbbery; waler heallng apparatnq and tfxtures; awnirigs; venlilaUng. conling anA heating systems (except stoves, tl at are noµ• on r~ prPn~lses sh~ll h~~ irtchided iti ilip sale. Attact~e~! tele~•Ision nnlrnnns, iC ahy, tlrlt :are riow ~tn Ilie premise5 sh:ill remaiin int;~ct and shail be inci de In the saie. 10. Thet'e 8re no verbal or other aEreements wlilch modlfy ar arfect thls agteement unlecs .ittart ed ereto. Tile !s of e esaQ . of thks agreen nt: / JAMES S. BLACK 8► O. ARent........... . J ...Purchaser~ , , . % By . . ...~~.~~1_..- . Purchaser . . Furchaser's Address:.._627 PEj/tOll Bld9 SPQkCJf1@ ~ YYCT. Phone 838-2511 I hereby approve and accept lhe o[fer set forth in the above agreement and lgree to carry o aINIL the terms thereof on the part of U aeller. I agree to di arg torth,~ any unpafd balance }~'n~s•,any fixtur ipp atus r aimllar Items enumernted 1n sald a~reeme~as unstltuting a parl of sald pretnis '~i`, ~ Dated this day o( _ 19. . . 5. Selle ~ . . . , Address:~ e.'Y L r Hc'let~PhoriP~= ~ 3~ ,c?- 'Fe-~~ = ~ 1• . ~ ~j/G' J~r IiF.y.[~"EttY TO I'['Rl'IiAtiEK ()F' CUPI' UF A('C'~TE:D ()FFFIt The~ Gnde igned lTrche cwk7g s 61 ft copy of lite foregoing earnest money recelpt and agreement bearing his signature and that of the seller. ' , Date'.............. _ . . . _ , : . . . . . 1 , . . , i ; , ~ ~'~~~,IiJ~~~,~~. • , . ~ . `~~;~i1~, ~ . . , ~ • . ; " ~ P11!;F. 2. PIIR{'Fln.IS)IR'S COPY WlTiI SELIER'S A(;Gi PT(;',?;~ ' ~ LIST OF OWNERS AND PERSOI.►~ ~OAY ING TAXES 0N FROPERTY Spokane County Code Number: ZE- 61- 75 Owners and Persons within 400 feete Application 1S f02' a ,nnp (';hang,e fr~nw_Ag,r.iC.1ti1tLlral tn CnmmArr_ial Certification of Title Compan,y: I hereby certify that the following list of names and addresses consisting of this and the following pages has been prepared from the latest available records and is to the best of my knowledge correct. Signed by For First Arqez~cAp Title Companv (Title Company) Date : Qctober 24~,.. 1975 LAST GRANTEE IN CHAIN • ADDITION OF TITLE (0) AND ADDRESS LOTS BLK PERSONS PAYING TAXFS (T) r j W, 1/2 of Blk 18 era O~Earl I. Cockings exc Platted ~tn I 7~~ T I Same E. 1,5922 Broadwa~v o ~ ~ ~ W 76 ft of N 1/2 of N 1/2 ~ f Tr 17 Vera -r T iSecurities ntermountai* 221-8028,98 ~ OI Donald C. Beaman ~"r T - lt 1 r Blk 2 T Utah Mtcr. 59398 Friske Sub. DiMi hapl ET YounQ lt 2r Blk 2 TiCoast MtQ. 146-5-813196 Friske Sub. 4 L. J. - Ballard , ~ f~ Q~~'11~Q ~c~ °'~~,_.lt 3, Blk 2 , T Pacificbank Mtq. 39253 Friske Sub. 0 Steven J. Evans lt 4, Blk. 2 T Firstbank Mtq. R. V. 90443 Friske Sub. 0 William H. McCarthy lt l, Blk 1 T Kassler & Co. none Friske Sub. 0 L. R. Willldms , I1I r lt 21 Blk 1 - 1 T Kassler & Ca. 3071 Friske Sub. 0 lRobert A. Burqer lt 31 Blk 1 . T Utah Mtq. 59394 Friske Sub. ` ; 0 Robert R. Cuturia k i ~ lt 41 Blk 1 ~ i T!Utah Mtg. 59387 Friske Sub. ' (Continued on next page) . LAST GRANTEE IN CHAIN A DDITION I OF TITLE (0) AND AI~DRESS T,~`i~'S _ PERSONS PAYING TAXES (T) . o hence S 89°57 min along 0°07' W 1306.99 ft o N line T °51' W long said N line 5 8.08 ft ~ R/W T & exc highway 0 L. J. Borjessan tn SE 1/4 of NW 1/ 13-25-44 T Lloyd J. Borjessan Box 127 Trentwood 1/4 corner thence W 89°51' r, d p 1576.46 ft to T.P.O.B. ~ tM6.99 T to N line of S 1/2 f N 1/2 u p along said N line 519.36 ft - . T to N line of Broad y thence ' Yv . . . p exc Canal R/W & ex highway T ~ ~Spokane Vailey Assembly' ~ t S- the E 207.46 ft of the W p of God of the City of -~pportunity ct T State of Wash. a Corp. 20 Vera exc N 5 ft also the , S 1/2 of Tract 20 exc W 0 310 ft T Clyde A. il~iams & N 1/2 exc W 517.46 ft & exc 0 Shirley I. N 5' Tract 20 Vera r T Leroy H. Gillies & w 1/ L or .vract ly era exc 4 Beverlv R. 15722 Broadway Beg at NW carner T 19 Thence . ence S`-- T S& R Mtq. 562-052490-203 to a pt on S line 44.32 ft E ot SW corner the.ce w to 0 SW corner thence N to P.O.B. T Ot~~ p Arthur Stei er that ptn Tr 19 Beg at a pt g ft E of NW c rner thence E 117-87 th nce S T . to pt 244.32 ft E f SW corner thence W 11 .36 ft 0 thence N P.O.B. T The Estate of John G. E 1/2 of Tr 19 of Wra 0 k C_1 ara Kal nnhri gti ani ka~ eXC N 5' T Elva T. Salt s- . ~ LAS'I' GkANTEE IN CFiAIN E1liliI'1'IOI'i OF TTTLE (0) AND ADDRESS T~'-'" ~ PERS ONS PAYING TAXES (T) Q- . 0 SPokane Fire Dis. #1 Broadway & Sullivan Rd. N 300 ft of E 300 ft oT- exc N77--"Trac L ~~--T Vera Melvin E. Sackett Rt. 3, Twin Falls, ID S 1/2 Tr 20 Vera c S ft o . ft T E. E. Burley, Jr. r~ exc W 10 ft ~ 0 R. E. Kirkpatrick E. 15702 BroadwayV4!(/ Beg NW corner Tr ~9, Vera thence E 125.5 tt thence T Same Veradale 99037 S to S line Tract 19 125.96 ft E ot SW corner trience p W to SW corner thqnce N to P.O.B. T ~ Zb , 0 Texaco I nc . ptn lots 6 to 10, Blk 1 ~ -Veraca .e P7c. tseg y T Texaco Inc. Tax Dept. corner of l0 8. B k 1 thenc --N along =ine o o 8 8u fi p to T.P.O.B. thence Sly ' along h line lts i-b LUU T ft thence W 40 ft thence N 11U tt thence w 1 u=L p thence N to Nly 1 ne lt 9 ~ -Thence My along y lineEr T of lts 9&8 to P.O.B. 0 James Boatwright ~ Lots 6 to 10, Blk 1 exc 1014 Franklin St. ptn ot 15-R-s 6--to , BT}c f- T West Coast Service Co. Vancouver, WA Veradale Pk. Beg t Sely corner ot lt 6, rs x i tnenc p N along E line of lt 8 80 f~ to `l'.r.u.B. tnenc4 5iy T along E line, lts 8-7-6 280 - fT-Thence ence iT- p 120 ft thence W 1 0 ft thence N to lvly line lt y T thence NEly along Nly linesl Ot 1tS 9&tS t0 V.U ti. 0 T, I 0 Esther Harbert Lot 11, Blk 1 6600 Highway 99 T James E. Boatwright Vancouver,~WA 44-;pr~ Veradale Park 0_,g F APC~kPr ~~Q~ ~ f~ a0 Lot 12, Blk 1 T CnmmPrnP Mtg 22418 Veradale Park 0 Ivan Bonderman ~ Lot 13, Blk 1 T Lincoln lst Fed. S&L 1-0119052 Veradale Park I ~ ~ ~ , LAST GkANTEE IN CHAIN A1)UI`1'i0I14* OF TITLE (0) AND ADDRESS ?OT"-) PERSONS PAYING TAXES (T` Lot 14 , Blk 1 0 J. RT Wharton ~ T Kassler & Co. 2280001 Veradale Park 0 Darlene Berq E. 15019 Mission ~ Lots 14 & 15, Blk t T Same Veradale Park 1AA 0 MerlintSchmautz Lot 16, Blkll T Lincoln lst Fed. S&L 1-0116783 Veradale Park_ 0 D. L. Bonar Lot 17 , Blk T Commerce Mtq. 22714 Veradale Park: , K. V. Curry ~ "L--. T Robert H. Crews N. 310 Pines Rd. , 0 Robert H. Crews Lot 3, Blk 2 T Same N. 310 Pines Rd. Veradale Park 0 1 Blk 4 Jamps V. Luhan Lot , . T L& J Construction Co. W. 1921 Pacific Ave. Veradale Park 0 M. E. Martin f ~ • ~'f~"~ Lot 1 r ~ T Securities Intermountai.p 216-242567 Murbachs Sub. . ~ Lot 2 0 , I. S. Fleael . ~ T Irvinq S. Fleqel E. 15416 Broadway Murbachs Sub. 0 Jack Wunder lich Lot 3 T Jack A. Wunderlich E. 15406 Broadway 0 W. F. Curlev U' T Commerce Mtq. 20657 Murbachs Sub. , VA~ Lot 11 0 James E. Collier T Comm erce MtQ. 28067 Murbachs Sub. 0 Marshall A. Bera Lot 12 T Commerce Mta. 28066 . Murbachs Sub. 0 -J` F_ DPqp-nharc~t ~ LOt 13 T Commerce Mtq. 28068 Murbachs Sub. L I ~ . LAST GRANTEE IN CHAIN ADDITION OF TITLE (0) AND ADDRESS LOTS BLK PERS ONS PAY ING TA XES (T) 0 William R. Davis ,~~P~~~a/ Lot 14 . ~ T Commerce Mtg. 28065 Murbachs Sub. p Lyle R. Palmer E 1/2 Tr 18 Vera xc Beg T 1/2 thence E 137. ft - , p 137.5 ft to W lin ro. f said . . T 0 Marion L. Maudlin the W 137.5 ft of N 330 ft ~ ~ T 0 T 0 T 0 T 0 T ~ 0 , T 0 T 0 T 0 T 0 T 0 T i ~ ~ ~ LAST GRANTEE IN CHAIN A DDITION OF TITLE (0) AND ADDRESS LOTS BLK PERSONS PAYING TAXES (T) Humble Oil & Refining r Lt l, Blk 1 exc W 72.62 ft 98858 Veradale Park Addition T Kevin A. Kummer Box 272, Waterville, WA! W 172.62 ft of lt 0. 0 Greater Spokane Dev. - & all of lt 2& 5, Blk 1 T W. L. FleminQ Box A, Kendrich, Idaho Veradale Park 0 Greater ST)okane Dev Lots 3& 41 Blk 1 T ; Frank RePd Realtv E. 10995 Spraque(22§--1/ Veradale Park Gvt. lots 3& 4 of NW 1/4 ~ Inland Empire Paper.Co. Box 686 Millwood Stat. 13-25-44 exc highw y T sam~ Spokane, 99212 0 state of Washinaton ptn in R/W P.S.H. ~o.2 T , T. E. McLlaskey & 0 Edward H. Pietz ptn of SW 1/4 of 1/4 Beg 20 1 l. 1V & 3 T corner, thence N 6 9.32 ft ~v . . . . 0 thence E 514.3 ft hence S b:)5 zt trieric:e w B: T exc Rd. 13-25-44 0 K. M. Holman ptn SW of NW of 13 25-44 Beg 20' N& 30 ft ot W T Holman & Austin 1/4 corner thence 649.32 , E 514.3 ft S 649. 1 W to 0 b P.O.B. T ptn of Sw 1/4 of 1/4 Beg 0 Kebob Inc. ?0 ft N& 2Q ft E~of 1/4 corner thence E allong N T Holman & Austin line Broadwav 540.3 ft to T.P.O.B. thence N 1305.25 0 1 2 of N 1/2 of Sec. thenc S 89°57' T E along said N ULL 519.36 ft thence S 3°30" W 1306.12 0 ft to N line of Bboadwav _ T thence N 89°51' W along N line of Broadway ~18.08 ft to P.O.B. exc can 1 R/W 0 l-~-25-44 T ~ 0 Robert B. Austin '26 ~ 06 ptn S 1/2 of NW 1 4 13-25-4 T Holman & Austin corner thence S 8° 51' E 31Qng N line Broadwav 1p58.38ft to T.P.O.B thence N -no13' 34" E 1'06 12 ~ ~ ; ~ You are h~reb notified, that on Y at th~ hour af . Qf said day in Conference Ro~om A, ~al~on Avenue En- tran~c~e, S t~kan~e Ca~nty ~aurt Hous~ An~~x, Spfl~Can~, p W~pshington, The SPO~KAME CaUNTI~ PLAI~NIN~ CClM~IS- SI~►~i will cand~ct a public hearir~~ to ~ ~s ~ c~ ~ ~ ~ ~ ~c u~ ~~rw~m~~a~~~r~~~ ~ c~~ ~eneral descriptivn af area: . ~ ~ ~ ~t ~ ~ ~ ~ r~. ~ ~a►, r~. ~ ~r~.~ r~r►a,~ ~~1~; i~.,~ t~~ tt► ~i. 3~i~r ~dr~~ ot ~ o~' a~r►a~► A~ R ~ ~ ~ ~ ` Q~ ~ ~ ~ ~ M ~ M7~~ ~~i1i~4 ~~~d ~I ~t Oi ~ t~~' ~,t ~ i~ili~► ~d~ F~R ~I~RTHER DETAIIS contaet the Spak~ne +C~►unty Plannin Commi~sivn, Public W~rks Building, N. 811 Jeffer- ~ ~c~n Str+eet, ~pokane, 'W~ashington. r~° ~ ~ Direrto~ af Planning Spvkana County Planning Gommission FORM 840 PLNG COMM. 3•89 r i F ~ m- - ~ + u ' i`Y ~ _ n . . . . _ , - i - ~ . ~ _ . T-- ^ - - ..s - -'y - - ...~..z• ~ ~ ~i~:'s__ - a r-•~. . ~ ' - i ~ ~ ' ~ ~;;Sy`~ ,~`~.I ~ ~ -1 w ~ ' o K`' . ~ . . - . . ~ - . • ~ X~t ~ 9NF'^ ~_`aA?- ~~+~1,,`~~+~fi~.~ .~r~? ry~~T I~_ S.A1 . . 1 a ' 'h4 - • --M1 _ .~~i.' ,r-'~,•-.,1 'a!~ry;'.._ :1 -~,w.~ . ~ ~ ~ , . iw ~~{"'1.. . . , . , ~ - . . r ~ . ~ _ . _ , a_ • . - - _ y , ~ ~•.'L~ ~ ftiY,♦ "ac , , ~ • . ~ ~}J. ` .R..`~~~ ` ~ " ~ •y .ry'~i ~~.,1'.-~ r 'y ,r~: ` - 4 . . . ~ • ~I` ' ' ~ ~ i ~"iN ~ ` ' ; ~ ~ y,i~; i~. • . - ~~t t ~ ~i ~r~• H , ~.w!.~5.+ ~ ' ~r`, ~f` ~ - ~T ~4 • •I~ ` , , ~ s,- . ~ ,.,k ' ' , . ~ ~ ~-~,.T ~ . ♦ ' ' ; ~ ~ ay ' r r'~ +y i~ . 2 ~1 r 1~ ; ; ' V' ` ~ ~ ~ ~ . , 4t . 7R ~ ~ :~Y 1 4 - - ~ _ - ' ' 4~., - - - - - • _ " s ~ l~'~ ti~~ f , = ~ •~~~s~~~ ' E :L. ~ 2+ . Rr ` , h -f~~ .s►• w~,~. . ` . . ~ . ' ~ r+-~-.F. ~ . i su . ir...~ w-~3~ , + ~ ~ ~ ,r ~ . • ~ ~ . - ~ . r ~ .9~'rii-~. ~ , . ~~"'1 ~ . ~a,-...~~. ~ ~r. ' .1 . . ~~1~« :l r ~ ~ x ` ~r . . , ~ ' ~ . . . ~ .,1. ~ • r. . 3 ; . . . ~ . . _ _ . ~ ~ . ' , i' - • ~ , y „~aa~',~~ a-^~ _ ~ ' _ ~T ; . 1 . . - _ . ti"~ F ~ ' ~ ~ P~~~ . y ~ ~jA~ ~ ; -4 , y « . ~ . ~ . ~ . a~ : - ' ~ ..fi . - {F , _ . ~,.1 ' . ~ q ` ~ ~Y ~D~y~k ♦ ~ ' A' ~h, 't~t4. ' Y'~~.. .i' A'.~~ 2~ . ~ . ~ . 'k y~' . y. _ ~ Y ~ y ~ ~I' ~ , ~ J ' i ~ ~ : , i• '.s ~ . ~ . . , . . 7 • w~ . ~ - `+"ai~✓,~, s ~F ' ys 1 4. ~ tc 11: ~ v ~ ±~t . ~ .^l 1 ~ ~..,e~ . A Me . ~ . a 4 ~ ~l ~ { - r,~~ w~ !'.4~.~•. _7f tt. k` ~ r ~ 4r AP - . ~1~+' • ~ , ,ii~` - . . . . . _ . ~ _ ~ , ~ . . . _ _ ~ • . . , , - - . . - - . . . M _ . . . -en , s,,.~e~v' ~ . i~- T • , r ~ ' . DRAFT LOCAL ORDINANCE--.SPOKANE COUNTY WASHIlVGTON STATE ENVIRONMENTAL POLICY ACT OF 1971 This draft prepared by STAFF OF SPOKANE COUNTY PLAilNING COMMMISSION July 1, 1976 PRELIMINARY r ~ M 7 . REVIE`~J OF TFE, DRAFT SEPA ORDINANCE IT-ICLOSED IS A COFfY OF THF, PRELIrM1ARY DRAFT OF Tf-E COUNrI'Y ORDINANCE IlMP1117- =IlN,G THE, STATE SEPA GUIDELINES AND EST.ABLISHING AN ADT=STRATIVE SYS'IEIvI LnI THE COUNTY FOR FOR24A,L ENTIRONMENlAL REVIEW. S]NCE A GREAT DEAL OF TIE COMTTY ORD7NANCE SINIPLY ADOPTS BY REF`ERFNCE WHOLE OR PARTIAL SECTIONS OF THE STATE GUIDELINES, MODEL ORDINANCE, AND THE ACT ITSELF, COPIES OF TIMSE DOCU-MENTS HAVE ALSO BEEN INCLOSED. PLEASE SiJMBIT YOUR CONMENrS ON A SEPARATE SHEET OF PAPER RA'I'FiFR THAN WR ITING ON THI S C OPY. WHII,E REVIE'WIlNG THI S DRAFT ORDIlV.ANCE, TRY TO IDIIN''I'IFY ANY ADDITICINAL TERMS TFiAT SHOULD BE PLACED ITJ T--E DEFINITION SECTION TO CLA.RIFY 'IHE IN'TERPRETATION OF THIS ORDINANCE. THE DEADLINE FOR A.DOPTION OF A COUNrI'Y ORDIlVANCE AS SPECIFIED IIY THE STATE GUIDELINE -D IS JULY 149 1976. WE WILL NOT LIKELV MEET THIS DEAI)LINE, HOWEVER WE WILL TRY FORMAL ADOPTION AS SOON AS POSSIBLE. THREFORE, A DEADLINE DATE FOR REVIEW OF THIS DRAFT WILL BE SET AT 21 July 1976 . PLEASE SUBraT ANY CON~ENTS REGARDING TfiIS DRAFT ORDIN.ANCE TO THE OF'FICE OF THE PLANNING C OI'RISSI ON STAFF ON OR BEFORE THAT TJATE. I I THANK YOiU ! . t ' . -010. POLICL S AND AUTfiORITY. (1) The County of Spokane hereby adopts by reference the policies of t,he State Environmental Policy Act as expressed in RCW 43.21C.010 and Rcw 43.21c.020. (2) The County possess the authority to denv or condition actions so as to mitigate or prevent adverse environmental impacts. This authority applies to all County activities including actions as defined in this ordinance, as well as activities which are categorically exempt or excluded from the defini- tion of action whether or not such activities are considered to be ministerial in nature. - 02 0 . ADOPTI (mT BY REFE'RENCE. The County hereby adopts by reference certain sections or subsections of Chapters 197-10 and 173-805 of the Washington Administrative Code (the SEPA Guidelines, and th.e SEPA Model 4rdinanee respectively). Stiich sections will be identified summarily by code rather than being reproduced in this ordinance. -030. IlVTEGRATIOiN OF SEPA WITH OTHER GO AL OPERATIONS. Adopt : WAC 197-10-030. -040. DEFINITIONS. Adopt : WAC 197-10-040, and WAC 173-805-430(2). Additional Definitions: in addition to those definitiona contained in WAC 197-10-040, and WAC 173-805-030(2), the following terms shall have the meanings presented here, unless the context indicates otherwise. (1) Public Official--any elected official or-8dministrative head of an office or depaxtment of the County. PRELIMINARY J ~ t I tLIMINARY l (2) Fligible Public Official--any public official with licensing authority i for private proposals, or an interest in public proposals when they constitute actions as defined in this ordinance. (3) Responsible Official--one of the eligible publie officials for a specifie proposal who shall act in behalf of the County and Comply with the terms of this ordinance. (4) E7nergeney Action--any_ action officially deelared by the Board of I County Comnissioners to be of an emergency nature and t,herefore, exempted from the procedures of t,his ordinance as provided in WAC 197-10-180. -050. TINLING OF THE EI.S PROCESS. Adopt : WAC 197-10-055• -060. SCOPE OF A PROPOSAL AND ITS IlMPACTS FOR TI-E PURPOSES OF LFAD AGIIVCY DETERNm`JATION, RESPONSIBLE OFFICIAL DETFRMIlVATION, =SHOLD DETERr7IIJATION, AND EI S PREPAR.ATI ON . (1 ) Adopt : ZdAC 197-1 0-060. (2) Amanend WAC 197-10-060(1) to read: "The proposal considered by an acting agency during the lead ageney determination procedure, an official during the responsible official determination vrocedure, and a responsible official during the threshold determination and 'IS preparation shall be t,he total pro- posal including its direct and indirect impacts..." -100. LEAD AGENCY DUTIES, DESIGNATION, AND PROCEDURES. Adopt: WAC 197-10-200, WAC 197-10-203, WAC 197-10-205, WAC 197-10-210, WAC 197-10-215, WAC 197-10-220, WAC 197-10-230, WAC 197-10-240, . WAC 197-10-245, WAC 107-10-260, WAC 197-10-270. P B I EL rilIAN ■A1~ ~ ~al _ Y. . BELIMINARYs s , -120. RESPONSIBLE OFF'ICIAL DUTIES, DESIGNATION, AND PROCPDURES. (1) Desipation of the Responeible Official. When an office or department of the County determine: that an action is a major action and the County is the lead aL~ency, that nublic official will designate a responsible official aceording to sub4ections (2), (3), and (4) below. (2) Government Licensin~j. (a) If a aingle office or department of the County is required to provide a license for a private proposal, that public official is the re9ponsible official and will adm.inister the terms of this ordinance. (b) When more than one office or department of the County is required to issue a license or approval for a private proposal, only one of the public officials shall be designa,ted as the responsible official. The responsible shall be deterrni.ned by refering to the list of eligible public officials provided in subsection (c) below. Of the eligible public officials, the one who's title apDears first on the list shall become the sole responsible official for the proposal and shall admi.nister the terms of this ordinanee. (c) Eligible public officials for actions of government licensing: (1) County Planning Commission--Director of Planrling (2) County Ehgineer's Department--County Engineer (3) Building Codes Department--Building Offieial (3) Government 2etions of a Pro,ject Nature. (a) If a single office or department of t,he County is proposing an action of a project nature, that public official is the responsible official and will administer the temis of this ordinanee. (b) When more than one office or department of the County is PRELIMINARY / ~ PRELIMINARY involved in the proposal of an action of a project nature, the public official wi.th a clearly establi9hed majority interest in the proposal shall be the only responsible official for the entire proposal and shall administer the terms of this ordinance. 11ajorit,y interest in a proposal shall be mutually agreed upon by all eligible public officials involved. If ma.jority interest cannot be established, the responsible official shall be determined by refering to subsection (c) below. (c) When more than one office or department of the County is involved i-n the proposal of an action of a project na.ture, and ma,jority interest cannot be established by mutual agreement, only one of the public officials shall be designated as the responsible official. The responsible official shall be determined by rePering to the list of eligible public officials,provided in subsection (d) below. Of the eligible publie officials, the one who's title appears first on the list shall become the sole responsible official for t,hat proposal and shall administer the terms of thi9 ordinance, (d) Eligible public officials for government actions of a project nature: (1) Department of Parks and Reereation--I7irector of (2) County Engineer's Department--County Engineer (3) Spokane Interna.tional Airport Board--Direetor of (4) Spokane Interstate Fair--Manager of (4) Government Actions of a Non-pro,ject Nature. (a) Adoption and Amendment of Legislation: When an action involves the adoption or amendment of legislation, ordinances, rules or regualtions by the Board of County Commis9ioners which contai.n standards controlling use or modification of the physical environment, the public official for the office or department sponsoring the legislative aetion shall be the responsible official. When the Board of County Comnissioners itself sponsors le€islative action PRFI IM14LRY , [AELIMINARY . without co-sponsorship by another office or department, the Board itself shall be the responsible official. When any other cortHnission, board, or cornmittee adopts or amends rules or regualtions which contain standards controling use or modification of the physical environment, for its own use or operation, the chairperson of the commi.ssion, board, or comni.ttee shall be the responsible official and shall administer the terms of this ordinance. (b) Land Use Controls: When an action involves the adoption or amendment of comprehensive land use plans or zoning ordinances, the reapon- sible official shall be the Director of Planning. (c) Policy, Plans, and Programs: When an action involves the adoDtion of any policy, plan or program w hich will govern the development of a series of fuzetionally related ma.jor actions (but not including any policy, plan or prograrn for whieh approval must be obtained from any federal agency prior to implementation) by the Board of County Corranissioners, the public official sponsoring t,he policy, plan, or program shall be the responsible official. When the Boaxd of County Cocran3.ssioners itself sponsora programs, plans, or policies without co-sponsorship by another office or department, the Board itself shall be the responsible official: When any other corIDnission, board, or committee adopts or amends any poliey, plan or -orogra.m which will govern the develogment of a series of ftiinetionally related ma jor actions, for its own use or operation, t,he chairperson of the eorranission board or comm.ittee shall be t,he responsible official and shall administer the terms of this ordina.nce. (d) Annexation: When action involves the creation of or annexation to any special purpose district, the responsible official shall be the highist official of the special purpose district that sponsors the proposal. GJhen the Board of County Commissionera sponsors a proposal without co- PRELIMINARY - , ~ PRELIMINARY sponsorship by another body, the Board itself shall be the responsible official and shall administer the terms of this ordinance. (e) Utility Rates: When the action involves the adoption or approval of utility, transportation and solid waste disposal rates, the responsible official shall be the County Engineer and shall administer the terms of this ardinance. (f) Capital Budgets: When the action involves the adoption or amendment of capital budgets by t,he Board of County Comnissioners, the responsible official shall be the Budget Director, and shall adminsiter the terms of this ordinance. (g) Roads, Streets, and Higharay Plans: When the action involves road, street and highway plans, the responsible official shall be the County Engineer, and shall administer the terms of this ordinance. (h) When more than one office or department of the County is involved in the proposal of an action of non-project nature, the public official with a clearly established ma,jority interest in the proposal shall be the only responsible official for the entire proposal. The majority interest in the proposal shall be mutua.lly agreed upon by all eligible nublic officials involved. If ma,jority interest cannot be established, the resp- onsible official shall be determined by refering to subsection (i) below. (i) When more than one depaxtment or office of the County is involved in a proposed aetion of a non-project nature, and the majority interest cannot be established by mutual agreement, only one of the public officials shall be desienated as the responsible official. The responsible official shall be determined by refering to the list of eligible public officials provided in subsection (j) below. Of those eligible public officials involved in the action, the one who's title appears first on the PRELIMINARY . VRELIMINARY list sha]_1 Uecome the sole responsible o-fficial for the nro;~osal and shall administer the t?rms of this ordinance. ( j ) Eligible Public Officials for actions of a IJon-pro,ject Nature : (1) County Planning CorcIInission--Director of Planning (2) County IIzgineer's Department--Count,y Ehgineer (3) Department of Parks and Recreation--Director of (4) SDokane International Airports Board--Director of (5) Building Codes Department--Building Official (6) Spokane Interstate Fair--Manager of -150. CATEGORICAL ECEMPTIONS. Adopt; WAC 197-10-150, kTAC 197-10-160, WAC 197-10-170, WAC 197-10-180, WAC 1 97-10-190 (1 ) , and WAC 173-805-0E0, -170. II`=OIV~=ALLY SENSITIIE AREAS. n.dopt. : WAC 173-R05-050 ( l), WAC 173-805-050(3), and ?-lAC 173-805-050 (4). -200. THRFSHOLD DE=UNATIOIv' REOUIRET•'IENi S^ PROCEDURFS AND DOMIINTS. (1) Adopt: WAC 173-805-090. (2) Amend WAC 173-805-090(1) to read: "Exce-ot'as provided in WAC 197-10-300(2) a completed checklist in the form provided in WAC 1017-10-365 shall be filed at the same time as an application for,permit, license,..." (3) Atnend WAC 173-905-090(2) to read: "For all proposals for which the County is the lead agency, the responsible official of the County shall make a threshold determination pursuant to the criteria and procedures of WAC 197-10-300, WAC 197-10-310, WAC 197-10-320, WAC 197-10-3309 WAC 19.7-10-340, WAC 197-10-345, WAC 197-10-350, and WAC 197-10-360. PRELIMINARY , • PRELIMI'NARY (4) Add to WAC 197-10-330 new subsection (3); In cases where the responsible official determines that a general review of the environment,al information by the public and iilterested agencies would be advantageous prior to a threshold determination, t,hese data may be assembled into a report to be called a"Staff Study of the Potentially Significant II1vironmental Impacts" (herin called the Staff Study). The contents of the Staff Study will include the environr;iental checklist, additional information gathered under the provisions of WAC 197-10-330, and any analysis deemed necessary to full,y understand the data.. The Staff Study wil?. be ma.de available for public and agency review on a request basis for a period of fifteen (15) days unless specific provisions are ma.de with the responsible official. The Staff Study along with the review comnents will be used by the responsible official when making a threshold determination. -250. WITHIDRAWAL OF 'IHRE SHOLD DE'I'1191MD1ATI0T? .S. • Adopt; WAC 1?7-10-370, and WAC 197-10-375• - 260 . APPEALS OF 'IHRE SHOLD DE'IERNIINATIONS. In the case of multiple jurisdictional officials for a single proposed action, and there is objection to the threshold determination made by the responsible official, the threshold determination may be submitted to the Board of County CorrIInissioners for review or appeal. Members of the general public may also submit an appeal of a threshold determination to the Board of County Comnissioners. Submiaszon of a threshold determination to the Board of County Commissioners for review or appeal shall be initiated prior to action by t,he Board of County CorcIInissioners on the proposal, or within fifteen (15) days from the date of the threshold determination, which- ever comes first. The threshold determination of the responsible official Is u ji nii manT . ~ PHELIMINARY shall be held valid unle9s the narty seeking appeal can provide substantive determination proof that the original ^is improper. If the party seeking appeal is another public official with jurisdiction over the proposed a.etion and the appeal results in an unfavorable judgment against the responsible official, then the uublic official geeking appeal will become the new responsible official and will administer the terms of this ordinance. -270. EFFECT OF THRESFiOL.D DE'IERNINATION BY RESPONSIBLE OFFICIA.L OF THE LEA.D AGENCY. Adopt. : WAC 197-10-390. -300. DRAF'T EIS PREPARATICIN AND CONTIINTS. (1 ) Adopt : WAC 197-10-4o0, WAC 197-10-405, WAC 197-10-410, WAC 197-1 o-425, WAC 197-10-440, WAC 197-10-442, and WAC 197-10-444. (2) To replace WAC 197-10-446, add: The responsible official at his own discretion may supplement the list of required elements in an EIS (WAC 197-10-444) to address social, cultural, and/or economic issues. Such additional elements shall become a part of the enviror.ment for EIS purposes only, and will not be included on t,he environmental checklist, or used to make a t,hreshold determination. No agency shall prescribe additional material for an EIS beyond what is required by the responsible official and thi.s ordinance. (3) To replace WAC 197-10-420, add: Preparation of an EIS. (a) Preparation of t,he EIS is the responsibility of the lead agency by or under t,he direction of its responsible official. No matter who participates in the preparation of the EIS, it is nevertheless the EIS of the responsible official of the lead ageney. The responsible official, prior PRELIMINARY I ♦ . PRLLIMINARY to distributing the draft EIS, sha.ll be satisfied that it comrplies with the provisions of these guidelines and those of WAC 197-10. (b) When)through an affermative threshold determination, an EIS is required by the responsible official for an action involving government licensing of private proposals, the draft EIS shall be prepared by a qualified individual or firm having no financial or buainess connection with the applicant nor interest in the property or application in question. Such individual or firm sha.ll be chosen by the responsible official, and such ehoice shall be agreeable to the applicant. The individual or firm shall work under the direction of the reaponsible official. (c) The responsible official shall asswne full responsibility for the circulation of the draft EIS in the manner prescribed in WAC 197-10-450 through 495. (d) The selected individual or fivnwill assiat the responsible official in evaluation of any general public and public agency conanents that result from eirculation of the draft EIS and/or hearings held in which the draft EIS was discussed. The selected individual or firm will also assist the responsible official in t,he preparation of the final EIS. (e) The fee for the services of the selected individual or firm sha.ll be negotiated as a part of the process of selection of said individual or firm and shall be paid to the County by t,he applieant in advance of commencement of compensable work by the said individual or firm. -350. PIJBLIC AWAR.ENF}SS, HEARINGS, AND CIRCULATION OF DRAFT EIS. Adopt : WAC 197- 10-450 through WAC 197-10-445. PRELIMINARY . . rdELIMINARY -370. RESPONSIBILITY OF CONSULTED AGENCIES . (1) Adopt : WAC 197-10-500 through WAC 197-10-545• (2) Add new subseetion: Deaignation of official to preform con9ulted agenc.y duties: The public official for each office or department of the county which has jurisdiction or special expertise regarding any proposal submitted to the County for consultation or a draft EIS for review shall be responsible for carrying out the duties of a consulted agency in behalf of the County. When a multiplicity of offices or departments are involved, each public official will respond, but only to the area of their own expertise or jurisdiction. -404. PREPAR.ATION, CONTEN'TS AND CIRCULATION OF FIlVAL EIS. Adopt: WAC 197-10-550 through WAC 197-10-600. -450. UsE oF oTHER Elss. Adopt: 11AC 197-10-650 tnrough wAC 197-10-695. -470. EFFTECT OF EIS PROCEDURE ON AGIINCY ACTIVITIES. Adopt: WAC 197-10-700 and WAC 197-10-710. - 500 . AMENDMENTS TO THI S ORDINANCE. In the event that WAC 197-10 (SEPA Guidelines) are amended, t,his ordinance will also be amended to remain consistant with the amended guide- lines. Amendment of t,his ordinance will take place wit,hin one hundred and eighty days (180 days) from the formal adoption of the amended WAC 197-10. . PRFI-IMIN .A, ~i ■ . , PitLIMINARY -600. SEPA PUBLIC INFORMATION CENTER. Adopt : jdAC 173-805-120 or WAC 173-805-125. -650. APPLICATION OF THIS ORDINANCE TO ONGOING ACTIONS. Adopt : WAC 197-10-840. -700. FEES TO COVER THE COST OF INIPLEMENTING THIS ORDINANCE. (1) For actions that involve government licensing of a private proposal, the following fees shall be cha,rged of the proponent when appropriate: (a) For the review, evaluation and processing of an environmental checklist and threshold determination--the sum of $25.00 (b) For the produetion of a Staff Study of the Potentially Significant Environmental Impacts when required--the sum of $250.00 (c) For the production of an EIS when required--a sum equa.l to the agreed upon cost for the services of the individual or firm contracted by the responsible official to draft the EIS. This fee will be esta.blished duri.ng a joint bargining session involving the responsible official, the action proponent, and the seleeted individual or firm. The Pee established during this bargining session will be fixed and will not be exceeded without further bargining sessions. (2) Other fees, with general application will be charged to offset the cost of irrrplementation of this ordinance: (a) A11 environmental documents generated as a result of compliance with t,his ordinanee will be ma.de available to the general public at a cha.rge equal to the cost of reproduetion and mailing. (b) To offset the cost of operating the SEPA Information Center, ~ a subscription fee will be charged to all subscribers equal to the cost of mailing and reproducing the registers and register updates. All other PRELIMINARY . . PRELIMINARY environmental documents stored in the SEPA Information Center will be privided t,rith a charge as indicated in subsection (2)(a) above. (3) Fees charged of a private proponent to cover the cost of review, evaluation and processing of the environmental checklist and a threshold determination may be affixed to existing permit fees, or when no permit fee exists, may be charged as t,he only co9t. The fees for production of Staff Studies, and EISs shall be charged of the proponent individually as required by the responsible official. A11 other fees shall be charged individually as they are required. -800. NOTICE/"T1ITUTJ OF LII4ITATIONS. Adopt : ~-7AC 173-805-135 • -RSo, s M ILITY. Adopt : WAC 173-905-1 40. PRELIMINARY _ , 4 f PREL.IN[INARY SECTIONS AND DEFINITIC]NS WAC 197-10-010 AUTHORITY. This chagter is promulgated pursuant tv the autharity granted in RCW 43.21C.110. WAC 297-10-020 PURPQSE. (1) The purpvse of this chapter is to estaSlish statewide guidelines interpreting and imple- menting the state environmental po].icy act of 1971 (SEPA). Eaeh state and 1.oca2 agency of governrnent rnust adopt its own rules, ardinances or resalutions gaverning the implementation of SEPA consistent with the provisions of this chapter, { (Z) These guidelines were develpped to establish methods and means of intplementing SEPA "in a manner which reduces du- plicative and wasteful practi.ces, establishes effective and unifarm proeedures, encourages Dublic involvement, and promotes certainty with respect tv the requirements of the act." (3) These guidelines are not intended to govern compli- anee by state or Ioca1 agencies with respect to the natianal envirenmental policy act of 1369 (NEPA) . In thcase situativns where state or local agencies are required by federal Iaw or regulations to perform some.element of compliance with NEPA, such agency compIiance wi1,l be governed by the appTicabIe federal statute and regulations and not by these guideli.nes. WAC 19 7-10-Q25 SCOPE AND CQVERA.GE QF THIS CHAPTER. (1) It is the intent of the cvuncil on environmental policy (CEP) that camplianee with th+e guidelines of this chapter, and agency guidelines eonsistent therewith, shall constitute eom- plete proeedural compliance with SEFA for any "action" as defined in WAC 197-14-040(2). {2} The guidelines of zhis Chapter dv nvt address the issue of the substantive effect th.at the enactment of SEPA has upan agency decision-making. (3) The guidelines of this chapter cvntain no sections relating to the notice/statute of Iimitations provisions of RCW 43.21C,080, .085 and .087. Persans and agencies wishing to utilize these provisians shall fallow the statutory language and any applicable regulativns of the department of ecolvgy. WAC 297-10-030 INTEGRA'TION (}F SEPA PRaCEDURES WITH OTHER GC}VE~A,L CPERA'~IQNS, Ta the fullest extent passible, the procedures required by these guidelines shall be integrated with existing planning and licensing prvicedures utilized by governrnental agencies in the state. These procedures shauld be initiated early, and undertaken in conjunction with other gov- ernmental operations to avoid lengthy time delays and unneces- sary duplication of effart. WAG 197-10-040 DEFINITIONS. The follawing words and + terms~cave the f-o-I'rowing meanings far the purposes of this chapter, unless the context indicates otherwise: (1) Actiilg Agency. Acting agency means an agency with jurisdietion which has received an applicatian for a license, or which is the initiatQr of a prvposed action. (2) Actian. Action means an activity potentially sub- ject ta the environmental impact statement requirements of -1- r RCW 43.21C.030(2) (c) and (2) (d) . [See the provisions of WAC 197-10-170, -175 and -180 for activities that are ex- empted from the threshold determination and environmental impact statement requirements of SEPA and these guidelines, due to CEP's determination that such activities are minor, not "major," actions even though such activities are within one of the subcategories below.] All actions fall within one of the following subcategories: (a) Governmental licensing. (b) Governmental action of a project nature. This in- cludes and is limited to: (i) the decision by an agency to undertake any activity which will directly modify the physical environrnent, whether such activity will be undertaken directly by the agency or through contract with another, and (ii) the decision to purchase, sell, lease, transfer or exchange natural resources, including publicly owned land, whether or not it directly modifies the environment. (c) Governmental action of a non-project nature. This includes and is limited to: (i) the adoption or amendment of legislation, ordinances, rules or regulations which contain standards controlling use or modification of the physical environment; (ii) the adoption or amendment of comprehensive land use plans or zoning ordinances; (iii) the adoption of any policy, plan or program which will govern the development of a series of functionally related major actions, but not including any policy, plan or program for which approval must be obtained from any federal agency prior to implementation; (iv) creation of, or annexations to, any city, town or district; (v) adoptions or approvals of utility, transportation and solid waste disposal rates; (vi) capital budgets; and (vii) road, street and highway plans. (3) Agencies with Expertise. Agencies with expertise means those agencies to which a draft environmental impact statement shall be sent pursuant to WAC 197-10-465, unless they are also agencies with jurisdiction. (4) ARencies with Jurisdiction. Agencies with juris- diction means those agencies from which a non-exempt license is required for a proposal or any part thereof, or which will act upon an application for a grant or loan for a proposal, or agencies which are proposing or initiating any governmental action of a project or non-project nature. The term does not include those agencies authorized to adopt rules or standards of general applicability which govern the proposal in question, when no license or approval is required for specific proposals; nor does the term include agencies, involved in approving grants or loans, which serve only as conduits between the pri- mary administering agency and the.recipient of the grant or loan. Federal agencies with jurisdiction are instrumentalities of the federal government from which a license is required, or which will receive an application for a grant or loan for a proposal. (5) Avency or Agencies. Agency or agencies mean all ~ state agencies and local agencies as defined in this section. The term does not include any agency or division of the feder- al government. Whenever a specific agency has been named in these guidelines and the functions of that agency have been transferred to another agency, then the term shall mean such successor agency. (6) CEP. CEP means the cauncil on environmental policy. -2- . (7) Consulted ARencv. Consulted agency means any agency , with jurisdiction or with expertise which is consulted, or from which informa.tion is requested by a lead agency durang the threshold determination, pre-draft consultation, or consulta- tion on a draft environmental impact statement. (8) CountyjCitX. County/city means a county, city or town. For the purposes of this chapter, duties and powers are assigned to a county, city or town as a unit, with the delega- tion of responsibilities among the various departments of a county, city or town being left to the legislative or charter authority of the individual counties, cities or towns. (9) Declaration of Non-Sign ificance. Declaration of non-significance means the writfen aecision by the responsible official of the lead agency that a proposal will not have a significant adverse environmental impact and that therefore no environmental impact statement is required. A form substan- tially consistent with that in WAC 197-10-355 shall be tised for this declaration. . (10) Declaration of Significance. Declaration of sig- nificance means fhe wriften aecision Sy the responsible official of the lead agency that a proposal will or could have a significant adverse environmental impact and that therefore an environmental impact statement is required. A form substan- tially consistent with that in WAC 197-10-355 shall be used for this declaration. (11) Draft EIS. Draft EIS means an environmental impact statement preparecl prior to the final detailed statement. (12) S. EIS means the detailed statement required by RCW 43.21C.~~0(2)(c). It may refer to either a draft or final environmental impact statement, or both, depending upon context. (13) Environment. Environment means, and is limited to, those areas listed in WAC 197-10-444. (14) Environmental Checklist. Environmental checklist means the form contained-In aC M-10-365. (15) Environmental Document. Environmental document means every written public document prepared or utilized as a result of the requirements of this chapter. (16) Environmentally Sensitive Area. Environmentally sensitive area means an area designated and mapped by a county/city pursuant to WAC 197-10-177, and within which cer- tain categorical exemptions do not apply, (17) Final EIS. Final EIS means an environmental impact statement prepared to reflect comments to the draft EIS. It may consist of a new doctmaent, or of the draft EIS together with supplementary material prepared pursuant to WAC 197-10 -5701, -580 or -695. (18) Lands Covered by Water. Lands covered by water means lands underlying the water areas of the state, including salt waters, tidal waters, estuarine waters, natural water courses, lakes, ponds, artificially impounded waters, marshes and swamps. Certain categorical exemptions do not apply to lands covered by water. (19) Lead Algencv. Lead agency rieans the agency desig- nated by the provisions of WAC 197-10-f200 through -270 or -345, which is responsible for making the t~reshold determination and preparing or supervising preparation of the draft and final environmental impact statements.~ (20) T.icPrs License means any form of written permis- sion given to any person, organization or agency to engage in any activity, as required by Iaw or ag;ncy rule. A license -3- . , , thus includes the whole or part of any agency permit, certifi- cate, approval, registration, charter, or plat approvals or re- zones to facilitate a particular project; a license required solely for revenue purposes is not included. (21) Licensinz. Licensing means the agency process in granting, renewing or modifying a license. (22) List of Elements of the Environment. List of ele- ments of the environment means the list contained in WAC 197 -10-444 which must be attached to every environmental impact statement. (23) Local Agencv. Local agency means any political sub- division, regional governmental unit, district, municipal or public corporation including cities, towns and counties. The term does not include the departments of a city or county. (24) Major Action. Major action means any "action" as defined in this section which is not exempted by WAC 197-10 -170, -175 and -180. (25) Non-Prolect EIS. Non-project EIS means an environ- mental impact statement prepared for a proposal for any govern- mental action of a non-project nature as defined under "action" in this section. (26) Phvsical Environment. Physical environment means and is limited to those elements of the environment listed under "physical environment" in WAC 197-10-444(2). (27) Private Aoplicant. Private applicant means any person or entity, other than an agency as defined in this section, applying for a license from an agency. (28) private Projg.~t , Private proj ect means any propos - al for which the primary initiator or sponsor is an individual or entity other than an "agency" as defined in this section. (29) ProUO~ sal. Proposal means a specific request to undertake any activity submitted to, and which is seriously considered by, an agency or a decision-maker within an agency, as we11 as any action or activity which may result from ap- proval of any such request. Further definition of the scope of a proposal for the purposes of lead agency determination, the threshold determination, and impact statement preparation is contained in WAC 197-10-060, (30) Resvonsible Official,, Responsible official means that officer or officers, committee, department or section of the lead agency designated by the lead agency's guidelines to undertake its responsibilities as lead agency [See WAC 197-10 -820]. (31) SEPA. SEPA means the state environmental policy act of 1971, Chapter 43.21C., RCW, as amended. (32) State Agencv. State agency means any state board, commission or department except those in the legislative or judicial branches. The term includes the office of the governor and the various divisions thereof, state universi- ties, colleges and community colleges. (33) Threshold Determination. Threshold determination means the decision by a lead agency whether or not an environ- mental impact statement is required for a proposal. ~ WAC 197-10-050 USE OF THE ENVIRONMENTAL CHECKLIST FORM. A form is provided in WAC 197-10-365 for an environmental check- list to be initially completed by an action proponent, whether public or private, either alone or together with the lead agency, usually in conjunction with a license application. This form must be used in the threshold determination; it will also -4- be helpful in rnakinK the lead agency designation and in pre- draft consultation. However, where there is an agreement between the proponent of a non-exempt action (whether a private applicant or an agency which is not the lead agency) and the lead agency that an EIS is required, the completion of the en- vironmental checklist is unnecessary. Where the action propon- ent and the lead agency are the same entity, and a decision to prepare an EIS has been made, then no checklist is required. WAC 197-10-055 TIMING OF THE EIS PROCESS. (1) The primary purpose of the EIS process is to provide environ- mental information to governmental decision-makers to be con- sidered prior to ma.king their decision. The process should thus be completed before the decisions of an agency commit it to a particular course of action. The actual decision to pro- ceed with many actions may involve a series of individual approvals or decisions. The threshold determination and the EIS, if required, should ideally be completed at the beginning of this process. In many cases, however, preliminary decisions must be made upon a proposal before the proposal is sufficient- ly definite to permit meaningful environmental analysis. All agencies shall identify the times at which the EIS process must be completed either in their guidelines or on a case by case basis. The lead agency should require completion of the threshold determination and EIS (if required) at the earliest point in the planning and decision-making process when the principal features of a proposal and its impacts upon the environment can be reliably identified. (2) At a minimum, the threshold determination and any required EIS shall be completed prior to undertaking any proposed major action. (3) When a proposed major action is a proposal for either a governmental action of a project nature or a govern- mental action of a non-project nature, and the proponent of the major action is also the lead agency, then the maxirnum time limits contained in these guidelines for the threshold deter- mination and EIS process need not apply to the proposal. WAC 197-10-060 SCOPE OF A PROPOSAL AND ITS IMPACTS FOR THE PURPOSES OF LEAD AGENCY DETERMINATION, THRESHOLD DETER- MINATION, AND EIS PREPARATION. (1) The proposal considered by an acting agency during the lead agency determination pro- cedure, and by the lead agency during the threshold determin- ation and EIS preparation, shall be the total proposal in- cluding its direct and indirect impacts. Whenever the word "proposal" or the term "proposed action" is used in this chapter, the discussion in subsection (2) hereof is appli- cable. In considering the environmental impacts of a pro- posal during the threshold determination and EIS preparation, the discussion in subsection (3) hereof is applicable. (2) The total proposal is the proposed action, together with all proposed activity which is functionally related to it. Future activities are functionally related to the pxesent pro- posal if : (a) The future activity is an expansion of the present proposal, facilitates operation of the present proposal or is -5- , , . necessary thereto; or (b) The present proposal facilitates or is a necessary prerequisite to future activities. The scope of the proposal is not limited by the jurisdic- tion of the lead agency. The fact that future impacts of a . proposal will require future governmental approvals shall not be a bar to their present consideration, so long as the plans for those future elements are suff iciently specific to allow some evaluation iof their potential environmental impacts. Acting agencies and lead agencies should be alert to the pos- sibility that a proposal may involve other agencies with juris- diction which may not be taking any action until sometime in the future. (For example, in a proposal for a plat approval, another agency with jurisdiction may be the appropriate sewer district, even though installation of sewers may not occur until several years later.) (3) The impacts of a proposal include its direct impacts as well as its reasonably anticipated indirect impacts. In- direct impacts are those which result from any activity which is induced by a proposal. These include, but are not limited to, consideration of impacts resulting from growth induced by the proposal, or the likelihood that the present action will serve as a precedent for future actions. (For example, adop- tion of a zoning ordinance will encourage or tend to cause par- ticular types of projects.) Contemporaneous or subsequent de- velopment of a similar nature, however, need not be considered in the threshold determination unless there wi11 be some causal connection between such developmeiit and one or more of the gov- ernmental decisions necessary for the proposal in question. (4) Proposals involving extensive future actions may be divided, at the option of the lead agency, into segments with an EIS prepared for each segment. In such event, the earlier EIS shall describe the later segments of the proposal and note that future environmental analysis will be required for these future segments. The segmentation allowed by this subsection shall not be applied at the threshold determination to determine that any segment of a more extensive significant proposal is insignificant; nor shall segmentation be applied so as to require significant duplication of analysis contained in an earlier EIS. (5) For proposed projects, such as highways, streets, pipelines or utility lines or systems where the proposed action is related to a large existing or planned network, the lead agency may at its option treat the present proposal as the total proposal, or select only some of the future elements for present consideration in the threshold determination and EIS. These categorizations shall be logical with relation to the design of the total system or network itself, and shall not be made merely to divide a larger system into exempted fragments. WAC 197-10-100 SUMMARY OF INFORMATION WHICH MAY BE REQUIRED OF A PRIVATE APPLICANT. (1) There are three areas of these guidelines where an agency is allawed to require in- formation from a private applicant. These are: (a) Environmental checklist; (b) Threshold determination; and, (c) Draf t and f inal EIS. The responsible official may determine that any informa- tion supplied by a private applicant is insufficient and require further information, if in the judgment of the responsible offi- -6- , cial the inform.ation initially supplied was not reasonably ade- quate to fulfill the purpose for which it was required. An ap- plicant may choose to voluntarily submit, at any time, informa- tion beyond that which may be required under these guidelines. (2) Environmental Checklist. A private applicant is re- quired to complete an environmental checklist as set forth in WAC 197-10-365 either concurrently with or after filing the application. Explanations for each "yes" and "maybe" answer indicated thereon are required. Agencies may not require a com- plete assessment or "mini-EIS" at this stage. [See WAC 197-I0 -310 .1 (3) Threshold Determination. The lead agency, shall make an initial review of a completed checklist without requiring more information from a private applicant. If, and only if, the lead agency determines as a result of its initial review that the information available to it is not reasonably sufficient to determine the environmental impacts of the proposal, the lead agency may require further informa- tion from the applicant, including explanation of "no" answers on the checklist. This inform,3tion shall be limited to those elements on the environmental checklist for which, as determined by the lead agency, info,rmation accessible to the lead agency is not reasonably suff~cient to evaluate the environmental impacts of the proposal. Field investigations or research by the applicant reasonabl~r related to determin- ing the environmental impacts of the p;-oposal may be required. [See WAC 197-10-330.] 1 (4) Draft and Final EIS Pre arat;'ion. If the guidelines of the lead agency so provide, an~ may be prepared by the applicant under the direction of the t-esponsible official. [See WAC 197-10-420.] Alternatively,,`the responsible offi- cial may require a private applicant;to provide data and information which is not in the possisssion of the lead agency relevant to any or all areas to be c,ivered by an EIS. A private applicant shall not be requi ed to provide informa- tion which is the subject of a pre-d aft consultation request until the consulted agency has respoi.ded, or the forty-five days allowed for response by the cor.;:ulted agency has expired, whichever is earlier. i EXEMPTIONS WAC 197-10-150 EXEMPTIONS EXCT,1.SIVE--CEP APPROVAL OF CHANGES IN EXEMPTIONS. (1) The on'y, actions exempt from the threshold determination requirei ,ants of this chapter are those which are categorically exempt:d in WAC 197-10-170, -175 and -180. Except to specify er:rgencies as allowed in WAC 197-10-180, agencies shall a(i additional exemptions in their guidelines only after obta: iin approval of CEP in accordance with either subsectior (2~ or (3) of this section. (2) An agency may petition CEF, pursuant to RCW 34- .04.060, for adoption of additional xemptions or for dele- tion of existing exemptions through kmendments to these guidelines. Such petition shall set Forth the langua.ge of the amendment requested, the reasons :or the requested amend- ment, the requesting agency's views j.i the impacts to the environment resulting from the actii`.ties covered by the pro- -7- , . . posed amendment, and the approximate number of actions within any stated time period of the class proposed for exemption or deletion which come before the agency. CEP shall consider and make a determination upon any such petition within thirty days of receipt, and if the determination is favorable, shall initiate the rule-making procedures of Chapter 34.04, RCW, to amend these guidelines. Amendments to these guidelines will apply either generally or to specified classes of agencies. Affected agencies shall amend their guidelines accordingly after the amendments to the CEP guidelines become effective. (3) An agency may also petition CEP for an immediate ruling upon any request to add or delete an exemption. If such a petition is granted, CEP will so notify the petition- ing agency, which may immediately thereafter include the modification approved by CEP in its own guidelines. CEP may thereafter initiate procedures to amend these guidelines to incorporate the approved modification. Until the CEP guide- lines are amended, any modification granted under this sub- section shall apply only to the petitioning agency or agencies. (4) CEP will provide public notice of all proposed amendments to these guidelines in the manner required by the Washington Administrative Procedures Act (Chapter 34.04., RCW). A copy of all CEP approvals under.subsection (3) of this sec- tion will be given to all persons who have made request to CEP for advance notice of its rule-making proceedings. (S) This section shall not be construed to limit the right of any interested person to petition CEP for the pro- mulgation, amendment or repeal of any rule, including rules establishing categorical exemptions, in accordance with RCW 34.04.060. WAC 197-10-160 NO PRE-SUMPTION OF SIGNIFICANCE FOR NON- EXEMPT ACTIONS. No presumption as to the significance of the impacts upon the environment shall be given to any proposed action merely because it was not exempted. WAC 197-10-170 CATEGORICAL EXEMPTIONS. Governmental activities or approvals of activities of the types listed herein are not major actions, and proposals for such acti- vities are exempted from the threshold determination and EIS requirements of SEPA and these guidelines: (1) Minor new construction. The following types of construction shall be exempt except when undertaken wholly or in part on lands covered by water; the exemptions provided by this subsection apply to all governmental licenses re- quired to undertake the construction in question, except rezones or any license governing emissions to the air or water: (a) The construction of any residential structure of four dwelling units or less. (b) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing struc- ture, or similar agricultural structure, covering less than 10,000 square feet and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feedlots. (c) The construction of an off ice, school, commercial, recreational, service or storage building with less than 4,000 square feet of floor area, and with associated parking facilities designed for twenty automobiles or less. -8- • (d) Tl._ --onstruction or designation oL vus stops, load- ing zones, shelters, access facilities and pull-out lanes for • taxicabs, transit and schooi vehicles. (e) The construction and/or installation of commercial on-premise signs, and public signs and signals. (f) The consCruction or installation of minor road and street improvements such as pavement marking, freeway sur- veillance and control systems, railroad protective devices (not including grade separated crossings), grooving, glare screen, safety barriers, energy attenuators, highway land- scaping (including the application of Washington state depart- ment of agriculture approved herbicides by licensed personnel for right-of-way weed control), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights-of-way, channelization and elimination of sight restrictions at intersections, street lighting, guard- rail and barricade installation, installation of catch basins and culverts, and reconstruction of existing road bed (existing curb to curb in urban locations), including minor widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional auto- mobile lanes. (g) The installation of hydrological measuring devices, regardless of whether or not on lands covered by water. (h) The installation of any property, boundary or sur- vey marker, other than fences, regardless of whether or not on lands covered by water. (i) The construction of a parking lot designed for twenty automobiles or less. (j) Any landfill or excavation of 500 cubic yards or less throughout the total lifetime of the fill or excava- tion; and any fill or excavation classified as a Class I, II, III and IV forest practice under Chapter 200, Laws of 1975, Ex. Sess., or regulations promulgated thereunder, except those forest practices designated by the forest practices board as being subject to SEPA evaluation. (k) The repair, maintenance or minor alteration of exist- ing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing. (1) Grading, excavating, filling, septic tank installa- tion, and landscaping necessary for any building or facility exempted by this subsection, as well as fencing and the con- struction of sma11 structures and minor facilities accessory thereto. (m) Additions or modifications to or replacement of any building or facility exempted by this subsection when such addition, modification or replacement will not change the character of the building or facility in a way which would remove it from an exempt class. (n) The demolition of any structure or facility, t'~e construction of which would be exempted by this subsection, except for structures or facilities with recognized histori- cal significance. (2) Water rights. The following appropriations of water shall-'be exempt, the exemption covering not only the permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation, and in- cluding any activities relating to construction of a distri- bution system solely for any exempted appropriation: (a) Appropriations of fifty cubic feet per second or less of surface water for irrigation purposes, when done without a government subsidy. , -9- . I (b) Appropriations of one cubic foot per second or less of surface water, or of ten cubic feet per second or less of ground water, for any purpose. (3) Judicial activity. The following shall be exempt: (a) A~1 adjudicatory actions of the judicial branch. (b) Any quasi-judicial action of any agenc_y if such action consists of the review of a prior administrative or legislative decision. Decisions resulting from contested cases or other hearing processes conducted prior to the first deci- sion on a proposal, or upon any application for a rezone, condi- tional use permit or other similar permit not otherwise exempted by this chapter, are not exempted by this subsection. (4) Enforcement and inspections. The following en- forcement and inspection activities shal,l be exempt: (a) A11 actions, including administrative orders and penalties, undertaken to enforce a statute, regulation, ordinance, resolution or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolu- tion be considered exempt by virtue of this subsection. (b) All inspections conducted by an agency of either private or public property for any purpose. (c) Fire department, police patrol and traffic law enforcement except where such involves any physical con- struction activity. (d) Any action undertaken by an agency to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety: PROVIDED, That no open burn- ing shall be exempted under this subsection, nor shall the application of any pesticide or chemical. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolu- tion be considered exempt by virtue of this subsection. (e) Any suspension or revocation of a license for any purpose. (5) Business and other regulatory licenses. The following business and other regulatory licenses are exempt: (a) All licenses to undertake an occupation, trade or profession. (b) All licenses required under electrical, fire, plumbing, heating and safety codes, but not including building permits. (c) Licenses to operate amusement devices and enter- tainment carnivals, circuses and other traveling shows, dances, music machines and theaters, including approval of use of public facilities for temporary civic celebrations, but not including licenses required for permanent construc- tion of any of the above. (d) Licenses for solicitation or door to door sales, private security and detective services, and taxicabs and other vehicles for hire: PROVIDED, That regulation of common carriers by the utilities and transportation com- mission shall not be considered exempt under this subsec- tion. (e) Licenses for close-out sales. (f) Licenses for food or drink services, sales and distribution. (g) Licenses for the sale or display of fireworks. (h) Animal control licenses. -10- . (i) The renewal or reissuance of a license regulat- . ing any present activity or structure that was either exempted under this chapter, or the subject of a declaration of non-significance or an EIS, so long as no material changes have occurred since the determination of exemption, or comple- tion of the prior declaration or EIS. (6) Activities of the legislature. All actions of the state iegislature are hereby exempted: PROVIDED, That this subsection shall not be construed to exempt the pro- posing of legislation by any agency. - (7) Activities of aRencies. The following adminis- trative, fiscal and personnel activities of agencies shall be exempt: (a) The procurement and distribution of general sup- plies, equipment and services previously authorized, or necessitated by previously approved functions or programs. (b) The assessment and collection of taxes. (c) The adoption of al1 budgets and agency requests for appropriation: PROVIDED, That if such adoption includes a final agency decision to undertake a major action, that portior. of the budget is not exempted by this subsection. (d) The borrowing of funds, issuance of bonds, or applying for a grant and related financing agreements and approvals. (e) The review and payment of vouchers and claims. (f) The establishment and collection of liens and service billings. (g) All personnel actions, including hiring, termin- ations, appointments, promotions, allocations of positions, and expansions or reductions in force. (h) All agency organization, reorganization, internal operational planning or coordination of plans or functions. (i) Adoptions or approvals of utility, transportation and solid waste disposal rates. (8) Review and comment actions. Any activity where one agency reviews or comments upon the actions of another agency or another department within an agency shall be exempt. (9) Purchase or sale of real property. The follow- I ing real property transactions by an agency shall be exempt: ~a) The purchase or acquisition of any right to real property by an agency. (b) The sale, transfer or exchange of any publicly owned real property by an agency to or with a private indi- vidual or governmental entity, but only if the property is not subject to an authorized public use, (c) The lease of real property by an agency to a private individual or entity, or to an agency or federal agency, only when the use of the property for the term of the lease will remain essentially the same as the existing use, or when the use under the lease is otherwise exempted by this chapter. (10) Minor land use decis•ions. The following land use decisions shall be exempt: (a) Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the proced- ures required by RCW 58.17.060, but not including further short subdivision or short platting within a plat or subdivi- sion previously exempted under•this subsection. (b) Granting of variances based on special circum- stances, not including economic hardship, applicable to the sub- ject property, such as size, slope, topography, location or surroundings and not resulting in any change in land use or density. -11- . (c) Classification of land for current use taxation pursuant to Chapter 84.34, RCW, and classification and grading of forest land under Chapter 84.33, RCW. (11) Procedural actions. The proposal or adoption of legislation, rules, regulations, resolutions or ordinances, or of any plan or program relating solely to governmental procedures, and containing no substantive standards respect- ing use or modification of the environment shall be exempt. (12) Acceptance of filings. The acceptance by an agency of any document or thing required or authorized by law to be filed with the agency and for which the agency has no discretionary power to refuse acceptance shall be exempt. No license shall be considered exempt by virtue of this sub- section. (13) Variances under Clean Air Act. The granting of variances pursuant to RCW 7U.94.181 extending applicable air pollution control requirements for one year or less shall be exempt. (14) Burning permits. The issuance, revocation or sus- pension of permits tor open burning shall be exempt. The adoption of plans, programs, objectives or regulations by any agency incorporating general standards respecting the issuance of burning permits shall not be exempt. (15) Water quality certifications. The granting or denial of water quality certifications pursuant to the Federal Water Pollution Control Act Amendments of 1972 (33 USC § 1341) shall be exempt. (16) Financial assistance grants. The approval of grants or loans by one agency to another shall be exempt, • although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construc- tion of a project. (17) Information collection and research. Proposals for basic data collection, research, resource evaluation and the conceptual planning of proposed actions shall be exempt. These may be for strictly information-gathering purposes, or as part of a study leading to a proposal which has not yet been approved, adopted or funded. This exemption does not include any agency action which commits the agency to pro- ceed with the proposal. (18) Utilities. The utility-related actions listed below shall be exempt: PROVIDED, That installation, construc- tion or alteration on lands covered by water shall not be exempt for actions listed below. The exemption includes instal- lation and construction, relocation when required by other governmental bodies, together with repair, replacement, mainten- ance, operation or alteration by an agency or private entity which does not change the action from an exempt class. (a) All communications lines, including cable TV, but not including microwave towers or relay stations. (b) A1.1 storm water, water and sewer facilities, lines, equipment, hookups or appurtenances including, utilizing or related to lines eight inches or less in diameter. (c) All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; and the overbuilding of existing distribution lines (55,000 volts or less) with transmission lines (more than 55,000 volts); and the under- grounding of all electric facilities, lines, equipment or appurtenances. -12- • (d) All natural gas distribution (as opposed to trans- mission) lines and necessary appurtenant facilities and hookups. (e) All developments within the confines of any exist- ing electric substation, reservoir, pump station or well: PROVIDED, That additional appropriations of water are not exempted by this subsection. (f) Periodic use of chemical or mechanical means to mainrain a utility or highway right--of-way in its design condition: PROVIPED, That chemicals usea are approved by the Washington state department of agriculture and applied by licensed personnel. (g) All grants of franchises by agencies to utilities. (h) All disposals of rights-of-way by utilities. (i) All grants of rights-of-way by agencies to utili- ties for use for distribution (as opposed to transmission) purposes. (19) Natural resources management. In addition to the other exemptions contained in this section, the following natural resources management activities shall be exempt: (a) All class I, II, III and IV forest practices as de- fined by Chapter 200, Laws of 1975, Ex. Sess., or regulations promulgated thereunder, except those forest practices desig- nated by the forest practices board as being subject to SEPA evaluation. (b) Issuance of new grazing leases covering a section of land or less; and issuance of all grazing leases for land which had been subject to a grazing lease within the previous ten years. (c) Licenses or approvals to remove firewood. (d) Issuance of agricultural leases covering one hundred sixty contiguous acres or less. (e) Issuance of leases for Christmas tree harvesting or brush picking. (f) Issuance of leases for school sites. (g) Issuance of leases for, and placement of, mooring buoys designed to serve pleasure craft. (h) Development of recreational sites not specifically designed for all-terrain vehicles and not including more than twelve campsites. (i) Periodic use of chemical or mechanical means to maintain public park and recreational land: PROVIDED, That chemicals used are approved by the Washington state department of agriculture and applied by licensed personnel. (j) Issuance of rights-of-way, easements and use per- mits to use existing public roads in nonresidential areas. (20) Local improvement districts. The formation of local improvement districts, unless such formation consti- tutes a final agency decision to undertake construction of a structure or facility not exempted under WAC 197-10-170 and -180. ~~(21) Non-action~. Proposals for activities which are not actionsn as defined in WAC 197-10-040(2) are not sub- ject to the threshold determination and EIS requirements of this chapter. -13- ~ ► k'AC 197--10-175 EXEMPTIONS AND NON-EXEMPTIONS APPLICABLE TO SPECIFIC STATE AGENCIFS. (1) Exemptions are established in Chis section which relate only to the specific activities identified within the named agencies. The exemptions of this section are in addition to the general exemptions of WAC 197-10-170 and -180 which apply to all agencies, including those named in this section, unless the general exemptions are speci- fically made inapplicable by this section. (2) Department of motor vehicles. All licenses re- quired under programs administered by the department of motor vehicles as of December 12, 1975 are hereby exempted, except the following, which, notwithstanding the provisions of WAC 197-10-170, shall not be considered exempt: (a) Camping club promotional permits required by Chapter 19.105, RCW. (b) Motor vehicle wrecker licenses required by Chapter 46.80, RCW. The provisions of WAC 197-10-170(5)(i) shall be applied to allow possible exemption of renewals of any of the above. (3) Department of labor anci industries. All licenses required under programs administered by the department of labor and industries as of December 12, 1975 are hereby ex- empted, except the issuance of any license for the manufac- ture or storage of explosives. The adoption of any indus- trial health or safety regulations containing noise stan- dards shall be considered a major action under this chapter. (4) De~artment of natural resources. The following actions and icenses ot the department of natural resources are hereby exempted: (a) Forest closures, shutdowns and permit suspensions due to extreme or unusual fire hazards. (b) Operating permits to use power equipment on forest land. (c) Permits to use fuse on forest land. (d) Log patrol licenses. (e) Permits for drilling for which no public hearing is required pursuant to RCW 79.76.070 (geothermal test drilling). (f) Issuance of permits for the dumping of forest debris and wood waste in forested areas. (g) All timber sales which were analyzed in a non- project EIS previously prepared by the departrnent, and all timber and forest product sales permits and leases not other- wise included in such EIS covering one hundred acres or less. (h) Issuance of leases for mineral prospecting pursuant to RCW 79.01.616, or RCW 79.01.652, but not including issu- ance of subsequent contracts for mining. (5) Department of fisheries. The following activities of the department of fisheries are hereby exempted: (a) The establishment of seasons, catch limits or geographical areas for fishing or shellf ish removal. (b) Al1 hydraulic project approvals (RCW 75.20.100) for activity incidental to a class I, II, III and IV forest practice as defined in Chapter 200, Laws of 1975, Ex. Sess., and regulations adopted thereunder, except those forest practices designated by the forest practices board as being subject to SEPA evaluation; and other hydraulic project approvals where , the cost of the total proposal is five thousand ($5,000.00) dollars or less except for proposals involving realignment into a new channel or gravel removal. -14- r (c) All clam farm licenses and oyster farm licenses, except where cultural practices include structures occupy- ing the water column or where a hatchery or other physical facility is proposed for construction on adjoining uplands. (d) All other licenses (other than those excepted in (b) and (c) above) authorized to be issued by the department as of December 12, 1975 except the following, which, not- withstanding the provisions of WAC 197-10-170, shall not be considered exempt: (i) fish farming licenses, or;other licenses allowing the cultivation of aquatic animals for commercial purposes; (ii) licenses for the mechanical and/or hydraulic re- moval of clams, including geoducks; and, (iii) any license authorizing the discharge of explo- sives in water. The provisions of WAC 197-10-170(5)(i) shall apply to allow possible exemption of renewals of the above licenses. (6) Department of game. The following activities of the department of game are hereby exempted: (a) The establishment of hunting, trapping or fishing seasons, bag or catch limits, and geographical areas where such activities are permitted. (b) The issuance of falconry permits. (c) The issuance of all hunting or fishing licenses, permits or tags. (d) Artificial game feeding. (e) The issuance of scientific callector permits. (f) All hydraulic project approvals (RCW 75.20.100) for activity incidental to a class I, II, III or IV forest practice as defined in Chapter 200, Laws of 1975, Ex. Sess., and regulations adopted thereunder, except those forest prac- tices designated by the forest practices board as being sub- ject to SEPA evaluation; and other hydraulic project ap rovals where the cost of the total proposal is five thousand (~5,000.00) dollars or less except for proposals involving realigrunent into a new channel or gravel removal. (7) Department of social and health services. All actions under programs administered by the department of social and health services as of Decem.ber 12, 1975 are hereby exempted, except the following, which, notwithstanding the provisions of WAC 197-10-170, shall not be considered ex- empt: (a) The adoption or amendment by the department of any regulations incorporating general standards respecting the issuance of licenses authorizing the possession, use and transfer of radioactive source material pursuant to RCW 70.98.080: PROVIDED, That the issuance, revocation or sus- pension of individual licenses thereto shall be exempt. (b) The approval of a comprehensive plan for public water supply systems servicing. one thousand or more units pursuant to WAC 248-54-280. (c) The approval of a new public water supply system designed or capable of servicing ten or more dwelling units, or the approval or additions or extensions to existing pub- lic water supply systems designed to or capable of servicing fifty or more dwelling units, pursuant to WAC 248-54-300. ~ (d) The approval of an application for a certificate of need pursuant to RCW 70.38.120 for construction of a new hospital or medical facility or for major additions to exist- ing service capacity of such institutions. -15- - I . ~ (e) The approval of an application for any system of sewerage and/or water general plan or amendments thereto pursuant to RCW 36.94.100. (f) The approval of any plans and specifications for new sewage treatment works or major extensions to existing sewer treatment works submitted to the department pursuant to WAC 248-92-040. (g) The construction of any building, facility or other installation not exempt by WAC 197-10-170 for the pur- pose of housing department personnel, or fulfilling statu- torily directed or authorized functions (e.g., prisons). (h) The approval of any final plans for construction of a nursing home pursuant to WAC 248-14-100, construction of a private psychiatric hospital pursuant to WAC 248-22-015 or construction of an alcoholism treatment center pursuant to WAC 248-22-510. (8) Department of a riculture. All actions under pro- grams administerec~by t~department of agriculture as of December 12, 1975 are hereby exempted, except for the follow- ing, which, notwithstanding the provisions of WAC 197-10-170, shall not be considered exempt: (a) The approval of any application for a commercial registered feedlot pursuant to RCW 16.5$.040 or Chapters 16-28 and 16-30, WAC. (b) The issuance or amendment of any regulation re- specting restricted-use pesticides pursuant to Chapter 15.58, RCW, that would have the effect of approving the use of a new pesticide. (c) The approval of any application for registration of a pesticide that has not previously been registered pur- suant to RCW 15.58.050. (d) The removal of any pesticide from the list of restricted-use pesticides established in WAC 16-222-145 so as to permit sale of such pesticides to home and garden users. (e) The removal of any pesticide from the list of highly toxic and restricted-use pesticides established pur- suant to WAC 16-222-160 so as to authorize sale of such pesticides to persons not holding an annual user permit. (f) The removal of any pesticide from the list of highly toxic pesticide formulations established in WAC 16- 222-180 so as to permit the sale of such pesticides by per- sons not possessing a pesticide dealer's license. (g) The approval of any additional permissible use of the pesticide DDT other than those uses established in WAC 16-223-220. (h) The issuance of a license to operate a public livestock market pursuant to RCW 16.65.030. (i) The provisions of WAC 197-10-170(5)(i) shall apply to allow possible exemption of renewals of the above licenses. (9) De artment of ecolog . The following activities of the depar~ment of ecology sKall be exempt: (a) The issuance of any waste discharge permit which incorporates without change effluent limitations established by federal regulations adopted under the Federal Water Pol- lution Control Act [33 USC § 1251, et. seq.], except for permits authorizing new source discFa-rges. (b) Review of comprehensive solid waste management plans pursuant to RCW 70.95.100 and .110. -16- • (10) p2partment of highwa s. The following activities of the department ofTzghways sll be exempt : (a) Approval of the Annual Highway Safety Work Program involving the highway-related safety standards pursuant to 23 USC § 402. (b) Issuance of road approach permits and right-of-way rental agreements. (11) Utilities and transportation. All actions of the utilities and transportation commission under programs admin- istered as of December 12, 1975 are hereby exempted, except the following, which, notwithstanding the provisions of WAC 197-10-170, shall not be considered exempt: (a) Issuance of common carrier motor freight authority under the provisions of chapter 81.80, RCW, which would auth- orize a new service, or extend an existing transportation service in the fields of general freight (other than local cartage), petroleum and petroleum products in bulk in tank type vehicles, radioactive substances, explosives or corro- sives; (b) Authorization of the opening or closing of any highway-railroad grade crossing, or the direction of physical connection of the line of one railroad with that of another; (c) Regulation of oil and gas pipelines pursuant to chapter 81.88, RCW; and, (d) The approval of utility and transportation rates where the funds realized as a result of such approved rates will or are intended to finance construction of a project, approval of which would not be otherwise exempt under the provisions of WAC 197-10-170, and where at the time of such rate approval no responsible official of any state or federal agency has conducted the environmental analysis prescribed by this chapter or the appropriate provisions of NEPA, whichever is applicable. (12) Other a eng cies. Except for building construction (the majority of wfiichis undertaken through the department of general administration), all activities of the following state agencies under programs they administer as of December 12, 1975 are hereby exempted: (a) Office of the attorney general. (b) Office of the auditor. (c) Department of employment security. (d) Office of the insurance commissioner and state fire marshal. (e) Department of personnel. (f) Department of printing. (g) Department of revenue. (h) Office of the secretary of state. (i) Office of the treasurer. (j) Arts commission. (k) Washington state patrol. (1) Interagency committee for outdoor recreation. WAC 197-10-177 ENVIRONMENTALLY SENSITIVE AREAS. (1) Each county/city may at its option designate areas within its juris- diction which are environmentally sensitive areas. Environment- ally sensitive areas shall be those within which the exemptions listed in subsection (2) hereof could have a significant adverse environmental impact, including, but not limited to, areas with unstable soils, steep slopes, unusual or unique flora or fauna, or areas which lie within flood plains. The location -17- ~ and extent of all environmentally sensitive areas shall be . clearly indicated on a map which shall be adopted by refer- ence 3s part of the SEPA guidelines of the county/city. (2) Each county/city which adopts and maps environ- mentally sensitive areas may select certain categorical ex- emptions which do not apply within various environmentally sensitive areas. The selection of exemptions that will not apply may be made from the following list: WAC 197-10-170(1)(a) through (f) and (i) through (n) ; (5) (c) , (9) (a) through (c) ; (10) (a) ; (18) (a) through (d) and (i) ; and, (19) (d) , (f) and (h). All other categorical exemptions apply whether or not the proposal will be located within an environmentally sensitive area. Exemptions selected by an agency to not apply within the various environmentally sensitive areas shall be listed within the SEPA guidelines of any county/city adopting such areas. (3) Major actions which will be located within environ- mentally sensitive areas are to be treated no differently than other major actions under this chapter. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally I sensitive area. (4) Certain categorical exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. WAC 197-10-180 EXEMPTION FOR EMERGENCY ACTIONS. Actions which must be undertaken immediately, or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter. Agencies may in their guidelines specify emergency actions which satisfy the general requirements of this section. WAC 197-10-190 USE AND EFFECT OF CATEGORICAL EXEMP- TIONS. (1) Those activities excluded from the definition of "action" in WAC 197-10-040(2), or categorically exempted by WAC 197-10-170, -175 and -180, are exempt from the thres- hold determination (including completion of the environment- al checklist) and EIS requirements of these guidelines and RCW 43.21C.030(2)(c) and (2)(d). No exemption is allowed for the sole reason that actions are considered to be of a "ministerial" nature or of an environmentally regulatory or beneficial nature. (2) If a proposal includes a series of actions, physi- cally or-functionally related to each other, some of which are categorically exempt and some of which are not, the proposal is not exempt. (3) For proposals in (2) above, exempt activities or actions may be undertaken prior to the threshold deter- mination, subject to the timing considerations in WAC 197- 10-055. For each such proposal a lead agency shall be de- termined, and a threshold determination shall be made prior to any major action with respect to the proposal, and prior to any decision by the lead agency irreversibly committing itself to adopt or approve the proposal. -18- t (4) If the proposal includes a series of exempt actions which are physically or functionally related to each other, but which together may have a significant environmental impact, the pr.oposal is not exempt. LEAD AGENCY WAC 197-10-200 LEAD AGEPJCY--RESPONSIBILITIES. The lead agency sha1T__Fe the only agency responsible for comply- ing with the threshold determination procedures of WAC,197- 10-300 through -390; and the lead agency shall be responsible for the supervision, or actual preparation, of draft EISs pursuant to WAC 197-10-400 through -495, including the cir- culation of such statements, and the conduct of any public hearings required by this chapter. The lead agency shall also prepare or supervise preparation of any required final EIS pursuant to WAC 197-10-550 through -695. WAC 197-10-203 DETER14INATION OF LEAD AGENCY--PROCEDURES. (1) The tirst agency receiving or initiating a proposal for a major action, or for any part of a proposal when the total proposal involves a major action, shall determine the lead agency for that proposal. To ensure that the lead agency is determined early, agencies shall determine the lead agency for all proposals for a major action they receive, unless the lead agency has been previously determined or the agency receiving the proposal is aware that another agency is in the process of determining the lead agency. The lead agency shall be determined by using the criteria in WAC 197-10-205 through -245. (2) If the acting agency determines that another agency is the lead agency, it shall mail to such lead agency a copy of the application it received, together with its determina- tion of lead agency and explanation thereof. If the agency receiving this determination agrees that it is the lead agency, it shall so notify the other agencies with jurisdiction. If it does not agree, and the dispute cannot be resolved by agreement, the agencies shall immediately petition CEP for a lead agency determination pursuant to WAC 197-10-260. (3) If the acting agency determines that it is the I lead agency, it shall immediately mail a copy of its deter- mination and explanation thereof to all other agencies with jurisdiction over the proposal. The acting agency shall then proceed, as the lead agency, to the threshold determination procedure of WAC 197-10-300 through -390. If another agency with jurisdiction objects to the lead agency determination, and the dispute cannot be resolved by agreement, the agencies shall immediately petition CEP for a lead agency determination pursuant to WAC 197-10-260. (4) Any agency receiving a lead agency determination to which it objects shall either resolve the dispute, withdraw its objection, or petition to CEP for a lead agency determin- ation within fifteen days of receivin; the determination. (5) To make the lead agency determination, an acting agency must determine to the best of lts ability the other agencies with jurisdiction over the pt:oposal. This can be done by requesting the information from a private applicant, -19- , * ~ or through consultation with the information centers estab- lished pursuant to RCW 90.62.120, within the Environmental Coordination Procedures Act of 1973 (ECPA). WAC 197-10-205 LEAD AGENCY DESIGNATION--GOVERNMENTAL PROPOSALS. The lead agency for all proposals initiated by an agency shall be the agency making the proposal. In the event that two or more agencies share in the implementation of a proposal, the agencies shall by agreement determine which agency will assume the status of lead agency. For the purposes of this section, a proposal by an agency does not include proposals to license private activity. WAC 197-10-210 LEAD AGENCY DESIGNATION--PROPOSALS INVOLV- ING BOTH T'RIVATE AND PUBLIC CONSTRUCTION ACTIVITY. When the total proposal will involve both private and public construc- tion activity, it shall be characterized as either a private or a public project for the purposes of lead agency designation, depending upon whether the primary sponsor or initiator of the project is an agency or from the private sector. Any pro- ject in which agency and private interests are too intertwined to make this characterization shall be considered a public pro- ject. The lead agency for all public projects shall be deter- mined pursuant to WAC 197-10-205. WAC 197-10-215 LEAD AGENCY DESIGNATION--PRIVATE PROJECTS FOR WHICH THERE IS ONLY ONE AGENCY WITH JURISDICI'ION. For pro- posed private projects for which there is only one agency with jurisdiction, the lead agency shall be the agency with juris- diction. WAC 197-10-220 LEAD AGENCY DESIGNATION--PRIVATE PROJECTS REQUIRING LICENSES FROM MORE THAN ONE AGENCY, WHEN ONE OF THE AGENCIES IS A COUNTY/CIT'Y. For proposals for private projects which require licenses from more, than one agency when at least one of the agencies requiring a license is a county/city, the lead agency shall be the county/city within whose jurisdiction is located the greatest portion of the proposed project area, as measured in square feet. For the purposes of this section, the jurisdiction of a county shall not include the areas with- in the limits of cities or towns within such countv. WAC 197-10-225 LEAD AGENCY DESIGNATION--PRIVATE PRO- JECTS REQUIRING LICENSES FROM MORE THAN ONE STATE AGENCY. (1) For private projects which require licenses from more than one state agency, but requir.e no license from a county/ city, the lead agency shall be one of the state agencies requiring a license, based upon the following order of pri- ority: (a) Department of ecology. (b) Department of social and health services. (c) Department of natural resources. (d) Department of fisheries. (e) Department of game. (f) Utilities and transportation commission. (g) Department of motor vehicles. (h) Department of labor and industries. -20- ~ (2) For private projects requiring a license from more than one state agency, but requiring no license from a county/ city, and when none of the state agencies requiring a license is on the above list, the lead agency shall be the licensing agency which has the largest biennial appropriation. (3) When, due to the provision of subsection (1) of this section, an agency would be the lead agency solely be- cause of its involvement in a program jointly administered with another agency, the other agency shall be designated the lead agency for proposals for which it is primarily respons- ible under agreements previously made between the two agencies for joint operation of the program. WAC 197-10-230 LEAD AGENCY DESIGNATION--SPECIFIC PRO- POSALS. Notwithstanding the lead agency designation criteria contained in WAC 197-10-205 through -225, the lead agency for proposals within the areas listed below shall be as follows: (1) For all governmental actions relating to thermal power plants for which certification is required under Chap- ter 80.50, RCW, the lead agency shall be the thermal power plant site evaluation council: PROVIDED, That for any pub- ' lic project requiring such certification and for which the study authorized by RCW 80.50.175 will not be made, the lead agency shall be the agency initiating the project. (2) For all private projects relating to the utiliza- tion of geothermal resources subject to Chapter 79.76, RCW, the lead agency shall be the department of natural resources. (3) For all private projects requiring a license or other approval from the oil and gas conservation committee pursuant to Chapter 78.52, RCW, the lead agency shall be the department of natural resources, except that for projects subject to RCW 78.52.125, the EIS shall be prepared in ac- cordance with that section. (4) For all private activity requiring a license or approval under the Forest Practices Act of 1974, Chapter 76- .04, RCW, the lead agency shall be the department of natural resources: PROVIDED, That for any proposal which will require a license from a county/city acting under the powers enumer- ated in RCW 76.09.240, the lead agency shall be the county/ city requiring the license. (5) For all private projects requiring a license or lease to use or affect state lands, the lead agency shall be the state agency managing the lands in question: PROVIDED, That this subsection shall not apply to the sale or lease of state-owned tidelands, harbor areas or beds of navigable waters, when such sale or lease is incidental to a larger project for which one or more licenses from other state or local agencies is required. (6) For all proposals which are being processed under the Environmental Coordination Procedures Act of 1973 (ECPA), Chapter 90.62, RCW, the lead agency shall be determined by the department of ecology; except that when county/city licenses are applied for prior to filing the ECPA application, a lead agency shall be determined pursuant to the standards of these guidelines prior to granting such county/city licenses. (7) For private projects which require the issuance of a National Pollutant Discharge Elimination System (NPDES) per- mit under § 402 of the Federal Water Pollution Control Act (33 USC § 1251, et. seq.), for a pulp or paper mill or oil refinery, the leaJ-agency shall be the department of ecology. -21- ~ - ~ . (8) For proposals to construct a pipeline greater than six inches in diameter and fifty miles in length, used for the transportation of crude petroleum or petroleum fuels or oil or derivatives thereof, or for the transportation of syn- thetic or natural gas under pressure, the lead agency shall be the department of ecology. (9) For proposals that will result in an impoundment of water with a water surface in excess of forty acres, the lead agency shall be the department of ecology. (10) For proposals to construct facilities on a single site designed for, or capable of, storing a total of one million or more gallons of any liquid fuel, the lead agency shall be the department of ecology. (11) For proposals to construct any new oil refinery, or an expansion of an existing refinery that shall increase capacity by ten thousand barrels per day or more, the lead agency shall be the department of ecology. (12) For proposals to construct any new metallic min- eral processing plant, or to expand any such existing plant by ten percent or more of design capacity, the lead agency shall be the department of ecology. WAC 197-10-235 LOCAL AGENCY TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY. For any proposal for a private project where a city or town with a population of under five thousand or a county of fifth through ninth class would be the lead agency pursuant to the designation cri- teria of WAC 197-10-210 through -230, and when one or more state agencies are agencies with jurisdiction over the pro- posal, such local agency may at its option transfer the lead agency duties to that state agency with jurisdiction appearing first on the priority listing in WAC 197-10-225. In such event, the state agency so determined shall be the lead agency and the agency making the transfer shall be an agency with jurisdiction. Transfer is accomplished by the county, city or town transmitting a notice of the transfer together with any relevant information it may have on the proposal to the appropriate state agency with jurisdiction. The local agency making the transfer shall also give notice of the transfer to any private applicant and other agencies with jurisdiction involved in the proposal. WAC 197-10-240 AGREEMENTS AS TO LEAD AGENCY STATUS. Nothing herein sfial prohibit an agency from assuming the role of lead agency as a result of an agreement among all agencies with jurisdiction. WAC 197-10-245 AGREEMENTS BETWEEN AGENCIES AS TO DIVI- SION OF LEAD AGENCY DUTIES. Two or more agencies may by agreement share or divide the responsibilities of lead agency through any arrangement agreed upon. In such event, however, the agencies involved shall designate one of them as the nomi- nal lead agency, which shall be responsible for complying with the duties of the lead agency under these guidelines. Other agencies with jurisdiction shall be notified of the agreement and determination of the nominal lead agency. -22- r WAC 197-10-260 DISPUTE AS TO LEAD AGENCY DETERMINATION --RES CEF. (1) In the event that the agencies with jurisdiction are unable to determine which agency is the lead agency under these guidelines, any agency with jurisdic- tion may petition CEP for such determination. Such petition shall clearly describe the proposal in question, and include a list of all licenses and approvals required for the pro- posal. Any such petition shall be filed with CEP within fif- teen days after receipt by the petitioning agency of the de- termination to which it objects. Copies of the petition shall be mailed to any private applicant involved, as well as to all other agencies with jurisdiction over the proposal. The applicant and agencies with jurisdiction may file with CEP a written response to the petition within ten days of the date of the initial filing. (2) Within fifteen days of receipt of a petition, CEP shall make a written determination of the lead agency, which shall be mailed to the applicant and all agencies with jurisdiction. CEP shall make its determination in accordance with these guidelines; or in the event the guidelines do not control, the lead agency shall be the agency whose action, license, or licenses will have the greatest effect on the environment. WAC 197-10-270 ASSUMPTION OF LEAD AGENCY STATUS BY ANOTHER AGENCY WITH UItIS'IffCTION. When there has been an assumption of lead agency status by another agency with jurisdiction over a proposal, pursuant to WAC 197-10-345, the lead agency responsi- bilities regarding threshold determination procedures (WAC 197 -10-300 through -390) transfer to the new lead agency. THRESHOLD DETERMINATION WAC 197-10-300 THRESHOLD DETERMINATION REQUIREMENT. (1) Except as provided in subsection (2) hereof, a thres- hold determination shall be made for every proposal for a major action. The responsible official designated by the lead agency shall be responsible for making the threshold determination. Only the lead agency shall make a threshold determination, except when lead agency duties are shared or assumed pursuant to WAC 197-10-245 and -345, respectively. (2) The threshold determination requirement of comple- tion of an environmental checklist may be omitted, unless pre- draft consultation occurs, when: ~ (a) Both the responsible official and the sponsor (public or private) of a proposal agree that an EIS is required, or (b) The sponsor of the proposal and the lead agency are the same entity and decides that an EIS is required. (3) When the provisions of subsection (2) above have been utilized, compliance with requirements for use of the environmental checklist contained in WAC 197-10-305 through -390 may be disregarded. -23- , , I WAC 197-10-305 RECONiMENDED TIMING FOR THRESHOLD DETER- MINATION. In most cases the time required to complete a threshold determination should not exceed fifteen days. The initial review of a completed environmental checklist can usually be completed in a matter of hours. If further infor- mation is required to make the threshold determination, the time required will vary, depending upon the nature of the pro- posal and the information required. When a threshold deter- mination is expected to require more than fifteen days to complete and a private applicant requests notification of the date when a threshold determination will be made, the lead agency shall transmit to the private applicant a written statement as to the expected date of decision. WAC 197-10-310 THRESHOLD DETERMINATION PROCFDURES-- ENVIR CH=IST. (1) An environmental checklist substantially in the form provided in WAC 197-10-365 sha11 be completed for any proposed major action before making the threshold determination. The proposal's proponent shall complete the checklist either alone or together with the lead agency. Explanations of every "yes" and "maybe" answer on the checklist shall be provided, and persons completing the checklist may provide explanations of "no" answers. Persons filling out an environmental checklist may make reference to studies or reports which are available to the agency to which the checklist is being subrnitted. (2) An environmental checklist may be required by an acting agency receiving an application for a major action, or (if one has not been previously completed) shall be re- quired by the lead agency prior to making the threshold de- termination. (3) No environmental checklist or threshold determina- tion is required for proposals that are exempted by WAC 197 -10-170, -175 and -180. WAC 197-10-320 THRESHOLD DETERMINATION PROCEDURES-- INITIAI RE= OF-`hTVIRONMENTAL CHECKLIST. (1) The lead agency sha11 conduct an initial review of the environmental checklist for the proposal together with any supporting docu- mentation. This initial review shall be made without requir- ing further information from the applicant. In making this initial review, the lead agency shall independently evaluate each item on the checklist and indicate thereon the results of this evaluation. (2) After completing the initial review of the environ- mental checklist, the lead agency shall apply the criteria of WAC 197-10-060 and -360 to the checklist as evaluated by the lead agency. This process wi11 l.ead to one of three determin- ations: (a) The proposal wi11 not have a significant adverse impact upon the quality of the environment; in which case, the lead agency shall initiate the negative threshold determination procedures of WAC 197-10-340; or, (b) The proposal will have a significant adverse impact upon the quality of the environment; in which case the lead agency shall initiate the EIS preparation procedures of WAC 197-10-350 and -400 through -695; or, (c) There is not sufficient information available to the lead agency to enable it to reasonably make a determination of -24- . ~ 1 ♦ the environmental significance of the proposal; in which case the lead agency shall implement one vr more of the informativn gathering mechanisms in WAC 197-10-330. 14AC I97-10-330 THRESHpLD DETERMINATIQN PROCEDURES-- INFCIRMATI0N IN ADDITIQN TO CHECKLYST, (1) The threshold determination by the lead agency m.ust be based upon i.nforma- tian reasonably suff ic,xent ta determine the environmental i.mpact of a proposal. In the event that the Tead ageney determines the information available ta iC is nat reasonably sufficient ta make this determination, one or more of the following may be initiated: (a) The applicant may be required to furnish further informatian. This addition.aT infQrmation shalI be limited to thase categories on the envirvnrnental ehecklist. An ap- piieant may be required ta provide explan.ations of any "no" answers to questions an the checkl,ist. (b) fi'he Iead agency rnay initiate further studies, in- cluding physical investigatians on the subject prvperty, cii.rected toward providing additional information on the en- vironmental impacts of the proposal. (c) The lead agency may consult with other agencies with jurisdiction over the proposal, requesting substantive infarmatiatt as to potential environmental impacts of the propnsal which lie within the area of expertise of the par- ticular agency so consul.ted. Agencies so consulted shall respand in accordanee with the requirements of WAC I97-10-500 through -540. (2) When, during the course of callecting further in- formatian on a praposal, the lead agency vbtains information reasanably sufficient to assess the adverse environmental impaets of the proposal, it shall imunediately make the thres- hold determination utilizing the criteria of WAC 197-10-360 and -365, In the event that the further investigations auth- orized by this sectian do not pravide information reasanably sufficient to assess any potential adverse enviranmental im- pacts of the proposal, an EIS shall be pregared, WAG I9 7-1Q- 340 THRESHULD DETER.N[INATI(7N PRd+CEDURES — NEGATIVE DECLARATIOIVS. In the event the Iead agency determines a proposal wi11 not have a significant adverse impact vn the quality of the environment, it shal.l prepare a proposed ar final declaratiQn of nvn-signif icance, as appropriate, substantially in the farm provided in WAC 197 -10-355. (2) The lead agency sha11 grepare a final declaration of non-significance for all propasals except for thQSe listed in subsection (3) below. . (3) A lead agency making a threshold determinatian of non-signifi.cance for any of the following proposals sha11 prepare a proposed declaratiQn of non-significanee, and Comply with the requirements of subsection (4) through (6) . below priQr ta taking any further action on the proposal: (a) Progosals far which there is another agency with jurisdictian. (b) Proposals involving demolitian of any structure or facility nvt exempted by WAG 197--10-170(1) (n) ar -150. (c) Propvsals involving issuance of clearing ar grading permits nvt exempted by WAC 197-10-170, -175 or -180. -25- (4) The lead agency shall list all proposed declarations of non-significance in the "Proposed Declaration of Non- Significance Register" at its SEPA public information center. All such declarations shall be attached to the environmental checklist as evaluated by the lead agency and transmitted to any other agencies with jurisdiction and to the SEPA public • information center of the lead agency. (5) Any person or agency may submit written comments on the proposed declaration of non-significance to the lead agency within fifteen days from the date of its listing in the register. The lead agency shall take no further action on the proposal which is the subject of the proposed declara- tion of non-significance for fifteen days from the date of its listing in the register. If comments are received, the lead agency shall reconsider its proposed declaration in light thereof; however, the lead agency is not required to modify its proposed declaration of non-significance to re- flect the comments received thereon. (6) After the fifteen day time period has elapsed, and after considering any comments, the lead agency shall either adopt its proposed declaration as a"Final Declaration of Non-Significance," or determine that the proposal is signifi- cant, or utilize the additional information gathering mech- anisms of WAC 197-10-330(1). (7) Issuance of proposed and final declarations of non- significance completes the procedural requirements of these guidelines unless another agency with jurisdiction assumes lead agency duties and responsibilities pursuant to G1AC 197-10-345. WAC 197-10-345 ASSUMPTION OF LEAD AGENCY STATUS BY ANOTHER AGENCY WITH JURISDICTION OVER A PROPOSAL--PRE- REQUISITES, EFFECT AND FORM OF NOTICE. (1) Notwithstanding the lead agency determination criteria of WAC 197-10-200 through -260, an agency with jurisdiction over a proposal, upon review of a proposed declaration of non-significance, may transmit to the initial lead agency a completed "Notice of Assumption of Lead Agency Status." Such form of notice shall be substantially similar to that described in subsection (4) below. Assumption of lead agency status, if it is to occur, shall take place within fifteen days of the listing of the proposal in the "Proposed Declaration of Non-Significance Register" as provided for in WAC 197-10-340. (2) An agency with jurisdiction over a proposal, prior to transmittal of the notice described in subsection (4) below and an attached declaration of significance, shall make a finding that an EIS is required for the proposal. This find- ing shall be based only upon information contained in the environmental checklist attached to the proposed declaration of non-significance transmitted by the lead agency and any other information possessed by the agency with jurisdiction relative to the matters contained in the environmental check- list. (3) As a result of the transmittal of a completed form of the notice contained in subsection (4) below and attached declaration of significance, the consulted agency with juris- diction shall become the "new" lead agency and shall begin preparation of a draft EIS. In addition, all other responsi- bilities and authority of a lead agency under this chapter shall be transferred to the new lead agency. -26- (4) Th orm of "Notice of Assumption Lead Agency Status" is as follows: • FORM OF NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS Description of Proposal Proponent Location of Proposal Initial Lead Agency New Lead Agency This proposal was determined by the initial lead agency to have no significant adverse impact upon the environment, according to the proposed declaration of non-significance dated ' . A review of the information relative to the environmental checklist has been made by the new lead agency and in its opinion an EIS is required for the proposal. Consequently, notice is hereby given that the former consulted agency with jurisdiction assumes the responsi- bility of lead agency status from the initial lead agency, including, but not limited to, the duty to prepare a draft and final EIS on the proposal. Responsible Official Position/Title Address/Phone Date Signature (5) A completed form of notice, together with a declara- tion of significance, shall be transmitted to the intial lead agency, any other agencies with jurisdiction and the proponent of the proposal. A copy of the notice shall be retained in the new lead agency's SEPA public information center. (6) Agencies with jurisdiction may still comment criti- cally upon a proposed declaration of non-significance with- out assuming lead agency status. No agency shall be deemed to have assumed lead agency status pursuant to this section unless a notice substantially in the form of subsection (4) hereof is completed and transmitted by that agency. The decision of any agency with jurisdiction to not assume lead agency status pursuant to this section shall create no new legal obligation upon that agency. WAC 197-10-350 AFFIRMATIVE THRESHOLD DETERMINATION. (1) In the event the lead agency determines that the proposal will have a significant adverse effect upon the quality of the en- vironment, it shall prepare a declaration of significance using the form in WAC 197-10-355 which shall be retained in the files of the lead agency. The lead agency shall then list the proposal in the "EIS in Preparation Register" maintained I at the SEPA public information center of the lead agency, and then begin the EIS preparation procedures of WAC 197-10-400 through -695. (2) After the additional information gathering mechan- isms of WAC 197-10-330 have been utilized, and when there -27- . . exists a reasonable belief by the lead agency that the pro- posal could have a significant adverse impact, the procedure - contained in subsection (1) above sha11 also be followed. WAC 197-10-355 FORM OF DECLARATION OF SIGNIFICANCE/NON- SIGNIF-IZ;~NZ~. A declaration substantially in the form set forth in subsection (2) of this section shall be used for all declarations of significance and proposed and final dec- larations of non-significance. This form shall be attached to the environmental checklist together with any other informa- tion obtained pursuant to WAC 197-10-330, and maintained in the files of the lead agency. The form without the attachments shall also be retained in the SEPA public information center of the lead agency for one year after issuance. (2) The form is as follows: FORM FOR [PROPOSED/FINAL] DECLARATION OF [SIGNIFICANCE/NON-SIGNIFICANCE] Description of proposal Proponent Location of Proposal Lead Agency This proposal has been determined to [have/not have] a signifi- cant adverse impact upon the environment. An EIS [is/is not] required under RCW 43.21C.030(2)(c). This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. Responsible Official Position/Title Date Signature (3) If the form is for a declaration of environmental significance, the lead agency may add to the information con- tained in subsection (2) of this section a listing of those environmental impacts which led to the cieclaration, together with a brief explanation of what measures, if any, could be taken to prevent or mitigate the environmental impacts of the proposal to such an extent that the lead agency would with- draw its declaration and issue a[proposed/final] declaration of non-signif icance. WAC 197-10-360 THRESHOLD DETERMINATION CRITERIA--APPLI- CATION OP=IRORMTAL CHECKLIST. (1) The lead agency shall apply the questions in the environmental checklist to the total proposal, including its indirect effects [See WAC 197 -10-060], to deterrnine whether the proposal will result in a significant adverse impact upon the quality of the environment. The threshold decision shall be based solely upon this process. The questions contained in the environmental checklist are ex- clusive, and factors not listed therein shall not be considered in the threshold determination. (2) The questions in the environmental checklist are not weighted. It is probable there will be affirmative answers to several of these questions while the proposal would still not -28- ~ ~ necessarily have a significant adverse impact; however, a single affirmative answer could indicate a significant adverse impact, depending upon the nature of the impact and location of the proposal. The nature of the existing environment is an important factor. The same project may have a significant ad- verse impact in one location, but not in another location. The absolute quantitative effects of the proposal are also im- portant, and may result in a signficant adverse impact regard- less of the nature of the existing environment. The lead agency shall also be alert to the possibility that several marginal impacts when taken together will result in a signifi- cant adverse environmental impact. For some proposals, it may be impossible to forecast the environmental impacts with pre- cision, often because some variables cannot be predicted. If, after the lead agency has utilized the additional information gathering mechanisms of WAC 197-10-330, the impacts of the proposal are still in doubt, and there exists a reasonable belief by the lead agency that the proposal could have a sig- nificant adverse impact, an EIS is required. (3) It should also be remembered that proposals de- signed to improve the environment (such as sewage treatment plants or pollution control requirements) may also have ad- verse environmental impacts. The question at the threshold determination level is not whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather if the proposal involves any significant adverse impacts upon the quality of the environment. If it does, an EIS is required. No test of balance shall be applied at the threshold deter- mination level. (4) Additional research or field investigations by either the lead agency or by the private applicant is required when the information available to the lead agency is not suf- ficient for it to make a determination of the potential ad- verse environmental impacts [See WAC 197-10-330]. It is expected, however, that many proposals can be evaluated en- tirely through an office review [See WAC 197-10-320] of the environmental checklist, and that for other proposals, the majority of the questions in the environmental checklist may be answered in the same manner. ' WAC 197-10-365 ENVIRONMENTAL CHECKLIST. (1) The form in subsection (ITTereof is the environmental checklist. Agencies may at their option revise the format of this form; however, the language of the questions shall not be changed. The questions appearing in the environmental checklist are exclusive, and considerations which do not appear in it or in WAC 197-10-360 shall not be used in making a threshold de- termination. This checklist does not supersede or void appli- cation forms required under any other federal or state statute or local ordinance, but rather is supplementary thereto. (2) Environmental checklist form: Introduction: The State Environmental Policy Act of 1971, C'hapter 4-T-71C, RCW, requires all state and local government- al agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explan- ations of your answers are required, or where you believe an -29- , . explanation would be helpful to government decision makers, include your explanation in the space provided, or use addi- tional pages if necessary. You should include references to any reports or studies of which you are aware and which are relevant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal, not just to the license for which you are currently applying or the pro- posal for which approval is sought. Your answers should include the impacts which will be caused by your pro;osal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, without duplicating paperwork in the future. NOTE: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your pro- posal. If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I. BACKGROUND l. Name of Proponent 2. Address and Phone Number of Proponent: 3. Date Checklist Submitted 4. Agency Requiring Checklist 5. Name of Proposal, if applicable: 6. Nature and Brief Description of the Proposal (includ- ing but not limited to its size, general design ele- ments, and other factors that will give an accurate understanding of its scope and nature): 7. Location of ProposaY (describe the physical setting of the proposal, as well as the extent of the land area affected by any environmental impacts, including any other information needed to give an accurate understand- ing of the environmental setting of the proposal): 8. Estimated Date for CompYetion of the Proposal: 9. List of all Permits, Licenses or Government Approvals Required for the Proposal (federal, state and local-- including rezones): -30- 10. Do have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: 11. Do you know of any plans by others which may atfect the property covered by your proposal? If yes, explain: 12. Attach any other application form that has been com- pleted regarding the proposal; if none has been com- pleted, but is expected to be filed at some future date, describe the nature of such application form: II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) Yes Maybe No (1) Earth. Will the proposal result in: (a) Unstable earth conditions or in changes in geologic substructures? (b) Disruptions, displacements, com- paction or overcovering of the soil? (c) Change in topography or ground surface relief features? (d) The destruction, covering or modification of any unique geologic or physical features? (e) Any increase in wind or water erosion of soils, either on or off the site? (f) Changes in deposition or ero- sion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Explanation: (2) Air. Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? (b) The creation of objectionable odors? (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? Explanation: -31- Yes Maybe No (3) Water. Will the proposal result in: (a) Changes in currents, or the course or direction of water move- ments, in either marine or fresh waters? (b) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? (c) Alterations to thP course or flow of flood waters? (d) Change in the amount of sur- face water in any water body? (e) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? (f) Alteration of the direction or rate of flow of ground waters? (g) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? (h) Deterioration in ground water quality, either through direct in- jection, or through the seepage of leachate, phosphates, detergents, waterborne virus or baqteria, or other substances into the ground waters? (i) Reduction in the amount of water otherwise available for public water supplies? Explanation: (4) Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, crops, microflora and aquatic plants)7 (b) Reduction of the numbers of any unique, rare or endangered species of flora? -32 - Yes Maybe No (c) Introduction of new species of flora into an area, or in a barrier to the normal replenish- ment of existing species? (d) Reduction in acreage of any agricultural crop? Explanation: (5) Fauna. Will the proposal result in: (a) Changes in the diversity of species, or numbers of any species of fauna (birds, land animals including reptiles, fish and shell- fish, benthic organisms, insects or microfauna)? (b) Reduction of the nwnbers of any unique, rare or endangered species of fauna? (c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement of fauna? (d) Deterioration to existing fish or wildlife habitat? Explanation: (6) Noise. Will the proposal increase existing noise levels? Explanation: (7) Light and Glare. Will the pro- posal produce new light or glare? Explanation: (8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? Explanation: - 33- , ~ . i Yes Maybe No (9) Natural Resources. Will the pro- posal result in: (a) Increase in the rate of use of any natural resources? (b) Depletion of any nonrenewable natural resource? Explanation: (10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an acci- dent or upset conditions? Explanation : . (11) Po ulation. Wi11 the proposal a.ter the location, distribution, density, or growth rate of the human population of an area? Exp lanat ion : (12) Housing,. Will the proposal affect existing housing, or create a demand for additional housing? Explanation: (13) Transportation/Circulation. Will the proposa:l result in : (a) Generation of additional vehicular movement? (b) Effects on existing parking facilities, or demand for new parking? (c) Impact upon existing trans- portation systems? (d) Alterations to present patterns of circulation or move- ment of people and/or goods? (e) Alterations to waterborne, rail or air traffic? -34- . Yes Maybe *10 . (f) Increase in traffic hazards • to motor vehicles, bicyclists or pedestrians? Explariation : (14) Public Services. Will the pro- posal have an effect upon, or result in a need for new or al- tered governmental services in any of the following areas: (a) Fire protection? (b) Police protection? (c) Schools? (d) Parks or other recreational facilities? (e) Maintenance of public facili- ties, including roads? (f) Other governmental services? Explanation: (15) EnergY. Will the proposal result in: (a) Use of substantial amounts of fuel or energy? (b) Demand upon existing sources of energy, or require the develop- ment of new sources of energy? Explanation: (16) Utilities. Will the proposal result in a need for r.ey;- Gvstems, or alterations to the following utilities: (a) Power or natural gas? (b) Communications systems? (c) Water? (d) Sewer or septic tanks? (e) Storm water drainage? (f) Solid waste and disposal? Explanation: -35- i 1 ~ ~ ♦ Yes Maybe Nta (17) Human Health. Wil1 the proposal result in tfie creativn of any health hazard or patential health hazard {excluding mental health}? ExpZanation: (18) Aesthetics. WiII the prapc+sal result in the obstruction of any scenic vista ar view open tv the public, or will the proposal re- sult in the creation of an aesthetically affensive site open tv public view? Explanation: (19) Recreation, Will the proposal result in an impact upon the quaTity vr quantity of existing reereational vpportunities? Explanation : (20) Archeolo ical/Histarical. WiI]. the proposaresult in an afteration of a s%gnificant archevlagical vr his- torical site, structure, abject or building? Explanatian: II1. SIGNATURE I, the undersigmed, state'that to the best of my knowledge the above information is true and complete. It is understaod that the lead agency may withdraw any declaration of nan-signi- ficance that it might issue in reliance upon this checklist should there he any willfu1 misrepresentation or willful laek of full disclosure on my part. Proponent: WAC 197-10-370 WITHDRAWAL 0F AFFIRMA,TIVE THRESH(7LD DETERMINATIQN. If at any time af ter the entry of a declara- tion of significance, the propanent mvdifies the gropasal so that, in the judgment of the lead agency, all significant adverse environmental impaets resulting therefrom are elimin- ated, the declaration of significance shall be withdrawn and a declaratian of non-significance entered instead. The Tead agency shall also revise the registers at its SEFA public, information center accordingIy. If the proponent of a pro- posal is a private applicant, the propvsal shall not be can- sidered modified until all license applications for the pro- posal are revised to reflect the modification. -3b- WAC 197-10-375 WITHDRAWAL OF NEGATIVE THRESHOLD DETER- MINATION. (1) Except after a non-exempt license has been issued for a private project, the lead agency may withdraw any proposed or final declaration of non-significance when new information becomes available to it indicating that the proposal may have significant adverse environmental impacts. (2) The lead agency may withdraw any proposed or final declaration of non-significance at any time when: (a) The proposal has been modif ied after the threshold determination, and such modification may cause the proposed action to have significant adverse environmental impacts, or (b) The negative threshold determination was procured by misrepresentation or lack of full disclosure by the pro- ponent of the proposal. (3) Whenever a negative threshold determination is withdrawn pursuant to this section, the lead agency shall immediately re-evaluate the proposal and make a revised thres- hold determination pursuant to WAC 197-10-300 through -360. (4) Whenever a final declaration of non-significance has been withdrawn for one of the reasons in subsection (2) here- of, and the lead agency upon re-evaluation determines that the proposal will have significant adverse environmental impacts, agencies with jurisdiction shall initiate procedures to sus- pend, modify or revoke, as appropriate, any non-exempt licenses issued for the proposal until compliance with the procedures of these guidelines is met. WAC 197-10-380 INTRA-AGENCY APPEALS OF THRESHOLD DETER- MINATIONS. Agencies may at their option provide in their guidelines for internal review or appeals of threshold deter- minations, including appeals initiated by members of the public. The time required to complete any such review or appeal mechanisms may be considered an addition to that recommended by WAC 197-10-305. WAC 197-10-390 EFFECT OF THRESHOLD DETERMINATION BY LEAD AGENCY. (Y) Except as provided in subsection (2) below, a threshold determination by the lead agency is binding upon all agencies, and no agency shall repeat the threshold determination procedures for substantially the same proposal. This section shall not be construed to permit or prohibit judicial review of a threshold determination by a court, or quasi-judicial review of a threshold determination by an agency during an administra- tive hearing. (2) An agency with jurisdiction over a proposal, upon re- ceipt of a proposed declaration of non-significance from the lead agency, may complete and transmit a notice of assumption of lead agency status after meeting the requirements of WAC 197 -10-345. As a result of compliance with WAC 197-10-345, the agency with jurisdiction has in effect reversed the decision of the initial lead agency regarding environmental insignificance and as the new lead agency, will be required to prepare a draft EIS and exercise the other responsibilities of a lead agency under these guidelines. -37- J DRAFT EIS PREPARATION AND CONTENTS WAC 197-10-400 DUTY TO BEGIN PREPARATION OF A DRAFT EIS. After compliance with WAC 197-10-350, relating to preparation of a declaration of significance and the listing of the pro- posal in the "EIS in Preparation Register," the lead agency shall prepare the draft and final EIS in compliance with WAC 197-10-410 through -695. WAC 197-10-405 PURPOSE AND FUNCTION OF A DRAFT EIS. (1) The principal purpose of the draft EIS document is to transmit information concerning a proposed governmental action and the alternatives to that action to public officials, pro- ject sponsors, and interested citizens. While the contents of a draft EIS may span a wide spectrum of issues, the focus of the document is upon the following: (a) The assessment of the adverse impacts upon the en- vironment which may result from the proposed action or its alternatives, and (b) An analysis of ineasures which may be taken to miti- gate or eliminate those adverse impacts. (2) Another principal function to be served by the draft EIS process is to facilitate the transmittal to the lead agency from other governmental agencies and interested citizens sub- stantive in-formation concerning the adverse impacts upon the environment discussed inadequately or erroneously in the draft EIS. The draft EIS process also provides an opportunity for reviewers of the document to bring to the attention of the lead agency any issue of potential environmental concern which should be explored by the lead agency prior to the issuance of a f inal EIS. WAC 197-10-410 PRE-DRAFT CONSULTATION PROCEDURES. (1) Pre-dratt consultation is consultation by the lead agency with another agency with jurisdiction or expertise prior to completion of the draft EIS. Pre-draft consultation with another agency on proposals for private projects shall only be initiated by the lead agency when requested by a private applicant participating in the preparation of the draft EIS. Pre-draft consultation with another agency on public propos- als may be initiated at the option of the lead agency. (2) Pre-draft consultation is commenced when the lead agency sends to the consulted agency a packet of the following material related to the proposal: (a) Any application for licenses for the proposal in the possession of the lead agency. (b) A copy of the environmental checklist required by WAC 197-10-310, as reviewed pursuant to WAC 197-10-320. (c) Any information in addition to the checklist result- ing from application of WAC 197-10-330. (d) Any other information deemed relevant to the pro- posal by the lead agency such as: (i) Prior EISs; (ii) Portions of applicable plans or ordinances; or, (iii) Prior scientific studies applicable to the site. (3) Agencies so consulted will have forty-five days from receipt of the packet to respond in writing to the lead agency. The required contents of the consulted agency response are governed by WAC 197-10-500 through -540. (4) The lead agency shall incorporate the relevant infor- mation received from other agencies during the pre-draft con- sultation stage into the draft EIS, by either summarizing the -38- ~ major findings which are contained in each of the consulted agency's responses or utilizing all of the data received. In the event the lead agency disagrees with any conclusion ex- pressed in the information received from the consulted agency, the conclusion shall be set forth together with the position of the lead agency. The information required by this subsection may be placed wherever in the draft EIS the lead agency deems most appropriate. There is no requirement that either the draft or final EIS include responses to pre-draft consultation in a separate "response" section. WAC 197-10-420 PREPARATION OF EIS BY PERSO:yS OUTSIDE THE LEAD AGENCY. (1) Preparation of the EIS is the responsi- bility of the lead agency, by or under the direction of its responsible official. No matter who participates in the pre- paration of the EIS, it is nevertheless the EIS of the respons- ible official of the lead agency. The responsible official, prior to distributing the draft EIS, shall be satisified that it complies with the provisions of these guidelines and the guidelines of the lead agency. (2) An EIS may be prepared by a private applicant or agent thereof, or by an outside consultant retained by either a private applicant or the lead agency. In such case, the responsible official within the lead agency shall assure that the EIS is prepared in a responsible manner and with appro- priate rnethodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. (3) If a person other than the lead agency is preparing the EIS, the responsible off icial will coordinate any pre-draft consultation procedures so that the individual preparing the EIS immediately receives all substantive information submitted by consulted agencies. The responsible official shall also attempt to obtain any information needed by the person prepar- ing the EIS which is on file with another agency or federal agency. The responsible official shall allow any private party preparing an EIS access to all public records of the lead agency which are relevant to the subject matter of the EIS, pursuant to RCW 42.17 [Public Disclosure and Public Records Law; Initiative 276, 1973]. (4) Every agency shall specifically provide in its own guidelines those situations in which a private applicant may be req•sired or authorized to participate in the preparation of an EIS. Such agency guidelines may not require more informa- tion of a private applicant than allowed by this chapter, but may authorize a lesser degree of participation by a private applicant than allowed herein: PROVIDED, That nothing herein shall be construed to prohibit an agency from charging any fee of an applicant which the agency. is otherwise authorized to charge [See WAC 197-10-860). (S) No private applicant shall be required to participate in the preparation of an EIS except when consistent with the guidelines of the lead agency. A private applicant may, how- ever, volunteer to provide any information or effort desired, so long as the contents and organization of the resulting EIS are supervised and approved by the responsible official as required by this section. (6) The provisions of this.section apply to both the draft and final EIS. -39- A ~ WAC 197-10-4'l5 ORGANIZATION AND STYLE OF A Li.AFT EIS. (1) The required contents of a draft EIS for proposals of both , a project and non-project nature are set forth in WAC 197-10-440. The contents of a draft EIS prepared pursuant to that section shall be organized as set forth in subsections (2) and (3) of this section. (2) Each draft EIS shall begin with an introduction, table of contents, distribution list, summary, and a description of the proposed action. The information contained in each section shall conform to the applicable requirements set forth in WAC 197 -10-440(1) through -440(6). Organization variation is not per- mitted for these portions of the draft EIS. (3) The organization and style of the remaining content of the EIS may be varied, at the option of the lead agency, from the format set forth in WAC 197-10-440(7) through (14): PRO- VIDED, That all of the subject matters required by WAC 197-10 -440 shall be contained somewhere within the draft EIS. (4) The lead agency that prepares a draft EIS should keep in mind that the purpose of a draft EIS is to aid decision-rnakers in considering the significant environmental impacts of their decisions. This purpose is not served by EISs which are exces- sively detailed and overly technical. Clarity and conciseness of presentation are of crucial importance in ensuring that EISs prepared under these guidelines are considered and actually utilized in decision-making processes. WAC 197-10-440 CONTENTS OF A DRAFT EIS. (1) The follow- ing subsections set forth the required contents of a draft EIS: PROVIDED, That where an agency is preparing a draft EIS in order to satisfy the requirements of NEPA, as well as SEPA, and the regulations of the applicable federal agency require items in addition to that set forth below, then the contents of the draft EIS may be expanded as necessary to meet the requirements of that federal agency. (2) Introduction. The following information shall be suc- cinctly set forth at the beginning of the draft EIS: (a) Action sponsor, and a brief (one or two sentence) de- scription of the nature of the proposal and its location (street address, or nearest crossroads or cross-streets). (b) Lead agency, responsible official, and the name and address of a contact person to whom comments, information and questions may be sent. (c) Authors and principal contributors to the draft EIS and the nature or subject area of their contribution. (d) List of all licenses which the proposal is known to require. (e) Location of EIS background data. (f) Cost to the public for a copy of the EIS pursuant to RCW 42.17. (g) Date of issue of the draft EIS. (h) Dates by which consulted agency and public comments must be received to be incorporated into the final EIS. (3) Table of contents. (4) Distribution list. The draft EIS shall include a list of the names of all agencies, federal agencies, organiza- tions and persons to whom the draft EIS will be sent upon publication [See WAC 197-10-460]. (S) SuIIUrt Xy of the contents of the draft EIS. Each draft EIS shalt contain a summary of its contents as an aid to the agency decision-makers. The lead agency is to bear in mind that agencies other than the lead agency may be utiliz- ing the EIS as an aid in decision-making. Therefore, care should be taken to ensure that the scope of the summary and -40- . ~ • the EIS is sufficiently broad to be useful to those other agencies being requested to license or approve a proposal. The summary shall contain only a short restatement of the main points discussed in the EIS for each of the various subject areas. In the event impacts cannot be predicted with certainty, the reason for uncertainty together with the more likely possi- bilities should be concisely stated. In most cases it is ex- pected that the summary will run two to five pages, but it shall not be more than ten pages. The summary shall include a brief description of the following: (a) The proposal, including the purpose or objectives which are sought to be achieved by the sponsor. (b) The direct and indirect impacts upon the environment which may result from the proposal. (c) The alternatives considered, together with any varia- tion in impacts which may result from each alternative. (d) Measures which may be effectuated by the applicant, lead agency, or other agency with jurisdiction to mitigate or eliminate adverse impacts which may result from the proposal. (e) Any remaining adverse impacts which cannot or will not be mitigated. (6) Description of the proposal. The draft EIS shall include a.description of the total proposal, including, but not limited to, the following: (a) The name of the proposal and sponsors. (b) The location of the project, or area affected by a non-project action, including an address, if any, and a legal description: PROVIDED, That where the legal description is by metes and bounds, or is excessively lengthy, a map, in lieu of a legal description, shall be included which enables a lay person to precisely understand the location of the proposal. (c) Reference to the file numbers, if known, of any other agencies involved so the proposal's location may be identified with precision by the consulted agency. (d) If the proposal involves phased construction over a period of time, the timing of each construction phase should be identified; and if it is anticipated that later phases of the proposal will require future environmental analyses, these should be identified. (e) A description of the major physical and engineering aspects of the proposal. This description should be tailored to the environmental impacts later discussed, with those_physi- cal aspects of the proposal causing the greater impacts being given the more detailed description. Inclusion of detailed engineering drawings and technical data should normally be avoided. Material of this nature should be retained in agency files and supplied to consulted agencies upon request. (f) A brief description of existing comprehensive land use plans and zoning regulations applicable to the proposal, and how the proposal is consistent and inconsistent with them. (g) Within the general guidelines of this subsection, the lead agency has discretion to determine the content and level of detail appropriate to-adequately describe the proposal. (7) Existi~ng environmental conditions. This section shall incluae t~ie tollowing: (a) A general assessment of the existing environment, I covering those areas of the environment listed in WAC 197-10 -444. (i) The level of detail used in presenting the existing environment should be proportionate to the impacts the pro- posal will have if approved. (ii) Areas of the environment which are not relevant to the identified impacts need only be mentioned generally, or not at all. -41- ► . (iii) Inventories of the species of flora and fauna present on the site should be avoided; rather, emphasis should be placed upon those species and habitats which may be signi- ficantly affected. (iv) This subsection shall be brief, non-technical, and easily understandable by lay persons, and provide the neces- sary background for understanding the proposal's impacts. (b) Specific reference shall be made to those inventor- ies and data studies which provided the informational source for part or all of the contents of this subsection. (8) The impact of the proposal on the environment. The following items shall be included in this subsection: (a) The known impacts resulting from the proposal within any element of the environment listed in WAC 197-10-444, the effects of which are either known to be, or which may be sig- nificant (whether beneficial or adverse), shall be discussed in detail; impacts which are potential, but not certain to occur, shall be discussed within reason. (b) Elements of the environment which will not be signi- ficantly affected shall be marked "N/A" (not applicable) as set forth in WAC 197-10-444(1). (c) Direct and indirect impacts of the total proposal, as described in subsection (8)(a) above shall be examined and discussed (for example, cumulative and growth-inducing impacts). (d) The possibility that effects upon different elements of the environment will interrelate to form significant im- pacts shall be considered. (9) The relationship between local short-term uses of man's enY ironment and maintenance and enhancement of long- term productivity. The following items shall be included in this subsection: (a) An identification of the extent to which the propos- al involves trade-offs between short-term gains at the expense of long-term environmental losses. (i) The phrases "short-term" and "long-term" do not refer to any fixed time periods, but rather are to be viewed in terms of the significant environmental impacts of the pro- posal. (ii) Impacts which will narrow the range and degree of beneficial uses of the environment or pose long-term risks to human health shall be given special attention. (b) A discussion of the benef its and disadvantages of reserving for some future time the implementation of the pro- posal, as opposed to possible approval of the proposal at this time. (i) The agency perspective should be that each generation is, in effect, a trustee of the environment for succeeding gen- erations. (ii) Particular attention should be given to the possi- bility of foreclosing future options or alternatives by imple- mentation of the proposal. (10) Irreversible or irretrievable commitments of re- sources. The tollowing items shall be included in this sub- section: (a) An identif ication of all substantial quantities of natural resources, including sources of energy and nonrenew- able materials, which will be committed by the proposal on a permanent or long-term basis. Commitment of natural resources also includes the lost opportunities to make other uses of the resources in question. (b) This subsection may be integrated with subsection (9) above in order to more usefully present the information required by both sections. -42 - (11) Adverse environmental imP acts which may be mitigated. The following items sal-17be incl ced in this subsection: (a) A description of reasonable alterations to the pro- posal which may result in avoiding, mitigating or reducing the risk of occurrence of any adverse impacts upon the environment. (b) Energy conservation measures, including more efficient utilization of conventional techniques (e.g.,:insulation) as well as newer methods. (c) Each alternative discussed in (a) and (b) above shall be evaluated in terms of its effect upon the environment, its technical feasibility, and its economic practicability. (12) Alternatives to the proposal. This subsection shall include the f-671owing items: (a) A description and objective evaluation of any reason- able alternative action which could feasibly attain the objec- tive of the proposal. (i) Reasonable alternatives shall include any action which might approximate the proposal`s objective, but at a lower environmental cost or decreased level of environmental degradation. (ii) Reasonable alternatives may be those which are cap- able of being effected by either the lead agency or other agency having jurisdiction. (b) The "no-action" alternative shall be evaluated and compared to the other alternatives. (c) The adverse environmental effects of each alterna- tive shall be identified. (d) The analysis of alternatives should be sufficiently detailed to permit a comparative evaluation of each alterna- tive and the proposal as described in subsection (6) of this section. (e) In those instances where the proposal is for a private project on a specific site, the alternatives consider- ed shall be limited to the "no-action" alternative plus other reasonable alternative means of acrLieving the objective of the proposal on the same site or other sites owned or controlled by the same proponent (which ma include only alterations for mitigation under subsection (11~ of this section). This limit- ation shall not apply when the project proponent is applying for a rezone or contract rezone. (f) Subsection (12) may be integrated with subsection (11) of this section in order to more usefully present the information required by both subsections. (g) The use of the term "reasonable" is intended to limit both the number and range of alternatives that shall be de- scribed and evaluated in this subsection, as well as the amount or level of detail which the EIS shall employ for each alterna- tive that is discussed and evaluated. (13) Unavoidable adverse impacts. This subsection shall include the following items: (a) A listing of those impacts included in subsection (8) of this section which are adverse but cannot, or will not, be mitigated or avoided by modifications to the project. (b) For any impact discussed in subsection (8) of this section which is determined to be non-adverse, the rationale for such determination shall be clearly stated. (c) [Optional] A discussion of the relationship between the costs of the unavoidable adverse environmental impacts and the expected beneficial environmental impacts which will result from the implementation of the proposed action. (14) Other issues. A draft EIS may contain a section labeled "Other Issues~within which those other problems and -43- issues not pertaining to any element listed in WAC 197-10-444, . but which are relevant to the proposal, shall be identified. The section shall be limited to a brief identification of such problems or issues. The lead agency may adopt guidelines that delineate the problems or issues identified under this subsec- tion. [See WAC 197-10-446] WAC 197-10-442 SPECIAL CONSIDERATIONS REGARDING CONTENTS OF AN EIS ON ANON-PROJECT ACTION. (1) The requirements of WAC 197-10-440 apply to the contents of a draft EIS on a pro- posal for a non-project action. Lead agencies, however, have greater flexibility in their approach to achieving compliance with the requirements of WAC 197-10-440 in writing an EIS for non-project actions, because normally less specific details are known about the proposal and any implementing projects, as well as the anticipated impacts on the environment. (2) The lead agency should be alert to the fact that it is in the development and review of proposals for non-project actions where the range of alternatives is typically more broad than that of a proposal for a project action (which is often narrowed to a specific location and design). The proposal should be described in a manner which encourages consideration of a number of alternative methods of accomplishing its objective. For example, an objective of an agency's pro- posal should be stated as "the facilitation of the movement of people from point A to point B" rather than "the widening of an urban arterial in order to accommodate additional pri- vately-owned passenger vehicles." WAC 197-10-444 LIST OF ELEMENTS OF THE ENVIRONMENT. (1) Everv M sfial have appended to it a list of the elements of the environment in subsection (2), (3) and (4) of this sec- tion. The lead agency shall place "N/A" ("not applicable") next to an item when the proposal, including its indirect impacts, will not significantly affect the area (or subarea) of the environment in question. Items marked "N/A" need not be mentioned in the body of'the EIS. Subsections (2) and (3) of this section correspond in subject matter to the questions contained in the environmental checklist used for threshold determination, and the questions in the checklist may be used to interpret this outline listing. (2) ELEMENTS OF THE PHYSICAL ENVIRONMENT. (a) Earth. (i) Geofo-gy. (ii) Soils. (iii) Topography. (iv) Unique physical featurPS. (v) Erosion. (vi) Accretion/avulsion. (b) Air. (i) Air quality. (ii) Odor. (iii) Climate. (c) Water. (i) Surface water movement. (ii) Runoff/absorption. -44- ~ (iii) Floods. (iv) Surface watei quantity. (v) Surface water quality. (vi) Ground water movement. (vii) Ground water quantity. (viii) Ground water quality. (ix) Public water supplies. (d) Flora. (i) Numers or diversity of species. (ii) Unique species. (iii) Barriers and/or corridors. (iv) Agricultural crops. (e) Fauna. (i) Numgers or diversity of species. (ii) Unique species. (iii) Barriers and/or corridors. (iv) Fish or wildlife habitat. (f) Noise. (g) Light and glare. (h) Land use. (i) Natural resources. (i) Rate of use. (ii) Nonrenewable resources. (j) Risk of explosion or hazardous emissions. (3) ELEMENTS OF THE HUMAN ENVIRONMENT. (a) Population. (b) Housing. (c) Transportation/circulation. (i) Vehicular transportation generated. (ii) Parking facilities. (iii) Transportation systems. (iv) Movement/circulation of people or goods. (v) Waterborne, rail and air traffic. (vi) Traffic hazards. (d) Public services. (i) Fire. (ii) Police. (iii) Schools. (iv) Parks or other recreational facilities. (v) Maintenance. (vi) Other governmental services. (e) Ener&Z. (i) Amount required. (ii) Source/availability. -45 - (f) Utilities. • (i) Energy. (ii) CoIIUnunications. (iii) Water. (iv) Sewer. (v) Storm water. (vi) Solid waste. (g) Human health (including mental health). (h) Aesthetics. - (i) Recreation. (j) Archeological/historical. (4) The following additional element shall be covered in all EISs, either by being discussed or marked "N/A," but shall not be considered part of the environment for other purposes: (a) Additional population characteristics. (i) Distribution by age, sex and ethnic characteristics of the residents in the geographical area affected by the en- vironmental impacts of the proposal. WAC 197-10-446 DRAFT EIS--OPTIONAL ADDITIONAL ELEMENTS-- LIMITATION. Agencies in their guidelines may add to the list in WAC 197-10-444 additional elements covering social, cultur- al and/or economic issues. Such additional elements shall be- come part of the environment for EIS purposes, and not other- wise. The guidelines of the lead agency shall control the content of the EIS, even though other agencies with jurisdic- tion are involved in the proposal. No agency shall prescribe additional material for an EIS beyond that which is required or optionally allowed by WAC 197-10-440 and -444, or which is added to the elements of the environment by the guidelines of the lead agency pursuant to the authority in this section [see WAC 197-10-440(14)]. PUBLIC AWARENESS, HEARINGS AND CIRCUI.ATION OF DR.AFT EIS WAC 197-10-450 PUBLIC AWARENESS OF AVAILABILITY OF DRAFT EIS. (i) Upon publication of the draft EIS, the responsible official shall list the proposal in the lead agency's "EIS Available Register" maintained at the agency's SEPA public in- formation center. (2) The lead agency is encouraged, but not required, to use any reasonable method calculated to inform the public of the availability of the draft EIS and of the procedures for requesting a public hearing. Examples of such methods are publication of notice in a newspaper of general circulation in the county, city or general geographic area where the proposal is located; notifying private groups that are known to be in- terested in a certain proposal; contacting news media personnel and encouraging news coverage; and, placing notices in appro- priate regional, neighborhood or ethnic periodicals. -46- ' WAC 197-10-455 CIRCULATION OF THE DR.AFT EIS--REVIEW PERIOD. (1) A consulted agency shall have a maximum of thirty- five days from the date of listing of the proposal in the "EIS Available Register" in which to review the draft and forward its comments and information with respect thereto to the lead agency. If a consulted agency with jurisdiction requires addi- tional time to develop and complete new data on the proposal, a fifteen day extension may be granted by the lead agency. Ex- tensions may not be granted for any other purpose. (2) There shall be allowed a period of thirty-five days from the date of the listing of the proposal in the "EIS Avail- able Register" for the public to forward to the lead agency any comments upon or substantive information related to the propos- al and the dr.aft EIS. WAC 197-10-460 SPECIFIC AGENCIES TO WHICH DRAFT EIS SHALL BE SENfi. (f) A copy of each draft EIS shall be mailed no later than the day that it is listed in the "EIS Available Register" to the following: (a) The department of ecology. (b) Each federal agency having jurisdiction by law over a proposed action. (c) Each agency having jurisdiction by law over, or en- vironmental expertise pertaining to a proposed action, as de- fined by WAC 197-10-040 and -465 (required by RCW 43.21C.030- (2) (d) ) • (d) Each city/county in which adverse environmental effects identified in the draft EIS may occur if the proposed action is implemented. (This subsection does not apply to draft EISs for non-project actions.) I (e) Each local agency or political subdivision which will be required to furnish additional public services as a result of.implementation of the proposed action. (f) The applicable regional planning commission, regional , clearinghouse, statewide clearinghouse, or area-wide council of government which has been designated to review and coordinate local governmental planning under the A-95 review process and other federal regulations and programs [See RCW 36.64.0801, RCW 35.63.070 and RCW 36.70.070]. (g) The lead agency's SEPA public information center. (h) [Optional] Any person, organization or governmental agency that has expressed an interest in the proposal, is known by the lead agency to have an interest in the type of proposal being considered, or receives governmental documents (e.g., local and regional libraries) may be sent a copy of the draft EIS. (2) An agency that receives a copy of the draft EIS does not become a"consulted agency" under these guidelines due to that factor alone. [See WAC 197-10-0401 -4650 -510 and -520 for those provisions that define a consulted agency.) WAC 197-10-465 AGENCIES POSSESSING ENVIRONMENTAL EXPER- TISE. The following agencies shall be regarded as possessing special expertise relating to those categories of the environ- ment under which they are listed: (1) Air quality. (a) Department of ecology. (b) Department of natural resources (only for burning in forest areas). (c) Department of social and health services. (d) Regional air pollution control authority or agency. -47- ~ , . (2) Water resources and water quality. (a) Department of game. (b) Department of ecology. (c) Department of natural resources (state-owned tide- lands, harbor areas or beds of navigable waters). (d) Department of social and health services (public water supplies, sewer systems, shellfish habitats). (e) Department of fisheries. (f) Oceanographic commission (marine waters). (3) Fish and wildlife, (a) Department of game. (b) Department of fisheries. (c) Oceanographic commission (marine waters). (4) Solid waste. (a) Department of ecology. (b) Department of fisheries (dredge spoils). (c) Department of social and health services. (5) Noise. (a) Department of ecology. (b) Department of social and health services. (6) Hazardous substances (including radiation). (a) Department of ecology. (b) Department of social and health services. (c) Department of agriculture (foods or pesticides). (d) Department of fisheries (introduction into waters). (e) Oceanographic commission (introduction into marine waters). (7) Natural resources development. (a) Department of commerce and economic development. (b) Department of ecology. (c) Department of ttatural resources. (d) Department of fisheries. (e) Department of game. (f) Oceanographic commission (related to marine waters). (8) Energy production, transmission and consumption. (a) Department of commerce and economic development (office of nuclear energy development--nuclear). (b) Department of ecology. (c) Department of natural resources (geothermal, coal, uranium). (d) State energy off ice (e) Thermal power plant site evaluation council (thermal power plants). (f) Utilities and transportation commission. (9) Land use and management. (a) Department of commerce and economic development. (b) Department of ecology. (c) Department of fisheries (affecting surface or marine waters). (d) Department of natural resources (tidelands or state- owned or -managed lands). (e) Office of community development. -48- . (10) Transportation. (a) Department of highways. (b) Utilities and transportation commission. (c) Oceanographic commission (water borne). (11) Recreation. (a) Department of comr.zerce and economic development. (b) Department of game. (c) Department of fisheries. (d) Parks and recreation commission. (e) Department of natural resources. (12) ArchaeologicalJhistorical. (a) Parks and recreation commission. (b) Washington state university at Pullman (Washington archaelogical research council). WAC 197-10-470 COST TO THE PUBLIC FOR REPRODUCTION OF ENVIRONMENTAL DOCI7MENTS. The lead agency shall make available a copy of any environmental document, in the manner provided by Chapter 42.17, RCW, charging only those costs allowed therein and mailing costs: PROVIDED, That no charge shall be levied for circulation of documents to other agencies which is re- quired by these guidelines. WAC 197-10-480 PUBLIC HEARING ON A PROPOSAL--WHEN REQUIRED. (1) It a public hearing on the proposal is held pursuant to some other requirement of law, such hearing sha11 be open to consideration of the environmental impact of the propos al, together with any available environmental document. (2) In a11 other cases a public hearing on the environ- mental impact of a proposal shall be held whenever one or more of the following situations occur: (a) The lead agency determines, in its sole discretion, that a public hearing would assist the lead agency in meeting its responsibility to implement the purposes and goals of SEPA and these guidelines; or, (b) When fifty or more persons residing within the juris- diction of the lead agency, or who would be adversely affected by the environmental impact of the proposal, make written re- quest to the lead agency within thirty-five days of the listing of the proposal in the "EIS Available Register"; or, (c) When two or more agencies with jurisdiction over a proposal make written request to the lead agency within thirty-five days of the listing of the proposal in the "EIS Available Register." (3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no later than fifty-one days from the listing of the proposal in the "EIS Available Register" and no earlier than fifteen days from such date of listing. WAC 197-10-485 NOTICE OF PUBLIC HEARING ON ENVIRONMENTAL IMPACT OF M PROpOSAL. (1) Notice of all public hearings to be held pursuant to WAC 197-10-480(2) shall be published in a newspaper of general circulation in the area where the pro- ject will be implemented. For non-project actions the notice shall be published in the general area where the lead agency has its principal office. The notice shall be published no later than five days preceding the hearing. For non-project -49- proposals having regional or statewide applicability, copies • of the notice shall be transmitted to the Olympia bureaus of the associated press and united press international. (2) A notation of the hearing date and locatioti shall be entered in the "EIS Available Register" maintained at the lead agency's SEPA public information center. WAC 197-10-490 PUBLIC HEARING ON THE PROPOSAL--USE OF ENVIRONMENTAL DOCUMENTS. Whenever a public hearing is held on the environmental impact of a proposal, it shall be open to discussion of all environmental documents and any written com- ments which have been received by the lead agency prior to the hearing. A copy of the draft EIS shall be made available for public inspection at the public hearing. WAC 197-10-495 PREPARATION OF AMENDED OR NEW DRAFT EIS. (1) A lead agency shall prepare an amended or new draft EIS whenever it determines: (a) That substantial changes have been made in the pro- posal, or significant new information concerning anticipated environmental impacts has become available subsequent to cir- culation of the initial draft EIS, and (b) That circulation of a new draft EIS is necessary to provide further input and review on the proposal. (2) In such event, the lead agency shall follow the provisions of WAC 197-10-450 through -490 for the amended or new draft EIS. RESPONSIBILITIES OF CONSULTED AGENCIES WAC 197-10-500 RESPONSIBILITIES OF CONSULTED AGENCIES-- LOCAL AGENCIES. Each local agency, when responding to a con- sultation request prior to a threshold determination, partici- pating in pre-draft consultation, or reviewing a draft EIS, shall provide to the lead agency that substantive data, infor- mation, test results and other material which it possesses relevant to its area of jurisdiction, to the services it will provide, or to the impacts upon it associated with the proposal. Field investigations are not required of local consulted agen- cies. Local agencies are not required to transmit information which has been previously transmitted to the lead agency, or which is already reflected in the draft EIS. WAC 197-10-510 RESPONSIBILITIES OF CONSULTED AGENCIES-- STATE AGENCIES WITH JURISDICTION. Each state agency with jurisdiction, when responding to a consultation request prior to a threshold determination, participating in pre-draft consul- tation, or reviewing a draft EIS, shall immediately begin the research and, if necessary, field investigations which it would normally conduct in conjunction with whatever license it requires for a proposal; or, in the event no license is involved the agency with jurisdiction shall investigate the impacts of the activity it will undertake which gives it jurisdiction over a portion of the proposal. The end result of these investiga- tions should be that each agency with jurisdiction will be able to transmit to the lead agency substantive information on those -50- e ♦ environmental impacts of the proposal which are within the scope of the license or activity of the agency with jurisdic- tion. An agency with jurisdiction, in its response to the lead agency, should also indicate which of the impacts it has dis- covered may be mitigated or avoided and how this might be accom- plished, and describe those areas of environmental risks which remain after it has conducted the investigations that may have been required. UTAC 197-10-520 RESPONSIBILITIES OF CONSULTED AGENCIES-- STATE AGENCIES WITH ENVIRONMENTAL EXPERTISE. (1) Each state agency participating in pre-draft consultation, or reviewing a draft EIS, lacking jurisdiction, but possessing environ- mental expertise pertaining to the impacts associated with a proposal [see WAC 197-10-465], when requested by the lead agency, shall provide to the lead agency that substantive data, information, test results or other material relevant to the proposal which the consulted agency then possesses relating to its area of special expertise. (2) The consulted agency may at its option investigate, develop and transmit whatever additional information is neces- sary for the lead agency to meet its responsibilities under WAC 197-10-440 or -442. WAC 197-10-530 RESPONSIBILITIES OF CONSULTED AGENCIES-- WHEN PRE-DRAFT CONSULTATION HAS OCCURRED. When a consulted agency has engaged in the pre-draft consultation procedures set forth in WAC 197-10-410, the scope and depth of its re- quired review and comment upon the draft EIS is limited to those appropriate and relevant matters which were not con- tained in its previous response (such as when significant new information becomes available which was not available to the consulted agency during the pre-d.raft consultation stage). WAC 197-10-535 COST OF PERFORMANCE OF CONSULTED AGENCY RESPONSIBILITIES. A consulted agency shall not charge the lead agency for any costs incurred in complying with WAC 197-10-500 through -540, including, but not limited to, such functions as providing relevant data to the lead agency and the reproduction of various documents that are transmitted to the lead agency. This section shall not prohibit a consulted agency from charging those costs allowed by Chapter 42.17, RCW, for the reproduction of any environmental document when the request for a copy of the document is from an agency other than the lead agency, or from an individual or private organization. WAC 197-10-540 LIMITATIONS ON RESPONSES TO CONSULTATION. In those instances where part or all of the relevant data possessed by any consulted agency is either voluminous in na- ture, extremely bulky or otherwise incapable of ready trans- mittal to the lead agency, or consists of a report or docu- ment published by another agency, or represents a standard text or other work obtainable at a public library, such data or information may be clearly identified or cited by the con- sulted agency in its comments to the lead agency and the data itself need not be transmitted. When the consulted agency identifies relevant data, files or other material pursuant to this section, it shall describe briefly the nature of such information and clearly indicate its relevance to the environ- -51- , . mental analysis of the proposed action in question. If the details of the proposal supplied with the consultation request are not sufficient to allow a complete response, the consulted agency shall be required to transmit only that information it is capable of developing from the material sent to iL with the consultation request. WAC 197-10-545 EFFECT OF NO WRITTEN COMMENT. If a con- sulted agency does not respond with written comments within thirty-five days of the date of listing of the draft EIS in the "EIS Available Register," or fails to respond within the fif- teen-day extension period which may have been granted by the lead agency, the lead agency may assume that the consulted agency has no information relating to the potential impact of the proposal upon the subject area of the consulted agency's jurisdiction or special expertise. Any consulted agency which fails to submit substantive information to the lead agency in response to a draft EIS is thereafter barred from alleging any defects in the lead agency's compliance with WAC 197-10-400 through -495, or with the contents of the final EIS. PREPARATION, CONTENTS AND CIRCULATION OF FINAL EIS WAC 197-10-550 PREPARATION OF THE FINAL EIS--TIME PERIOD ALLOWED. The lead agency shall prepare a final EIS within seventy-f ive days of the listing of the proposal in the "EIS Available Register." The lead agency may extend the time period whenever the proposal is unusually large in scope, or the environmental impact associated with the proposal is unusually complex. WAC 197-10-570 PREPARATION OF THE FINAL EIS--CONTENTS-- WHEN NO CRITICAL COMMENTS RECEIVED ON THE DRAFT EIS. (1) If the lead agency does not receivt any comments critical of the scope or content of the draft EIS, the lead agency may prepare a statement to the effect that no critical comments were received and circulate that statement in the manner prescribed in WAC 197 -10-600. (2) The statement prepared and circulated pursuant to subsection (1) above, together with the draft EIS (which is not recirculated with the statement), shall constitute the "final EIS" for the proposal: PROVIDED, That when the draft EIS was not circulated to the off ice of the governor or the ecological commission, then the draft EIS shall be attached only to the statement sent to these agencies. WAC 197-10-580 PREPARATION QF THE FINAL EIS--CONTENTS-- WHEN CRITICAL COMMENTS RECFIVED ON THE DRAFT EIS. (1) When the lead agency receives any comments critical of the scope or content of the draft EIS, whether made in writing or made orally at any public hearing on the environmental impact of the proposal, it shall comply with either subsection (2) or (3) below. (2) The lead agency may determine that no changes are required in either the draft EIS or the proposal, despite the critical comments that were received during the commenting -52- . period. The lead agency must prepare a document containing a general response to the comments that were received, the text or summary of written comments, and a summary of the oral comments made by the public at any hearing held on the proposal or its environmental impacts. The lead agency shall then circulate the document in the manner prescribed in WAC 197 -10-600: PROVIDED, That when the draft EIS was not circulated to the office of the governor or the ecological commission, then the draft EIS shall be attached only to the statement sent to these agencies. (3) The lead agency may determine that it is necessary and appropriate to rewrite the contents of the draft EIS in order to respond to critical conunents received during the commenting period. In such instances, the lead agency shall circulate the re-written EIS in the manner specified in WAC 197-10-600. The lead agency shall ensure that the re- written EIS evidences an affirmative response by the lead agency to the critical comments, or alternativel_y, contains a summary of those critical comments with which it does not agree. (4) A document prepared and circulated pursuant to subsection (2) or (3) above shall constitute the ''final EIS" for the proposal. WAC 197-10-600 CIRCULATION OF THE FINAL EIS. The final EIS sia-Mbe circul[ated to the department of ecology, office of the governor or the governor's designee, the ecological commission, the lead agency's SEPA public information center, agencies with jurisdiction, and federal agencies with jurisdic- tion which received the draft EIS. It shall be made available to the public in the same manner and cost as the draft EIS. USE OF OTHER EISs WAC 197-10-650 EFFECT OF AN ADEQUATE FINAL EIS PRE- PAREDPURST TO NEPA. (1) The requirements of this chapter relating to the preparation of an EIS shall not apply when an adequate final EIS has been prepared pur- suant to the national environmental policy act of 1969 (NEPA), in which event such EIS may be utilized in lieu of a final EIS separately prepared under SEPA. (2) The final EIS of a federal agency shall be adequate unless: (a) A court rules that it is inadequate; or, (b) The administrator of the United States Environmental Protection Agency issues a written comment pursuant to the Federal Clean Air Act, 42 USC § 1857, which determines it to be inadequate; or, (c) The environmental elements of WAC 197-10-444, when applied locally, are not adequately treated in it. (3) If, after review thereof, the lead agency determines that the federal EIS is adequate, it shall be listed in the "EIS Available Register" in the SEPA public information center. (4) A public hearing on the sole issue of the adequacy of the content of a federal EIS shall be held if, within thirty- five days of its listing in the register, at least fifty persons who reside within the jurisdiction of the lead agency, or are -53- ~ ~ . adversely affected by the environmental impact of the proposal, make written request therefor. The lead agency shall reconsid- er its determination of adequacy in view of comnents received at any such public hearing. WAC 197-10-652 SUPPLEMENTATION BY A LEAD AGENCY OF AN INA.DEQ PA EIS. When a final EIS prepared pur- suant to NEPA is inadequate under the criteria set forth in WAC 197-10-650(2), then the lead agency shall either: (1) Prepare a draft EIS independent of the final NEPA EIS or (2) Modify or supplement the final NEPA EIS as necessary to prepare an adequate draft EIS. WAC 197-10-660 USE OF PREVIOUSLY PREPARED EIS FOR A DIF- FERENT PROPOSED ACTION. (1) An agency may adopt and utilize a previously prepared EIS, or portion thereof, to satisfy cer- tain of the EIS requirements applicable to a different proposed action, as set forth in (2) and (3) below. In such event, two requirements shall be met: (a) The previous EIS or portion thereof, together with any supplement to it, shall meet the requirements of these guidelines applicable to an EIS for the new proposed action, and (b) A previous EIS shall not be used without an explana- tory supplement where any intervening change in conditions would make the previous EIS misleading when applied to the new pro- posed action. (2) When the new proposed action will have an impact on the environment that was not adequately analyzed in the pre- viously prepared EIS, the lead agency shall prepare a draft supplemental EIS and comply with the provisions of WAC 197-10 -400 through -695. The contents of the draft and final sup- plemental EIS shall be limited to those impacts of the proposed action which were not adequately analyzed in the earlier EIS. (3) When the new proposed action will not have an impact on the environment that is substantially different than the impacts of the earlier proposed action, the lead agency may prepare a written statement setting forth its determination under this subsection and list the proposal in the "EIS Avail- able Register." The lead agency shall not be required to pre- pare a new or supplemental draft or final EIS on the new pro- posed action when this subsection is determined to apply. The provisions of WAC 197-10-480 through -490, relating to a public hearing on the environmental impact of a proposal shall apply, however, to proposed actions determined to be under the provisions of this subsection. WAC 197-10-690 USE OF LEAD.AGENCY'S EIS BY OTHER ACTING AGENCIES FOR THE SAME PROP4SAL. (1) When an agency is con- sidering an action which is identified as part of a proposal covered by a final EIS of a lead agency, and the agency now considering the action was consulted as an agency with juris- diction during the consultation process on the previous EIS be- cause of the action it is now considering, such agency must utilize the previous EIS unchanged when it is considering its present action except under the conditions of subsection (2) hereof. (2) An agency with jurisdiction shall review and consider supplementing an EIS prepared by the lead agency only if: -54- ~ r (a) The proposal has been significantly modified since the lead agency prepared the EIS; or, (b) The action now being considered was identified in the lead agency's EIS as one which would require further en- vironmenta,l evaluation; or, (c) The level of design or planning for the proposal has become more detailed, revealing inadequately analyzed impacts; or, (d) Technical data has become available which indicates the presence of a significant adverse environmental impact. In such cases, the acting agency shall prepare a supple- ment to the lead agency's EIS if, and only if, it determines that significant adverse environmental impacts have been in- adequately analyzed in the lead agency's EIS. (3) If an agency is not listed as a licensing agency in the draft EIS pursuant to WAC 197-10-440(2)(d) and did not receive a copy of the draft EIS, such agency shall not be limited by the contents of the earlier EIS in preparing its statement. WAC 197-10-695 DRAFT AND FINAL SUPPLEMENTS TO A REVISED EIS. (1) In any case where the lead agency is preparing a supplement to an earlier EIS or to an EIS prepared pursuant to NEPA, it shall prepare a draft supplemental EIS and comply with WAC 197-10-450. Copies of both the prior and supplemental EIS shall be maintained at the SEPA public information center, and copies of the prior EIS, as well as the supplement, shall be transmitted to the consulted agencies which had not previously received it. (2) Upon preparation of the draft supplemental EIS, the lead agency shall comply with WAC 197-10-550 through -58 0 and the final supplemental EIS, together with the earlier EIS, shall be regarded as a final EIS for all purposes of these guidelines. i EFFECT OF EIS PROCEDURES ON AGENCY ACTIVITIES WAC 197-10-700 NO ACTION FOR SEVEN DAYS AFTER PUBLICATION OF THE F I 1AL EIS. No agency shall take any maj or action (as defined in WAC 197-10-040(24)) on a proposal for which an EIS has been required, prior to seven days from the publication of the final EIS and its listing in the "EIS Available Register" maintained at the agency's SEPA public information center. WAC 197-10-710 EIS COMBINED WITH EXISTING PLANNING AND REVIEW_'TRUC7= . The EIS process shall be combined with the existing planning, review and project approval processes being used by each agency with jurisdiction by law over a pro- posal. When required to be prepared, the EIS, the declaration of non-significance, or the previously circulated EIS being utilized pursuant to WAC 197-10-660, shall accompany a pro- posal through the existing review processes. I -55- . , s REQUIREMEIVTS FOR AGENC'Y GUIDELINES ' WAC 197-10-800 RESPQNSIBILITIES OF AGENCIES TO ADOPT GUIDELINES. (1) Each state an.d local ageney is required by RCW 43.21C.120 to adopt zts own ruZes, ardinances or resolu- tions gaverning the implementatian of SEPA, consistent with the pravisivns of this chapter. (These state and local rules are termed "agency guidelines" in these guidelines.) State agencies shaTl adoFt their guidelines within one hundred twenty days of the effective date of this chapter, and I.ocal agencies sha11 adopt their guidelines within one hundred eighty days of the effective date of this chapter. , (2) Adoption of guidelines by state agencies shall be by rule making under Chapter 34.04, RCW, and adopti.on sha1l be deemed to have taken place at the time the transmittal of rules adapted is filed with the code reviser. Universities, calleges and community calleges shall utiTize the procedures of Chapter 28B.19, RCW, for advption of guidelines. (3) Loca1 agenCies sh.all adopt their guidelines by ruZe, ordinance ar resol,ution, whichever is appropriate, to ensure that the guidelines have the full force and effect af law. (4) Any ageney which determines that all actions which it is authorized ta undertake are exempt by virtue vf WAC 197-10-440(2)9 -150 through -190 may adopt a statement to the effect that it has reviewed its authorized aetivities and found them all tQ be exempt under the prowisions of this chapter. Adoption of sueh a statement shall be deemed to be cornpl,iance with the require- ment that such ageney adopt guidelines consistent with this chapter. (5) The adQption af agency guidelines shall not be an "activn" under these guidelines. 14AC I97-I0-805 AGENCY GUIDELIPdES CONSISTEhIT WITH THIS CHAPTER. (1) Agency guidelines shall implement the provisions of this ehapter and be consistent therewith. Unless clearly designated as optional, aI.I af the prnvisions vf this chapter are mandatvey and agency guidelines shal1 incorporate the cri- teria and praeedures therein. Upless designated atherwise in subsectiQn (3) hereof, the prvvisions of this chapter are not exclusive, an.d agencies may add additiona2 procedures, and in some eases criteria to those set farth in this chapter. Such additional material may nat be inconsistent with, contradict, ar malce complianee with any provision of this chapter a practi- cal impossibility; any additional provisions shall also be con- sistent with SEP"A. (2) Wherever aprovision of this chapter is designated as optivnal, unless the context clearly indicates otherwise, the decisivn vn whether an optional provision applies lies with the 1ead agency. The lead agency's guidelines must either require or authorize use of any aptional provision befare the lead ageney requires compliance with any such optional provision.. (3) The following gravisiQns of this chapter are exlus- ive and may nat be added to or modified in agency guideZines: (a) The definitions of "actian," "agencies with juris- dictian," "environment," "lands covered by water,°" "license," "licensing," "maior action" and "physical environment" con- tained in WAC 197-10-040; (b) The infarmation required of a private applicant by WAC 197-10-100, -310, -330, -365 and -420, (c) The categorical exemptions vf WAC 197-10-170 and -175, where the agency has legal autharity c,ver the category of action specified vr it is one of the specific agencies -56- • . , listed in -175 (exemptions may be modified only by using the procedures of WAC 197-10-150, although application of certain exernptions may be varied by designating environmentally sensi- tive areas pursuant to WAC 197-10-177). The emergency exemption of WAC 197-10-180 may be further specified by agency guide- lines; (d) The criteria for lead agency determination within WAC 197-10-205 through -230 (a different lead agency may result from utilization of the procedures in WAC 197-10-235, -240, -245 and -345). (e) The questions on the environmental checklist, WAC 197 -10-365, which also constitute the exclusive environment to be considered in making the threshold determination; (f) The subject matters contained within an EIS as pro- vided by WAC 197-10-440, -442 and -444, except as optional additions are allowed by those sections or WAC 197-10-446; and, (g) The list of agencies possessing environmental exper- tise contained in WAC 197-10-465. WAC 197-10-810 RESPONSIBILITY OF AGENCIES--AMENDMENTS TO THIS CTAi P'~R. In the event that CEP or its successor agency adopts amendments to this chapter, state and local agencies shall adopt amendments of their own guidelines within one hun- dred twenty days and one hundred eighty days, respectively, to bring their guidelines into conformance with this chapter as amended. WAC 197-10-820 RESPONSIBILITY OF AGENCIES--DESIGNATION OF RESPONSIBLE OFFICIAL. Guidelines adopted by all agencies shall designate or provide a method of designating the responsible official with speed and certainty. This designation may vary depending upon the nature of the proposal. The responsible official shall carry out the duties and functions of the agency when it is acting as the lead agency under these guidelines. Since it is possible under these guidelines for an agency to be acting as a lead agency prior to actually receiving an ap- plication for a license to undertake a private project, desig- nation of the first department within the agency to receive an application as the responsible official will not be sufficient. WAC 197-10-825 RESPONSIBILITY OF AGENCIES--PROCEDURES WHEN CONSULTED CY. Each agency shall develop internal pro- cedures for providing responses to consultation requests from other agencies pertaining to threshold investigations, pre- draft consultation, or draft EISs. Such procedures shall ensure that the agency will be able to comply with the requirements of WAC 197-10-500 through -540. It is recommended that these pro- cedures be integrated within existing procedures of investigat- ing license applications when the consulted agency is also an acting agency. WAC 197-10-830 RESPONSIBILITY OF AGENCIES--SEPA PUBLIC INFO R. (1) Each agency shall establish and desig- nate one location for its SEPA public information center, lo- cated in any existing office of the agency, or within any read- ily accessible public building within the region. Efforts must be rnade to make its existence and location known to the public and employees of the agency. -57- _ , (2) The following documents shall be maintained at each . agency's SEPA public information center: (a) Copies of all declarations of non-significance filed by the agency, for a period of one year. (b) Copies of all EISs prepared by the agency, for a period of three years. Draft EISs which have been superseded by a final EIS need not be maintained at the center. (3) In addition, the agency shall maintain the following registers at its information center, each register including for each proposal its location, a brief (one sentence or phrase) i description of the nature of the proposal, the date f irst listed on the register, and a contact person or office from which fur- ther information may be obtained: (a) A"Proposed Declaration of Non-Significance Register" which shall contain a listing of all current proposed declara- tions of non-significance. (b) An "EIS in Preparation Register" which shall contain a listing of all proposals for which the agency is currently preparing an EIS, and the date by which the EIS is expected to be available. (c) An "EIS Available Register" which shall contain a listing of all draft and final EISs prepared by the agency during the previous six months, including thereon the date by which comments must be received on draft EISs, and the date for any public hearing scheduled for the proposal. (4) Each of the registers required by subsection (3) hereof shall be kept current and maintained at the information center for public inspection. In addition, the registers, or updates thereof containing new entries added since the last mailing, shall be mailed once every two weeks to those organiza- tions and individuals who make written request therefor, unless no new proposals are placed on the register, in which event a copy of the register or update shall be mailed when a new pro- posal is added. Agencies may charge a periodic fee for the service of mailing the registers or updates, which shall be reasonably related to the costs of reproduction and mailing. (5) The documents required to be maintained at the information center shall be available for public inspection, and copies thereof shall be provided upon written request. Agencies may charge for copies in the manner provided by Chapter 42.17, RCW, and for the cost of mailing. WAC 197-10-835 REGIONAL SEPA PUBLIC INFORMATION CENTERS. (1) Local agencies are encouraged to establish regional SEPA public information centers on a county-by-county basis. A regional SEPA public information center may be estab- lished by agreement for and among several local agencies. Approval by CEP is required to establish a regional SEPA public information center. (2) Any local agency may petition CEP to be designated as the regional SEPA public information center for any county. CEP shall rule upon any such petition considering the willing- ness and ability of the petitioning agency to undertake the functions of a SEPA public information center [see WAC 197-10 -830] on a regional basis, and any other factors CEP deems appropriate. If a petition is granted, the petitioning agency shall be designated the regional SEPA public information center for the county in question. CEP shall immediately notify all local agencies within the county of the designation of a re- gional center. CEP shall also maintain a list of the regional centers which have been established, which list will be avail- able upon request. No more than one regional information center will be established per county. -58- • (3) For any proposal which will affect a county in which a regional SEPA public information center has been designated, the lead agency shall transmit to the regional center all docu- ments required to be maintained at such a SEPA public informa- tion center, together with information needed to update the registers maintained at such center. (4) Any local agency whose juri5diction lies entirely within a county or counties in which a regional SEPA public information center is established is not required to maintain its own SEPA public information center but may if it so desires. (S) State agencies proposing non-project actions of regional or statewide applicability shall transmit to the re- gional SEPA public information centers within counties affected thereby the information needed to update the registers of the " regional centers, together with any notices made under WAC 197 -10-450, but shall not be required to transmit any other envir- onmental document to the regional centers. State agencies con- sidering proposed project or licensing actions shall comply with subsection (3) hereof in the same manner as local agencies. (6) Any regional SEPA public information center estab- lished pursuant to this section shall undertake all of the duties assigned to a SEPA public information center by WAC 197 -10-830 on a county-wide basis. One set of registers shall be established covering all proposals within the county. (7) Agencies are encouraged to share the costs of region- al centers through intergovernmental agreements. (8) For the purposes of this section only, a county in- cludes all other jurisdictions within its boundaries. WAC 197-10-840 APPLICATION OF AGENCY GUIDELINES TO ON- GOING ACTIONS. (1) Agency guidelines shall apply to any proposed action when initiated subsequent to the effective date of the guidelines of the lead agency or the agency pro- posing the action. (2) For proposals made prior to the effective date of the guidelines of the lead agency or the agency proposing the action, agency guidelines shall apply to those elements of SEPA compliance remaining to be undertaken subsequent to the effective date of such guidelines. Agency guidelines adopted pursuant to RCW 43.21C..120 and the requirements of this chapter shall not be applied to inval.idate or require modification of any threshold determination, EIS or other.element of SEPA com- pliance undertaken or completed prior to the effective date of the guidelines of the lead agency or agency proposing the action. WAC 197-10-860 FEES TO COVER THE COSTS OF SEPA COMPLI- ANCE. Except tor the reproduction and mailing costs specifi- cally allowed by this chapter, and the provisions of WAC 197 -10-535, these guidelines neither authorize nor prohibit the imposition of fees to cover the costs of SEPA compliance. -59- y APPLICABILITY OF Tnio CHAPTER . WAC 197-10-900 APPLICABILITY OF THIS CHAPTER. (1) This chapter is inten-a to provide guidelines for the rules, ordin- ances, resolutions and regulations which state and local agencies are required to adopt pursuant to RCW 43.21C.120. (2) In the event any agency fails to adopt rules, ordin- ances, resolutions, or regulations implementing SEPA within the time periods required by RCW 43.21C.120, the guidelines of this chapter shall be applied insofar as practicable to the actions of such agency. WAC 197-10-910 SEVER.ABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. -60- ~ FLOW CHART - SEPA GUIDELINES* Is the proposal Guidelines cio an "Action_"? No~ not apply ~ Xe! Categorically exempt Remaining or minor action? Yess. Guidelines do ' `0 not apply ~ Leaci Agency Determinatioti W Other Agency Input Thresholcl Non- IJegative (Optional) Determination Significant--) Declaration Procedure Significant Other Agency Input Pre-Draft (Optional) ~ Consultation (Optional) Prepare Draf t EIS V , Public Input, > Circulate Public Hearing~ Draf t Other Agenc_y Input"-+ (Required) Ni/ I Prepare Final EIS 1~ Circulate F n~l ti V , Substantive Decision * IMPORTANT NOTE: This flow chart is intended to be used as an aid to an understanding of the ma.jor steps involved in the typi- cal situation arising under SEPA and these guidelines. You should consult the guidelines, however, for details as to each step indicated above and possible variations or exceptions thereto. -65 - ~ . STATE ENVIRONMENTAL POLICY . RCW 43s21Cs~j0 PUFPQSESs ThE purposes of this chapter are: (1) To declaze a statE policy Which Will E*.coureqe productive and enjoyable harmony betwaen man and his environment; (2) to promote efforts which wili prevPnt or eliminate damage to the environmen and biosphere; (3) and stimulate the health and welfare oF inar_; and (u) to enrich thF ur.dErstanding of ±he ecoioqical systAms and nazural rssources import3nt to t he sia -l-e an d r.atior,.[ 1 971 ex. s. c 109 § 1.] RC41 43_21C_020 ~FG~S~~T~VE 2f~COgFITTONS__DE_LP.3nTI0N-- R SPONSIBILITY_ (1) The 1Egislature, :ecogr.izing that ma: depends on his bioloqical and physical surroundings 'Lror food, sr.elter, and other ne6ds, and for cultural 2nrichraent as ve'.l; and recogniz-Lng further the profound impact of man's ac±ivity on the iLterrslations of all componen±s of the natural environment, particularly the profound influ2::ces of populzt'_or, groWlh, hiqh-density urbaciza~ior., industri31 ExpaLSicn, rescurce utilization and exploitation, and r.eW and Exnar.dir.g tacrnological advar.ces and recognizing :urther the c=itical importance of resLOring a^d maintaining envi?-onmenzal quality to ~he overall weliarE and devFlopment oi rnan, daclares that it is the continuing policy of thE state of wash-,'.r.g±or:, in coopera`ion with fEderal and locai governmants, and o±hEr concerned public and private ozqanizations, to use all prac±icablQ means and mEasurzs, includinq finaccial ar-d technical assistance, in amatner calculated to: (a) Foster and promote the general WElfare; (b) to crea±e and maincai*►. conditions under which man and nature can exist in productivE harmony; ar.d (c) fulfill the social, economic, and cther requirements of preser.t and fuzurE qeaerations o_' Wasr.inqton citizens. (2) In erder to carry out the policy s6t forth in tr=s chaptPr, it is the continuing resoo3sibili±p of the s t-ara of Washir_qton and all agencies of the state to use all prac;.icabia mear.s, consistent with other essentizl considerations of state I policy, to improve and coordinate plarzs, functions, programs, and resources to the snd that the state and its citizens may: (a) Fulfil-1 thE raspor.sibilities of each generation as trustee of thE environment for succeedinq generatior,s; (b) Assure for all pFOple of Washingtca safA, healtn:u'., productive, and esthe}ically and culturally pleasinq surroundings; (c) Attain the vidESt racge of beneficial usas cf *_hE environmen± without degradation, risk to healLh or safEty, o= othEr undesirable and ur.inter.ded coasequer.ces; (d) Preserve important ris:oric, cultura:., and r.atural aspeci.s of our na±ional l:Eritage; (e) Mair_tair., vr:erEVEr pessible, an environmer:t ahich supports diversity and variety of individuzl choica; (f) Achieve a balance be~ween populati-on ar_3 rE.-ou=ce use which wili permit higu standards of living and a wi3e sha:ing of life's amenities; and (g) Enhar_cz thE qua"Lity of renevable TesDu_ces a. d approach thE maximum attainable rFcyclinq of deplEtable resourcES. (3) The legislature recognizes that each person r,as a fundGmzntal and iraliEnable right ±o a healthful F: vironment and that each persor_ has a responsibility to cor.tribute to rte preservation and ennancEmer.t of the fnvironmpnt. [1971 ex. s. c 109 § 2.] RCN 43sj1C_23G GUIDFLTNES _OR S_ATF aG,g?VCj_Si LOCA-. GOVERNMj,NTS _STATEMEN1S_=REPQR_a__ADV CE__IIJFORMA`_ON_ The leg- ~slaturc- aut~or; zes and directs that, Lo the fullest ex tAat possiblP: (i) ThQ policiFS, rEgulations, and iaWS oi the state -1 el , of Washington shall be interprated and administered in accordance With the policies set forth in this chapter, and (2) • all branches of government of this state, includir_g state agencies, municipal and public corporations, and count?es shall: (a) Otilize a systematic, interdisciplinary approach Which will insure the integrated use of the natuTal and social sciences and the environmental design arts in pianning and in decision makinq Which may have an impact on man's environmen«; (b) Identify and develop methods and procedu=es, in consul±ation with thE departmEnt of ecology and the ecclogical commission, which Mill insure ±hat przsently unquar.tified environmental amenities and values xill be given appropriatE cor,sideration in decision makir.g along vith economic and technical cor.siderai.ions; (c) Include in every recommEndation or reDort or. proposals for legisla±ioc and othcr major actions sigr.ificar.t-ly affecting the quality of the environment, a detailed statemen± by the rasponsible official on: (i) the ecvironmEntal impact of the proposed actioa; (ii) any adverse environmeutal effects vhich car.r_ot be avoided should the proposal be implemen±ed; (iii) alternajives ±o the proposEd actioa; (iv) tne relatior.ship betxEer~ local snort-term uses of mar.'s environmer.t and thE maintenance and enhancemer.t cf long- term productivity; and (v) any irreversible and irretrievable commitmer:cs of resources xhich wou:3 be invclved in the proFosEd action should it be implementad; (d) PTior to m3kir.g acy dEtailed statement, the respor.sible official shall consult vi±h and obtain the comments of any public agEncy which has jurisdiction by laW o= special expert=se vi tr respect to ar_y environmental impact invoived. CopiES of such stateme^.t and thc comments and views of the appropriate federal, province, staze, and local agencies, wh? ch are authlorized to develop and enforce er.vironmeetal standards, shall be made available ±o thE qovPrnor, the department of ecoiogy, tne ecologicai commission, and the pubiic, aad shall zccomoany the proposal- through tr:e existing agency revizW procESSes; (e) Study, devElop, and describe appropriatE alte-rr.a- tives to recommended courses of action ic auy proposal waich involves unresolved cer.fl_c±s concerr_ing alternative usES of availabl` resourcas; (f) RecognizE the World-Wide and long-rangF craracter of Environmer.tal problEms and, vhere coLSisteLt with state policy, lend appropriate support lro ir.itiat:ves, resclutions, and programs desiqned to maximize irsterr.ational cooperation in an±icipating and preventi-r,g a declinz in lChe quality of mankind's vorld environmtnt; (g) Make available to thE fe3era1 goverament, other states, provi-nces of Canada, munic=palities, iasti~utior.s, and ir_dividu3ls, advice and ir,formation usefsl ia rFStc-ring, mair.ta_ning, and Enhar.cir.g `he quality of the envireament; (h) Ini tiata and utilize ecological inlorrna~:c:. in the plaaning and devElopmEnt of r.atural resource-oriented projECts. [1971 ex. s. c109 § 3.] R_W 43s31C~Q35 CJR:A111 IRRIG ATION PROJFCTS D_CISIOVS EX~qPT ?ROM RCW 43_21 C_G3C12LI Cl_ Decisior.s pzr".3=nir.g -c applications ior approp-riztion of fif-ty cubic feel- of water per secor.d or less for 4-rriga tior projects promulgatEd by arly perscr., private firm, private corporation or private assoc:~a±ion Without resort to subsidy by either s:.azA or federal government pursuant to 8CW 90.43.250 through 90.03.340, as now or hereafter amFnded, te be usEd for agricult'1L'dl -70- V irriqation saall no} be subject to the requiremEnts cf RCW ' LL 3.21C.0 30 (2) (c) , as now or hereaftrar 3mer.ded. ( 1974 '!st ex, s. c 15C § 1.] k!;W 43.2 lC=G1Q ~X&MI_r'J''ION ~F .AiiSt R,EG~JJjTiOfS j. PJLI_ CzFS BY STAiF. AGEN~C~rS I~MD I~,QCAI AU~HQRJT1~5_-~F7PO~T CyF DEJ_CIE;;I~'S P Nil COR~~g`IiE NEA~URES_ All bra:^.ch~s af gOVE?'I?mC':1t of tk:is stz}e, inclu3ir•.g stat,:--- agencies, mnr,icipal ar.a public cvrporatior.s, an+d counti€s sra11 revim.W -hc?-4r DreseAL stat utory auth3rity, administrative regulatiaas, and cur-rent polici-es ard procedures far the purpose af determi. ir.g whe-I.-har there are any deficiencies or incflnslistsncies tnezein vhieh prohibit full complianen with the purpases and prvv4sions of this chapter azd shall propose to the governvr r.vt later than Jazuary 1, 1972, such measures as may be r_PCesszry to bring their zuthvrity and pal; cies in conformity vi lt~ the iDtart, purpases, ar,d proeedurES set forfh in thiE cr.apter. [ 197 1 ex. s. c 109 § 4. ~ PCW 43.21C.,Qz(~ S~?JCYfIC STA,U1QgJ D~LIC~AT~ON~ ~0;~ .AFFECTED. NQ±hir;g ir PCW 43. 21C. 03G or U3.21C, C40 shal' in any yay affect Lhs spQCific statuzory ohliga*ions of any agc-ncy tv comply with criteria or standards oil. envirarmectzl quality, (2) to coordinate Qr car.sult wi*_h ar.y vther gublic agEr:cy, or - (3) to act, or ref: ain from actizg eontingent upon }he recomrnendativns or cc-r-ification of ar.y other public agency. [1971 ex. s, e109 § 5.] RCw 43s21C1 *~06(3 CHPPiEr~ SUPP,EMEN?'ARY. The policirs a3~d gcaals sEt for*h i this cFaptE~ a~e supplementary tc *hQSP set forth ir_ existing autr.oi:? zations af all braLehes af governmPr.t of this state, ircludi-rg wr.ate agencies, municipal and public cvrporations, and CollLLleS. [i971 ax. s. c109 § 6.] RCw 43.27C.070 ESTAT,L,1SHDENT UF CLASSIFICATI0N5 AND ~A?'JG~lR!~`S a7 SJiJ.1G P~'RfiI,S AND ACTS !OF GDYER~v~~N~AL AGE~rc~~s _g ,~1JX PEszvENC~s-_Ex~MPTzor~ ~rRo~ :.2M1L~D STATEME~T~~ RF4UIRE~ENT~ The department af ecolQgy shall, wi=uir forty-€ive 3ays from 3uly 1, 1973, after notice and haariLg, pramulgate rules aod regulatior_s pursuant ta chapter 34,04 RCW tc establish classificatians and cateyoriPs of building permits ar.3 acts of governmental agefici-zs car.ctrning an individual single famil.y residenGe, which cZzssi-f;cataon and cataqcry shall be Exempt from the "detailed statewent" required bY RCW 43.21C.C30. Building ppwmits and acts Bot so class-;f,;ed sr.all nat be pro.sumed ca either require or nat rEquire a"de+.aiied statement". [i973 1 st ex. s. c 179 § 1.] NClTES: E11e2tiVe k1e--1973 lst jx.LsY c179, "This act is necESSary for ±he immEdiate preservation af the public paace, health, and saLety, the suppart of It-he state goveremaat ard its exis#ing publi-c icstitutians aad shall take effect on July 1, 1973: PROVIDED, HOWEVER, That privr the:eto, the dEpartment v; ecalogy may take such actions, including the issuing af natiees and the conduct af pubiic hearing, as 3re r,ecessary co insure the i mplpmentat ior. of sectioc 1 o f this act.'r (1973 1 st ex. s. c 179 §4.] This applies to RCW 43.21C.074-43.21C.090. RCW 4Jj2_11;=2$2 NC}T-CE 01 ACTTON BY GOVERNMENTAL 1GENCY_= H~W ~U'B~~C~ZED~,~gORM~T~ME 1714N FOR COtSMENCING CHALLENGE -71- + TO ACTIQN= (1) Notice of any actian taken bg a gover:rmental • ager.cy may ba publicized by the acti;,g governmeLval agency, the applicant fv_, p o= thE propcnent of such ac±ion, in substant:.aZly the farm as se± fartY: in subsectian (3) c£ t?:is sect ? an and in thc- fOllOw1*! Q roasner : (a) BY publish.ing r:ot ice vn the szme day of Pach wFFk for two cvns~cu.ive weeics in a legal :lEW3pSPei' Uf ger.eral circulation in the araa whez:e the prvperty vhich is the subjFCt of the action is located; {b} By filing notice sf such actio3 with the oEpartcuant af ecology at its main officP ir, Olympia; and (c) Where no detailed statement is filed anc3 Where ths pzaperty khich is the sub ject matter of the actian is ur.dc-r ten acres, such actiou shall be puhlicized bp ser,ding a n0 4icp of such actian through the U:.i4ed Sta*es mail, rizst c? ass, postage prepaid, to all owners of prvperty abut;,ir_g ;hz property which is the subject matt+er of such acticn, as such property owners appear on the property tax rol3s af the caunty treasurer. An affidavit vf mailing of such not' ce may b~ f:,ied with the department of ecology at the same time as the rilir_g vf the nat; ce af the governmentai action. (2) Any actioZ ta set as_de, en jain, reviex, or v±r:erw; se challenge any such gvvernmsntal acti4n for vhich notice is given as prvvided in subsection (1) of this sertian on grvunds Qf roncampliaLce with the provisior,s of this ehapter shall be cvmmenced within sixty days from ;hE date o~ fi1iT,g of the notice v;,th the departmEr.t of ece1CgY, the daze of firal newspaper nublication, or date of mailing, if aaplicable, rrh:.chever is later, ar be barred: PROVID£D, HDiiEVEF, ihat TnE 4ime period Withir wtich an action shall be commEr.cAd shali bE nir.ety days fvr projc-cts to he performed by a gaverr.mer.F31 agency vr to be performed under goveznment eontract, cr (2) ior thermal poxer piar.t projECts; PRC}VIDED FURTHERr T:nac aray subseque-nt ac±ion of thF acting governmen±al agency fcr which the regulatians of the acting governm?rtai agency p,~-rm? t the same detailed statement to be uti lized ar. d as long ay therE is no suhstant:.al change in the project betwPen the t1me of the action ard ary such subsEquent action, shall not be sez aside, enjoined, revieWed, or thereaftEr challeagEU or grounds of noncompliancQ a; th P,CW 43. 21G. 030(2)(c). (3) The form fvr such r_atice of action shall be issuzv by the department of ecc].ogy ard shQil be made available by the gvverr,mental agency taking an ~,ctivn subject te beir.g gUbl1C1ZF3d pUL'StlaTlt to th15 SEC*:.t}Ft i kJy the C:)llIl Ly at1d1LoI' , and/or the city clerx ta the project- app3ican t ar groposer, "'he fvr:n of such r.otice srall be substantialiy as f~llows. N4TICr, OF ACTION HY (Goaernment-Tagency or en#ity) 2u,:suant to the provisions of crap±er 43.21+C RCW, Lvtice is herehy giver zhat: The (Goveznm er.t agency or ;:--,n titY) did o*; (date), taks? actior_ Which may vt may no` be hi-;ld or deemed }o- be "a major action significantly affectir:g the quality of the environmentt+. Any action to set asidp, enjo? n, raview f oi othtrwise challenge such act_on on the grour.ds of noncompliancQ with the provisians of chaptes 43. 2iC RCW (State Environmental Po3.icy Ac±) sh411 be commenced within days ar be harred. The ac*.ion taken by _ (Government ager.cp ar Ent1± ±ice o~ ~ which. ` ~ Y). s hereby givpn, was as foilvMS: (1) -----..l (Here insPrt descrip±ion of actiaL taken such as. Adan±ian Ordinance No. Tssued Buii3ing Permit; Approved prelimir.ary (or final) plaz, etc. ) (2) (Here 1nsErt descrigtior cf the Praject. ) -72- . ~ (3) Said action pertained to property commonly knorn ~ as: (Sufficient description to locate property, but complEte legal description not required) (4) Pertioent docusents may be eYasined during regular business honrs at the office of: located zt; ~ ~~~~~N~~ (Location, including rooo number) (Name of qovarnment aqency, pro ponent, or applicart giving notice) Filed by-------- (signature of individual and capacity in vhich such ir.dividual is signing) [ 1974 1 st ex. s, c 179 § 2; 1973 1 st ex. s. c 179 § 2. ] NOTES: Purposq-=.1974 1.§t ex, s• c 179_ "The purpose of this 1974 amendatory act is to establish methods and means of providing for full implementation of chapter 43.21C RCii (the state enviror.mental policy act of 1971) in a manner xhich reduces duplicative and wasteful practices, establishes effective and nniform proc6dures, encourages public involve- ment, and promotes certainty vith respect to the requirements of the act. " [ 1974 1st ex. s. c 179 § 1. ] This applies to RCR 43.21H.250 and 43.21C.080-43.21C.087, 43.21C.100-43.21C.160, and 43.21C.910. RCW !J3.21CsQU Jid~TJ&JJQNS ON CHaI~LENGES TO ACTIONS 111JE11--4UJICI,~TI0N TO C~~~~EN~E OR APPEaL ON ADOPTIQ~1 OF RQI~ESa The limitations on challenges to action taken by a qovernmental entity under RCV 43.21C.C80 shall not constitute the time limits for a challenqe or appEal on the adoption of rules by state aqencies, political subdivisions, public or municipal corporations or counties, but ihe limitations ucder RCW 43.21C.080 shall apply to a challenge or appeal of such rule adoption on grounds of noncompliance vith &CA 43. 21C. 030 (2) (c) . [ 1974 1st ex. s. c 179 § 3. ) , RCW 43,z~1CsQ~7 L1§1 Q~ ~ILII.(LS REQUI$ED BY Egl 4.J1C.080j The department of ecology shall prepare a list of all fil;ngs required by RCA 43.21C.080 each week and shall make such list available to any iaterested party. The list of filinqs shall include a brief description of the governmental action and the project involved in such action, alonq vith the location of vhere informetion on the project or action may be obtaiLed. Failure of the department to include ar.y project or action shall not affect the runninq of the statute of limitations provided in &CGl 43.21C.080. [1974 1 st ex. s. c 179 § 14.] 20 !J2sJ.1C:090 2ZgIS12N Qg G"V BN ME~~Ali iS~LSO TQ I"ORDED SO$ST ~I j" ~;.qUT: In anp action involvinq an attack on a determination by a governmer.tal agency relative to the requirement or tre absence of the requirement, or the adequacy of a"detailed statement", the decision of the qovernoental agency shall be accorded substantial weight. [1973 1st ea.s. c 179 § 3.] -73- _ . J~;W A1,21C.10V 9921~;" 4Y_ Ool~~T_U LOLJa--ESTJB= LIS1JED--CO1POSInO1!--UOJISHlfE NT: There is hereby established . the counc 1 on environmental policy vhich shall be composed of the meobers of the pollution control hearinqs boa rd. The council shall be abolished and shall cease to ezist at midniqht, Jnne 30, 1976. The quidelines established by the council prior to midnight, June 30, 1976, shall continue to be valid and of force and effect, except as they are thereafter amended by furtber guidelines promulgated by tha departmec± of ecology, in accord with chapter 34.04 RCW. IIpon the abolishmeDt of the council on June 30, 1976, all povers, duties and functions of the council are transferred to the departmert of ecoloqy. [1974 1st ea.s. c 179 § 4.] $CW 43j_21"105 ('QO &;LL ON f&VJRONh gNTAL POLjCY--?ERSQN_ Na. The council may employ such personnel as are necessarp for the performances of its duties. [1974 1st ex. s. c 179 § 5.] R~ 43. 1Cs1,10 CQjjNCl~ ON ENV~RON~E~1l~ POIiJCl_~POWEBSt D~T~~ AND Fq,NC~ION_ It shall be the duty and function of the cour.cil: (1) To adopt initially an d amend thereafter rules of ir.terpretation and implementation of this chapter (the state environmental policy act of 1971), sub ject to the requirements of chapter 34.04 RCW, for the purpose of providing guidelines to all branches of qovernmenL including state agencies, political subd ivisions, public and municipal corporations, and cour.ties. The rule making powers authorized in tr.is section shall include, but shall not be limited to, the folloKing phases of interpretation and implementation of this chapter (the state enviror.mental policp act of 1971) : (a) Categories of governmental actions vhich normally are to be con sidered as potential major actions significantly affecting the qualitp of the environment as well as categories of actions egempt from such classification, including categories pertaininq to applications for xater right permits pursuant to cha pters 90.03 and 90.44 RCW. (b) Criteria and procedures a pplicable to the determi- nation of whe n an act of a branch of government is a major action siqnif icantly affectinq the qualitp of the environmsnt for vhich a detailed statement is required to be prepared pursuant to RCw 43.21C.030. (c) Procedures applicable to the prepsration of detailed statements, including but not limited to obtaining comments, data an d other inf ormation, and providing for and determining areas of public participation. (d) Scope of coverage and contents of detailed statements assurinq that such statements are simple, uniform, and as short as practicable. (e) Procedures for public notification of acticns taken and documents prepared. (f) Def inition of terms relevant to the implementation of this chapter. (g) Guidelines for determining the obligations and powers under this chapter of tWO or more branches of qovernment involved in the sane project significantlp affecting the quality of the environment. (a) bethods to assure adequate public avareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2) (c). (i) To prepare quidelines for pro jects setting forth the time limits within vhich the governmental entity responsible for the action shall complp Kith the provisions of this chapter. -74- ' (j) ielines for utilization of i±ailed statemen± for more tha.. .,ae action. (k) Guidelines relat:ng to actions which shall be ' ezeapt from the provisions of this chapter in situatior.s of emergency. (2) In exercising it-- porers, funcr.ions, and duties under this section, the council may: (a) Con sult with the state aqencies and vith representatives of science, industry, aqriculture, labor, conservation organizations, state and local governments and other groups, as it deems advisable; and (b) Qtilize, to the fullPst zxtent possible, the services, facili±ies, and information (includinq s±atistical information) of public and private aqencies, orqanizations, and individuals, in order to avo.-*Ld duplication of effort and axpense, overlap, or conflict with similar activities authorized by law and performed by established agencies. (3) Rules adopted pursuant to this section shall be cubject to the revieW procedures of RCW 34.04.C 70 and 34.04.080. [ 1974 1st ea. s. c 179 § 6. ] RCW 43.2 1CZ120 RULESt ORD.JNANC£Si RESOLgTIONS AND REG03.ATIONS _ADOPTION--EFFECTI.VE DATES. (1) All ager.cies of government of this state are directed, corsistent vith rules and guidelines adopted under RCW 43.21C.110, to adopt rules pertainiag to the integration of the policies and procedures of this chapter (the state environmental policy act of 1971), into the varions programs ur.der their jurisdiction for implementa- tion. Adoption of the initial rules required under this section shall take place not later than one hundred twenty days af±er th9 effec+_ive date of rules and gvidelines adopted pursuant ±o RCW 43.21C.110. (2) Rules adopted by state aqencies under subsection (1) of this section shall be adopted in accordar.ce vith the provisions of chapter 34.04 RCW and shall be subject to the review procedures of RCW 34.04.070 and 34.04.080. (3) All public and municipal corporations, political subdivisions, and connties of this state are directed, consistent vith rules and guidelines adopted under RCW 43.21C.110, to adopt rules, ordinances, or resolutions pertaininq to t he inteqration of the policies and procedures of this chapter (the state environmental policy act of 1971), into the various proqrams nader their jurisdiction for implementa- tion. Adoption of the initial rules required undsr this section shall take place not later than one hundred eighty days after the effective date of rules and guiclelines adopted pursuant to RCW 43.21C.110. (4) Ordinances cr regulations adopted prior to the effective data of rules and gnidelines adopted pursuant to RCW 43.21C.110 shall contic±ue to be effective until the adoptions of anp ney orainances or reqnlations. [1974 1st ez.s. c 179 § 8.] RCW gQ&2,,C,,1,~Q AQ2FIL 0$pJ"JgZ5, The departoent of ecology, in consultation rrith concerned state aqencies, shall vith the assistance of the associations of countp prosrocutors and citp attorneps, the association of county elected off icials, the pashinqton state association of counties, and the association of cities, draft model ordinances for use by counties, cities and toWns in draftinq their ordinances under this chapter. [ 1974 1st ex. s. c 179 § 10. ] ~ a)_L21.Q&1" JLYJFgR 4E b~~~ IkiEll T4 ~~~gliT ~~~~~R--~Eg4$T ~Q "!jI2&ATJQREs Each state aqency, political -75- . i subdivision, munici and public corporation, ana county shall revieW all actions taken to implement this chapter (the state ~ environmental policy act) and map submit a report of such actions to the office of program planning and fiscal management, vhich shall compile and analyze such data and ~ prepare a report vhich shall bE submitted to the forty-fifth reqnlar session of the legislature. In addition iaformation on the cost of i oplementation and aduinistration of the act shall be included in such report including the cost of prepara±ion of all detailed st atements since hay 5, 1974. [1974 1st ex.s. c 179 § 11.) RCW 43"1CtJ50 RCR 43s21C.030"LjCj, INAPPLICABLE WHE~T STATEMENT PREY;OUZL PREPAR£D PO~S~T~N ~0 NlTIONL gNVIONtlEN_ T.~L POjYCY ACTL The requirements of RCW 43.21C.030 (2) (c) pertainir.g to the preparation of a detailed statemAnt by branches of government shall not apply vher_ an adequate dEtailed statement has been previously prepared pursuant to the national environmental policy act of 1969, in Khich event said preparea statement may be utilized in lieu of a sEparately prepared statement under RCW 43. 21C.0 30 (2) (c) 1975 '!st ea. s. c 206 § 1; 1974 ex. s. c 179 § 12.) RCW q3.2j,Cx1k0 U111IZA2129 OF 2TATEIE11 PREEARED ONREF RL;W 4 3_2~s0 30 TO IhPLUINT CdAPTER 90sb? RCW_;UTII.IZATION OF C,ijjgTER 9Q,:§2 R.,gW PROCEDIIRES TO SATISFY RCiI 43_219A30.121191s In the implementation of chapter 94.b2 RCW (the Er_viror,mental Coordination Procedures Act of 1973), the denartment of ' ecology, consistent eith guidelines a dopted by the council shall adopt r ules vhich insure tha± one detailed statement preparod under RCW 43.21C.030 may be utilized by all branches of qovernmeLt participating in the processing of a master application. phenever the procedures established pursuant to ~ chapter 90.62 RCW are used, those procedures shall be utilized vherever possible to satisfy the procedural requiremer.ts of P,CW 43.21C.030 (2)(c) . The time limits for challenges provided for in RCW 43.21C.080(2) shall be applicable when such procedures are so utilized. [1974 1 st ex. s. c'i 79 § 13.) 8CW 43:21C_1b5 CliALLENGES TO CONSI§TZNCY OF RULES A.2QETED PURSM.ANT 10 RCW 4jsjjC_110 AjD jjz2jC=,1j2__P$OCEDURE_ FIN,ALT,TY, See RCW 4 3. 21B. 250. RCW lj_C&900 0 SHQRT T;Mjs This chapter shall bE knoxn and may be ci±ed as ±hE "State Envizonmental Policy Act of 1971". [ 1971 ax. s. c 109 ] , Bo !Q&21Ct910 2EU$I,~ILITY--1974 1ST ZJsSi C 179. If any provision of this 1974 amendatory act, or its application tc any person or circumstance is held invalid, the rema=nder of *_he act, or the applica±ioa of the provision to other persons or circumstances is not affected. [1974 1 st ez. s. c 179 § 7 6. ] -76- • WAC 173-805-010 PflLICIES AND AUTHORITY. The city/county of hereby adopts by :eference the policies of the State Environmental Policy Act as expressed in RCW 43.21C- . O 10 and RCW 43.21C.020. WAC 173-805-020 ADOPTION BY REFERENCE. The city/county hereby adopts by reference the following sections or subsec- tions of chapter 197-10 of the Washington Administrative Code (the "SEPA Guidelines" adopted by the state of Washing- ton, council on environmental policy): WAC 197-10-040: Definitions. -0 60 : Scope of a Proposal and i ts Impacts. -160: No Presumption of Significance for Non-Exempt Actions. -170: Categorical Exemptions. -175: Exemptions and Non-Exemptions Appli- cable to Specific State Agencies. -180: Exemptions for Emergency Actions. -200: Lead Agency--Responsibilities. -203: Determination of Lead Agency--Pro- cedures. -205: Lead Agency Designation--Governmental Proposals. -210: Lead Agency Designation--Proposals involving Both Private and Public Con- struction. -215: Lead Agency Designation--Private Projects for Which There is Only 4ne Agency. -220: Lead Agency Designation--Private Projects, Licenses From More than One Agency When One is City/County. -225: Lead Agency Designation--Private Projects, License From More Than One State Agency. -230: Lead Agency Designation--Specific Pro- posals. -235: Local Agency Transfer of Lead Agency Status to a State Agency. -240: Agreements as to Lead Agency Status. -245: Agreements Between Agencies as to Divi- sion of Lead Agency Duties. -260: Dispute as to Lead Agency Determination --Resolution by CEP. -270: Assumption of Lead Agency by Another Agency with Jurisdiction. -300: Threshold Determination Requirement. -305: Recommended Timing for Threshold Deter- mination. -310: Threshold Determination Procedures-- Environmental Checklist. -320: Threshold Determination Procedures-- Initial Review of Environmental Checklist. -330: Threshold Determination Procedures-- Information in Addition to Checklist. -340: Threshold Determination Procedures— ' Negative Declarations. -345: Assumption of Lead Agency Status by Another Agency with Jurisdiction--Pre- requisites, Effect and Form of Notice. • -350: Affirmative Threshold Determinations. -355: Form of Declaraticn of Significance/Non- Significance. -360: Threshold Determination Criteria--Applica- tion of Environmental Checklist. -365: Environmental Checklist. -370: Withdrawal of Affirmative Threshold Deter- mination. -375: Withdrawal of Negative Threshold Deter- mination. -390: Effect of Threshold Determination by Lead Agency. -400: Duty to Begin Preparation of a Draft EIS. -410: Pre-Draft Consultation Procedures. -425: Organization and Style of a Craft EIS. -440: Contents of a Draft EIS. -442: Special Considerations Regarding Contents of an EIS. -444: List of Elements of the Environment. -450: Public Awareness of Availability of Draft EIS. -455: Circulation of the Draft EIS--Review Period. -460: Specific Agencies to which Draft EIS shall be sent. -465: Agencies possessing Environmental Exper- tise. -470: Costs to the Public for Reproduction of Environmental Documents. -480: Public Hearing on a Proposal--When Required. -485: Notice of Public Hearing on Environmental Impact of the Proposal. -490: Public Hearing on the Proposal--Use of Environmental Document. -495: Preparation of Amended or New Draft EIS. -500: Responsibilities of Consulted Agencies-- Local Agencies. -510: Responsibilities of Consulted Agencies-- State Agencies with Jurisdiction. -520: Responsibilities of Consulted Agencies-- State Agencies with Environmental Exper- tise. -530: Responsibilities of Consulted Agencies-- When Pre-Draft Consultation has Occurred. -535: Cost of Performance of Consulted Agency Responsibilities. -540: Limitations on Responses to Consultation. -545: Effect of No Wri tten Comment. -550: Preparation of the Final EIS--Time Period Allowed. -570: Preparation of Final EIS--When no Critical Comments Received on the Draft EIS. -580: Preparation of the Final EIS--Contents-- When Critical Comments Received on Draft EIS. -600: Circulation of the Final EIS. -650: Effect of an Adequate Final EIS Prepared Pursuant to NEPA. -652: Supplementation by a Lead Agency of an Inadequate Final NEPA EIS. -660: Use of Previously Prepared EIS for a Dif- ferent Proposed Action. ♦ i • -690: Use of a Lead Agency's ElS by Other Acting Agencies for the Same Proposal. -695: Draft and Final Supplements to a Revised EIS. -700: No Action for Seven Days After Publication of ttie Final EIS. -710: EIS Combined with Existing Planning and Review Processes. -830: Responsibilities of Agencies--SEPA Public Information Center. -835: Regional SEPA Public Information Centers. -840: Application of Agency Guidelines to On- going Actions. WAC 173-805-030 ADDITIONAL DEFINITIONS. In addition to those def initions contained within WAC 197-10-0 40 , the following terms shall have the following meanings, unless the context in- dicates otherwise: (1) "Department" means any division, subdivision or organizational unit of the city/county established by ordinance, rule, or order. (2) "SEPA Guidelines" means chapter 197-10 WAC adopted by the council on environmental policy. WAC 173-805-040 TIME LIMITS APPLICABLE TO THE SEPA PRO- CESS. The following time limits (expressed in calendar days) shall apply to the processing of all private projects and to those governmental proposals submitted to this city/county by other agencies: (1) [Optional] Categorical Exemptions. Identification of categorically exempt actions shall occur within seven (7) days of submission of an adequate application; (2) Threshold Determinations. (a) For proposals for which the city/county is the lead agency, threshold determinations should normally be completed within f if teen (15) days. (b) Threshold determinations which can be made based upon review of the environmental checklist submitted by applicant should be completed within fif teen (15) days of submission of an adequate application and the completed checklist. [Use (a) or (b) above, but not both.] (c) [Optional] Threshold determinations requiring fur- ther information from the applicant or consultation with other agencies with jurisdiction should be completed within fifteen (15) days of receiving the requested information from the appli- cant or the consulted agency; requests by the city/county for such further information should be made within fifteen (15) days of the submission of an adequate application and completed checklist; when a request for further information is submitted to a consulted agency, the city/county shall wait a maximum of thirty (30) days for the consulted agency to respond. (d) [Optional] Threshold determinations which require ~ that further studies, including field investigations, be ini- tiated by the city/county should be completed within thirty (30) days of submission of an adequate application and the completed checklist. . i • (e) [Optional] Threshold determinations on actions where the applicant recommends in writing that an EIS be prepared because of the significant impact asserted and described in the application shall be completed within fifteen (15) days of submission of an adequate application and the completed check- list. (f) The time limits set forth in this subsection shall not apply to withdrawals of affirmative and negative threshold determinations where such withdrawals are rcade in accordance with section and . (g) When a threshold determination is expected to require more than fifteen (15)' days to complete and a private applicant requests notification of the date when a threshold determina- tion will be made, the lead agency shall transmit to the pri- vate applicant a written statement as to the expected date of decision. WAC-173-805-050 ENVIRONMENTALLY SENSITIVE AREAS. [Op- tional] (1) The map(s) filed under Receiving No. and adopted by ref erence hereto designate the location of environmentally sensitive areas within the city/county. For each sensitive area, exemptions within WAC 197-10-170 of the SEPA guidelines are identified on the maps as being inappli- cable to that area. Other exemptions not so identified shall continue to apply within environmentally sensitive areas of the city/county. (2) Environmentally sensitive areas shall be designated by pursuant to the standards of WAC 197- 10-177. Maps designating such areas, together with the exemptions from those listed in WAC 197-10-177(2) which are inapplicable in such area, shall be filed with and shall have full force and effect of law as of the date of filing. [Use (1) or (2) above, but not both.] (3) Major actions which will be located wholly or par- tially within an environmentally sensitive area are to be treated no differently than other major actions under these guidelines. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive area. (4) Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. WAC 173-805-060 USE OF EXEMPTIONS. (1) The applicabil- ity of the exemptions shall be determined by each department within the city/county which received an application for a license, or in the case of governmental proposals, by that department initiating the proposal. A determination by any such department that a proposal is exempt shall be final and not subject to administrative review. (2) If a proposal includes a series of actions, physi- cally or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt. . ~ preparation of a declaration of nonsignificancP or EIS in addition to that prepared by the lead agency. (4) In the event that the city/county or any department thereof receives a lead agency determination made by another agency which does not appear to be in accord with the criteria of WAC 197-10-205 through -245 it may object thereto. Any such objection must be made and resolved within fifteen (15) days of receipt of the determination, or the city/county must petition CEP for a lead agency determination pursuant to WAC 197-10-260 within the fifteen (15) day time period. Any such petition on behalf of the city/county shall be initiated by (S) Departments of the city/county are authorized to make agreements as to lead agency status pursuant to WAC 197- 10-240 and WAC 197-10-245: PROVIDED, That any such agree- ment involving assumption of lead agency status by the city/county will first be approved by the responsible official for the city/county and that any department which will incur responsibilities as a result of any such agreement will approve the agreement. (6) Any department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. WAC 173-805-080 TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY. [Optional for cities or towns under 5,000 population and counties of fif th through ninth class.] For any proposal for a private project where the city/county would be the lead agency and f or which one or more state agencies have jurisdic- tion, the responsible official of the city/county may elect to transfer the lead duties to that state agency with juris- diction appearing first on the priority listing in WAC 197- 10-225. In such event, the state agency so determined shall be the lead agency and the city/county shall be an agency with jurisdiction. Transfer is accomplished by the responsible official of the city/county transmitting a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdic- tion. The responsible official of the city/county shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. WAC 173-805-090 EIIVIRONMENTAL CHECKLIST. (1) Except as provided in WAC 197-10-300(2), a completed environmental checklist, or a copy thereof, substantially in the form pro- vided in WAC 197-10-365 shall be filed at the same time as an application for a permit, license, certificate, or other en- titlement for use not specifically exempted herein. This checklist shall be the basis for a determination by the city/county as to lead agency status and if the city/county is determined to be the lead agency, then for the threshold determination. (2) For all proposals for which the city/county is the lead agency, the responsible official of the city/county shall make the threshold determination pursuant to the criteria and procedures of WAC 197-10-300 through -365. ~ ^ / ~ (3) If the proposal includes a series of exempt actions which are physically or functionally related to each other, but which together may have a significant environmental impact, the proposal is not exempt. (4) If it is determined that a proposal is exempt, none of the procedural requirements of these guidelines apply to the proposal. No environmental checklist shall be required for an exempt proposal. (5) A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the pro- posal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally re- lated to each other, some of which are exempt and some of which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license appli- cation which triggers the department's consideration is other- wise exempt. If the lead agency is the city/county, then the responsible official shall be designated. (6) If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to compliance with the procedural requirements of these guidelines subject to the following limitations: (a) No major action (nonexempt action) shall be author- ized; (b) No action shall be authorized which will irrevocably commit the city/county to approve or authorize a major action; (c) A department may withhold approval of an exempt action which would lead to modification of the physical environment, when such modifications would serve no purpose if later approval of a major action is not secured; and (d) A department may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant which would serve no purpose if later approval of a major action is not secured. WAC 173-805-070 LEAD AGENCY DETERMINATION AND RESPONSI- BILITIES. (1) Any department within the city/county receiving or initiating a proposal any portion of which involves a major action, shall determine the lead agency for that proposal pur-- suant to the criteria set forth in section WAC 197-10 -205 through -270, using the procedures of WAC 197-10-203. This determination shall be made for each proposal involving a major action unless the lead agency has been previously determined, or the department is aware that another department or agency is in the process of determining the lead agency. NOTE: A lead agency must be an agency with jurisdiction. (2) In those instances in which the city/county is the lead agency, the responsible official of the city/county shall supervise compliance with the threshold determination, and if an EIS is necessary, shall supervise preparation of the draft and final EIS. (3) In those instances in which the city/county is not the lead agency under the criteria of WAC-197-10-205 through -270, all departments of the city/county, subject to the limi- tations of WAC 197-10-390, -660, and -690 shall utilize and consider as appropriate either the declaration of nonsignifi- cance or the final EIS of the lead agency in conjunction with the decisions of the city/county on the proposal. In such instances, no city/county department shall prepare or require • WAC 173-805-100 PREPARATION OF EIS. (1) The draft and final EIS shall be prepared either-by the responsible official or his designee, or by a private applicant or a consultant retained by the private applicant. In the event the responsi- ble official determines that the applicant will be required to prepare an EIS, the applicant shall be so notified immediately after completion of the threshold determination. (2) In the event that an EIS is to be prepared by a pri- vate applicant or a consultant retained by the private appli- cant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate method- ology. The responsibie official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. (3) In the event that the responsible official or his designee is preparing an EIS, the responsible official may require a private applicant to provide data and information which is not in the possession of the city/county relevant to any or all areas to be covered by the EIS. (4) No matter who participates in the preparation of an EIS, it must be approved by the responsible official prior to distribution. (5) In all occasions of EIS preparation the applicant is . encouraged to provide information to the responsible official. WAC 173-805-105 ADDITIONAL ELEMENTS TO BE COVERED IN AN EIS. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under these rules: ' (1) Economy. (2) Cultural factors. (3) Sociological f actors. [This section is completely optional. If used, any of the listed elements may be selected, or you may add your own.] WAC 173-805-110 DESIGNATION OF OFFICIAL TO PERFORM CON- SULTED AGENCY RESPONSIBILITIES FOR THE CITY/COUNTY. (1) The following (person) (department) (office) shall be responsible for the preparation of the written comments for the city/county in response to a consultation request prior to a threshold determination, participation in predraft consultation, or re- viewing a draft EIS: . (2) The official designated in paragraph (1) hereof shall be responsible for compliance by the city/county with WAC 197- 10-500 through -540 wherever the city/county is a consulted agency, and is hereby authorized to develop operating proce- dures which will ensurz that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city/county. WAC 173-805-115 DESIGNATION OF RESPONSIBLE OFFICIAL. (1) For those proposals for which the city/county is the lead agency, the responsible official shall be 0 r * (2) The responsi~)ie cfficial shall make `.he threshold • determination, supervise preparation of any required EIS, and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA guide- lines which were adopted by reference in WAC 173-805-020 hereof, for all proposals for which the city/county is the lead agency. WAC 173-805-120 SEPA PUBLIC INFORMATION CENTER. (1) The following location constitutes the city's/county's SEPA public information center: Telephone: ( ) (2) All reasonable means will be used to make the exist- ence and location of the city's/county's SEPA public informa- tion center known to both the public generally and the employees of the city/county. (3) The SEPA public information center shall contain the documents and provide the services required by WAC 197- 10-830. WAC 173-805-125 REGIONAL SEPA PUBLIC INFOR.MATION CENTER. [Optional - Use only within counties which have a regional SEPA public information center approved by CEP.] (1) The following location is the regional SEPA public information center for county: Telephone: ( ) (2) All of the duties assigned to the SEPA public infor- mation center by WAC 197-10-830 and -835 shall be undertaken by the regional center indicated in subsection (1) above. WAC 173-805-130 FEES. [This section is completely optional, and any or none of the following subsections may be used, or municipalities may wish to substitute their own pro- visions.] The following fees shall be required for actions by the city/county in accordance with the provisions of this ordi- nance: (1) Threshold Determination--For every environmental assessment to be performed by the city/county when the city/county is lead agency a fee of [$50.00] shall be re- quired of the proponent of the proposal. This fee shall be collected prior to undertaking the threshold determination, and the time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of the fee. (2) Environmental Impact Statements-- (a) For all proposals requiring an EIS for which the city/county is the lead agency and for which the responsible ~ 'a r ` official deterrr►ines that the EIS shall be prepared by employ- ees of the city/county, the city/county may charge and collect a reasonable fee from any applicant to cover costs incurred by the city/county in the preparation of an EIS. If it is deter- mined that an EIS is required, applicants shall be advised of projected costs of the statement prior to actual preparation and shall post bond or otherwise insure payment of such costs. (b) The responsible official may determine that the city/county will contract directly with a consultant for prep- aration of environmental documents for activities initiated by some persons or entity other than the city/county and raay bill such costs and expenses directly to the aoplicant. Such consultants shall be selected by mutual agreement of the city/county and applicant after a call for proposals. Appli- cants may be required to post bond or otherwise insure payment of such costs. (c) In the event that a proposal is modified so that an EIS is no longer required, the responsible official shall refund any costs collected under (a) and (b) of this subsec- tion which were collected for costs not incurred. (3) No f ee shall be collected by the city/county for performing its duties as a consulted agency. . I [Note: The SEPA guidelines prohibit fees by consulted agencies.] (4) The SEPA public information center of the city/county is hereby authorized to charge periodic fees for the service of mailing registers and register updates. Such fees shall be reasonably related to the costs of reproduction and mailing of registers and updates. (5) The city/county may charge any person f or copies of any document prepared pursuant to the requirements of this ordinance, and for mailing thereof, in a manner provided by chapter 42.17, RCW. WAC 173-805-135 NOTICE/STATUTE OF LIMITATIONS. [Optional] (1) The city/county, applicant for, or proponent of an action may publish notice of action pursuant to RCW 43.21C.080 for any action. (2) The form of the notice shall be as prescribed by the department of ecology and/or substantially in the form and man- ner set forth in RCW 43.21C.080. The notice shall be published by the city clerk or county auditor, applicant or proponent pursuant to RCW 43.21C.030. WAC 173-805-140 SEVERABILITY. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the appli- cation of the provision to other persons or circumstances, shall not be affected. , A t LjnT FOR C F.WE AL G...~:ULATIOI~,' - FQR PLAATNIr? C . ~yjLMIS TQN M.MB .RS ONLV OTHEA SUSINESS ZE-61-75 - TANZES S_ BLACK - AGRIGUL.TURAL. TO COMMERCIAL After reviewinq the environmental questions submitted to Mr. Black on December 3I, 1975, and his responses to those questions, along with a more recent SEPA environmental checklist (june 8, 1976) the following concerns were noted. These concerns could be well addressed in a staff study with the cooperation of the proponent. Potent allv Significant Impacts -James _ Black PmRosal. Wa ter Oua itv; What effect will the subsurface iniection of contaminated stormwater runoff and sewage disposal effluent have on the ground water aquifer? .MnLor Vehicle Traffic; What will be the increase in traffic generation by this facility, especially related to existi.ng travelway capacities or their planned expansions ? gLr CJualitv; What will be the volume of emfssions from motor vehicle traffic, space heating, and other miscellaneous sources ? How will this affect the existing ambient air quality? Noise evels; What will be the Day-Night Average Ajoi se Levels (Ldn) nofse levels created by this facility and the motor vehicle traffic it will generate? How does this compare with existing noise levels ? L,and Use Conflict; V1That is the detailed nature of and possible solutions to the residential - commercial land use conflict identified by the Planning Commission and staff in january, 1976? Is there fn fact the need for a shopping center of this size in the Valley at some point in the future ? Is the proposed site the most appropriate for such a shopping center ? (contd. ) 1 J REVIEW OF PLANNING COMMISSION HEARINC TAPE FOR JANUARY 9, 1976. ZE 61 7S - AC iCULLRAL• TO COMMERC.IAL.:BL•A_GK In addition to the standard presentation of the proposal and staff evaluation by Mr. john Konen, the followinq critical points were made. This analysis is oriented to the reasons for the decision to require an EIS. Tape Side & Inch Side I 331 Bar4Kgnnay - Spokane County Engineer's Office IVIio Kennaly expressed concern for the adverse effect of increased traffic on exfsting travelways and the uncoordinated manner in which the site was desiqned. Specific concerns involved the use of a substaildard right of way widths, poorly coordinated access points, and the need for noised channelization. Mr. Kennaly requested additional study be directed to projecting dafly traffic flows, peak hourly flow, origin-destination of traffic, travelways impacted, and the overall impact on existinq travel- ways. 360 Tim Frank - Spokane County Air Pollution Control Authority Mr. Frank expressed concern for the increased carbon monoxide resultfnq from added vehicle traffic. He was also concerned about the increased congestion on existing travelways which would accelerate carbon monoxide production. Mr. Frank indicated that as a result of earlier investigation in the area for a complex source permit on the Red Lfon Inn, estimated background levels of carbon monoxide were to be marginal, just below air quality standards. He further stated that development of this center would probably result in violation of the Federal air quality standard but not enough data was available to estimate resulting con- centrations t Mr. Frank recommended that further studies be undertalcen to help evaluaCe the impact of carbon monoxide from increased vehicle traffic. He also requested that the proponent consider certain mitigating measures to reduea the generatfon of carbon monoxide. 434 ~,.M-YA.~-iQ - Office of Prosecuting Attorney Mr. Emacio indicated that he believed the SEPA Guidelines, WAC 197-10, established a mandatory affirmative threshold determination in uses such as this.(This statement was made without the benefit of a copy of the guidelines for Mr. Emacio to review. In actuality, there is no provfsion in WAC 197-10 for mandatory affirmative threshold determination in any case of an action under SEPA.) This statement appeared to weiqh heavily on the Commission members as evidenced by statements made by Mr. Quigley, to the effect that he didn't wish to second guess counsel regarding the legal requirements of SEPA. This discussion may have been the sinqle major factor infiutencing the Commission's request for an EIS. - Z- (contd. ) ~ ~ ZE--61-75 - $gri,.=.Lra1_ to Gommercial (COntd.) 504 Char.l_ -s ugQins_ - Director of Planning Mr. Huggins suggested that this proposal may have significant environ- mental effects simply because of its size. He also btated another factor may be the dissimilarity of the proposed use with surroundinq land uses in the immediate area. (Often a ptoject receives an affirmative threshold determination because of its magnitude alone rather than its actual potential for impacts. This is an enoneous approach to threshold determinations which should be based only on factual evidence of potential for significance or insignificance.) 518 J,an,e~, s S- B ack - Proiect Proponent Mr. Black posed two important questions to the Commission in the course of 1hif s presentation. These questions, we felt, should be answered saLx sfactorily before a requirement for an EIS was made. Essentfally these questions were: 1) As the Spokane Valley develops, wfll there be the need for a regional shopping center with an eastern location?; 2) If this need will in fact exist, is the proposed site appropriate for this development? Side II 001 Qh rl _a uqains_ - 1VIr. Huggins indicated the Planning staff would be responsible for drafting the EIS, not the developer. The proponent would be required to provide data about the proposal even if it cost him to develop this data. The overall cost of an EIS would be borne by the proponent and the Planning Commission. An estimated time frame for completion of the EIS would be about 3- 4 months. 025 Ssharles HLg$inG - Mr. Huggins fndicated that the two primary questfons posed by Mr. Black should also be addressed in an EIS.'rhe economic feasibility of a proposal must be considered in an EIS was his opinion, that it is a requirement of the guidelines.(Inclusion of any economic analysis is an optional element to be included at the discretion of the responsible official, if and only ff the local fmplementation ordfnance specifically dl ~Ows . In no way is economic consideration even remote].y a mandatory ele,rent of an EIS. ) 215 F_r'artk Schadeag - Planning Commission Member Mr. Schadegg, in his motion to require an EIS, tnakes it very clear that the Planning staff directs the preparation of the EIS.(The motion does not state the Planning staff will actually vhysically prepare the EIS, however. ) - 3 - (contd.) ' a . ZE-61-7 5 - (contd. ) In summary,, it seems the Commistsion's action to require an EIS was based, in part at least, on misinformation and false impression as to the intent,and purpose of SEPA and WAC 197-10. There °extsts adequate reason for the Planninq Commission to reconsider their action. ~ ~ r , _ ~ OfFICE 0F TNE SPOKANE COUNTY PLANNIIVG DEPARTMEtVT Date February 18 119 77 To Zone Change File ZE- 61- 75 T. S. Black From Fred L. Dayharsh, Dfrector Subject APArova1 of consultant for EIS on Valley Mall Shopping Center proposal (above reference) The selectfon by the applicant, james S. Black, of the firm Haworth and Anderson.. Inc. to prepare the EIS is acceptable as per SCEO 11,20.423 (2). Signed: P, z2AAz Fred L. Dayharsh, rector TM: FD:kj . t Wednesday, Jufy 21, 1976 Requi*re m ent , s Lessened The requirement that an en- decision, the environmental vironmental impact statement review will determine whether be prepared for a proposed or not a full-fledged statement - Valley shopping center was IS to be required. According to ~downgraded to an "'en- Frank Schadegg, planning vironmental review" following commission member, "It will testimony last Friday at the answer a number of en- county planning commission. vironmental questions that .Iames S. Black is seeking re- need to be answered and we zoning of property at Broad- will then determine whether way and Sullivan for the we can get along without an en- shopping center. When the vironmental impact state- matter was first heard by the tnent." ; planning commission last Hume indicated that the re-' winter, it was decided its size v'iew would get the necessary' and impact on the area war- Information that an impact ranted requirement af an er,• :.4tAenent would provide with- vironmental impact statement. otit "spending six or eight The change of mind came f months on it." after the commission was told ~ The original requirement for that some misinformation and an impact statement en- some presumptions had been visioned its beirg done in three made at the original hearing, to four months, but the work leading to the belief that awas never accomplished. statement would be required. Mrs. Grace R,awlings, com- SINCE JANUARY, reported mission chaicman, told the de- veloper that the main question Dwight Hume of the county she wished to see resolved was planning staff, there have been whether or not the Valley ~ changes in the law reguiring needed another lacge shopping enviranmenial impact state- center. ments and new interpcetations of the law. As required by Friday's ~ifarch 16, 1976 ~ A. repared by Charles L. ...iggzns Interim policy with respect to preparation of Envircnmental Impact Statements wizen such are determined to be necessary in connection with any actioz of the County Planning Commission, Zoning Adjustor, or Board of Adjustment, WHEREAS, The Washington State Environmental Policy Act imposes certain c:)ligations upon Spokane County in connection with private party applications for zone changes, plats, and various actions of the Planning Commission, Zoning ' J.:i;ustor or Board of Adjustment, and WHEREAS, The Board of County Commissioners does recognize the necessity 0-- ?ssuring that wher. Environmental Impact Statements are determined to be i-iecessary in connection with such private applications, that they be prepared in un udequate, impartial manner; WHEREAS, The Board of ci_C1u~:...~~ stantial portion of the cost of preparation of an Environmental Impact Statement should be borne by the private applicant rather than by the taxpayers generally. NOW, THEREFORE, the Board of County Commissioners d*oes hereby adopt as an interim policy, pending preparation of a more complete policy to be included :i an ordinance as required by WAC 197.10, the following: 1) When it is determined that an EIS is required in connection with any application by a private party to be acted upon by the County Planning Commission, Zoning Adjustor, or Board of Adjustment, the draft EIS shall . be prepared by a qualified individual or firm having no fi.nancial or business connection with the applicant nor interest in the property or application in > question. Such individual or firm shall. be chosen by the Director of Planning, and such choice shall be agreeable to the applicant. The 1 individual or firm shall work under the direction of the Planning Director. 2) Spokane County through appropriate departments will assume responsibility for review of the Draft EIS and for soliciting general public and public agency comment upon the Draft Impact Statement. 3) The selected individual or firm will assist the Planning Director in evaluation of any general publi,c and public agency comment upon the draft EIS and in prepara tion of the final EIS, 4} The fee for the services of the said individual or firm shall be negotiated as . a part ot the process of choice of said individual or firm and shall be paid to Spokane County by the applicant in advance of commencement of compensX,Vable work by the said individual or firm. r..T.T_ . . ....1.~~. . CONiNiI.SSION SP4KANE COUNTY PLANI~TINC,~SE COU,3TY CO ~ FT 11 SPOMN£, NG`SON APPLIGA'TIO N : ' -t-- , OPERTY O~IVNERS LC~4KED UP BY: PR , DATE: ' AGEN DAS NMLED BY: ` EGAL DESCRi.FTION OF }'RC ADDRESS L ' c~ d NAME ~ T. O . ~ ~.-"'L.i f►'v~ y, l, r_ f ~ : ~ / ~r ~ 1 o ~ T in L- c ~ r _s- y"~. t ~ f'~ j~ , ~ ~ ! , O T a T O , -yy T 0 T ~ T . T o L , f ~ 'j,~;;~.~. ~ . , , ~ _ . . , ~ T ~ f`~ I S 4 a r / tO T , 0 e~ .,6.~,~ TL~~~.~(.~f.~L ela t v'~ L r- c_ .7 , ~ .3 L ~ 1 a C~ t~ lT ~ L ✓J ~ ~ ' ~ t ~ ~ 71 , r•~~. ! ~ f t~~`.. i ~ ~~t~-.J ir ~ . ~ ..fn r ~ 0`-t . x" Q ~ ~ ~ • ~ ~ _ ' ~ a f ~ > . ~ ` ~ ~ ~ ' ~ ~ , _ :'-ti ~ 77 /,cr . ~ / ~ ~ " L~f~ . ~ r !r f l/~_~ ~ 3. ~ % \ ~ ~ % 4 M ~ ~ ✓ t ~ , i f~ 40~_~// ' ~ `r. ~l'•~~'?,b~ ~ ! / / ,'t_ • ~ ti ' U f n ~ f ~ ~ ~ •~~~.t.t-'~' • f d6L- ~i ,L ~ ~/fs-- , ~ + ' . ~ ~ . ~ . ~ ~ . , ~ ~ , . , . x ~ ~ r ~ . I ~ t i ~ ~ I NINUTES JULY 16, 1976 OTHER BUSINESS ZE- 61- 75 AGRICULTURAS. TO COMMERCIAL: TAMES S e BLACK The Plcnning Commission unanimously agreed that a staff study be prepared to ex-iiiiine the impact (if any) of a propased shopping center at Sullivan and ts:c rreeway.. This action by the Planning CommissLon authorizes a sta'ff work study in lieu of the preparation of an Envlronmental Impact Statement as was prevlously recommended b,y the Planning Commission in january of this year. The motion was made with the understandinq that a work study is a suttabie alternative to an Environmental Impact Statement untess otherwise inandated by state lawo Furthermore, a reasonable time perfod was imposed in terms of "that tirine necessary to adequately answer any environmenta 1 related que stions . ~ - 23 - , R E A L T 0 R S I N S U R E R S M A N A G E R S A P P R E R S C 0 N S U L T A N T S ~ JAMES S, BLACK AND COMPANY ~ July 16, 1976 Mr. Dwight Hume County Planning Commission 309 City Hall Spokane, Washington 99201 Dear Dwight: I wanted to thank you for your cooperation in connection with the Planning Commission 's decision on the Center at Broadway and Sullivan. It is my understanding that you and the staff will be develop- ing further information on certcin critical arecs of environmental concern with regard to this project that wi I I satisfy SEPI guidel ines and thct you will be asking me to provide informction that is necessary to properly evaluate these questions that is not available through some agency or group. Needless to say, we are extremely anxious to proceed with this project cs rapidly os po6sible. We will do anything we ccn to help you expedite it. Yours very truly, A S S. BLAC K JSB:ef cc: Keith Holman Robert B. Aust i n RECEIVEO JUL21 Of-V&**Jt JuuIo i Y NLAHNIAs COMMLWA MAIN OFfICE 527 PEYTON BUILOING (509) 838 2511 SPOKANE WA 99201 AGENDA, JAIVIJARY Q, 1976 TELEPHONE N0. : 456-2274 SFOKANE COUIVTY PLANNING COMMISSION , Ti jne Fr.Lday, January 9, 1976, 9•30 A.M. Plac,e. Conference P.oom A, County Court House Arulex ZONE CHANGE 1. ZE-61-75, Agriculturai to Commercial a. Location. Section 1j, Township 25 N., Range 44, E.W.M. Beginning at a point 20 feet North and 30 feet East of the W 1/4 corner of Section 13; thence North along the East right of way line of Sullivan Road, 649.32 feet, thence East 514.3 feet; thence North 655.25 feet, thence East 1038.72 feet, thence South 1306.12 feet to the North right of way line of Broadway, thence West along said right of way to the point of beginnl.ng, except that portion included in the right of way of Interstate 90. b. Appli cant : Jame s S. Black and Company 527 Peyton Btulding Spokane, Washington 99201 c. Site Size: Approximately 38 acres d. Existing Zoning: Agricultural, established March 27, 1942 e. Proposed Zoning: Commercial. The hearing will also provide for an environmental review. r f. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 ~ g. Proposed Use of Property: Regional shopping center - • ~a ~ - } 8R.4so . - - ~ ~ , - ~ ` ~ ~ ~ ' • _ e - - . y . . • ~ • i ~ . ~ ~ ~ Y - . rr"~ „ • ~ ~ Gr,. _ -„•r ' _ ~ ~s - 0~r ~ = : o _ • , FRic~~ _ ~ , vortTH o ~ s - °f ' SGALIE ' r J1000 ~ . ~ W ~ Fire ~ 5aif~~I 51'0f'i017 IL J h v/ ~ J ~ ~ •r► Z ~ ,~`chool w L4 - z . . . ~ -~0 •;;:'~eCtr ric v a - ~ ~ Sc~aol ~ , ~ ~ ' J Q . .i ~ i ALL~ wa yAl- t, Y , ~ - ~ M 4 ~ MIINUTES , jANUARY 9, 1976 ' ZeJOWE CHANGE ZE-61-75 - AGRICULTURAL TU C4MNERCIAL• TAMES S. BIACK & CQr1iPANY P,tanning Commission Recommendation: That an E nviror.mental Impact Statement for fihe proposed shopuinQ center t)roiect shall be nreAared for revievv bY thc Plannina Gommission iorior ta tak#nQ action vn the zone chanae rsuuest. The PlanninQ Cammission staff !s instructed to develap the Environme,ntal Impact Statement wtth technfcal infnrmation to be develoed bv the aDaiicant. (1VIr. Main abstained fram voting due to conflict of interestsa) A. ANALYSIS; The applfcant propases a regional shopping center complex an a 38-acre site on the nartheast eorner of Broadway Avenue and Sullivan Raad !n the Spakane Valley. The euentual devolopmen't wvuld include appmximately 400, OQQ sq. ft. of inetchandising space Including a rnajot and a junior department store. The Pianning Gommission staff reviewed the physical characteristics of the site including topography, geology, and hydrology, and concluded that the ~ proposed shopping center could be accommodated on the site usinq norm3l engineering techniques for grading, drainage control, and setting faundattons. The staff also evaluated the bio,iogical and botanicaZ characteristics of the si.te and conc luded that the proposal was within an urbanized area o Char- acterfstically, native species of plants and animals have been dispiacsd within an urbanfzed area as a result of cuitivation, devel.opment, and ~ activtty. The staff reviewed surro+andf ng neighbor.,,,o:. -b and adf oining Iand-use patterns and concluded that there uvould be no lan11-, -ae conflicts between the indust- rfal area and the proposed shoppfng centar; however, the pmposed shopping center wqould pose a major land-use conflict with the residential nei~hbor= hood to the south and east and a minor land-use conflfct wtth the resLdentfal neighborhood to the west. The staff concluded that addi.tional information would need to be developed to reveal this impact as well as study af possible transitional uses around the proposed shopping center. Indeed, the question of the approprtatenass of a regfonal shopping -center at the proposed Iocation is a very invoived planning study teQuiring review of the GomprehensivQ Plan. Preliminary revievv of the pmposal by the Spokane l+letropoiitan Tra.nsgortation Study indicated that a fully developed regional shopping center at the Broad- way and Sulllv3n lacation would increasu use of perimeter streets includfng ; (Cvnt' d) ~ ZE-51-75 - AGR TO COMM (Cont'd) s the Sullivan Interchange of Interstate 90 beyond current design capacfty. Supplemental letters from the Spokan~ County Engineer's Office and the State Highway Department indicated that furthar Studyof this additional traffic generation and possible solutions would be necessary before any approval of the proj ect. The Spokane County A!r Pollution Control Auth orlty revfewed the ambient air standards in relation to the projE,-,t. They requested that informatfon be developed on traffic flows in the area to evaluate the air pollution potentfal of tha Increased automobile activity. Furthermore, background readings of current air quality should be taken to aid in the development of an aIr pollutton model of the area. The Commissial concluded that the actfon on the zone change for the proposed shopplnq center was major and that sufficient areas of environmentat qualfty warranted investigation and, thereforQ, requested an Environmental Impact Statement for thc project. B. GENERAL DATA: 1. Location: Section 13, Township 25 N., Range 44, EV'dF ' Beglnning at a pofnt 20 feet North ar.d 30 feot East of the W 1/4 corner of Soction 13; thence North along the East right of way line of Sultfvan Road, 649.32 fact; thenace East 514.3 feet; thence North 655.25 feet; thence East 1038.72 feet; thence South 1306.12 feot to the North right of way line of Hroadway, thence West along said right of wa y to tha point of beginning, except that portion i included in the rfght of way of Interstate 90. 2. Appl icant• jamos S. Black and Company 527 Pt:vtc,%1 Building Spoka;. 2, :;'A 99201 3. Site Size: Approxim: toly 38 acres 4. Exf sting Zoning: Agricultural, established March 27, 1912 5. Proposed Zoning: Commercfal. The hearing wfll also provide for an envlronmental review. 6. Application of Zontng Provision: Chapter 4.21, Sectfon 4.21.040 7. Proposed Use of Propcrty: Reqional shopping center -10- l~i ~'l.✓~~ I y n ~ ' f ~ i ~ , , , SPOHAN$ GOIINTY PLANrTI[rTG COMMISSION PUBUC WORKS BUILOING N 811 JEFFERSON STREET • _ , ; y PHONE 458-2274 SPOKANE WASHINGTON 99201 ~s~ ,ti r L H s SPOKANE CQUNTY GOUR7 HOUSE january 2, 1976 MEIVIORANDUM TO: Sookane County Planning Cb:nmission Members FROM john D. Konen, Zonfng Administrator SUBjECT: Review of ZE-61-75 - Agricultural to Commercial - Black - Northeast corner of Broadway & Sullivan Our office has reviewed the request with the Prosecutfng Attorney's offi.ce relatf.ve to the need for an Envfronmental Impact Statement for the project. The staff has been collecting environmenfial data from several agencies as well as the applfcant whfch would be presented at the january 9 hearfng. Notably, the spplicant contemplates a regional shopping center somewhat smaller than Northtown which could have an impact on the Sullivan Interchange of Interstate 90. p The staff will have i.n#ormation ready for the enviwnmental question only. Because of *e tremendous-jamount of tnwironmental information needed for proper review, we would not be prepared for the Commission to evaluate the merits of the zone . charig2 at the january hearin3. At the conclusion of the evidence and testimony at the january hearing, the Commission should determtne whether sufficfent envxro~.mental informatfan has been presente3 to efther a) rule that the environmental considerations are mfnor and that an environmental assessment of the pro3ect will be sufffcYent; or, b) that the shopping center proj ect woul.d be a major action requiring an Envfronmental Impact Statement before decfding on the merits of the zoning request. Hopefully, the zonLng question could be addresse3 at a subsequent hearing. jDK:ms ~ s ~ b . NOT FOR PUBLICATION PRIOR TO PUBLIC HEARING OF JAIVUARY 9, 1976. INFOR1riATTO1V FOR THE FOLLOWING INDIVIDUALS 0NLY: ~ l/irs o Ra wlings and Mes srs . Schadzgg, Hamilton, Quigley, Hubbard, Mauz, and. McCoury. STAFF FINDINGS PERTiNENT TO ZONE CHANGE APPLICATION: 1. ZE- 61- 75, AGRICULTURIIL TO COMMERCIAL: TAIVIES S. BLACK & CO1V[PANY ENVIRONMENTAL IIVFORMATION RELATIVE TO ZE-61-75 . 1) Applicant: james S, B}.ack & Company 527 Peyton Building Spokane, WA 99201 (509) 838-2511 2. Proj ecfi: - Reqional Shopplng Center - Northeast corner of Broadway Avznua and Sullivan Road 3) Description: _ ~ The applicant proposes a regional shoppfng center complex oa a 38-acre site oz the northeast corner of Broadway Avenue and Sullivan Road in the Spokane Valley, The eventual development would "incZude about 404, 000 s square feet of inerchandising space includ►ng two department stores and a complete facility for fa shion goods." A more complete brzak3own of retail an3 servica space follows: Food 40, 000 sq. ft. Dtug 30, 000 sq. ft o Hardware 301, 400 sq. fto Depa rtment store 110, 000 sq. ft e Departmenfi store 60, 000 sq. ft. Tire, battery, & Accessflry 10, 000 sq. ft. Misc. Shops 75, 004 sq. ft. TOTAL 355,,000 sq. ft. (We a s sume the se pro j ections represent approximatf ons sf nce the submitted plans show 400, 000 sq o ft. of space. ) -1- ~ ZE-61-75 AGR TO CviviM (Cont'd) . _ Elevation sketches oi the proposed facility revsal primarcly onz-story sttvctures, although the roofs may project an a33xtional stoYy to accornmadate • air conditfozing and othzr utxlity space. Approxfmately 2, 500 car park spaces have been projected, roughly oo.~forming to Zoning Ordinance reqtsirements. (An exact requirement cannofi be determined until specific uses and thafr square footage requirements are presented.) The shoppfng center would access directly onto Broa3way Avenue and Sullfvan Roado Although the facility adjofns Interstate 90, access would be via Sullfvan Road and the Sullivan interchangao 4) Legislatfon: A request to the Spokane County Planning Commission and ultfmately the Board of County Commf ssioners of Spokane County to change the zone of the the advertfsed property from the existing (since March 27, 1942) "Agricultural Zone, " generally a land-use classification for a 3istrict suitable for f arming and agrfcultural pwsuits, an3 single-family and two-family residences to the "Commercial Zone" generally a land-use classffication for a 3istrict s=litable for wholesale and retail sales an3 setvices. Revised Code of Washfn3ton RCW 36-70 allows the Commission to advertise and con3uct publfc hearings on such a request and forward a recommendation to the Board of County Commissioners who have the authorfty to znact such a change. As the Zea3 -agency, the Spokane County Planning Commissfon must tevLew the environ- mental ramiffcations of such request to determfne whether an Environmental Impact Statement fs required for evaluatioa of the project prior to an actioa on the zone change request by the Planning Commission. ~ 5) Neighborhood Characteristics: - The subject property is sffiuated in the northwest cornar of Grsenacres J "5" neighborhood and is bounded by Sullivan Road to the west, the Red Lioz Motor Inn fio the northwest.. Interstate 90 to the north, an open fteld to the east, and Broadway Avenua to the south o The neighborhoo3 pattern of the vfciruty an3 the connacting arterial systems are descrfbed as follows: 1) The Trentwoo3 Industrial District lies north of the Spolkane Rtver an3 is served primarily by Sullivan Road with connectzons to Interstate 90 at the Sullivan Interchange, and by Trent Road to the north. Ths fn3ustrial area is physically separate3 fro:n the shopping center proposal by Interstate 90, a ra tlroad branchline, and the Spokana Rivaro The area between the Spok3ne River and the Spok3ne Internatiozal Railroad and east of Sullivan Road, beginning approxfmately I/4 mile n orth of the proposal was recently reviewed extensively for a sizeable (230 acxz) sand and grav2l opera.tian zxtending into the aquifero An £nvfronmetital Im~act Statement was processQd in conjunction wtth tha applfcatfoa for opera.tion parmits. Hillyard Processing an3 Sullrvan Park occupy a tnangu- lar area bounded by the Spokana Rfvar to the south and west, Suilivan -2- , _ • S ~ J • / ZE-61-75 - AGR TO COMM (Cont'd) Road to the east, and the Spokane Intern3tioinal Railroa3 to the ncsrth. However, the bulk of the industn.al development, such as the Kaf ser Aluminum Rolling mill and the Spokana Industl-ial Park are over a mfle from the shopping cenfier proposal o Approximately three (3) sqTsar+e miles of area are zonzd for industrial, manufacturl.ng, and mining usss withfn the Trentwoo3 Industrfal Distric4. The staff is of the opfnfon that there would be no land-use conflict deserving special consideratfon between the existing industrfal area an3 the new shopping center, hovrr- ever, the impact of #hese facilities on Sullivan Roa3 and the Sullivan Interchange of Interstate 90 will requfre actensive review along wfth potentials for afr pollution. (See later comments,) 2. Greenacres "5" neighborhood is bounded by Interstate 90 to the north, Sullivan Road to the west, Sprague Avenue - Appleway to the south, and Barker Roa3 to the east. Arterials servfng the residential nzighbor- hood f nclude Sullivan to the we st, Sprague Avenu~ and Appleway to the south, B3rker Roa3 to the east with Broadway Avenue and Flora Road serving as secondazy arterfals. All Commercial developments are on the edge of the neighborhood including the Re3 Lion Inn complex in the - northeast corner (Freeway Commercjal) the Greenacres Shopping district oz the north sidz of Anpleway, and limfte3 commercfal enfierprises along Sprague Avenue. at should be noted that most of the Sprague Aveauz frontage properties within this neighborhood are pnmarily residential in character including trailer courts, small apartments, converted motels, and approxiYnately 20 residences, The only heavy commefcfal activities along this portion of Sprague Avenua is a 3riv2-fn restaurant, a motorcycle shop, and a building matetials store. ) The nelghborhood is In the process of a transitfon from acreage tracts and truck farms (Vera viras platted into 10-acre parcels, many of which were su'odivided fnto smaller acreages for homesite4 fnto standard single- family lots. The Friske Additions to the south of the shopping center proposal has been the most signficant in3icator of this transftio-ri. The ownerships to the north of Btoadway Avzzue hava, for the most part, bezn retain.ed in comparatively largzr ownerships. With the exception of the Frfske subdivfsions, ths ownerships within the neighborhood a3joining the shopping center proposal are acreage wnth occassional homesites. A fxre station has bezn 31-aveloped on the sauth- east corner of Broadway an3 Sullivan. The staff Ys of the opinion that the shopping center would have a measurable an3 LmrnedLate fmpact on the future develop:nent of these acreage propertfes. Because the resfdazces - 3- Q ` ZE-61-75 - AGR TO COM-1-A (Cont'd) within Fri,s'ce Subdivisioa are substantial wfthout acreagz, the shopping center would depreciate to the value of these residentral propzrtfies. Although the test of the nzighborhood has bezn slowly makinq the transition to a higher dezsity of residences, dsv2lopment of the shopptng celter would accelerate this trend causing a more actfve conflict between the subdivislon in=erests and the owners of acreage resfdential tracts. It i s the staff Qpinf on that the shoppinq center proposal wf II cau se ex- tensive land-use conflicts between the shopping center azd a3joirung properties and will accelerate the development of the balance of the neighbo.rhood o Such a poteatial impact should be more specifically addressed with options investigated for assurfng a satisfactory transition between the shopping center and the residential neighborhood to the south and ea st. 3) Progress neighborhood to the west of the shopping csnter proposal is bounded by Interstate 90 to the north, Sullivan Road, an artenal, to the east, Sprague Avenue, an arterial, to the so«th, an3 Evergreen Road, a secondary arterfal, to the west. Other secon3ary or collector artenals passLng through the neighborhood inclu3e P.lams Roa3, Missfon Avenue, and Broa3way Avarriea As contrasted to Grezn3cres "5", Progress nefghborhood has been substantially develope3 with single famfly lots. Thz remainfng acreage tracts are being rapidly replatted for sin3l6--family lots. Except for a Freeway Commercial project t along the west sfde of Sullivan Road between Broadway and Mission Pv:nues, an3 a commercial area on the northwest corner of Sprague and Sullfvan, the nzighborhood fs devoLd of ` Commeraial activities, even alonq Sprague Avanue. The major land-use impact of the shopping center wL1I be along the northeast corner of thz. nsighborhood within a 1/4 mile of the shopping center. If the Freeway Commercial area is developted as pro]ected, residences to the north and west oi Bro3dway and Sullivan will have some transztional amenities. However, approval of the shopping center mfght force ovvners of the Freeway Commercial properties to re-evaluate their plans and re- submit Commercial requests which could havc., a potential fmpact on these residences. The southeast cornar of Broa3way an3 Sullivan has bezn platted and developed as single-family lots. The shopping cezter would most certainly re3uce th~ valus of the sz propertf e s. - 4- 7 J 1 ~ ZE-61-75 - AGR TO COMUI (Cont'd) . Approval of the center would also increase pressures for Commercial - activities along Sullivan Road resulting in furth~r nefghborhood considerations o CONCLUSION: The shopping centar would have a dramatic affect on adjoinfng resfdential devalopment and would fncrease the rate of conversfon of acreaqe tracts into suburban lots. Increassd trafffc (reviewed later) would also alter the character of the current secondary artenals, genzrally increasing trafffc throughout the nefgilborhood. The amount of fncreased traffic should be determined in order to evaluate the traffic impact oa neighborhood streets. 6) Physical Characteristics• Thz a3vartised property is situated on a small bench ovarloo;:ing Interstate 90 and the Spo'tane River to the north. Although the property avpears relatfvely flat at the. intersection of Broa3way and Sullivan (elevatfon 2,040) ft drops rather gra3ually to the 2, 020 contour near the frezway. The slopzs oi the property arz geztle znough to allow Commercial development. Generally, the property is 100 feat in elevation 3aova the Snokane River. The site is composed of the Garnson G7rava?s common to the floor bf the Spokaze Valley. The aquifer's hfgh water elevation in this vlcinity fs 1948 feet, placing the water table about 80-90 feefi below the surface. Although thete may be some slight runoff frorn thz. propetty during unusual wzather con3itfons, surface water is normally absorbed by the gravel soils on the property. Th.e stfie has been cultivated, thus remo-vi.ng most native vegetaltfon. As with much of the urbalized Spoka.ne Valley, wildlife has been lfmited to birds and animals with mobility and a3aption to changfng agricultural pa-Lterns. The site 3oas not come in contact with the shorelinz of a water body or a 3asfgnated floo3 plain. The staff is of the opfnion that the physical characteristics of the site would not r2s~nct or lfmit potential development if sufficient measu.-es were taken to install drywzlls to handle surface runoff from the paved a:eas (See responss to qssstiozz3ire completed by applicant.) and a safilsfactory ssw-~ ge treatment system werz installed. - 5- 4 . ~ • i ZE-61-75 - AGR TO COVIM (Cont'd) . 7) Project Requf rements• Certain envfronmental fnformation relative to the proJect has been recraested of the applfcant who has furnished a fiva-page report telativa to the phystcal deveIopment of the pro3ect. Most of the quesitions relate to the development phase fncludfnq energy useage, water useagz, refuse handling, sewage treat- ment, nof se ge;teratfon, emissions from buildings or operatfonsr fire hydrants, etc. 8) Ttansporta#ion, Afr Pollution Pronlems• Perhaps the most critical environ--nafAal concern assoctated with the project is the amount of traffic which might be generated by the shogping center and the resulting air pollutfon from such traffic. The State Higaway Department, Spo;cane County Enginaer' s Office, Spokane Metropolitaa Transportation Study, and the Spokane County Afr Pollution ContLro2 Au`hority wera contacALed by the Planning staff. Notable are the responses from SMATs azd the Air Pollutfon Coz,.rol Authorfty (attached) . The staff would conclude fro.n conversations and comments receivad from these other agencies that m mn tnor+e fnrormation must be developed in ordsr for the staff a-nd the Plarming Co:nrnission to evaluate the full fmpact of this project on artertal an3 neighborhood traffic and resulting air pollution potential. ~ 9) Recommendation: The staff is oi the opinion that the scale of the shopping center propos3l is sufficient to warrant an Envatonmental Imp3ct Statement for the pro►3ect. 1~0 date, the Planning Commission or its staff have revfewed a.d a8s.sisted in the preparation of two Environmen:al Impact Statements, notaaly - Rowzdup Grocery on Jackson Avenue, a wholesale grocery distrfbufior~ and the Suuivan Road S3nd and Gravel 4geration to the north of the Sp6;c3ne Rfvrr. We feel that the magnftu3e of this region3l shopping center fn co.-LijunctLoz wfth the fncreased trafffc generated by the center would requfre an i.nvestIgatLOn tlzrrough the Environmental impact Procedure, The applf cant snould consult with the Planning C3*ornmission staff an3 the Prosecuting Attornay's Offfce to negotiate a pragram for pi-aparation of the Environmental Impact Statement. When p:eparz3, the statzment wauld bz revietived by the Commission in accordance with SEPA Guidalizes prior to a0tion on the zonz ch3n-gz reques`, - 6- . AtR POLl~~~ON CONTRaL AUTHORITY POKANE • cNnr January 7, 1976 Mr. John Konen , Spokane County P1 an Commissi on North 811 Jefferson ' Spokane, Washington 99201 Dear John: We have reviewed the information that you provided us on the proposed regional shopping center to be located northeastof the Broadway and Sullivan intersection. The proposal calls for 400,000 ft2 of gross leasible floor space and 2,500 parking spaces. The impact of the proposed shopping center will depend upon the average daily trip generation rate and the impact of traffic volume demand on access " roads as a result of the operation of the shopping center. Based on estimates for other simi 1 ar devel opments i n thi s areal and i nformation in the 1 i terature2 it could be expected that a development such as this would generate 30 vehicle trips per 1000 ft2 gross 1 easi bl e fl oor space per day. At thi s rate the center would generate an average of 12,000 vehicle trips per dayo An allocation of these vehicl e tri ps to the access roads in the area woul d requi re a rrore detai 1 ed analysi s. Sul 1ivan Road wi l 1 be a major access route to the pro- posed si te. The current average dai 1y vehi cl e tri ps on Su11 i van Road north of Broadway is about 9,000 vehicles per day: Thus, it can be assumed that this development will significantly increase the vehicle traffic on the access roads to the proposed shopping cente r. ~ Nei ther the Spokane County Ai r Po11 ution Control Authority nor the Depart- ment of Ecol ogy operates a carbon monoxi de monitori ng station near the si te i n question. Estimates of the ai r qual i ty i n thi s area, however, were made in connection with a complex source review of the recent expansion of the Red Lion Inn. The Red Lion Inn directly adjoins the proposed shopping center site. The results of this review, attached as Appendix I, indicated that the exi sti ng carbon monoxide 1 evel s i n the area are margi nal . The proximl ty of the freeway i s a si gnifi cant factor. lEstimate by Alvin J. Wolff, Inc. for University City East Developmento 2EPA, Methods for Estimating Emissions in the Vicinity of Regional Shopping CentQrs. ADDRE55 REPL.Y TO SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY NORTH 811 JEFFERSON - SPOKANE. WASHtNGTON 99201 . f Mr. John Konen Jan ua ry 7, 1976 Page 2 . The Spokane County Ai r Pol l ution Control Authori ty does operate a carbon monoxide monito ring station in the vicinity of Northtown. The station is located three blocks north of the Northtown Shopping Center in the Department of Natural Resources Office Building. This station has been operating since February, 1975. The data from this station indicates that the ambient levels of carbon monoxide frequently exceed the federal standard of 9 ppm for an 8-hour average. Level s woul d be hi gher closer to the shopping center where traffic density is higher. Based on the information from the Department of Natural Resaurces monitoring station and the air quality modeling done in conjunction with the Red Lion Inn expansion, it is our determination that the operation of the proposed shopping center would have a significant impact on ambient air quality and cause the ambient air standard for carbon monoxide to be exceeded in the area. The ambient air standard of 9 ppm carbon monoxide over an 8-hour period has been established to protect the public healtho An exposure of eight or mo re hours to a carbon monoxide concentration in excess of 9 ppm has been associated with adverse health effects as manifested by impaired time - interval discrimination, impaired psychomotor response and physiological stress in patients with heart disease.3 The potential impact of this facility is so significant that we feel a detai1 ed ai r qual i ty revi ew i s requi red before authori zation *for the project i s gi ven. Such a revi ew shoui d i ncl ude actual ambi ent ai r moni tori ng for carbon monoxi de i n the vici ni ty of the proposed si te and a mi cro-analysi s of the air quality impact using mathematical diffusion models. . There are many potential mi ti gating actions that coul d be taken by the developer to reduce the ca rbom monoxide impact. These might include, but are not limited to, the following: 1. A conim tment by the bui1 der to bui 1 d or i mprna►e arteri al s for si te access. Thi s woul d be parti cul arly important for Sullivan Road which is only two lanes from Sprague north to the freeway, and Broadway which is only two lanes in this area. 2. Reduction in the number of parking spaces. 3. Provision for additional entrances and exits to the parking area. 3EPA, Air Quality Criteria fo r Carbon Monoxide, 1970 . ~ IL . Mr. John Konen Jan uary 7, 1976 • Page 3 t 4. Provi si ons for ful l time parki ng 1 ot supervi si on. 5. Comm1 tment by devel oper to encourage al ternate methods of transportation which could include: A. Commi tment to assure transi t servi ce to the si teo B. Provi sions for bi cycl e parki ng, and C. Parking charges. 6. Operation of a carbon monoxide monitoring station on the site. We believe that the impact of these and other mitigating actions shoul d be thoroughly evaluated. In surt~nary, i t i s our determi nation that the proposed shoppi ng center at this site will have a significant impact on ambient air quaiity. A detailed air quality analysis of the impact of the shopping center and ootenti al mi ti gating actions shoul d be required before authori zation for the project is given. Sincerely, t J. M. Fran k, Ai r Qual ity En gi neer , Spokane County Ai r Po11 ution Control Authority JMF: mc Attachment To: P1a=ir..Q Ca=uissfaa Date: Sanua.. 197b- Fs.-om: Garv Xea:.219, Plaaninx S Traffic Divisioa Ea$ineer qdx~'-ILL . Subject: Pro-aosAd Regional Shonvinx Center Zone - Bxoadwa-f and Sullfvan • a 0 A. ravieW of the proposed developmeat plaa indioate9 a nvmber of areas Mot additioaal infor- raatioa or consideratioa should be pravided before aay fisal recommendatioa is givea gp this -departmeat . ' . It is appareat fro~ the site plan that the developars have aot takea iato co=eaiderat3.oa aay a3verse traa;fic impact tbeir added traffic may have oa the existing road network whieh may result ia the a.eed for wideniag aad impraving the eaietin,g faailities. Oa Broadwary Aveaue, for instance, the site plaa is developed arouad the existiag substaadard 40 foot wide right- of -vay s.width. _Any additional rigbt-of -vay dedicatioa vill result ia a sigaiffcaat redasign of tne parkiag la-ycmt. . It also appeara tsat the proposed access poiats have beea deaigned wftbout consideratioa bo eaistiag accesa gofats aad ia the case of Sullivaua ~toad, access points approved far a pre vior.s zone chaage alocg the west side of the road. The pos9ibility of raised abanellizatio also has not been con.9idered in the proposad design of the nzajor access poiata. i~ dr' It -fll be necessary to aaalyze additional traffic information in the fors of projected totals, peak hour rlovs, phasing of developmeat constructioa, and anticipated traffic origias and de.stzaations, to detesmiae Which acce9s routes - Broadway, Sullivaa, Sprague Aveaue, I-90, e tc, deve lopment traf f ic will desire to use to determ3.ae if s ignificaat i=pact on tye eais=iag road system Will result and if so, to determine the appropriate szeps that cou13 b~e taken to bring those impacts to within acceptable Iimits. :iu,ch of this detailed data is not preseatlp available for analysis and would have to be obtaiaed bezore a final set of zone conditions could be recammended by tbi$ deparmeat. f 3~ ~ ; • l o T o -aaamo~~ ~ ~ 'TRANSPORTATION 5TUDY DIVISIQN Phona 509-456•4325 • ~ v : a - , RECEIVEL) January 6, 1976 JAN 7 1976 ~INE C~UNTY Mr. Charles L. Huggins SPOK PLANNING COMMlSSION County Plan Director Courthouse Spokane, Washington 99201 Attention: Mr. John Konen Dear Mr. Huggins: In accordance wlth Mr. Konen's request, we have examined the potential number of vehiclar trips that could be expected from constructlon of a proposed shopping center to be located at the northeast corner of Sullivan Road and Broadway Avenue in the Spokane Valleq. Slnce we were not provlded information as to the expected number of employees or the number of major generators (i.e., 100,000 sq. ft. GFA) within the center, we based our analyses on the expected 400,000 sq. ft. GFA with 38 developed acres. For comparison purposes, trip rates for existing Spokane area shopping centers were examined, t These analyses also znclude the assumption that the proposed shopping center would be a complex of retail stores with two or more generators (i.e., single full service department stores of 100,000 sq. ft. GFA or greater), having a common parking area., { accompanied by 30 to 50 small specialty shops. Assuming that the potential demand exists for an additlonal shopping center in the Spokane Valley, it could be expected to generate between 13,300 and I82400 vehscle trips per day, with a da11y average of approximately 15,900 trips. A trsp is de- fined as a one-way vehicular movement with elther the origln or the destination in- side the shopping center area. Using the average vehicular trip per day, traffic volumes along Sullivan Road and Broadway Avenue (bordersng the proposed center) would increase by a total of 152900 vehicles per day. Without more in depth analyses, including study of the location of the proposed market areal it is not possible to state how many of the vehi¢les will use each sectlon of adjacent roadway or thz existing interchange of Sullivan Road and Interstate 90. The 1975 traffic volumes along Sullivan Road between Inter- state 90 and Broadway Avenue vary from 7,500 to 99600 vehicles per day. These exlst- 1ng volumes indicate there is a need to make improvemeats to the existing two lane arterial. Hence, any traffic increases would strongly support improvement of Sullivan Road to a four lane roadway and upgrading of Sullivan overpass of I-90 to four Ianes. Channelization along Sullivan Road and Broadway Avenue adjacent to the shopping center would also be needed. d < < • ~ r Mr. Charles L. Huggins ~ January 6, 1976 Page 2 ~ It is erfiinent to p point out that current work undetway oa up3ating the Metropolitaa Area Transportation Plan recognizes the impending deficiency of Sullivaa Road south of I-90 as well as the deficiency of the two lane structure overpass itself. Hence, the improvement and upgrading of this section of Sullsvan Road is besng analyzed for inclusion in the work of updating the Plan. Construction of the proposed shopping center would affect both the timing and magnitude of these proposed improvements. As noted above, a number of assumpfilons were made in developing the above traffic estunates. If more detailed information on the number of employees and other charac- teristics of the shopping center are available, a more refined travel projection can be prepared. If you have questsons or if we can be of further asssstance, please contact us. Sincerely yours, 2! xv U~. Wayne T. Gruen, P.E. Transportation Study Dlrector - ~ RAV/$iTG/mkl t b. j ti ~ ENVIRONMENTAL QUEST10N5 RELATIVE TO ZE-61-75 - AGR{CULTURAL TO COMMERCIAL: JAMES S. BLACK BROADWAY & SULLIVAN . 1) What is the timetable for construction of fihe projecfi? If the project witl be cor~structed in phases, please delineate the phases cand give an approximate completion dcte for eoch. Ans. The orea will be designated as the locat3on far the regionol shopping center to serve the entire east Valley as demand develops and wi I l be constructed as tencnts are com- mitted. It is probable thct the first phase, including the supecmarket, hcrdwore and miscellaneous shop arec, the total of which is 85,000 square feet, wifl be constructed and completed within fihree yeors of dote, the balance in six to eight yeccs. 2) 1Nhot is the contemplated useful life of the constructed buildings? Ans. The buildings will be designed for fifty year life, although mvjor remodelling probcbly will occur every fifteen to twenty years. 3) What is nafiure and extent of excavation and grading for the project? Witt fihe final plan appreciably alter the topography or drainage of the site? Ans. The excavation and grading will be minimol. The site is essentially levet with a 1600' frontage on Broodway which slopes very slightly to the evst. The mojoriiy of the buildings wi11 be slab on grade construction. Excavotion from the bcsement vreos (service areos only) will be used on the site. Surface drainvge is currentty obsorbed on site. The proposed project will not alter this pattern. SurfQCe drainoge wili be handled on site. P. 4) How much of the area wi II be either surfaced or occupied by buildings? PleQSe give the design criteria and calculations for c draincge system. , Ans. The entire site is about 39 acres (1,698,723 squcre feet), of this area 434,520 square feet (9.98 ocres) will be buildings and approximately 1,000,000 square feet will be paved. The County Engineer's office uses cn empirical formulo of one 1200 gQtlon catch basi n per 25,000 squcre feet of paved orec i n the Spokone Voi ley. The bui !d- i ng areo wi I I requ i re 18 - 1200 gal I on catch bas i ns cnd the paved arec wi 11 requi re 40 - 1200 gcl !on catch basi ns .(Ref .:.lack Fi nney, County Engi neer), 5) Wi i I any variances be requested from the normol provisions of the Zoning Ordinance ? Aru . No. 6) Does any portion of the developoble site have slopes in excess of 15 percent? How wouid such slopes be addressed in the development? A z4oa 7LI J . Ans. No. . S-AP6 g4.~ o-w~t. '7 t 8 400i'" ~ ~ w• ~l~ o~ert,a•o dz. ~m~t.t. • ,~p~l~.r~ . r.~ s 7) Are you aware of any historical or orchaelogiccl features of the site? Ans, None, . 8) Please indiccte the contemplated energy requirements of the completed proiect. Ans, a) Electricity (KW's per mo, for B.T. U's per mo.) 433,000 KW hrs. per month; b) Gas (B .T . U.'s per mo. ) 32 therms per month; c) Oi1 (B.T.U.'s per mo.) None d) Sol id Fuels (B .T . U.'s per mo.) None. (Source : Wash i ngton Water Power Co.) 9) Please indicate the source of water for the proiect, the nature of the hookup ta the exist- ing water system, and the amount of water useage contemplated for the project. Ans. The water source is the existing water service availabte in both Sultivan Road ond Broadway Street served by the Vera Irrigation Company. The mcaimum woter useoge contemplated is 40,000 gallons per day. 10) Please indicate the nofivre of the sewoge disposal system for the project cnd the contemptated design ccpacity of the system. Wovld the proposol result in cny notcble deteriorotion in ground water quality as a result of handl ing chemicals, virus, bocteria or other substaRCes which would endanger ground wcters, t Aru. The sewcge system for the project will be designed for c 40,000 gcilon per doy capacity. An aeriafied system and drainfield meeting county and stote Depariment of Ecology stan-, dards will be installed. (Ref.: Ed Pickett , County Sanitarian) (Stcte Dept. of Ecology R. Sterl ing). The system wi t I be designed for eventval hookup to a centrol val ley system when such is cvailable. A comparison with cr residentiol development on the same site would be 4-bedroom house requires c 1,000 gcllon septic tank, 40 houses or cpproximateiy ] house per acre would require 40,000 gollon irt septic tcnk ccpocifiy. No notable defierioration in ground wcter quality will resu{t from the proposec# project. No substances such as chemicals, virus, bacteria or othen carmfu( mctters will be dis- charged i nto the system. M 11) Please project the traffic demcnds of the shopping center proposai on immediate streefi systems, arteriols, ond the Freeway Interchange. Also, indicafie the percentage of totvl troffic originating from the following market areas: 1) Neighborhood (within 1 mile of the project) 2) Idaho and porfiions of the Spokane Val ley enteri ng the Freewoy or Trent Rocd east of Sullivon Road. -2- . . 3) Spokane and portions of the Spokane VaiS,dy entering the Fi-eewoy or Trent Road west of Sullivan Road 4} Spokane Val !ey south of I nterstate 090 between Sprogue I nterchcrnge and Bcrker • ! nterchange . Ans. The arterial network is ideal. Sullivan Road provides occess from the North and'Soufih Val 1ey area, Broadwcy, Sprague and Trent. The Freeway wi I I carry the bulk of the traffic East and Vl/eat. The capacity of these streets is adequate for contemplated troffic. Because of the Freeway, traffic flow will be handled much better fihcn at University City or at Norfihtown. 1) 15% Estimate 2) 50°o Based on 1970 Census trccts and b~btropol iton Trarnportotion Studies 3) 50% is If „ 11 n 4) 50°lo u u u is n n u 12) Indicate the types of rcad improvements contemplated (such as widening and channelization) to better serve the shoppi ng center compiex. Aris. Sullivan Rocd has been widened and channelized. There is a traffic controt light ot Broadway. Broodway will be widened 10 feet on the North side as requested by the County Engineerinq Department to serve the shopping center. 13) Describe the type and quantity of emissioru caused by the projecfi: r Ans. a) Gases - None " ~ b) Smoke - None c) Dust - Minimal from paved parkirtg lofi. d) Clarity - None e) Odor - None 14) What type of dust control tschniques will be employed in the (a) construction phase; (b) aperafiing phase. If tfie project is developed in stages, what will be the dust control program for adja- cent arecs of exparuion? Ans. During the construction, the site will be watered during the dry season. During operation the parking areas will be swept and cleaned. If construction takes place in stages, only the area in the staged developed area will be disturbed. The creos for future development wi I I be left i n their naturcl state. -3- . ~ , 15) Would the proposal produce objectionoble noise levels other thon vehicutar trcffic? Describe the frequency and duration of such noise. Examples: air conditioners, btowers, refrigerafiion equipment. ~ Ans. No obiectionable noise 1evels will be crecfied. ° Air conditioning equipment, exhoust fans, etc. will be set back a minimum of 300 feet from the nearest residence. (Avercge set back 800'). No Ic,rge units will be used. The average fan RPM will be 1500 with a mcncimum D.B. of 85. Units will be roof mounted with perimeted sound and sighfi baffles thus directing any sounds in on up- ward direction. 16) What features have been incorporated into the proposal for rire protection, police protection, hand I i ng of so! id waste (wcstepaper and garbage) ? Ans. Fire hydrants on site; compactors will hcrdle the solid waste. 17) Would the faci I ifiy impede the view of others ? Ans. These are single story structures. 18) What steps have been taken to mitigate or rectify adverse enviconmenficl crnd sociat effects of the proposal or to enhance or improve the existing environment? ` Aruw. Professional landscaping, screening, and traffic control cs per recommendations of Traffic Engineer. 19) Whct beneficial aspects accrue from fihe proposals? t Ars. a} Economic benefits. . 1) Costs of construction are estimated at appravcimately $8,000,000 when com- pleted. This wi I I result i n a great many constructicn jobs. j 2) The developmenfi should pay in the vicinity of $830,000 in taxes per year. P I us ofiher taxes assoc i a ted w i th the bus i ness . 3) The development would result in about 200 or more pecmanent jobs, b) Social or cultural benefits. Because of tcaces paid, County ond State Government should be better oble to provide for social and recreafiional and cultural benefits for the citizens of the Va 11 ey . c) Segments of community who benefit from action. 1) Workers wi I1 benefit from more jobs. 2) 4ther business will benefit from supply secvices and motericls fio the center. -4- . 3) Government will benefit from increased revenue. 4) Public will benefit from having shopping cenfiralized in convenient pfannetf • _ area rother than segmented through the Valley. ~ - ~~CEIVEC JAN ? 1976 SPOKAidE COUiVjY PLANNlN6 COMMlSSION t ~ . _ g_ kVnSHItiGTOv STr1TE .r•~' - H-CHWAY COMM7SS- ON ~ DEPART\1ENt OF HIGHWAYS o ~ y i Office of O+strict Engineer N 2714 Mayfair Street °-A+•.W.,,, a Box 52!$9 North Central Station Spokane. Washington 99205 e 1 January 5, 1976 , Mr. Charles Huggins, Director Spokane County Planning Commieaion North 811 Jefferaon Street Spokane, Washington 99201 - Spokane County Planning Conamission ,6yenda - January, 1976 Dear Sir: Thie office is in receipt of the agenda of your January 9, 1976 Planning Commiasion Meeting and would couaaent on the following item: ~ ZE-61-75 This office is concerned with the impact on the traffic volumes - on Interatate 90 and the Sullivan Interchange Ramp stich a proposed development would have. Please consider requiring the trafffc impact etatement for our review and camment prior to final approval of rezoning parcel. , e truly yours, ~ ~ i ~.~f ALTER R. HO ING, P.E. District Engineer WRH : r lh RRE Attach. cc : RREarnes t HBAshford RecordControl,Hqs. JAN 719i6 sPoKANE coUN iY t'LANNlNU CnPAMISSION B,:ker Ferg,#suii Cirsrrrrran A t! Par.%tr Howa►d Soreiiven YrrgrntQ K Gunhy !►rlta Butler Kamert Harold L. Boulcc V4alfa Aalla Bremerton E11anchvrv _ _ APPENDIX I - f , ~3:r~ V~~t~JV ~~ati ~ ROL A~L7 T ~~ORITY L u~ {c liiY . A MEMO T0: The File FROM: Jim Frank, Ai r Qual i ty Engi neer DATE: June 18, 1975 SUBJECT: RED LION INN - Compiex Source Review The review of the application for construction of a compiex source submi tted by Thunderbird, Inc. has been compl eted. The project proposes the construction of an addition to the Red Lion Inn Motel and assoczated parking lot expansion. The motel is located at the southeast intersection of Interstate 90 and Sullivan Road. The existing facility has 293 parking spaces. The applicant proposes an expansion to 416 parking spaces. [Carbon rr~onoxide rronitoring has not been conducted in this area. However, based on exi sti ng traffi c flow and data from other carbon ~ monoxide monitoring stations, it is estimated that the background carbon monoxide levels in this area do not exceed 5 ppm. The impact of this facility on ambient carbon monoxide levels was modeled for the year 1975. Our review indicates that under the worst case condi tions, the ambi ent carbon monoxi de 1 evel s wi11 not exceed the Federai standard of 9 ppm for an 8-hour average. ~ The maximum carbon monoxide impact was determined to be in the vicinity of the intersection of Interstate 90 and Sullivan Road. There is a park located in this area but there are not residential units in the area other than the motel itself. At this intersection the carbon monoxi de concentration was estimated to be 8 ppm under worst case ' meteo rological conditions. The applicant has obtained a variance from the Spokane County Planning Commission to reduce the size of the parking lot expansion. In addition the appl i cant has inc:icated i nits appl i cation i ts commi tment to encourage carpool ing and bi cycl ing by employees and use of mass transit by guests. Based on these fiactors and the relatively insignificant impact o T thi s faci 1 i ty on ambient carbon monoxi de 1 evel s, i t i s our intention to approve the appl ication without conditions. . JMF: mc . . S , . ~ • ADORESS REPLY TO SPOKANc COUNTY AIR POLLUTION CONTROL AUTH RITY ~ NOiTH 811 JEFFERSON SPOKANE. WASFIINGTCN 99201 ~ 1 ..r . iift3rch 18, 1976 MEMORAi1TDUM T O: Mr. Jerry Neal FROM: Charles L. Hugqins SUBJECT: Interim Policy Re Environmental Impact Statements. The Commissioners have expressed to rine their concern that the County should not bear the cost of preparation of E'tS's (as opposed to assessments which I presutne we would continue to prepare). Their concern was triggered by our conciasion that an IIS would be necessary in connection vyfth the jim Black appl#cation for a regional shopping center at Sullivan and the, Freeway. They asked me to draft an lnterirn policy staternent which wouid def#ns the County's positton unttl a more complete policy couul be incorporated into an ordinance as required by the WAC. As you wtll note from the enclosed dra#t, I have also emphasized a procedure for assur3nq that a qualified and impartial effort would be rmade in preparat,ion of the E.I. S. Without some procedure to assure this, I feel that the process could become a sham. WOUld you plebase review thls prelimir.ary draft in particular for possible incon- sistencfes with the Act. Then we can perhaps schedule a meeting with the Commissioners. 0 CHARLES L. HUGGINS Enciosure CLH:cm%v ~ ~ ~ You are hereby notified, that vn ~ ~t ~ Ctt the hour a~f ~ : ' ~ of said day in Canf~erence Room A, Mallvn Aver~ue En- trance, Spokan~ County Ca~urt House Annex, Spokane, 11~1ashington, The SPaKA~E C~UNTY PLAN~VING C4MI~IS~ S10N wifl car~~uct a publit hearNng to G~ ~ A E~ ~ lv ~Et k~'~ iui ~ h ~`,A L i ~ P!►4 T TAT ~ ~3 ~ ~tT C~ ~ ~4:~._I+~~~ ~ A ~3 G ~ 2~-~~ ~ ~ ~~~~~t~L~~~~►z~T+~''~~~~~ 6~~~~~~~~ f~Y~I~~ ~~~~~~"~G~L~'~~t~l~ C~~ Ppf~P~p'~Y ~~1NC~ ~~UPt~6~~ F~~ ~l Cf~~~'~II~C C~~.T~~, General description of area: ~ ~ ~4 ~ ~ ~r~ ~R~ ~r ~ ~ '~i~'~e1~ ~~rR+~` . i?! 1~7ii1~1~~! f~r~ ir R~'EAi L~ ~V~sL~~1A4v r J~ •~'Ti~~~+~r ~ 5 x~. ? 't'H h ~~S , ~'?s ~ 1308. F~; T~ $ ~9 ry6 . f~' ~ l~~` V~A►Y ~F ~R~11~ N~+`AY~ ~1~Ai~~ 1~` AT~ ~t~l~~` U~" 1NAY ~.s !T ~~~I'~~It~~~ ~G~~ ZhJkT' ~~t'~CrI~ 1~1~~.[iDB~ ~~i Ri~HT ~~Il' C~F INT~'~1T~ (~t:~~~~w ~~rr~r ~r~~~dw~y ~n~ ~u1ltr~~~ FaR FURTHER DETAILS contact the Spakane Ct~unty Planning Commission, Public Wnrks Bu~lding, N. 811 Jeffer- . son 5treet, Spakane, W~shingtan. x~f~~ ~ airac~or of Planning Spakane Counfy Planning Commission FORM 9d8 PLNG. COMM, 3-OS