July 31, 2000
by Lisa Allen
Valley View Editor
DUVALL‹The city has completed its review of studies done on impacts of the Safeway project on a neighboring property and a new Modified Mitigated Determination of Non-significance (MDNS) has been issued, according to Duvall City Planner Doreen Wise.
The studies were ordered by a judge in response to a lawsuit by Bob and Marise Schader, owners of Boxhill Farms, a nursery across the highway from the Safeway project. A stop-work order on the Safeway project was ordered by Judge Kathleen Learned on March 10.
In the ruling, Judge Learned ordered further studies after finding that an earlier Modified MDNS issued by the city did not consider enough impacts of the project to Boxhill Farms. The Schaders raised light, noise and safety issues due to the relocation of Big Rock Road which will exit across from the nursery driveway.
Wise said the latest studies concluded there will be no adverse impact from noise, but mitigation measures were increased slightly to deal with light and glare.
There will be three options offered to the Schaders, she said.
Those options will include either the installation of an eight-foot tall solid wood fence and full screening landscaping installed by Safeway, a cash offer to the Shaders from Safeway in lieu of the screening work, or, if within 60 days Safeway cannot get access approval for the improvements or a written statement from the property owners to agree to accept the cash offer, Safeway "shall install a WSDOT approved mesh barrier in the right-of-way in a location that will mitigate for the light and glare impacts."
The previous Modified MDNS stated that light and glare protection will consist only of full-screening landscaping and fencing.
Wise said Safeway paid for all the studies, done by four different consultants.
"Our goal was to do what the judge said," Wise said. "And we found the mitigation was adequate in light of the impacts."
Wise said issuance of the Modified MDNS will be followed by a 14-day public comment period, which ends August 14 at 4:30 p.m.
"We will take into account all the public comments and review the mitigation," she said. "If no comments are received that would result in amending the MDNS, the next step would be to lift the red tag and allow construction to continue."