Colbert Rezone Hearing Canceled

Thu., June 24, 1999

By Kristen Kromer kristenk@spokesman.com

Blame it on the wind, or possibly a vandal.

Last week’s scheduled hearing regarding the rezone of about 4.6 acres near Colbert Road and Highway 2 was canceled because the sign posted on the proposed development site to let people know about the hearing was knocked down. The sign was also missing the required State Environmental Policy Act determination notice.

No one was sure how the sign was upended.

Harley Douglass applied for the rezone from semi-rural residential to neighborhood commercial for the purpose of developing a strip mall with 13 potential retail businesses and 136 parking stalls. So far there has been no indication of what type of businesses the mall would contain.

The project file contains more than 100 letters of opposition to the project, most from area residents expressing concerns of increased traffic, decreased quality of life, increased noise and air pollution, inconsistency with the comprehensive plan, possible contamination of the existing aquifer and negative impacts on rural lifestyles.

County Hearing Examiner Mike Dempsey decided to strike the hearing rather than collect hours of testimony that could ultimately be nullified because improper notice was given.

The land-use applicant is responsible for providing two types of notification to the public for most hearings. The applicant must post a sign - at least 4 feet by 4 feet - on the proposed site fronting and adjacent to the most heavily traveled public street at least 15 days before the hearing date. It must be constructed of a material able to withstand normal weather conditions.

The applicant is also responsible for mailing notices of the hearing to all property owners within 400 feet of the proposed site. The building and planning staff publishes a legal advertisement in the newspaper as well.

Though each notice requirement was fulfilled, residents noticed the sign was often knocked down and complained that its placement - between two telephone poles - made it difficult for passersby to see.

Cliff Cameron, Douglass’ agent, said that he righted the sign three times when he noticed it had been knocked down.

Dempsey said that notice is fundamental and that after Cameron righted the sign the first time, he should have made sure the SEPA determination was also affixed.

Without proper notice in place, Dempsey was unable to continue the hearing. He asked, however, that it be rescheduled as soon as possible.

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