1642 - Resolution - Olympic Terrace ApartmentsRESOLUTION NO. 1642 ✓
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON SETTING
FORTH FACTS, FINDINGS AND CONCLUSIONS RELEVANT TO THE APPEAL
TO THE MITIGATED DETERMINATION OF NON -SIGNIFICANCE ISSUED ON
OLYMPIC TERRACE APARTMENTS PROJECT, WILLIAM PALMER AND GUY
SPENCER, REPRESENTING PRIMARK CORPORATION, APPLICANT
WHEREAS, a City of Port Orchard Environmental Checklist was submitted for
the Olympic Terrace Apartments Project, Primark Corporation, Applicant; and
WHEREAS, the City of Port Orchard responsible SEPA Official did issue a
Mitigated Determination of Non -significance (DNS) for the Olympic Terrace Apartments
Project; and
WHEREAS, the City did receive an appeal to the Mitigated Determination of
Non -Significance for the Olympic Terrace Apartments Project; and
WHEREAS, the City of Port Orchard SEPA Appeal Board did hold a Public
Hearing on July 23, 1993 to receive testimony and evidence relevant to the Appeal of
the Mitigated Determination of Non -Significance; and
WHEREAS, the City SEPA Appeal Board did consider the facts of the
appeai(s), testimony and materials presented at the hearing.
NOW, THEREFORE, THE CITY OF PORT ORCHARD SEPA APPEAL BOARD DOES RESOLVE
AS FOLLOWS:
THAT the City of Port Orchard SEPA Appeal Board does deny the appeal to
the Olympic Terrace Apartments Mitigated determination of Non -significance as filed by
the South Kitsap School District #402 as follows:
APPEAL #1: South Kitsap School District #402 regarding school impact fees for capital
construction.
Fact: (1) Multiple unit housing proposed within this project will increase
student population of South Kitsap District #402.
(2) City policy has been to reduce the impact to the school system,
mitigation fees will be paid when the City adopts the required
implementing ordinance for school impact fees.
Finding: (1) School impact fees are an acceptable means to mitigate the impact on
the schools. Any application of school impact fees would need to be
consistent with city policy. There is a need to mitigate the impacts of
this development on schools.
(2) The City`s policy which by literal interpretation would provide for
retroactive billing of impact fees for unlimited years could place an
undue hardship on future owners.
Resolution No. 1642
Page 2 of 2
Conclusion: Based on testimony, materials presented and findings of fact, the Port
Orchard SEPA Board of Appeals does hereby deny the South Kitsap School
District #402 appeal and does further uphold the Mitigated Determination
of Non -significance in regard to school impact fees by requiring that "To
reduce impact to the school system, mitigation fees will be paid at the
time of building permit issuance, if the City adopts a general
implementing ordinance for school impact fees prior to the date that a
complete building permit application is accepted. The proponent can also
mitigate the impact to the school system by negotiating a settlement with
the South Kitsap School District".
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this 9th day of
August, 1993.
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LESLIE J. WEATHERILL, MAYOR
ATTEST:
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Patricia Hower, City Clerk