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1619 - Resolution - Poplar Street Apartment ProjectRESOLUTION NO. 1619 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASH INGTON SETTING FORTH FACTS, FINDINGS AND CONCLUSIONS RELEVANT TO THE APPEAL TO THE MITIGATED DETERMINATION OF NON SIGNIFICANCE ISSUED ON THE POPLAR STREET APARTMENT PROJECT WHEREAS, a Ci ty of Port Orchard Env i rormenta 1 Check 1 i st was submi tted for the Poplar Street Apartment Project, R.D. Manning, proponent, and WHEREAS, the City of Port Orchard responsible SEPA Official did issue a Mitigated Determination of Non significance (MDNS) for the Poplar Street Apartment Project; and WHEREAS, the City did receive an appeal to the Mitigated Determination of Non -significance for the Poplar Street Apartment Project; and WHEREAS, the City of Port Orchard SEPA Board of Appeals did hold a Public Hearing on October 12, 1992 to receive testimony and evidence relevant to the Appeal of the Mitigated Determination of Non -significance; and WHEREAS, the City SEPA Appeals Board did consider the facts of the appeal, testimony and materials presented at the hearing. NOW, THEREFORE, THE CITY OF PORT ORCHARD SEPA APPEAL BOARD DOES RESOLVE AS FOLLOWS: SECTION 1: THAT the City of Port Orchard SEPA Appeal Board does deny the appeal to the Poplar Street Apartment Project Mitigated Determination of Non - significance as filed by the Suquamish Tribe based on the following Facts, Findings and Conclusion: APPEAL: The appeal filed by the Suquamish Tribe is primarily that substantial information about the proposal is lacking for review. FACT: The City Engineer is the responsible SEPA Official and is required to make a threshold determination for proposals. In March of 1978, an Environmental Impact Statement was prepared for an apartment complex at the subject site. The project zoning was established with Ordinance No. 1060 R.D. Manning proposed project construction in 1992. As a formal step to review the validity of the EIS, the responsible SEPA official required the developer to complete an environmental checklist. Resolution No. 1619 Page Two of Two In September 1992, the responsible SEPA official issued a Mitigated Determination of Non Significance as follows: 1. Make the project comply with school impact fee ordinance when one is passed; 2. Require Best Management Practices for the treatment of stormwater; 3. Upgrade Poplar Street; 4. Establish a wetland buffer, after a study is completed. FINDING: The City's responsible SEPA official required project proponent to submit an Environmental Checklist. After review of the checklist a Mitigated Determination of Non -significance was issued to provide the city the authority to require development to meet the more stringent current requirements for wetlands, erosion control, stormwater, Poplar Street road infrastructure needs and potential school impact fees. CONCLUSION: Based on testimony, facts and findings the Port orchard SEPA Board of Appeals does hereby deny the Suquamish Tribe appeal. 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 26th day of October, 1992. LESLI j. WEATHERILL, MAYOR ATTEST: Patricia Hower, City Clerk