1612 - Resolution - Village Square ProjectRESOLUTION NO. 1612 v"
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON SETTING FORTH FACTS, FINDINGS AND
CONCLUSIONS RELEVANT TO THE APPEAL(S) TO THE
DETERMINATION OF NON -SIGNIFICANCE ISSUED ON THE
VILLAGE SQUARE PROJECT, PAT LOCKHART, OWNER OF
RECORD
WHEREAS, a City of Port Orchard Environmental Checklist was submitted
for the Village Square Project, Pat Lockhart, owner of record, and
WHEREAS, the City of Port Orchard responsible SEPA Official did issue
a Determination of Non significance (DNS) for the Village Square Project; and
WHEREAS, the City did receive three appeals to the Determination of
Non -significance for the Village Square Project; and
WHEREAS, the City of Port orchard SEPA Board of Appeals did hold a
Public Hearing on July 27, 1992 to receive testimony and evidence relevant to the
Appeal(s) of the Determination of Non -significance; and
WHEREAS, the City SEPA Appeals Board did consider the facts of the
appeal(s), 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 Appeals Board does deny the
appeal to the Village Square Determination of Non -significance but mitigates the
DNS as follows:
APPEAL A: South Kitsap School District #402 regarding school and student
impact.
Finding: Multiple unit housing proposed within this project will
increase student population of South Kitsap District #402.
Fact: 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.
Conclusion: Based on testimony, materials presented and findings of fact,
the Port Orchard SEPA Board of Appeals does hereby mitigate
the Determination of Non -significance in regard to the South
Kitsap School District #402 appeal by requiring that at such
time as the City of Port Orchard establishes school impact fee
policy(s), the Village Square Project, Pat Lockhart, owner of
record, shall pay school impact fees in accordance with such
fee policy(s).
Resolution No. 1612
Page Two of Four
SECTION 2. THAT the City of Port Orchard SEPA Appeals Board does deny the
appeal(s) to the Village Square Project DNS filed by Gayle Helseth-Kenison, Helen
Havens -Saunders and Don Lorimor as follows:
APPEAL B(1) The DNS fails to consider the enormous increase in car trips
that this development will generate when built out, with many
of these cars turning left to go to Highway 16. The sight
distance onto and from Tremont Street is extremely poor, and
will result in many accidents.
B(2) Consideration of public health and safety due to increase in
traffic flow needs further efforts.
FINDING: The project will increase the traffic volumes on the adjacent
streets.
FACT: Traffic mitigation measures will be considered as an integral
part of future land use actions; and have been adequately
addressed in the Traffic Analysis Report.
CONCLUSION: Based on testimony, materials presented and findings of fact,
the Port Orchard SEPA Board of Appeals does hereby uphold
the Determination of Non -significance in regard to traffic
impact as there is not a significant adverse environmental
impact demonstrated.
APPEAL C. The DNS fails to consider the massive amount of storm water
runoff created by a development of this magnitude with the
amount of impervious surface proposed. An off site retention
pond with this size of a development is totally inappropriate.
Considerable environmental impacts have already occurred to
Ross Creels and Sinclair Inlet with the clearing and grading of
this property.
FINDING: The stormwater from the project will be significantly altered
as compared to the stormwater prior to development.
FACT: Stormwater management will be required to meet the standards
as established by the Department of Fisheries and impacts
have been adequately addressed.
CONCLUSION: Based on testimony, materials presented and findings of fact,
the Port Orchard SEPA Board of Appeals does hereby uphold
the Determination of Non -significance in regard to stormwater
management as there is not a significant adverse
environmental impact demonstrated.
Resolution No. 1612
Page Three of Four
APPEAL D(1) The DNS fails to consider the Growth Management Act and
mandated changes upcoming in the near future for the
comprehensive plan for the area, as well as the required
coordination of planning between infrastructure (such as storm
water plans, schools, services, and roads) and land use
planning.
D(2) Consideration of the Growth Management Act and the Tremont
corridor plans need to be reviewed. Commercialization and
haphazard development on Tremont Street will result in
inadequate infrastructure and a total breakdown of city
planning.
FINDING: The Growth Management Act rules and regulations were
enacted to address and control urbanized development in rural
areas and encourage development of urban areas (cities).
Rules and regulations for growth management have not yet
been enacted.
FACT: This project is within the boundaries of an urban area and
thus Growth Management rules and regulations when adopted
will relate to projects of this size and nature.
CONCLUSION: Based on testimony, materials presented and findings of fact,
the Port Orchard SEPA Board of Appeals does hereby uphold
the Determination of Non -significance in regard to Growth
Management Act.
APPEAL E. Consideration of the damage to the neighboring wetland and
the salmon bearing stream (Ross Creek) has not been fully
addressed.
FINDING: The adjacent wetland will be impacted by the project.
FACT: The City shall establish buffer zones and require the project
to meet standards as established by the Department of
Fisheries and Department of Ecology as an integral part of
future land use conditions for this project.
CONCLUSION: Based on testimony, materials presented and findings of fact,
the Port Orchard SEPA Board of Appeals does hereby uphold
the Determination of Non --significance in regard to wetland
management as there is not a significant adverse environmental
impact demonstrated.
Resolution No. 12
Page Four of Dour
APPEAL F. Consideration of the continuous light from area lighting and
incidental light from vehicles need further though. Light will
cause major changes in wildlife inhabiting the adjacent wetlands.
F I NDI NG: Light from the project will be increased as compared to
predevelopment.
FACT: Illumination will be required to meet City standards as a part of
any future land use actions.
CONCLUSION: Based on testimony, materials presented and findings of fact, the
Port Orchard SEPA Board of Appeals does hereby uphold the
Determination of Non --significance in regard to increased lighting
from the project as there is not a significant adverse
environmental impact demonstrated.
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 10th day of August, 1992.
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LESLIE :1. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, City Clerk