Friday, April 19, 2024

Adventure Park MDNS approved by Hearing Examiner

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    A little less than a month later, a decision was made after the Adventure Park public hearing that harnessed in hours of community participation with testimony at the Leavenworth Festhalle on April 30. Andrew Kottkamp, hearing examiner, approved the Mitigated Determination of Non-Signficance for the project and affirmed the State Environmental Policy Act. This means that the Adventure Park project has been approved a Conditional Use Permit.
    The conclusion to the public hearing is the green light for the Adventure Park developers to begin Phase I of the project - this includes the Alpine Coaster and bungee trampoline that has often been points inserted in arguments from both sides of the controversy.
    "The city has not taken a position regarding the Conditional Use Permit, the city's role is to shepherd the process and ensure the applicants and the views of the public are heard," said Walinksi.
    Appellants argued that parking, traffic, noise, lighting, aesthetics and wetlands weren't properly addressed during the investigation for the Mitigated Determination of Non-Significance. A majority of those who spoke during the public hearing echoed this sentiment.
    Kottkamp sifted through each of these issues as presented and in the SEPA appeal decision document stated that these elements were adequately considered by the city of Leavenworth in the MDNS.
    "Based upon the findings of fact, the Hearing Examiner cannot find that the issuance of the MDNS was clearly erroneous and instead finds that the issuance of the MDNS by the city was legally sufficient," stated the Hearing Examiner's SEPA appeal's official document.
    A MDNS being issued doesn't necessarily mean that the environment impacts are eliminated. As long as the potential impacts are adequately reviewed by the city and mitigation measures are in place to minimize the degree of impact, then the city is in compliance with the State Environmental Protection Act.
    "From my perspective, the city's role in this process has been to guide a fair process and be diligent. The upholding of the SEPA, does support that perspective. The Hearing Examiner's decision regarding the SEPA Determination supports the thoroughness of the work done  -  the due diligence, the process, and the SEPA Determination - completed by the Development Services Department and Ms. Lilith Vespier, Development Services Manager," said Joel Walinksi, city administrator.
    The conflict to the Adventure Park saga started long before Friends of Leavenworth filed the appeal, but came to a peak during the hearing. A staggering influx, 73 total, of public comment were made at the public hearing. This decision weighing on Kottkamp seemed to be the climax of the town controversy.
    The potential addition to the Bavarian Village has caused a rift, dividing citizens on the proposed theme park. Those that find the decision incorrect have 21 days to file an appeal for the Superior Court.

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