CITY OF DUPONT
                                                         WASHINGTON

                                      ...
Section 2. Area Rezone Adopted and Maps. The DuPont Comprehensive Plan is hereby amended as
 shown in Exhibit I to designa...
CIVIC CENTER AREA                                                                                                         ...
Comprehensive Plan Amendment and Zoning Map Change
Staff Report
City File No. COMP 05-01, MAP 05-01
Staff Report
October 1...
Criteria a.
          The proposed plan amendment will further and be consistent with the goals,
          objectives and ...
DMC 25.20.010 states the average multifamily density of the R-12 zone shall not
         exceed 12.5 dwelling units per gr...
The amendment is consistent with VISION 2020 Policy RG-1.5. This policy
         promotes compact and functional land use ...
5. Recommendation
       Staff recommends the Planning Agency, after hearing all relevant public
       testimony, find th...
LOT A
     1:'R~                     I
                               I
                               I   $!

b.Z. I'JC,....
City of DuPont
                           Determination of Non-Significance (DNS)

                        DuPont Comprehe...
Comment Period:
 This DNS is issued under WAC 197-11-340(2). The lead agency will not act on the
 proposal for 14 days fro...
Attachment B


                              QUADRANT




  April 29, 2003




 Mr. Ron Summers
 Glacier Northwest
 5975 E...
Lone Star Northwest
  Job No. 400-001-990-0008
  April 28, 2003


                                                 AITACHM...
Lone Star Northwest
April 28, 2003
Page 2


THENCE along said southerly line, northeasterly 70.68 feet along the arc of a ...
ATTACHMENT "A-1"
 TO ACCOMPANY LEGAL DESCRIPTION FOR
 ADDITIONAL MINERAL OVERLAY AREA
  A PORTION OF SECTIONS 23 AND 26, T...
MINERAL RESOURCE OVERLAY                                                                                                  ...
Mineral Resource Area Comprehensive Plan Amendment and
Zoning Map Change Staff Report
City File No. COMP 05-02, MAP 05-04
...
d. The Department of the Army, Fort Lewis, submitted a comment letter dated
            August 3, 2005 (Exhibit 6). Fort L...
Criteria a.
         The proposed plan amendment will further and be consistent with the goals,
         objectives and po...
The amendment is consistent with and implements Policy LU-40 which states, "A
         mineral Resource Overlay designatio...
mitigate conditions that would be detrimental to the environment and to protect
         the general welfare, health, safe...
APPLICATION FOR AMENDMENT
                               OF COMPREHENSIVE PLAN

                                        Gl...
manganese were measured in the groundwater of the adjacent Fort Lewis Landfill No.5.
See Draft Environmental Impact Statem...
ecological benefits. As discussed below, under Glacier's preferred alternative the
expanded mineral resource overlay will ...
2020 (1995 Update), and the County-Wide Planning Policies for Pierce County (as
amended December 17, 1996). Second, the pr...
the Environmental Systems section of the 2001 Comprehensive Plan and other
                applicable policies:

         ...
a long time for the market demand for these type of uses to equal the supply.'
              The amount of vacant land in ...
•    Open Space. Under the current Comprehensive Plan, a buffer around the
              mineral resource overlay zone has...
Lone Star Northwest
April 28, 2003
Page 3



THENCE N 84°03'02" W, 217.55 feet;

THENCE N 85°08'34" W, 408.95 feet;

THENC...
Attachment B


                                QUADRANT




  April 29, 2003




  Mr. Ron Summers
  Glacier Northwest
  5...
Lone Star Northwest
   Job No. 400-001-990-0008
   April 28, 2003


                                                ATTACH...
Lone Star Northwest
April 28, 2003
Page 2


THENCE along said southerly line, northeasterly 70.68 feet along the arc of a ...
ATTACHMENT "A-1"
  TO ACCOMPANY LEGAL DESCRIPTION FOR
  ADDITIONAL MINERAL OVERLAY AREA
  A PORTION OF SECTIONS 23 AND 26....
MINERAL RESOURCE OVERLAY                                                                                                  ...
Mineral Resource Area Comprehensive Plan Amendment and
Zoning Map Change Staff Report
City File No. COMP 05-02, MAP 05-04
...
d. The Department of the Army, Fort Lewis, submitted a comment letter dated
            August 3, 2005 (Exhibit 6). Fort L...
Mineral resource overlay increase 2006-ordinance-06-816
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Transcript of "Mineral resource overlay increase 2006-ordinance-06-816"

  1. 1. CITY OF DUPONT WASHINGTON ORDINANCE NO. 0<-0 - 81 ~ AN ORDINANCE OF THE CITY OF DUPONT, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN, LAND USE REGULATIONS AND ZONING MAP WITH RESPECT TO THE CIVIC CENTER AREA; THE MINERAL RESOURCE OVERLAY; AND THE FORT LAKE BUSINESS AND TECHNOLOGY PARK; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of DuPont began work on its annual Comprehensive Plan Amendment Cycle in April 2005 to add polices to the above cited portions of the DuPont Comprehensive Plan in confonnance with requirements of the Washington State GMA; and WHEREAS, all proposed amendments have been found to be consistent with each other and are consistent with the current Comprehensive Plan; and WHEREAS, the Growth Management Act requires each jurisdiction to establish public participation procedures whereby amendment to the Comprehensive Plan are considered by the City of DuPont; and WHEREAS, the City held two community workshops on the proposed amendments, and WHEREAS, the DuPont Planning Agency held seven public hearings on the proposed amendments; and WHEREAS, the DuPont Planning Agency conducted three area wide site visits; and WHEREAS, the Planning Agency, after due consideration submitted recommendations to the City Council on each of the proposed amendments, and WHEREAS, the City Council held a public hearing on the proposed amendments on July 11 ,2006; and WHEREAS, the proposed amendments are in the best interest ofthe citizens of the City of DuPont; and WHEREAS, at the conclusion of its review and deliberation on July 25, 2006, the City Council approved the amendments to the Comprehensive Plan as shown in the attached exhibits 1-3 incorporated by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUPONT, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I.Findings and Conclusions. The Exhibits 1 through 3, are hereby adopted by reference in their entirety as the findings and conclusions of the City Council. - 1- F:CouncilCouncii Packet 200607-25-06 Work SessionComp Plan Ord and AmendDuPont - Camp plan ord. FINAL.DOC/e/08/03/06
  2. 2. Section 2. Area Rezone Adopted and Maps. The DuPont Comprehensive Plan is hereby amended as shown in Exhibit I to designate 4.86 acres of land from Residential-12 to Mixed Use to match the westerly portion of the three lots zoned Mixed Use near the Civic Center Site. Section 3. Mineral Overlay Element Amended and Maps. The Mineral Overlay Element of the Cily of DuPont Comprehensive Plan is hereby amended as shown in Exhibit 2. Section 4. The Old Fort Lake and Technology Park Element Amended and Maps. The Old Fort Lake Business and Techno logy Park E lement of the Cily of DuPont Comprehensive Plan is herehy amended as shown in Exhibit 3 and DMC T itle 25 shall be updated accordingly, as shown in Exhibits 3 A and B. Section 5. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise inva lid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre- emption shall not affect the validily of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 6. Effective Date. This Ordinance shall be published in the official newspaper of the Cily, and shall take effect and be in full force five (5) days after the date of publication. ~ ADOPTED BY THE C ITY COUNCIL AT A REGULAR MEETING THEREOF ON THE "c"::.::J DDIA Y OF Ju...~ _ _ ,2006. C ITY OF DUPONT Steve Young, Mayor A TTEST/AUTHENTICATED: Erin Larsen, A pproved as to form: Shelley Kerslake, C ily Attorney -2- F:CouncilCouncii Packet 200607-25-06 Work SessionComp Plan Ord and AmendDuPont - Camp plan ord. FINALOOC/e/08f03/06
  3. 3. CIVIC CENTER AREA EXHIBIT 1 1. A notice of application was filed by the City on September 15,2005 to amend the City's Comprehensive Plan and Zoning Map designation of 4.86 acres ofland from Residential -12 (R- 12) to Mixed Use to match the westerly portion of the three lots that are zoned Mixed Use. 2. The Growth Management Act, RCW Chapter 36.70A, authorizes amendments or revisions ofthe Comprehensive Plan to be made annually. 3. An environmental review of the proposed Comprehensive Plan amendments has been conducted in accordance with the requirements of the State Environmental Policy Act ("SEPA"), and a SEP A threshold determination of non-significance and notice of adoption was issued on September 16, 2005. 4. The public process for the proposed amendments has provided for early and continuous public participation opportunities as follows: (1) the Planning Agency and City Council reviewed the application pursuant to Chapter 25.170 of the DuPont Municipal Code, (2) the City held a community workshop to discuss the amendment on October 5, 2005, (3) the Planning Agency held a public hearing on October 24, 2005 relating to the amendment, and (4) the City received no comments regarding the amendment. 5. At the conclusion of the above referenced public processes, the Planning Agency after deliberation at its meeting on November 28, 2005, made a recommendation to the City Council regarding the amendments. 6. The provisions and requirements of the DuPont Street Standards and the Design Regulations and Guidelines ofDMC 25.70 are more than adequate to regulate appropriate potential access to and from the properties and will assure their proper site development. 7. The proposed amendment will further and be consistent with the goals, objectives and policies of the City's Comprehensive Plan, including the County-Wide Planning Policies for Pierce County; and Vision 2020. Additionally, the proposed amendment is consistent with the City's plans, policies and regulations for providing community facilities, including but not limited to utilities, transportation, parks, or schools. 8. The Staff Report dated October 18, 2005 attached hereto shall serve as the City Council's findings offact. F:CoundlCouncii Packet 200607·25·06 Work SessJonComp Plan Ord and Amend 13a-l DuPont - Comp Plan Civic Center Amendment Master Exhiblt,doc!
  4. 4. Comprehensive Plan Amendment and Zoning Map Change Staff Report City File No. COMP 05-01, MAP 05-01 Staff Report October 18, 2005 I. Findings 1. The proposal is to amend the DuPont Comprehensive Plan and DuPont Zoning Map to reclassify the easterly 2.03 acres of Lot A, the easterly 0.57 acres of Lot B, and the easterly 2.26 acres of Lot C from Residential -12 (R-12) to Mixed Use. The lots are located at the southwest corner of Center Drive and Sequalitchew Creek (Exhibit A). 2. All three lots are owned by Weyerhaeuser Corporation and Quadrant Corporation. Lot A, totaling 10 acres will be deeded to the City for use as the Civic Center. Lot B, totaling 3.9 acres will be sold for commercial development. Lot C totaling 4.5 acres will be deeded to the Nisqually Indian Tribe for commercial development. 3. Process Amendments shall be processed via a Type V process as required by DMC 25.175.010(4). Type V process includes a community workshop and a separate Planning Agency public hearing and recommendation to the City Council. The Council decides the amendment after considering the amendment and Planning Agency recommendation. a. The Notice of Proposal was issued September 15, 2005. The comment period closed September 29, 2005. No comments were submitted. b. DuPont issued an environmental decision without conditions for the proposal September 16, 2005 (Exhibit B). The comment period closed September 30, 2005. No comments were received. The appeal period closed October 17, 2005. No appeals were filed. c. DuPont held a community workshop October 5, 2005. No one attended. d. The Hearing Notice was issued September 15,2005. e. The Planning Agency will hold a public hearing to take testimony on the proposal October 24, 2005. 4. Planning Agency Decisional Criteria DMC 25.170.090 contains decisional criteria for plan amendments. In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with all of the following decisional criteria: -1- F:CouncilCouncil Packet 200607~25~06 Work SessionComp Plan Ord and Amend13a-1 Amendment Staff Report Civic Center. doc
  5. 5. Criteria a. The proposed plan amendment will further and be consistent with the goals, objectives and policies of the comprehensive plan, except for the policy being amended; County-Wide Planning Policies for Pierce County; and VISION 2020. Page 40 of the 2001 DuPont Comprehensive Plan states, "However, it is the intention of the City that the Civic Center be as lively as possible. To accomplish that goal, on the two triangular shaped parcels between Center Drive and the ten-acre site, which is to become the City's, and on the north side of Sequalitchew Creek, higher density residential uses are provided for since those parcels are outside the Consent Decree area." This statement is a result of the Quadrant/City joint 2001 Comprehensive Plan amendment which changed the zone designation of the subject area from Planned Neighborhood to Residential- 12 because it was outside the Consent Decree area and the land owner, Quadrant Corporation, did not support residential uses in the Consent Decree area. The 2001 Comprehensive Plan amendment does not contain analysis demonstrating that these irregularly shaped physically constrained sites with two zone designations would develop consistent with a split zoning designation. Designating the east half of the lots Residential-12 as part of the 2001 Comprehensive Plan amendment was an attempt to numerically meet the population targets for Dupont because residential uses were no longer allowed in the Consent Decree area. The 4.86 acre Residential-12 subject area is not suited for residential development. The east portions of the three lots are irregularly shaped, constrained by a landscape easement, Puget Power lines, and have a high potential for cultural artifacts. Lot A is 10 acres in size. The City does not intend to develop the easterly 2.0 acres of Lot A with residential uses. By comparison, the DuPont Comprehensive Plan envisions two triangular shaped Residential-12 parcels between Center Drive and the 10 acre Civic Center site. This statement is significant because the 10 acre Civic Center site includes the 2-acre residential area. This reduces the area available for the Civic Center by 20 percent. Additionally, there is no interest to disturb the easterly portion of Lot A due to the potential of finding cultural artifacts. This fact became clear during cleanup of the portions of all three lots immediately within the Consent Decree Area. Lot B is 3.9 acres in size. Development of the east 0.6 acres of Lot B is problematic due to its irregular shape, the existing 35 foot wide landscape easement running along the east line of the lot, and the potential of finding cultural artifacts. -2- F:CouncilCouncil Packet 200607~25-06 Work SessionComp Plan Ord and Amend13a-1 Amendment Staff Report Civic Center. doc
  6. 6. DMC 25.20.010 states the average multifamily density of the R-12 zone shall not exceed 12.5 dwelling units per gross acre. Calculations indicate this area may yield a maximum of 15 residents if developed at its theoretical maximum density of 12.5 units per acre (0.6 acre X 12.5 units per acre X 2.0 people per unit). Actual DuPont multifamily densities are approximately 80 percent of theoretical maximum. Lot C is 4.5 acres in size. Quadrant will deed Lot C to the Nisqually Indian Tribe as fee land. The Nisqually Indian Tribe intends to develop Lot C with uses consistent with the DuPont Municipal Code, subject to all City codes. Development of the east 2.3 acres of Lot C is problematic due to its irregular shape, the existing 35-foot wide landscape easement running along the east line of the lot, the potential of finding cultural artifacts, and the gO-foot wide Puget Power easement and its location at the abutting single and main entrance to the 600 acre Fort Lake Business and Technology Park. All truck traffic for the Fort Lake Park and golf course will use this entrance. DMC 25.20.010 states the average multifamily density of the R-12 zone shall not exceed 12.5 dwelling units per gross acre. Calculations indicate the 2.0 net developable area (minus the apex. 0.3 acre PSE easement) may yield a maximum of 50 residents if developed at its theoretical maximum density of 12.5 units per acre (2.0 acre X 12.5 units per acre X 2.0 people per unit). Actual DuPont multifamily densities are approximately 80 percent of theoretical maximum. Lot C will be tribally owned fee land. Tribally owned fee land is any land that is acquired by a tribe that is not held in trust by the Bureau of Indian Affairs. Fee land is on state and local government tax rolls and is assessed a tax based on the appraisal value of the land and development. Fee land is transferred from owner to buyer by deed usually with a title and abstract review by the title company handling the transfer. By comparison, trust land is land that has achieved trust status. Trust land that is held in trust with the Bureau of Indian Affairs and is not subject to taxes. The amendment will further Pierce County-Wide Planning Policy 1.3 regarding economic development and employment which states, "The County and each municipality in the County, will assure consistency between economic development policies and adopted comprehensive plans by designating and zoning large tracts of appropriate land for commercial centers." The amendment will zone larger tracts of appropriate land for commercial uses allowed in the Mixed Use Zone. Lots with two irregularly shaped zoning designations pose unique development constraints and as a result often sit vacant for many years. -3- F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-1 Amendment Staff Report Civic Center.doc
  7. 7. The amendment is consistent with VISION 2020 Policy RG-1.5. This policy promotes compact and functional land use patterns and investments in existing urban communities by encouraging small businesses to serve the neighborhood, encourage redevelopment of underused commercial areas. VISION 2020 is the long-range growth management, economic and transportation strategy for the central Puget Sound region encompassing King, Kitsap, Pierce and Snohomish counties. It combines a public commitment to a growth management vision with the transportation investments and programs and economic strategy necessary to support that vision. VISION 2020 also identifies the policies and key actions necessary to implement the overall strategy. Specifically, the amendment is consistent with VISION 2020. Criteria b. The proposed plan amendment is consistent with the city's plans, policies and regulations for providing community facilities, including but not limited to utilities, transportation, parks, or schools, concurrent with development. In response, the amendment is consistent with DuPont Comprehensive Plan Policy LU-28 regarding the Civic Center which states, "allow small, retail service, and office uses to support the area." The amendment will not affect other adopted city plans, policies and regulations regarding community facilities, utilities, transportation, parks or schools concurrent with development. Criteria c. If the request is to change the land use designation of a specific property on the zoning map, the applicant must also demonstrate either of the following: i. The existing land use designation was clearly made in error due to an oversight; or ii. There has been a change in circumstances and the proposal would better achieve the comprehensive plan goals and policies than the existing comprehensive plan section. In response, encumbering one lot with two zone designations was clearly made in error. The 2001 DuPont Comprehensive Plan envisioned a residentially zoned area between the 10 acre Civic Center site and Center Drive, not part of the 10 acre site. The 2001 Comprehensive Plan amendment file does not contain analysis demonstrating that these irregularly shaped, physically constrained sites with two zone designations would develop consistent with a split zoning designation. Designating the east half of the lots Residential-12 as part of the 2001 Comprehensive Plan amendment was an attempt to numerically meet the population targets for Dupont because residential uses were no longer allowed in the Consent Decree area. Therefore, the existing land use designation was clearly made due to an oversight. -4 - F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-1 Amendment Staff Report Civic Center. doc
  8. 8. 5. Recommendation Staff recommends the Planning Agency, after hearing all relevant public testimony, find the DuPont Comprehensive Plan amendment and Zoning Map change, City File No. COMP 05-01, MAP 05-01, is consistent with the decisional criteria of DMC 25.170.190 and forward the amendment with recommendation to the DuPont City Council for adoption. Exhibit List A. Property map B. Environmental decision dated September 16, 2005 -5- F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-1 Amendment Staff Report Civic Center.doc
  9. 9. LOT A 1:'R~ I I I $! b.Z. I'JC,. I LOTS I -··----~r I I .rSEE DETAIL ! l I I I I J ~ PROPERTY MAP ~nooDll &
  10. 10. City of DuPont Determination of Non-Significance (DNS) DuPont Comprehensive Plan Amendment and DuPont Zoning Map Change to Reclassify 4.8 acres off Land from R-12 to Mixed Use City File No. SEPA 05-11 Description of Proposal: DuPont Comprehensive Plan amendment and DuPont Zoning Map change to reclassify 4.8 acres of land from Residential-12 to Mixed Use. Proponent: City of DuPont, DuPont, WA Location of Proposal: The subject lots are located in the southwest corner of Center Drive and Sequalitchew Creek in Section 26, Township 19 North, Range 1 East, W.M, Pierce County, Washington. Lead Agency: City of DuPont Findings: 1. The applicant submitted an eJ1vironmental checklist for the proposal dated 9/14/05. '. 2. The checklist states the pro~osal is to amend the DuPont Comprehensive Plan and change the DuPont Zoning Map to reclassify the easterly 2.03 acres of Lot A (10.02 acres total lot area), the easterly 0.57 acres of Lot B (3.86 acres total lot area), and the easterly 2.26 acres of Lot C (4.47 acres total lot area) from Residential -12 to Mixed Use to match the existing zoning on the west portions of all three lots. The total area to be reclassified is 4.86 acres. The total area of the three lots is 18.35 acres. Conclusions: The lead agency for this proposal has determined that the proposed action will not have a probable significant adverse impact on the environment, and an environmental impact statement is not required under RCW 43.21C.032 (2)(c). This decision was reached after review of a completed environmental checklist and other information on file, all of which is available to the public on request. P:Comp PlanComp Plan AmendmentsCivic Center AmendmentSEPA 05-11.dns.doc 1
  11. 11. Comment Period: This DNS is issued under WAC 197-11-340(2). The lead agency will not act on the proposal for 14 days from the date of issuance listed below. Comments must be submitted no later than 5 p.m. September 30, 2005 to the City of DuPont, 303 Barksdale Avenue, DuPont, WA 98327. Appeals shall be filed no earlier than 8:00 am, October 1, 2005 and no later than 5:00 pm, October 17, 2005 to the City of DuPont, 303 Barksdale' Avenue, DuPont, WA 98327. Se tember 16 2005 Darling (Date) Responsible Official or of Community Development Submit Comments To: Bill Kingman, AICP City of DuPont 303 Barksdale Avenue DuPont, WA 98327 Phone: 253-912-5393, Fax: 253-964-2634 P:Cornp PlanComp Plan AmendmentsCivic Center ArnendmentSEPA OS-11.dns.doc 2
  12. 12. Attachment B QUADRANT April 29, 2003 Mr. Ron Summers Glacier Northwest 5975 E. Marginal Way South Seattle, WA 98111 Dear Mr. Summers, On behalf of the Quadrant Corporation, I hereby authorize and provide written consent for Glacier Northwest to make application for Comprehensive Plan Amendment to expand the mineral resource overlay zone as provided in your application dated April 29, 2003. Please keep me informed on the progress of this application. Sincerely, Greg oor, AICP Vice P . ent and General Manager Northwest Landing r- - CO - I >< UJ Northwest Landing. 1408 Palisade Boulevard. DuPont, WA 98327· Tel 253.964.2311 • Fax 253.964.2326 www nwl;t;nninn.r:nm
  13. 13. Lone Star Northwest Job No. 400-001-990-0008 April 28, 2003 AITACHMENT "A" LEGAL DESCRIPTION FOR ADDITIONAL MINERAL OVERLAY AREA THAT portion of Sections 23 and 26, Township 19 North, Range 1 East W.M., City of DuPont, Pierce County, Washington, being more particularly described as follows: BEGINNING at the southwest comer of said Section 23, as shown on that Record of SUNey by ESM, Inc. recorded under Pierce County Recording No. 9303050249; THENCE S 88°47'45" E, 500.26 feet; THENCE N 16°28'48" E, 2207.74 feet; THENCE N 47°45'56" E, 1770.31 feet; THENCE S 88°24'40" E, 329.75 feet to the north-south centerline of said Section 23 as depicted on said record of sUNey to the southerly line of that parcel depicted on that Record of SUNey that ESM, Inc. recorded under Pierce County Recording No. 9606270428; THENCE along said southerly line, S 88°24'45" E, 1651.93 feet to the westerly margin of Puget Sound Outfall Channel as conveyed by instrument recorded under Pierce County Recording No. 1674527 and as shown on said Record of SUNey; THENCE along said westerly margin, S 06°51 '12" E, 1607.37 feet; THENCE westerly 91.07 feet along the arc of a non-tangent CUNe to the left, having a radius of 415.00 feet, the radius point of which bears S 05°42'46" W, through a central angle of 12°34'23" to a point of tangency; THENCE S 83°08'23" W, 14.65 feet to a paint of cusp on the southerly line of that parcel conveyed to Pierce County by Statuary Warranty Deed recorded under Pierce County ~ Recording No. 9804150205; - OJ 720 South 3LoSth Street Federal Way, WA 98003 Tel (253) B3B 6113 Fax {253) 838 7101'. Tacoma (253) 927 0619 Seattle (206) 623 5911 Civil Er',ginh,ring Prajecl i"'Cli1agemsn - I www.esmcivil.com Bremerton (360) 792 3375 >< W
  14. 14. Lone Star Northwest April 28, 2003 Page 2 THENCE along said southerly line, northeasterly 70.68 feet along the arc of a tangent cUlVe to the left, having a radius of 45.00 feet, through a central angle of 89°59'35" to a pOint of tangency on the easterly line of said parcel; THENCE along said easterly line, N 06°51 '12" W, 166.50 feet to the northeasterly corner thereof; THENCE along the northerly line of said parcel, S 83°12'15" W, 224.67 feet to the northwesterly corner thereof; THENCE along the westerly line of said parcel, S 06°54'03" E, 211.75 feet to the southwesterly corner thereof; THENCE S 83°08'23" W, 47.27 feet to a point of cUlVature; THENCE westerly 533.75 feet along the arc of a tangent cUlVe to the right, having a radius of 3440.00 feet through a central angle of 08°53'24" to a point of tangency; THENCE N 87°58'13" W, 926.24 ·feet to a point of cUlVature; THENCE northwesterly 39.27 feet along the arc of a tangent cUlVe to the right, having a radius of 25.00 feet, through a central angle of 90°00'00"; THENCE N 87"58'13" W, 90.00 feet to said north-south centerline of said Section 23; THENCE along said north-south centerline, S 02°06'11" W, 1720.89 feet to the north quarter corner of said Section 26 as depicted on said record of sUlVey; THENCE S 01 °41 '03" W, 942.11 feet to a point of cUlVature; THENCE southerly 7.00 feet along the arc of a tangent cUlVe to the left, having a radius of 445.00 feet through a central angle of 00°54'04"; THENCE S 87°59'15" W, 827.27 feet to the easterly line of Lot A of City of DuPont Boundary Line Adjustrnent No. BLA 02-02 as recorded under Pierce County Recording No. 200303215001 ; THENCE along said easterly line, S 33°00'24" E, 355.68 feet; THENCE continuing along said easterly line and the southerly extension thereof, I- S 01 °40'32" W, 428.79 feet; - 0) - I >< UJ
  15. 15. ATTACHMENT "A-1" TO ACCOMPANY LEGAL DESCRIPTION FOR ADDITIONAL MINERAL OVERLAY AREA A PORTION OF SECTIONS 23 AND 26, TWP. 19 N., RGE. 1 E., W.M., CITY OF DUPONT, PIERCE COUNTY, WASHINGTON UNPLATTED PARCEL CONVEYED BY STATUTORY WARRANTY DEED - RECORDING NO. 9804150205 POINT OF BEGINNING 1 22 23 27 26 - ---n--- 23 26 I UNPLATTED I I DRAWING NAME: 40001990EXHIBITSSR-01.DWG SCALE 1w = 1000' CONSULTING 720 S. 34Bth Street ENGINEERS I iIIll I *I LLC :f I JOB NO. 400-001-990-0008 I- - r::o - Federal Way, WA 98003 FEDERAL WAY (253) 838-6113 DATE : 04-25-03 eOTKELL (425) 415-6144 www.esmcivil.com DRAWN : C.A.F. I >< Civil Engineering land Surveying Land Planning SHEET 1 OF 1 Public Works Project Management Landscape Architecture UJ
  16. 16. MINERAL RESOURCE OVERLAY EXHIBIT 2 1. A notice of application on May 20, 2005 to amend the City's Comprehensive Plan and Zoning Map by adding 401 acres ofland to the Mineral Resource Overlay Zone. 2. The Growth Management Act, RCW Chapter 36.70A, authorizes amendments or revisions of the Comprehensive Plan to be made annually. 3. An environmental review of the proposed Comprehensive Plan amendments has been conducted in accordance with the requirements of the State Environmental Policy Act ("SEPA"), and a SEPA threshold determination requiring an EIS Addendum and notice of adoption was issued on October 11, 2005. 4. The public process for the proposed amendments has provided for early and continuous public participation opportunities as follows: (I) the Planning Agency and City Council reviewed the application pursuant to Chapter 25.170 of the DuPont Municipal Code, (2) the City held a community workshop to discuss the amendment on June 16,2005, (3) the Planning Agency held a public hearing on June 27, November 28, 2005 and January 23, 2006, (4) the Planning Agency conducted a special meeting field trip of the Glacier NW operations area on August 1, 2005. 5. At the conclusion of the above referenced public processes the Planning Agency after deliberation at its meeting on January 23, 2006 made a recommendation to the City Council regarding the proposed amendments. 6. The proposed amendments will further and be consistent with the goals, objectives and policies of the City's Comprehensive Plan, including the County-Wide Planning Policies for Pierce County; and Vision 2020. 7. The Staff Report dated December 1, 2005 attached hereto shall serve as the City Council's findings offact. - 1- F:CouncUCouncU Packet 200607-25-06 Work SessionComp Plan Ord and Amend 13a-2 DuPont - Comp Plan Minerai Overlay Amendment Master Exhibit.doc
  17. 17. Mineral Resource Area Comprehensive Plan Amendment and Zoning Map Change Staff Report City File No. COMP 05-02, MAP 05-04 December 1, 2005 I. FINDINGS A. On April 29, 2003 Glacier Northwest submitted an amendment to the DuPont Comprehensive Plan and DuPont Zoning Map to apply the Mineral Resource Area Overlay designation to a 260 acre area located south and east of the existing mining area owned by Quadrant Corporation (Exhibit 1). The area is located west of Powerline Road, north of Sequalitchew Creek. B. On April 28, 2005 the applicant revised the amendment. The 260 acre area was reduced to 200 acres and a second 201 acre area located north of the existing mining area owned by Glacier Northwest was added (Exhibit 2). Total land area to be added to the overlay area is 401 acres. Please note: a drawing showing the areas of the proposed amendment is included in Exhibit 2. C. Relevant mineral resource lands statutory requirements are listed in a memo from John Darling, Director of Community Development, dated November 30, 2005 (Exhibit 3). D. Process Amendments shall be processed via a Type V process as required by DuPont Municipal Code (DMC) 25.175.010(4). Type V process includes a community workshop and a separate Planning Agency public hearing and recommendation to the City Council. The Council decides the amendment after considering the amendment and Planning Agency recommendation. a. The DuPont Historical Society submitted a comment letter dated February 18, 2005 (Exhibit 4). The Society requests a historical site identified as the Mission Site be identified and protected. In response, the Mission Site will be discussed at the preapplication review meeting for the related future Glacier Northwest land use application for mineral resource extraction consistent with DMC 25.80, Cultural, Historical and Archaeological Resources. b. Notice of the proposal was issued May 20, 2005. The notice comment period closed June 3, 2005. No comments were submitted during the comment period. c. An Addendum to the City's 2001 Comprehensive Plan Environmental Impact Statement addressing the proposal was prepared and issued June 2005 (Exhibit 5). -1- F;CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-2 Amendment Staff Report MRO.doc
  18. 18. d. The Department of the Army, Fort Lewis, submitted a comment letter dated August 3, 2005 (Exhibit 6). Fort Lewis recommends hydrologic surveys be conducted to determine potential impacts to the Fort Lewis drinking water and storm/surface water drainage system. In response, the hydrologic study will be discussed at the preapplication review meeting for the future Glacier Northwest land use application for mineral resource extraction. e. DuPont issued a Notice to Adopt EIS Addendum to the 2001 DuPont Comprehensive Plan Environmental Impact Statement for the proposal October 11, 2005 (Exhibit 7). Pursuant to WAC 197-11-630 the notice did not include a comment or appeal period. f. DuPont held a community workshop June 16, 2005. Attached is the Sign-In Sheet (Exhibit 8). g. The Planning Agency Hearing Notice was issued June 17, 2005. h. The Planning Agency held a public hearing and took public testimony on June 13,2005 and June 27,2005. i. The Planning Agency conducted a field trip of the Glacier Northwest mining site on August 1, 1005. j. The Planning Agency tabled further discussion of the amendment August 8, 2005 to provide staff additional time to conclude the environmental review of the amendment and prepare a staff report for consideration. k. The Planning Agency, at their November 14, 2005 meeting, announced that the hearing will resume on November 28, 2005. E. Planning Agency Decisional Criteria DuPont Municipal Code 25.170.090 contains decisional criteria for comprehensive plan amendments. The citation states: "In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with all of the following decisional criteria:" -2- F;CouncilCouncil Packet 200607~25~06 Work SessionComp Plan Ord and Amend13a-2 Amendment Staff Report MRO.doc
  19. 19. Criteria a. The proposed plan amendment will further and be consistent with the goals, objectives and policies of the comprehensive plan, except for the policy being amended; County-Wide Planning Policies for Pierce County; and VISION 2020. In response, the 200 acre area located south and east of the existing mining area is owned by Quadrant Corporation. This area is zoned Manufacturing and Research Park, Residential-4 and Residential Reserve. The second 201 acre area located north of the existing mining area abutting Fort Lewis is owned by Glacier Northwest. This area is zoned Residential-4 and Residential Reserve. No change to the underlying zoning was submitted or is required. These areas are located in Sequalitchew Village. Page 43 of the 2001 DuPont Comprehensive Plan states, "Much of this village is within the mineral resource overlay boundary. Gravel extraction by Glacier Northwest is currently underway in this are and is expected to proceed over a long term, phased development. Residential development is not likely to begin within this area for more than 10 years." Page 56 of the DuPont Comprehensive Plan states, "The Growth Management Act requires cities to identify resource lands of long-term significance and provide for their on-going economic benefit. Resource lands include those suitable for agriculture, forestry, and mineral extraction. Of these only mineral extraction is a resource land in DuPont. Much of the City is underlain by gravely [sic] soils." The amendment is consistent with and implements Policy LU-39 of the Comprehensive Plan which states, "The City will conserve long-term, commercially significant mineral resource lands through a two-step process. First, ongoing planning and evaluation will be used to identify lands that contain valuable mineral deposits. The City will consider the identified presence of mineral resources in its planning and development review to ensure that resources are not developed inadvertently or foreclosed from use. Second, the City will designate mineral resources on the Comprehensive Plan Land Use Map. Designation may occur concurrent with review of a proposed mining application. Discussion: Through the 1995 Comprehensive Plan and project approvals the City has identified and designated mineral resources in an overlay area extending slightly more than one half mile north of the mouth of Sequalitchew Creek and approximately one half mile east of the Puget Sound Bluff. The plan amendment identifies the presence of additional mineral lands of long-term commercial significance generally located from the southern boundary of the current mineral resource land overlay to encompass Consent Decree parcel #2 and the land between Consent Decree parcels #1 and #2 (a total of approximately 163 acres). Designation of the additional mineral land on the Comprehensive Plan map (step two) will occur through the process described in Policy LU-39." -3- F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-2 Amendment Staff Report MRO.doc
  20. 20. The amendment is consistent with and implements Policy LU-40 which states, "A mineral Resource Overlay designation, in the form of an overlay to the manufacturing/research, and residential land use categories north of Center Drive and Sequalitchew Creek, recognizes that mineral land should be conserved and that mineral extraction could potentially occur in a designated area subject to City review of a site-specific proposal." The amendment is consistent with Pierce County-Wide Planning Policy on Natural Resources, Open Space and Protection of Environmentally-Sensitive Lands which states, "The Washington Growth Management Act identifies the following as planning goals: (1) maintain and enhance natural resource-based industries, including productive timber, agricultural and fisheries industries; (2) encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses [RCW 36.70A020(8)]; (3) encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks [RCW 36.70A020(9)]; and (4) protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water [RCW 36. 70A020(1 0)]. Although these goals are stated individually, the degree of interconnectedness between them leads to the development of a single, comprehensive planning policy." The amendment is consistent with VISION 2020 Policy RO-6.4 which states, "Conserve natural resources by maintaining and enhancing designated farm, forest, and mineral lands; and establish best management practices which protect the long-term integrity of the natural environment, adjacent land uses, and the long-term productivity of resource lands." Criteria b. The proposed plan amendment is consistent with the City's plans, policies and regulations for providing community facilities, including but not limited to utilities, transportation, parks, or schools, concurrent with development. In response, the amendment is consistent with and implements DuPont Comprehensive Plan and Plan Policies LU-39 and LU-40 regarding resource lands. The amendment is consistent with DMC 25.60 which states, "The purpose of the mineral resource overlay regulations is to implement the Growth Management Act, Chapter 36.70A RCW, the Surface Mining Act, Chapter 78.44 RCW, and the DuPont Comprehensive Plan. The Growth Management Act encourages local governments to designate natural resource lands of long-term significance and adopt development regulations to assure their conservation. The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity making an important contribution to the economic well being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the same time, comprehensive regulation of the mining and through reclamation of mined lands is necessary to prevent or - 4- F:ICouncillCouncil Packet 2006107·25·06 Work SessionlComp Plan Ord and Amendl13a·2 Amendment Staff Report MRO.doc
  21. 21. mitigate conditions that would be detrimental to the environment and to protect the general welfare, health, safety, and property rights of citizens of the state. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. A balance between appropriate environmental regulations and the production and conservation of minerals is in the best interests of the citizens of the state. The DuPont comprehensive plan contains policies regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction overlay area within Sequalitchew Village in which mineral extraction is allowed." The amendment is consistent with and implements relevant statutory requirements regarding mineral resource lands discussed in Exhibit 3. II. RECOMMENDATION Staff recommends the Planning Agency, after hearing all relevant public testimony, find that the Mineral Resurce Overlay Comprehensive Plan Amendment and Zoning Map change, City File No. COMP 05-02, MAP 05-02, is consistent with the decisional criteria of DMC 25.170.190 and forward the amendment with recommendation to the DuPont City Council for adoption. Mineral Resource Area Overlay Amendment and Zoning Map Change Exhibit List 1. Amendment dated 4/29/03 2. Revised Amendment dated 4/28/05 3. J. Darling memo dated 11/30/05 4. DuPont Historical Society letter dated 2/18/05 5. EIS Addendum dated June 2005 6. Department of the Army letter dated 8/3/05 7. Notice to Adopt EIS Addendum dated 10/11/05 8. DuPont Community Workshop Sign-In Sheet dated 6/16/05 -5- F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-2 Amendment Staff Report MRO.doc
  22. 22. APPLICATION FOR AMENDMENT OF COMPREHENSIVE PLAN Glacier Northwest April 29, 2003 1. General Legal Description of Property. The subject property is an approximately 260-acre site located southeast of Glacier Northwest's current sand and gravel mining operation in portions of Sections 23, 26, and 27, Range 1 East, Township 19 of the City of DuPont. A legal description ofthe site is attached hereto as ATTACHMENT A. The owner of the property is the Quadrant Corporation, whose written consent to this application is attached hereto as ATTACHMENT B. 2. Description of Plan Amendment. Glacier requests that the 260-acre area be added to the City of DuPont's mineral resource overlay zone. Because mineral extraction is permitted in all nse districts if the property is within the mineral resource overlay zone, Glacier is not requesting any change to the underlying use classifications shown on the City's official Zoning Map. See DuPont Land Use Code § 25.60.020. Policy LU-39 of the 2001 Comprehensive Land Use Plan establishes a two-step process for the conservation of commercially significant mineral resources lands within the City of DuPont. First, ongoing planning and evaluation is used to identify lands that contain valuable mineral deposits. Second, the City then designates mineral resources on the Comprehensive Land Use Plan Map; this designation may occur concurrently with review of a proposed permit application. In accordance with the first step, the 200 I Comprehensive Land Use Plan identifies most of the subject property as having mineral lands oflong-term commercial significance. See Policy LU-39. The purpose of the current application is to proceed with the second step of mineral land conservation by asking the City to add the subject property to the City's mineral resource overlay. 3. Statement of Purpose and Compliance with Decisional Criteria. a) Statement of Purpose - I- m The proposed expansion of the mineral resource overlay will allow Glacier to mine additional sand and gravel deposits immediately adjacent to the currently designated mineral resource overlay. The expansion area was not included in Lone Star Northwest's - J: original surface mining proposal in 1992, because elevated concentrations of iron and Application for Amendment page I of7 >< W #226794 10552~094 4%z%02!.doc
  23. 23. manganese were measured in the groundwater of the adjacent Fort Lewis Landfill No.5. See Draft Environmental Impact Statement for Pioneer Aggregates Mining Facility and Reclamation Plan (January 1992), at 3. The landfill was later remediated, and in 1995 was deleted from the Environmental Protection Agency's National Priority List. Possible on-site lead contamination from the former DuPont Works facility has also been remediated and the expansion area is no longer subject to the Department of Ecology Consent Decree. As a result of these clean-up actions, the mineral deposits in the expansion area are now commercially significant, and the City may extend its mineral resource overlay zone to include them. The proposed expansion of the mineral resource overlay is consistent with the Growth Management Act's policy of protecting and enhancing natural resource lands, including mineral lands. RCW 36.70A.020(8). To further this policy, the mineral-lands provisions of the GMA direct local jurisdictions: (I) to designate mineral lands oflong- term commercial significance; (2) to assure the conservation of mineral lands; (3) to assure that the uses of adjacent lands do not interfere with the continued use of designated mineral lands for mineral purposes; (4) to conserve mineral land in order to maintain and enhance the mineral resource industry; and (5) to discourage incompatible uses. See RCW 36. 70A.020(8), .060, alld .170; King County v. Growth Management Hearings Ed., 142 Wn.2d 543, 558, 14 P.2d 133 (2000).' Thus, among other things, the GMA requires the City to designate mineral lands so that mineral resources are conserved for future productive use. See WAC 365-195-825(1 )(b) ("conservation" of natural resources means ensuring that natural resources are available for commercial production of the resources designated). As a resnlt of 1998 anlendments to the GMA, the City must periodically review its existing mineral resource designations. As part ofthis review, the City takes into consideration ally "new information made available" since the initial adoption of snch designations, alld designates any additional mineral lands that have long-term commercial significallce. See RCW 36.70A.131. Decisions of the Central Puget Sound Growth Management Hearings Board have confirmed that any mineral lands oflong-term commercial significance should be designated in a comprehensive plan.' The Washington Supreme Court has explained that "[nlatural resource lands are protected not for the sake of their ecological role but to ensure the viability of the resource-based industries that depend on them." King County, 142 Wn.2d at 559. Nevertheless, Glacier has worked to develop a proposal that will confer both mining and ) Although the Washington Supreme COUli)s decision in King County v. Growth Management Hearings Bd involved GMA requirements for agricultural lands, the identical requirements apply to mineral lands. 2 See Sky Valley v. Snohomish County, CPSGMHB No. 95-3-0068c (Final Decision and Order, March 12, 1996) (any natural resource land that meets the definition in the GMA must be designated in the - t- m comprehensive plan); Pi/chuck v. Snohomish County, CPSGMHB No. 95-3-0047 (Order re Motions for Reconsideration and Clarification, January 25, 1996) Ca County is ... required by RCW 35.60A. 170(1)(c) to designate mineral resource land that has long-term commercial significance for the extraction of - :c ~ minerals .... "), Application for Amendment page 2 of7 #226794 10552-094 4%z%02!.doc
  24. 24. ecological benefits. As discussed below, under Glacier's preferred alternative the expanded mineral resource overlay will not only ensure the viable use of valuable mineral resources, but will also provide unique environmental benefits for the residents of DuPont by substantially enhancing and expanding stream habitat in mld around Sequalitchew Creek. The proposed amendment will also put currently unused land and resources to productive use. Current low flows in Sequalitchew Creek allow only a limited natural production of mladromous fish. See 2001 Comprehensive Plan at 86, 92. If the City approves the proposed expansion of the mineral resource overlay, and Glacier obtains a permit for its preferred mining alternative, future mining activities would redirect groundwater from the subject property's shallow aquifer to a newly created stream, provisionally called "North Sequalitchew Creek," and then to the existing Sequalitchew Creek. The additional flows of 5 to 10 cfs would enhance approximately one-half mile of habitat in Sequalitchew Creek for anadromous species, including cutthroat trout, coho and chum salmon, and, depending on ultimate flows, the threatened Puget Sound chinook salmon. In addition, North Sequalitchew Creek would provide several thousand lineal feet of additional salmonid habitat. Without the proposed mnendment of the City's mineral resource overlay the subject property would eventually be cleared and paved for industrial or residential uses, Sequalitchew Creek would continue to remain dry during the crucial summer months, and the opportunity to ensure viable salmon habitat within the City would be lost. In addition to providing habitat enhancement, the proposed mnendment will allow the productive use of land that might otherwise remain unused for a number of years. The Puget Sound Regional Council (PSRC) concluded in 1998 that through the year 2020 the net supply of light and heavy industrial land in the region will exceed projected demand by a factor of at least 3. The excess supply of industrial land appears to be particularly great in Pierce County: the County accounts for just 18% of the population in the Central Puget Sound Region, but currently contains 37% of the available industrial land. J The current lack of development activity in DuPont's industrial areas suggests that the City too has designated more industrial and mmmfacturing/research areas than the market currently requires. Thus, Glacier's proposed amendment would allow the productive use of areas which will otherwise likely remain undeveloped over the next decade. b) Compliance with Decisional Criteria The proposed amendment complies with the decisional criteria of Section 25.170.090 of the DuPont Land Use Code. First, the mnendment furthers and is consistent with the goals, objectives and policies of the 2001 Comprehensive Plan, Vision .... - m - ] See 1998 Regional Review, Appendix Table I; Industrial Land Supply and Demand in Central J: Puget Sound Region (February 1998) at 49. >< W Application/or Amendment page 3 of7 #226794 J0552~094 4%z%02!.doc
  25. 25. 2020 (1995 Update), and the County-Wide Planning Policies for Pierce County (as amended December 17, 1996). Second, the proposed plan amendment is consistent with the City's plans, policies, and regulations for providing community facilities. 4 i) General Planning and Land Use Policies As explained below, the proposed amendment meets the goals and policies of the 2001 Comprehensive Plan, Vision 2020, and the County-Wide Planning Policies, in a number of different areas. • Designation of Commercially-Significant Mineral Lands. In addition to ensuring compliance with the GMA, the proposed expansion would promote the mineral and natural resource policies of applicable planning documents: * 2001 Comprehensive, LU-39 at 57 ("The [2001] plan amendment identifies the presence of additional mineral lands of long-term commercial significance [within approximately 163 acres southeast] of the current overlay zone. ") * 2001 Comprehensive Plan, LU-39 at 56-57 ("the City will designate mineral resources on the Comprehensive Plan Land Use Map"). * Vision 2020 at 40, Policy RO-6.4 (jurisdictions should "conserve natural resources by maintaining and enhancing designated ... mining lands"). * County-Wide Planning Policies at 21, § 2.8 (to promote diverse economic opportunities for citizens of Pierce County, cities should maintain and enhance natural resource-based industries, including productive mining). * County-Wide Plam1ing Policies at 32, § 5.1 (each City could consider "placing a primary emphasis on maintaining, enhancing, conserving, and/or protecting" natural resource lands, including mineral resources and mineral lands). • Plant and Animal Habitat. The creation of a new tributary and the revitalization of Sequalitchew Creek will promote the following policies of - I- m - 4 This application does not address the requirements of § 25.170.090(3) of the DuPont Land Use J: Code, because Glacier is not seeking an amendment of the interim zoning map. Application/or Amendment >< W page 4 0/7 #226794 l0552~094 4%;z%02!.doc
  26. 26. the Environmental Systems section of the 2001 Comprehensive Plan and other applicable policies: * 2001 Comprehensive Plan ESA-l ("Obtain for preservation, environmentally sensitive areas [snch as creeks] and those that are valnable natural and aesthetic resource to the City. ") * 2001 Comprehensive Plan, ESA-12 (support efforts to re-establish pre-diversion flows through Sequalitchew Creek). " 2001 Comprehensive Plan, ESA-16 (maintain no net loss in the habitat value and functioning of streams). * 2001 Comprehensive Plan ESA-20 ("Protect the biological productivity of Sequalitchew Creek. .. by permanently preserving [it] as a sensitive area. ") " Vision 2020, Policy RO-6.3 (fish and wildlife habitat conservation areas should be protected). * County-Wide Planning Policies at 33, § 6 (fish and wildlife habitat should be designated and protected). Details about Glacier's proposed stream enhancement measures will be provided in the Supplemental Environmental Impact Statement prepared for this project. • Appropriate Manufacturing/Research and Industrial Land Supply. A key economic development policy in the City's comprehensive plan is to "determine [the] appropriate balance for the types of businesses necessary for long-term health and economic sustainability." 2001 Comprehensive Plan, Policy ED-I. In its 1995 update to Vision 2020, the Puget Sound Regional Council (PSRC) advised jurisdictions to identify urban growth areas, including areas for manufacturing and industrial uses, sufficient for the succeeding 20-year period. See Vision 2020, Policy RG-1.1. As noted above, however, the PSRC has recently concluded that the current supply of industrial land exceeds proj ected demand by a factor of 3. See Industrial Land Supply and Demand in the Central Puget Sound Region (Feb. 1998) at 51. This conclusion applies to both the low-impact industrial uses applicable to the City's Manufacturing/ Research Park and the heavier uses allowed in the Industry zone. Id. at 15. The excess appears particularly great in Pierce County. - I- The 2001 amendments to the 1995 comprehensive plan did reduce the amount of land designated "Manufacturing/Research" or "Industrial" by - al :c approximately 30%. See 2001 Comprehensive Plan at 14. But it will still take >< w Application/or Amendment page 5 of7 #226794 I0552~094 4%z%02!.doc
  27. 27. a long time for the market demand for these type of uses to equal the supply.' The amount of vacant land in the City's Manufacturing/ Research Park and Industrial zones also suggests a surplus. The PSRC has noted that local jurisdictions can redress excesses in industrial land supply through review and amendment of comprehensive plans. See Industrial Land Supply, supra at 51- 52. By temporarily allowing a portion of its Manufacturing/Research and Industrial areas to be used productively for mineral resource extraction, Glacier's proposed mineral overlay expansion achieves the Comprehensive Plan's and PSRC's goal of creating a realistic and appropriate balance between industrial land supply and projected market demand. • Compatibility of Land Use Designations and Region's Economic Needs. The proposed amendment meets the immediate regional need for high-quality sand and gravel in the region. As mining in the expansion area would proceed over the next ten years, excavated areas would be progressively reclaimed and made available for future uses, predominantly Manufacturing/Research and Industrial uses. Thus, the supply of industrial land in the proposal area would expand as projected demand may increase in the coming years. By making the City's land use designations appropriately reflect current economic realities, Glacier's amendment promotes the goal articulated in the County- Wide Planning Policies of creating an industrial land supply that reflects projected development within a market-based system. See County-Wide Plmming Policies at 19, § 1. • Compatibility ofMineral Designation and Adjacent Uses. The 2001 amendments to the Comprehensive Plan Land Use Map resulted in a number of changes to the land use designations of property within Northwest Landing and north of Center Road. The Comprehensive Plan Land Use Map now designates most of the land surrounding the subject property as ManufacturinglResearch or Industrial. As a result, the mineral expansion area would not create adverse impacts to nearby residential, governmental, or educational facilities. The proposal is therefore consistent with the goal of the County-Wide Plamling Policies to ensure compatibility between natural resource production and adjacent development activity. See CPP at 21, § 4. Glacier recognizes that a ten-acre site north of Center Road and east of the civic center area is now designated for residential uses. Development of that site, however, is not be expected to occur until the portion of the proposed expansion area adjacent to it has been mined. I- - m 5 As of200l, only 5% of the City'S land supply was occupied by "business" uses, which includes "Manufacturing and Research" and "Industria}') uses, This percentage is projected to increase to ] 2% by - J: 2012, and 28% by final City buildout. See 2001 Comprehensive Plan at 15. Application for Amendment >< W page 6 0/7 #226794 J 0552-094 4%z%02!.doc
  28. 28. • Open Space. Under the current Comprehensive Plan, a buffer around the mineral resource overlay zone has been designated as open space. Glacier's proposal would change the location ofthe mining buffer, but the size of the buffer, and therefore the amount of land dedicated to open space, would remain the same. A buffer along Sequalitchew Creek would also be maintained after construction of the connection to North Sequalitchew Creek. Thus, Glacier's proposal is consistent with the following policies of the Comprehensive Plan and other plamling documents: * 2001 Comprehensive Plan, ESA-3 ("Maintain unique physical features of the City as passive open spaces in order to ensure their protection while providing for public access and enjoyment"). * County-Wide Planning Policies at 33, § 5.3 (ensure the provision of buffers to protect environmentally sensitive lands when natural resource lands are productively used). * Vision 2020 Policy RO-6.7 ("Protect critical areas and other aspects of the natural environment ... "). * County-Wide Planning Policies at 34, § 12 (each municipality shall designate appropriate open space). iij Policies Relating to Community Facilities Glacier's proposed amendment will not create any fmiher burden on, or need for, community facilities. Consistent with Vision 2020's policy of encouraging an efficient, multi-modal transportation system that is integrated and supported by growth management decisions, see Policy RT-8.l, mining in the expansion area would utilize existing transportation facilities, including the existing barge-loading dock. No additional City utility lines would be required. Moreover, by strengthening the City's fiscal base through additional tax revenue, the proposed amendment would add to the City's ability to meet demands for additional community facilities created by economic development in other areas of the City. 4. Adjacent Property Owners. A list of the names of owners of all property ofrecord within 300 feet of the subject property, and two sets of stamped envelopes addressed to the same, is submitted with this application. - I- s. Filing Fee. A filing fee of $2,184.00 was submitted in April 1999 with the original - I II ::I: application for amendment of the Comprehensive Plan Land Use Map. >< W Application for Amendment page 7 of7 #226794 10552-094 4%z%02!.doc
  29. 29. Lone Star Northwest April 28, 2003 Page 3 THENCE N 84°03'02" W, 217.55 feet; THENCE N 85°08'34" W, 408.95 feet; THENCE N 63°08'17" W, 208.21 feet; THENCE N 34°03'51" W, 30.71 feet; THENCE N 59°15'31" W, 228.72 feet; THENCE N 70°32'36" W, 343.68 feet; THENCE N 31 °57'29" W, 230.58 feet; THENCE N 14°38'00" W, 145.32 feet; THENCE N 24°23'34" W, 507.67 feet; THENCE N 46°48'13" W, 340.78 feet; THENCE N 25°58'31" W, 35.06 feet to the west line of said Section 26 as depicted on said record of survey; THENCE along said west line, N 01 °47'33" E, 297.73 feet to the POINT OF BEGINNING. Containing 259.02 acres, more or less. See attached Attachment "A-1 ". Written by: CAF. Checked by: B.R.S. f:engresm-jobs400101 9901document40D01-1 ,doc I- - CO - I >< UJ
  30. 30. Attachment B QUADRANT April 29, 2003 Mr. Ron Summers Glacier Northwest 5975 E. Marginal Way South Seattle, WA 98111 Dear Mr. Summers, On behalf of the Quadrant Corporation, I hereby authoriz:e and provide written consent for Glacier Northwest to make application for Comprehensive Plan Amendment to expand the mineral resource overlay zone as provided in your application dated April 29, 2003. Please keep me informed on the progress of this application. Sincerely. Greg oor. AICP Vice P . nt and General Manager Northwest Landing I- - CO - I >< W Northwest Landing. 1408 Palisade Boulevard. DuPont, WA 98327· Tel 253.964.2311 • Fax 253.964.2326 . ~
  31. 31. Lone Star Northwest Job No. 400-001-990-0008 April 28, 2003 ATTACHMENT "/l!' LEGAL DESCRIPTION FOR ADDITIONAL MINERAL OVERLAY AREA THAT portion of Sections 23 and 26, Township 19 North, Range 1 East w.M., City of DuPont Pierce County, Washington, being more particularly described as follows: BEGINNING at the southwest corner of said Section 23, as shown on that Record of Survey by ESM, Inc. recorded under Pierce County Recording No. 9303050249; THENCE S 88°47'45" E, 500.26 feet; THENCE N 16°28'48" E, 2207.74 feet; THENCE N 4Y045'56" E, 1770.31 feet; THENCE S 88°24'40" E, 329.75 feet to the north-south centerline of said Section 23 as depicted on said record of survey to the southerly line of that parcel depicted on that Record of Survey that ESM, Inc. recorded under Pierce County Recording No. 9606270428; THENCE along said southerly line, S 88°24'45" E, 1651.93 feet to the westerly margin of Puget Sound Outfall Channel as conveyed by instrurnent recorded under Pierce County Recording No. 1674527 and as shown on said Record of Survey; THENCE along said westerly margin, S 06°51 '12" E, 1607.37 feet; THENCE westerly 91.07 feet along the arc of a non-tangent curve to the left having a radius of 415.00 feet the radius point of which bears S 05°42'46" W, through a central angle of 12°34'23" to a point of tangency; THENCE S 83°08'23" W, 14.65 feet to a point of cusp on the southerly line of that parcel conveyed to Pierce County by Statuary Warranty Deed recorded under Pierce County Recording No. 9804150205; ..... - CO 720 South 3ii81h Street Tel (253) S3S 6113 Fax (253) 638 710li Tacoma (253) 927 0619 Seattle (206) 623 5911 Civil Engif1Hring PrDject Management - I >< Federal Way. WA 98003 www.esmcivil.com Bremerton (360) 792 3375 Le:nd Surveyir.;i UJ
  32. 32. Lone Star Northwest April 28, 2003 Page 2 THENCE along said southerly line, northeasterly 70.68 feet along the arc of a tangent CUNe to the left, having a radius of 45.00 fee~ through a central angle of 89°59'35" to a point of tangency on the easterly line of said parcel; THENCE along said easterly line, N 06°51 '12" W, 166.50 feet to the northeasterly corner thereof; THENCE along the northerly line of said parcel, S 83°12'15" W, 224.67 feet to the northwesterly corner thereof; THENCE along the westerly line of said parcel, S 06°54'03" E, 211.75 feet to the southwesterly corner thereof; THENCE S 83°08'23" W, 47.27 feet to a point of cUNature; THENCE westerly 533.75 feet along the arc of a tangent CUNe to the right, having a radius of 3440.00 feet through a central angle of 08°53'24" to a point of tangency; THENCE N 87°58'13" W, 926.24 'feet to a pOint of cUNature; THENCE northwesterly 39.27 feet along the arc of a tangent CUNe to the righ~ having a radius of 25.00 fee~ through a central angle of 90°00'00"; THENCE N 8]058'13" W, 90.00 feet to said north-south centerline of said Section 23; THENCE along said north-south centerline, S 02°06'11" W, 1720.89 feet to the north quarter corner of said Section 26 as depicted on said record of sUNey; THENCE S 01 °41 '03" W, 942.11 feet to a point of cUNature; THENCE southerly 7.00 feet along the arc of a tangent CUNe to the left, having a radius of 445.00 fee~ through a central angle of 00°54'04"; THENCE S 8]059'15" W, 827.27 feet to the easterly line of Lot A of City of DuPont Boundary Line Adjustment No. BLA 02-02 as recorded under Pierce County Recording No. 200303215001 ; THENCE along said easterly line, S 33°00'24" E, 355.68 feet; THENCE continuing along said easterly line and the southerly extension thereof, I- S 01 °40'32" W, 428.79 feet; - CO - I >< LU
  33. 33. ATTACHMENT "A-1" TO ACCOMPANY LEGAL DESCRIPTION FOR ADDITIONAL MINERAL OVERLAY AREA A PORTION OF SECTIONS 23 AND 26. TWP. 19 N.• RGE. 1 E.• W.M .. CITY OF DUPONT. PIERCE COUNTY. WASHINGTON UNPLArrED @ I I PARCEL CONVEYED BY STATUTORY WARRANTY DEED - RECORDING NO. 9804150205 POINT OF BEGINNING 1 22 27 26 23 - ---n--- 23 26 I UNPLAnED I I DRAWING NAME: 40001990EXHIBITSSR-01.DWG SCALE 1" = 1000' CONSULTING 720 S. 348th Street ENGINEERS I @l I *I LLC ~ I JOB NO. 400-001-990-0008 I- - co Federal Way. WA 98003 www.esmcivil.com FEDERAL WAY BOTHELL (253) 838-6113 (425) 415-6144 DATE : 04-25-03 DRAWN : C.A.F. - I Civil Engineering Public Works Land Surveying Project Management Land Planning landscape Architecture SHEET 1 OF 1 >< UJ
  34. 34. MINERAL RESOURCE OVERLAY EXHIBIT 2 1. A notice of application on May 20, 2005 to amend the City's Comprehensive Plan and Zoning Map by adding 401 acres ofland to the Mineral Resource Overlay Zone. 2. The Growth Management Act, RCW Chapter 36.70A, authorizes amendments or revisions ofthe Comprehensive Plan to be made annually. 3. An environmental review of the proposed Comprehensive Plan amendments has been conducted in accordance with the requirements of the State Environmental Policy Act ("SEPA"), and a SEPA threshold determination requiring an EIS Addendum and notice of adoption was issued on October 11,2005. 4. The public process for the proposed amendments has provided for early and continuous public participation opportunities as follows: (l) the Planning Agency and City Council reviewed the application pursuant to Chapter 25.170 of the DuPont Municipal Code, (2) the City held a community workshop to discuss the amendment on June 16,2005, (3) the Planning Agency held a public hearing on June 27, November 28, 2005 and January 23, 2006, (4) the Planning Agency conducted a special meeting field trip of the Glacier NW operations area on August I, 2005. 5. At the conclusion of the above referenced public processes the Planning Agency after deliberation at its meeting on January 23, 2006 made a recommendation to the City Council regarding the proposed amendments. 6. The proposed amendments will further and be consistent with the goals, objectives and policies of the City's Comprehensive Plan, including the County-Wide Planning Policies for Pierce County; and Vision 2020. 7. The Staff Report dated December 1, 2005 attached hereto shall serve as the City Council's findings offact. -I - F:CouncitCouncii Packet 200607-25-06 Work SessionComp Plan Ord 'lAd Amend 13a-2 DuPont - Comp Plan Minerai Overlay Amendment Master Exhibit.doc
  35. 35. Mineral Resource Area Comprehensive Plan Amendment and Zoning Map Change Staff Report City File No. COMP 05-02, MAP 05-04 December 1, 2005 I. FINDINGS A. On April 29, 2003 Glacier Northwest submitted an amendment to the DuPont Comprehensive Plan and DuPont Zoning Map to apply the Mineral Resource Area Overlay designation to a 260 acre area located south and east of the existing mining area owned by Quadrant Corporation (Exhibit 1). The area is located west of Powerline Road, north of Sequalitchew Creek. B. On April 28, 2005 the applicant revised the amendment. The 260 acre area was reduced to 200 acres and a second 201 acre area located north of the existing mining area owned by Glacier Northwest was added (Exhibit 2). Total land area to be added to the overlay area is 401 acres. Please note: a drawing showing the areas of the proposed amendment is included in Exhibit 2. C. Relevant mineral resource lands statutory requirements are listed in a memo from John Darling, Director of Community Development, dated November 30, 2005 (Exhibit 3). D. Process Amendments shall be processed via a Type V process as required by DuPont Municipal Code (DMC) 25.175.010(4). Type V process includes a community workshop and a separate Planning Agency public hearing and recommendation to the City Council. The Council decides the amendment after considering the amendment and Planning Agency recommendation. a. The DuPont Historical Society submitted a comment letter dated February 18, 2005 (Exhibit 4). The Society requests a historical site identified as the Mission Site be identified and protected. In response, the Mission Site will be discussed at the preapplication review meeting for the related future Glacier Northwest land use application for mineral resource extraction consistent with DMC 25.80, Cultural, Historical and Archaeological Resources. b. Notice of the proposal was issued May 20, 2005. The notice comment period closed June 3, 2005. No comments were submitted during the comment period. c. An Addendum to the City's 2001 Comprehensive Plan Environmental Impact Statement addressing the proposal was prepared and issued June 2005 (Exhibit 5). -1- F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-2 Amendment Staff Report MRO.doc
  36. 36. d. The Department of the Army, Fort Lewis, submitted a comment letter dated August 3, 2005 (Exhibit 6). Fort Lewis recommends hydrologic surveys be conducted to determine potential impacts to the Fort Lewis drinking water and storm/surface water drainage system. In response, the hydrologic study will be discussed at the preapplication review meeting for the future Glacier Northwest land use application for mineral resource extraction. e. DuPont issued a Notice to Adopt EIS Addendum to the 2001 DuPont Comprehensive Plan Environmental Impact Statement for the proposal October ii, 2005 (Exhibit 7). Pursuant to WAC 197-11-630 the notice did not include a comment or appeal period. f. DuPont held a community workshop June 16, 2005. Attached is the Sign-In Sheet (Exhibit 8). g. The Planning Agency Hearing Notice was issued June 17, 2005. h. The Planning Agency held a public hearing and took public testimony on June 13, 2005 and June 27, 2005. i. The Planning Agency conducted a field trip of the Glacier Northwest mining site on August 1, 1005. j. The Planning Agency tabled further discussion of the amendment August 8, 2005 to provide staff additional time to conclude the environmental review of the amendment and prepare a staff report for consideration. k. The Planning Agency, at their November 14, 2005 meeting, announced that the hearing will resume on November 28, 2005. E. Planning Agency Decisional Criteria DuPont Municipal Code 25.170.090 contains decisional criteria for comprehensive plan amendments. The citation states: "In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted SUbstantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with all of the following decisional criteria:" -2- F:CouncilCouncil Packet 200607-25-06 Work SessionComp Plan Ord and Amend13a-2 Amendment Staff Report MRO.doc

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