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.

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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 Technology Park Element of the Cily of DuPont Comprehensive Plan is herehy amended as shown

in Exhibit 3 and DMC Title 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 validi ly 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

"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

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THEREOF ON THE

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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 ("SEP A"), 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.

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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

4.

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.

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:

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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.

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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.

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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.

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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

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LOT A

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PROPERTY MAP ~nooDll &

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.

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1

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.

Darling 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

Se tember 16 2005 (Date)

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2

April 29, 2003

Mr. Ron Summers Glacier Northwest 5975 E. Marginal Way South Seattle, WA 98111

Dear Mr. Summers,

Attachment B

QUADRANT

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

Northwest Landing. 1408 Palisade Boulevard. DuPont, WA 98327· Tel 253.964.2311 • Fax 253.964.2326 www nwl;t;nninn.r:nm

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Lone Star Northwest Job No. 400-001-990-0008 April 28, 2003

A IT ACHMENT "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;

720 South 3LoSth Street

Federal Way, WA 98003

Tel (253) B3B 6113

Fax {253) 838 7101'.

www.esmcivil.com

Tacoma (253) 927 0619

Seattle (206) 623 5911

Bremerton (360) 792 3375

Civil Er',ginh,ring

Prajecl i"'Cli1agemsn\

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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, S 01 °40'32" W, 428.79 feet;

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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

POINT OF 1 BEGINNING

22 23

27 26

UNPLATTED

DRAWING NAME: 400\01\990\EXHIBITS\SR-01.DWG

CONSULTING ENGINEERS LLC

720 S. 34Bth Street I iIIll I * I :f I Federal Way, WA 98003

www.esmcivil.com

FEDERAL WAY (253) 838-6113 eOTKELL (425) 415-6144

Civil Engineering Public Works

land Surveying Project Management

Land Planning Landscape Architecture

23 -26

I I I

UNPLATTED

PARCEL CONVEYED BY STATUTORY WARRANTY DEED - RECORDING NO. 9804150205

---n---

SCALE 1w = 1000'

JOB NO. 400-001-990-0008

DATE : 04-25-03

DRAWN : C.A.F.

SHEET 1 OF 1

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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.

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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).

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E.

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.

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:"

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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."

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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

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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

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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

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 original surface mining proposal in 1992, because elevated concentrations of iron and

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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 oflong­term 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 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 minerals .... "),

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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

] See 1998 Regional Review, Appendix Table I; Industrial Land Supply and Demand in Central Puget Sound Region (February 1998) at 49.

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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

4 This application does not address the requirements of § 25.170.090(3) of the DuPont Land Use Code, because Glacier is not seeking an amendment of the interim zoning map.

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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.

The 2001 amendments to the 1995 comprehensive plan did reduce the amount of land designated "Manufacturing/Research" or "Industrial" by approximately 30%. See 2001 Comprehensive Plan at 14. But it will still take

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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 County­Wide 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 of Mineral 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.

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 2012, and 28% by final City buildout. See 2001 Comprehensive Plan at 15.

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• 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.

s. Filing Fee.

A filing fee of $2,184.00 was submitted in April 1999 with the original application for amendment of the Comprehensive Plan Land Use Map.

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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:\engr\esm-jobs\400101 \9901document\40D01-1 ,doc

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April 29, 2003

Mr. Ron Summers Glacier Northwest 5975 E. Marginal Way South Seattle, WA 98111

Dear Mr. Summers,

Attachment B

QUADRANT

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

Northwest Landing. 1408 Palisade Boulevard. DuPont, WA 98327· Tel 253.964.2311 • Fax 253.964.2326 . ~

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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;

720 South 3ii81h Street

Federal Way. WA 98003

Tel (253) S3S 6113

Fax (253) 638 710li

www.esmcivil.com

Tacoma (253) 927 0619

Seattle (206) 623 5911

Bremerton (360) 792 3375

Civil Engif1Hring

PrDject Management

Le:nd Surveyir.;i

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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, S 01 °40'32" W, 428.79 feet;

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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

POINT OF BEGINNING 1

22 23

27 26

UNPLAnED

DRAWING NAME: 400\01\990\EXHIBITS\SR-01.DWG

CONSULTING ENGINEERS LLC

720 S. 348th Street I @l I * I ~ I Federal Way. WA 98003

FEDERAL WAY (253) 838-6113

www.esmcivil.com BOTHELL (425) 415-6144

Civil Engineering Public Works

Land Surveying Project Management

Land Planning landscape Architecture

@

I I

23 -26

I I I

UNPLArrED

PARCEL CONVEYED BY STATUTORY WARRANTY DEED - RECORDING NO. 9804150205

---n---

SCALE 1" = 1000'

JOB NO. 400-001-990-0008

DATE : 04-25-03

DRAWN : C.A.F.

SHEET 1 OF 1

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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 ("SEP A"), 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 -

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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).

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E.

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.

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:"

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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."

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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

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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 11/30105 4. DuPont Historical Society letter dated 2118105 5. EIS Addendum dated June 2005 6. Department of the Army letter dated 8/3105 7. Notice to Adopt EIS Addendum dated 10111/05 8. DuPont Community Workshop Sign-In Sheet dated 6116105

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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 oflong­term 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, and .170; King County v. Growth Management Hearings Bd., 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 result of 1998 amendments to the GMA, the City must periodically review its existing mineral resource designations. As part of this review, the City takes into consideration any "new information made available" since the initial adoption of such designations, and designates any additional mineral lands that have long-term commercial significance. See RCW 36.70A.131. Decisions of the Central Puget Sound Growth Management Hearings Board have confirmed that any mineral lands of long-term commercial significance should be designated in a comprehensive plan.'

The Washington Supreme Court has explained that "[nJatural 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

1 Although the Washington Supreme Court's decision in King County v. Growth Management Hearings Ed 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 comprehensive plan); Pi/chuck v. Snohomish County, CPSGMHB No. 95-3-0047 (Order re Motions for Reconsideration and Clarification, January 25, 1996) ("a County is ... required by RCW 35.60A.170(l)(c) to designate mineral resource land that has long-term commercial significance for the extraction of minerals .... ").

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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 and around Sequalitchew Creek. The proposed amendment will also put currently unused land and resources to productive nse.

Current low flows in Sequalitchew Creek allow only a limited natural production of anadromous fish. See 200 I 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 amendment 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 amendment 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.3 The current lack of development activity in DuPont's industrial areas suggests that the City too has designated more industrial and manufacturing/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 amendment furthers and is consistent with the goals, objectives and policies of the 2001 Comprehensive Plan, Vision

J See 1998 Regional Review, Appendix Table 1; Industrial Land Supply and Demand in Central Puget Sound Region (February 1998) at 49.

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2020 (1995 Update), and the County-Wide Plmming Policies for Pierce County (as amended December 17, 1996). Second, the proposed plan amendment is consistent with the City's plans, policies, mId regulations for providing community facilities. 4

i) General Planning and Land Use Policies

As explained below, the proposed mnendment meets the goals mId 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 expmIsion would promote the mineral and natural resource policies of applicable planning documents:

* 2001 Comprehensive, LU-39 at 57 ("The [2001] plall amendment identifies the presence of additional minerallallds of long-term cOlllli1ercial significance [within approximately 163 acres southeast] ofthe 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 Gurisdictions should "conserve natural resources by maintaining and enhallcing designated ... mining lands").

* County-Wide Plmming 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 Planning Policies at 32, § 5.1 (each City could consider "placing a primary emphasis on maintaining, enhancing, conserving, and/or protecting" natural resource ImIds, including mineral resources and minerallmlds).

• Plant and Animal Habitat. The creation of a new tributary and the revitalization of Sequalitchew Creek will promote the following policies of

, This application does not address the requirements of § 25.170.090(3) of the DuPont Land Use Code, because Glacier is not seeking an amendment of the interim zoning map.

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the Environmental Systems section of the 2001 Comprehensive Plan and other applicable policies:

* 2001 Comprehensive Plan ESA-I ("Obtain for preservation, environmentally sensitive areas [such as creeks] and those that are valuable 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-ternl 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-I.I. As noted above, however, the PSRC has recently concluded that the current supply of industrial land exceeds projected 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.

The 200 I amendments to the 1995 comprehensive plan did reduce the amount of land designated "Manufacturing/Research" or "Industrial" by approximately 30%. See 200 I Comprehensive Plan at 14. But it will still talee

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a long time for the market demand for these type of uses to equal the supply.s 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 County­Wide Planning Policies of creating an industrial land supply that reflects projected development within a market-based system. See County-Wide Plmming Policies at 19, § I.

• Compatibility of Mineral Designation and Adjacent Uses. The 2001 amendments to the Comprehensive Plan Land Use Map resulted in a number of chmlges to the land use designations of property within Northwest Landing mld nOlth of Center Road. The Comprehensive Plan Land Use Map now designates most of the land surrounding the subject property as Mm1Ufacturing/Research or Industrial. As a result, the mineral expansion area would not create adverse impacts to nearby residential, govermnental, or educational facilities. The proposal is therefore consistent with the goal of the County-Wide Plmming Policies to ensure compatibility between natural resource production and adjacent development activity. See CPP at 21, § 4.

Glacier recognizes iliat 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 ofthe proposed expmlsion area adj acent to it has been mined.

5 As of2001, only 5% of the City's land supply was occupied by "business" uses, which includes "Manufacturing and Research" and "Industrial" uses. This percentage is projected to increase to 12% by 2012, and 28% by final City buildout. See 2001 Comprehensive Plan at 15.

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• 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 of the 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 planning documents:

* 200 I 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 Plarming 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).

ii) Policies Relating to Community Facilities

Glacier's proposed amendment will not create any further 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 mill1agement decisions, see Policy RT-8.l, mining in the expill1sion 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 of record within 300 feet of the subject property, and two sets of stmnped envelopes addressed to the smne, is submitted with this application.

5. Filing Fee.

A filing fee of $2, 184.00 was submitted in April 1999 with the original application for mnendment of the Comprehensive Plan Land Use Map.

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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.

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HeMP HILLIS

CLARK

MARTIN &

PETERSON

/£1 fI' {lflia,'

Mr. John Darling City of DuPont City Hall 303 Barksdale Avenue DuPont, WA 98327-9002

April 29, 2005

Re: Revised Comprehensive Plan Amendment

Dear Mr. Darling:

Ig~ffi@rn~w~/D ... ... ["lAY 0 3 2005--

CITY OF DUPONT BUILDING DEPT

Enclosed please find Glacier Northwest's Revised Application for Amendment of Comprehensive Plan. An Application submitted in April 2003 requested an Amendment of the Comprehensive Plan Land Use Map to extend the City's Mineral Resource Overlay to an approximately 200-acre area, owned by Quadrant Homes, south of the existing mining site. The purpose of the Revised Application is to include an additional201-acre area, north ofthe existing mining site, in the overlay.

Glacier looks forward to continuing to work with the City on this Application

Very truly yours,

/&irk \ ~ \[~ Stephen H. Roos

SHR:kat E-Mail: SHR@hcmp.com

Enclosure

cc (wi encls.): Pete Stoltz, Glacier Northwest EXHIBIT 2 #301782 10552-094 6g%%Ol!.doc

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TIT MERiTAS LAW fiRMS WORLDWIDE

500 Galland Building 1221 Second Avenue Seattle, Washington

98101·2925

phone 206.623.1745 fax 206.623.7789 www.hcmp.com

A PROFESSIONAL SERVICE [ORPORA110N

REVISED APPLICATION FOR AMENDMENT OF COMPREHENSIVE PLAN

Glacier Northwest

April 28, 2005

1. General Legal Description of Property.

The subject property includes the following areas:

CITY OF DUPONT BUILDING DEPT

(a) An approximately 200-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. (An adjusted legal description is forthcoming.) The owner of the property is Quadrant Homes, whose written consent to this application is attached hereto as ATTACHMENT B.

(b) An approximately 20 I-acre area located north ofthe currently approved mining area and west of the Fort Lewis boundary. A legal description of the site is attached as ATTACHMENT C. The property is owned by Glacier Northwest.

A map depicting these two areas in relation to the existing Mineral Resource Overlay is attached hereto as ATTACHMENT D.

2. Description of Plan Amendment.

Glacier requests that the two areas described above be added to the City of DuPont's Mineral Resource Overlay. Because mineral extraction is permitted in all use districts if the property is within the Mineral Resource Overlay, 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 City of DuPont Comprehensive Land Use Plan (2002) (hereafter, "Comprehensive 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 2001 Comprehensive Land Use Plan identifies most of the Quadrant-owned portion of the proposed expansion area 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

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asking the City to add this property, along with the Glacier-owned portion, to the City's Mineral Resource Overlay.

3. Statement of Purpose and Compliance with Decisional Criteria.

a) Statement of Purpose

The proposed expansion of the Mineral Resource Overlay will allow Glacier to mine additional sand and gravel deposits adjacent to the current mine. The Quadrant­owned portion of the proposed expansion area was not included in Lone Star Northwest's original surface mining proposal in 1992, because elevated concentrations of iron and 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 Enviromnental Protection Agency's National Priority List. Possible on-site lead contamination from the former DuPont Works facility has also been remediated and that area is no longer subject to the Department of Ecology Consent Decree. As a result ofthese clean-up actions, the Quadrant-owned portion of the expansion area is now a viable site for mining activities.

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 implement this policy, the GMA directs local jurisdictions: (1) 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, and .170; King County v. Growth Management Hearings Bd., 142 Wn.2d 543, 558, 14 P.2d 133 (2000).1 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 result of 1998 amendments to the GMA, the City must periodically review its eXisting mineral resource designations. As part ofthis review, the City takes into consideration any "new information made available" since the initial adoption of such designations, and designates any additional mineral lands that have long-term commercial significance. See RCW 36.70A.131. Decisions of the Central Puget Sound Growth

I Although the Washington Supreme Court's decision in King County v. Growth Management Hearings Ed. involved GMA requirements for agricultural lands, the identical requirements apply to mineral lands.

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Management Hearings Board have confirmed that any mineral lands of long-term commercial significance should be designated in a comprehensive plan. 2

The Washington Supreme Court has explained that "[n]atural 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 ecological benefits. As discussed below, under Glacier's preferred alternative the expanded Mineral Resource Overlay will not only ensure the continued 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 and 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 anadromous fish. See Comprehensive Plan at 86, 92. If the City approves the proposed mineral expansion, and Glacier obtains a permit for its preferred mining alternative, future mining activities would redirect groundwater from the subj ect 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 sahnon. In addition, North Sequalitchew Creek would provide several thousand lineal feet of additional salmonid habitat. Without the proposed amendment 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 City would lose an excellent opportunity to improve and expand sahnon habitat within the City boundaries.

In addition to providing habitat enhancement, the proposed amendment will allow the productive use ofland 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/actor 0/ 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

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 comprehensive plan); Pilchuckv. Snohomish County, CPSGMHB No. 95-3-0047 (Order re Motions for Reconsideration and Clarification, January 25, 1996) ("a County is ... required by RCW 35.60A.170(l)(c) to designate mineral resource land that has long-term commercial significance for the extraction of minerals ... . ").

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land. J The current lack of development activity in DuPont's industrial areas suggests that the City too has designated more industrial and manufacturinglresearch areas than the market currently demands. 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 amendment furthers and is consistent with the goals, objectives and policies of the Comprehensive Plan, Vision 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 ofthe Comprehensive Plan, Vision 2020, and the County-Wide Planning Policies, in a number of different areas.

• DeSignation a/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:

* Comprehensive, LU-39 at P-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.")

* Comprehensive Plan, LU-39 at P-56, 57 ("the City will designate mineral resources on the Comprehensive Plan Land Use Map").

* Vision 2020 at 40, Policy RO-6.4 Gurisdictions should "conserve natural resources by maintaining and enhancing designated ... mining lands ").

3 See 1998 Regional Review, Appendix Table I; Industrial Land Supply and Demand in Central Puget Sound Region (February 1998) at 49.

4 This application does not address the requirements of § 25.170.090(3) of the DuPont Land Use Code, because Glacier is not seeking an amendment of the interim zoning map.

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* 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 Planning 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 the Natural Environmental and Sensitive Areas section of the Comprehensive Plan and other applicable policies:

* Comprehensive Plan ESA-l at P-60 ("Obtain for preservation, enviromnentally sensitive areas [such as creeks] and those that are valuable natural and aesthetic resource to the City.")

* Comprehensive Plan, ESA-12 at P-62 (support efforts to re-establish pre-diversion flows through Sequalitchew Creek).

* Comprehensive Plan, ESA-16 at P-62 (maintain no net loss in the habitat value and functioning of streams).

* Comprehensive Plan ESA-20 at P-63 ("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 a Supplemental Environmental Impact Statement 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." 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

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period. See Vision 2020, Policy RG-l.1. As noted above, however, the PSRC has recently concluded that the current supply of industrial land exceeds projected 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.

The 2001 amendments to the 1995 comprehensive plan did reduce the amount of land designated "ManufacturinglResearch" or "Industrial" by approximately 30%. See Comprehensive Plan at 14. But it will still take a long time for the market demand for these type of uses to equal the supply.5 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 ManufacturinglResearch and Industrial areas to be used productively for mineral resource extraction, the proposed mineral expansion achieves the Comprehensive Plan's and PSRC's goal of creating an appropriate balance between industrial land supply and proj ected market demand.

• Compatibility with Residential Reserve Portion ofSequalitchew Village. Approximately 201 acres of the proposed expansion area is owned by Glacier. Most of this area has been designated "Residential Reserve." This designation is an "interim measure" until the City completes further study and analysis for a subsequent plan amendment. Comprehensive Plan at P-43; DMC 25.20.010(5). The "Residential Reserve" zoning designation does not preclude the designation of the area for mineral resources.

• 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. At current production rates, the existing mining area will be depleted in approximately 8 years. Expansion of the Mineral Resource Overlay will ensure that the site remains available to meet growing regional demands.

As mining in the expansion area would proceed in future years, excavated areas would be progressively reclaimed; the reclaimed areas will then be available for development if and when there is a demand for additional industrial or residential land in the City. Glacier's amendment thus promotes

5 As of2001, only 5% ofthe City's land supply was occupied by "business" uses, which includes "Manufacturing and Research" and "Industrial" uses. This percentage is projected to increase to 12% by 2012, and 28% by final City buildout. See 2001 Comprehensive Plan at IS.

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the goal articulated in the County-Wide Planning Policies of creating an industrial and residential land supply that reflects projected development within a market-based system. See Connty-Wide Planning Policies at 19, § 1.

• Compatibility of Mineral 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 Drive. The Comprehensive Plan Land Use Map now designates most of the land adjacent to the proposed expansion area 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 Planning Policies to ensure compatibility between natural resource production and adjacent development activity. See CPP at 21, § 4.

• Open Space. Under the current Comprehensive Plan, a buffer aronnd the Mineral Resource Overlay has been designated as open space. Glacier's proposal would change the location of the mining buffer, but not 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 planning documents:

* 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 ofthe natural environment ... ").

* County-Wide Planning Policies at 34, § 12 (each municipality shall designate appropriate open space).

ii) Policies Relating to Community Facilities

Glacier's proposed amendment will not create any further 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-S.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

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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 ofthe City.

4. Adjacent Property Owners.

A list of the names of owners of all property of record within 300 feet of the subject property, along with two sets of stamped envelopes addressed to the same, was submitted with the earlier application. At the City's request, Glacier will provide an updated list.

5. Filing Fee.

A filing fee of$2,184.00 was submitted in April 1999 with the original application for amendment of the Comprehensive Plan Land Use Map.

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CONSUlTING ENGlNEE R S "c I ~ I ~ I ~ I

Lone Star Northwest Job No. 400-001-990-0008 April 28, 2003

ATTACHMENT "A"

LEGAL DESCRIPTION FOR ADDITIONAL MINERAL OVERLAY AREA

THAT portion of Sections 23 and 26, Township 19 North, Range 1 Eas~ 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 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 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 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 instrument 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 leR 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;

720 South 31,Sth Street

Federal Way. WA 9B003

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THENCE along said southerly line, northeasterly 70.68 feet along the arc of a tangent curve 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 comer thereof;

THENCE along the northerly line of said parcel, S 83°12'15" W, 224.67 feet to the northwesterly comer thereof;

THENCE along the westerly line of said parcel, S 06°54'03" E, 211.75 feet to the southwesterly comer thereof;

THENCE S 83°08'23" W, 47.27 feet to a point of curvature;

THENCE westerly 533.75 feet along the arc of a tangent curve to the righ~ having a radius of 3440.00 feet through a central angle of 08°53'24" to a point of tangency;

THENCE N 8J058'13" W, 926.24 feet to a point of curvature;

THENCE northwesterly 39.27 feet along the arc of a tangent curve to the righ~ having a radius of 25.00 fee~ 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 comer of said Section 26 as depicted on said record of survey;

THENCE S 01 °41'03" W, 942.11 feet to a point of curvature;

THENCE southerly 7.00 feet along the arc of a tangent curve to the left, having a radius of 445.00 feet, through a central angle of 00°54'04";

THENCE S 8J059'15" W, 827.27 feet to the easterly line of Lot A of Cily of DuPont Boundary Line Adjustment No. BLA 02-02 as recorded under Pierce Counly 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, S 01 °40'32" W, 428.79 feet;

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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.

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THE DuPONT VISION -A model small city ImO'WII for its planned setting and hometown scnseof community - a place that blends its natural beauty and rich Nordlwest history with a proactive approach to its future.

LEGEND

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o resldentia14

Illi2:I resijential5

m resi:lential12

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o business tech park: o rmnufallJrhg & research

Dhc!lstral D open space I sensitive area 5 m comrrunityparJ<:

o rTililafy

N vilageand lanwse areas "f'., rrineml resource overlay

N existing major city roads

N planned major city roads ,- ...... existing communay trails

~ plannedcommunlytralls

@ tmllSit canler @ Vlater feature

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~ Proposed Mineral Resources Overlay

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Figure 1 Proposed Mineral Resources Overlay

EXHIBIT 2

To:

From:

Date:

Subject:

COMMUNITY DEVELOPMENT DEPARTMENT

303 Barksdale Avenue DuPont, WA 98327

Ph 253.964.8121 Fax 253.964.1455

PLANNING AGENCY MEMBERS

JOHN DARLING

NOVEMBER 30, 2005

MINERAL RESOURCE LANDS: Statutory Requirements

The following are relevant excerpts from Chapter 36.70A RCW Growth Management -­Planning by Selected Counties and Cities relating to mineral resource lands as defined by the statute.

STATUTE REQUIRING THE WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT (CTED) TO DEVELOP GUIDELINES

RCW 36.70A.050 Guidelines to classify agriculture, forest, and mineral lands and critical areas.

(1) Subject to the definitions provided in RCW 36.70A.030, the department shall adopt guidelines, under chapter 34.05 RCW, no later than September 1,1990, to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands; and (d) critical areas. The department shall consult with the department of agliculture regarding guidelines for agliculturallands, the department of natural resources regarding forest lands and mineral resource lands, and the department of ecology regarding critical areas.

(2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forest lands, and mining lands; (f) representatives of local economic development officials; (g) representatives of environmental organizations; (h) representatives of special districts; 0) representatives ofthe governor's office and federal and state agencies; and 0) representatives of Indian tribes. In addition to the consultation required under this subsection, the department shall conduct public hearings in the various regions of the state. The department shall consider the public input obtained at such public hearings when adopting the guidelines.

(3) The guidelines under subsection (1) of this section shall be minimum guidelines that apply to all jurisdictions, but also shall allow for regional differences that exist in Washington state. The intent of these guidelines is to assist counties and cHies in designating the classification of agricultural lands, forest lands, mineral resource lands, and critical areas under RCW 36.70A.170.

Page 1 of 4 EXHIBIT 3

(4) The guidelines established by the department under this section regarding classification of forest lands shall not be inconsistent with guidelines adopted by the department of natural resources.

[1990 1st ex.s. c 17 § S.J

GUIDELINES DEVELOPED BY THE WASHINGTON STATE DEPERTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT (CTED)

WAC 365-190-070 Mineral resource lands.

(1) Counties and cities shall identify and classify aggregate and mineral resource lands from which the extraction of minerals occurs or can be anticipated. Other proposed land uses within these areas may require special attention to ensure future supply of aggregate and mineral resource material, while maintaining a balance of land uses.

(2) Classification criteria. Areas shall be classified as mineral resource lands based on geologic, environmental, and economic factors, existing land uses, and land ownership. The areas to be studied and their order of study shall be specified by counties and cities.

(a) Counties and cities should classify lands with long-tenn commercial significance for extracting at least the following minerals: Sand, gravel, and valuable metallic substances. Other minerals may be classified as appropriate.

(b) In classifying these areas, counties and cities should consider maps and infonnation on location and extent of mineral depOSits provided by the Washington state department of natural resources and the United states Bureau of Mines. Additionally, the department of natural resources has a detailed minerals classification system counties and cities may choose to use.

(c) Counties and cities should consider classifying known and potential mineral deposits so that access to mineral resources of long-tenn commercial significance is not knowingly precluded.

(d) In classifying mineral resource lands, counties and cities shall also consider the effects of proximity to population areas and the possibility of more intense uses of the land as indicated by:

0) General land use pattems in the area;

(ii) Availability of utilities;

OiQ Availability and adequacy of water supply;

Ov) Surrounding parcel sizes and surrounding uses;

(v) Availability of public roads and other public services;

(vQ Subdivision or zoning for urban or small lots;

(vii) Accessibility and proximity to the point of use or market;

Page 2 of 4 EXHIBIT 3

(viiO Physical and topographic characteristics of the mineral resource site;

(ix) Depth of the resource;

(x) Depth of the overburden;

(xi) Physical properties of the resource including quality and type;

(xii) Life of the resource; and

(xiii) Resource availability in the region.

[Statutory Authority: RCW36. 70A.050. 91-07-041, § 365-190-070, filed 3115191, effective 4115191.]

STATUTE FURTHER DEFINING RESPONSIBILITIES OF COUNTIES AND CITIES IN THE ADOPTION AND USE OF NATURAL RESOURCE LANDS AND CRITICAL AREAS DEVELOPMENT REGULATIONS

RCW 36.70A.060 Natural resource lands and critical areas - Development regulations.

(1)(a) Except as provided in RCW 36.70A1701, each county that is required or chooses to plan under RCW 36.70A040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted underthis subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A040. Such regulations shall assure that the use of lands adjacent to agricuHural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.

(b) Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricuHurallands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.

(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A170. For counties and cities that are required or choose to plan under RCW 36.70A040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.

(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A040 and implementing development regulations under RCW 36.70A.120 and may aHer such designations and development regulations to insure consistency.

Page 3 of 4 EXHIBIT 3

(4) Forest land and agricultural land located within urban growth areas shall not be deSignated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

[2005 c 423 § 3; 1998 c 286 § 5; 1991 sp.s. c 32 § 21; 1990 1st ex.s. c 17 § 6.)

NOTES:

Intent -- Effective date - 2005 c 423: See notes following RCW 36.70A.030.

STATUTE DESIGNATING NATURAL RESOURCE LANDS AND CRITICAL AREAS

RCW 36.70A.170 Natural resource lands and critical areas - Designations.

(1) On or before September 1, 1991, each county, and each city, shall designate where appropriate:

(a) Agricultural lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products;

(b) Forest lands that are not already characterized by urban growth and that have long-term significance for the commercial production of timber;

(c) Mineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals; and

(d) Critical areas.

(2) In making the deSignations required by this section, counties and cities shall consider the guidelines established pursuant to RCW 36.70A.050.

[1990 1st ex.s. c 17 § 17.]

Page 4 of 4 EXHIBIT 3

Mr. Bill McDonald Administrator City of DuPont 303 Barksdale Avenue DuPont, WA 98327

Dear Mr. McDonald,

DuPont Historical Society 207 Barksdale Avenue

DuPont, WA 98327

February 18, 2005

The citizens of DuPont are privileged to reside in the "cradle of United States History" in Puget Sound. There are several important historical sites in DuPont; among them are the fIrst and second Nisqually forts, the Wilkes Observatory and the Nisqually Mission. In a Memorandum Of Agreement Among Weyerhaeuser Company, Weyerhaeuser Real Estate Company, City Of Dupont, The Nisqually Point Defense Fund, Committee For The Preservation Of The Nisqually Mission Historical Site, The Nisqually Delta Association And The Dupont Historical Society on December 12, 2000, the mission site was identifIed as a signifIcant historical site.

The mission is just a few hundred yards west of Center Drive and just north of Sequalichew Creek (within sight of the 1843 Fort Nisqually site). In April of 1839, William Holden Wilson began construction on a small mission house with an attached schoolroom. The mission house was surrounded by a palisade. This was the fIrst American (US) building erected in the Puget Sound region. Although the site has not been fully excavated archaeologically, (a preliminary archaeological investigation was conducted) its location can be pinpointed with a great degree of certainty, based on eyewitness descriptions and maps of the period.

In June of 1840, Oregon pioneer Jason Lee appointed William Holden Wilson as "carpenter­doctor" and the Reverend John P. Richmond as "missionary." With Richmond came his wife "America" and their four children. Miss Chloe A. Clark was appointed teacher at the mission school. On July 1 0, 1840, the missionary reinforcements arrived at the Nisqually site. They were the fIrst Americans (US citizens) to settle north of the Columbia and west of the Cascades. Their arrival antedated other American entrance into the region by fIve years.

The City of DuPont Mineral Resources EIS Addendum, dated January 2005, proposes to amend the City of DuPonfs Comprehensive Plan Use Map to identify and designate mineral resource lands for commercial development. The map on page fIve and the descriptions on page 18 of the Addendum neglect identifying the historical mission site and include the site in the area authorized for mining operations. The failure to identify the mission site and protect this signifIcant historical area is of great concern to us.

EXHIBIT 4

,.

We respectfully request that the City of DuPont Mineral Resources Lands EIS Addendum dated January 2005 be modified to reflect the protection of the historical mission site prior to consideration by the City of DuPont Planning Agency and the City of DuPont City Council.

Thank you for your consideration,

'~/~t/~J ClPd-vV-' I Richard A Robinson, Jr u---President DuPont Historical Society

~(!Jj.y!MX Bert Wyant •• (j Chair DuPont Museum

EXHIBIT 4

CITY OF DUPONT

Mineral Resource Lands

EIS Addendum

June 2005

EXHIBIT 5

Mineral Resource Lands EIS Addendum

Table of Contents

Section

I. Proposed Comprehensive Plan Amendment ............................................................................... 4 A. Planning Framework. ............................................................................................................. 7

Growth Management Act Reqnirements ................................................................................. 7 Surface Mining Act ................................... '" ........................................................................... 8 DuPont Comprehensive Plan Policies ..................................................................................... 8

B. Environmental Review .......................................................................................................... 9 Enviromnental Review Process ................. '" ........................................................................... 9 Existing Environmental Documents ..................................................................................... 10

II. New Information and Analysis of the Proposed Action ............................................................ 12 A. Presence of Mineral Resources ............................................................................................ 12 B. Environmental Analysis ....................................................................................................... 12

I. Natural Environment.. ...................................................................................................... 13 a. Earth ............................................................................................................................. 13 b. Air ................................................................................................................................ 13 c. Water ............................................................................................................................ 14 d. Plants and Animals ...................................................................................................... 15

2. Human Environment ........................................................................................................ 17 a. Land & Shoreline Use .................................................................................................. 17 b. Population, Housing, and Employment ....................................................................... 19 c. Historic and Cultural Resources .................................................................................. 19 d. Aesthetics, Light, and Glare ........................................................................................ 20 e. Transportation ............. '" .............................................................................................. 21 f. Environmental Health ....................... '" ......................................................................... 22 g. Public Services and Utilities ........................................................................................ 22

List of Figures

Figure

Figure I. Proposed Mineral Resources Overlay ............................................................................. 5 Figure 2. Mineral Resource Overlay and Nearby Cultural Sites ........................................ 6

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Mineral Resource Lands EIS Addendum

Action Sponsor and Lead Agency

Proposed Action

Responsible Official

Contact Person

Fact Sheet

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City of DuPont 3030 Barksdale Avenue

DuPont, WA98327

The proposed action consists of a revision of the City of DuPont's Comprehensive Plan Land Use Map to identify and designate mineral resonrce lands of long-term commercial significance. This revision wonld apply a Mineral Resource Overlay designation to two areas located north of Sequalitchew Creek. Both areas are adjacent to the site currently approved for mining: (I) approximately 200 acres of land owned by the Weyerhaeuser Company located south and east of the eXlstmg mining area; and (2) approximately 201 acres of land owned by Glacier NW, located north of the currently approved mining area and west of the Fort Lewis bonndary.

The proposed amendment IS intended to conserve known mineral resources, and to implement the mineral resonrce provisions of the Growth Management Act (GMA, RCW 36.70A.170) and relevant policies in the City's Comprehensive Plan. Approval of the amendment would not authorize mining of identified resources and would not change the underlying land nse and zoning designations of the areas.

John Darling Director of Community Development

(253) 912-3300

John Darling Director of Community Development

(253) 912-3300

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Mineral Resource Lands E/S Addendum

Required Approvals Adoption by the City of DuPont City Council of amendments to the Comprehensive Plan; review and comment by the Washington Office of Community Development will also be provided, as required by the GMA.

EIS Addendum Authors Huckell/Weinman Associates 270 Third Avenue, Suite 200

Kirkland, W A 98033 (425) 828-4463

Location of Backgronnd Data City of DuPont 3030 Barksdale Avenue

DuPont, W A 98327

Date of Issuauce October II, 2005

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Mineral Resource Lands E/S Addendum

City of DuPont Comprehensive Plan Amendment

EIS Addendum

I. Proposed Comprehensive Plan Amendment

The proposed action addressed in this addendum consists of a revision of the City of DuPont's Comprehensive Plan Land Use Map to identifY and designate mineral resource lands of long-tenn commercial significance. This revision would apply a Mineral Resonrce Overlay designation to two areas located north of Sequalitchew Creek. Both areas are adjacent to the site currently approved for mining: (1) approximately 200 acres ofland owned by the Weyerhaeuser Company located south and east of the existing mining area; and (2) approximately 201 acres ofland owned by Glacier NW, located north ofthe currently approved mining area and west of the Fort Lewis bonndary (see Figure I, "Proposed Mineral Resources Overlay"). The underlying land use and zoning designations of the areas proposed for the Mineral Resource Overlay, and the ultimate planned uses following mining and reclamation, are primarily Manufacturing Research Park & Technology, and some Residential.

The proposed amendment is intended to conserve known mineral resources, and to implement the mineral resource provisions ofthe Growth Management Act (GMA, RCW 36.70A.170) and relevant policies in the City's Comprehensive Plan. Approval of the amendment would not authorize mining of identified resources and wonld not change the underlying land use and zoning designations of the areas. Approval of a project development application and completion of environmental review would be required before mining could occur on any designated mineral resource lands.

DuPont's current Comprehensive Plan Land Use Map (2001) designates a Mineral Resonrce Overlay area north of Sequalitchew Creek. This area consists of approximately 420 acres, most of which is owned hy the Weyerhaeuser Company and leased to Glacier NW (Glacier NW owns approximately 60 acres of the total). The existing Mineral Resource Overlay area corresponds to the area approved for mining in 1995, and is shown (bordered in blue) on Figure 1.

At the time the Pioneer Aggregates project was initially proposed and underwent environmental review, the 200-acre area located just north ofSequalitchew Creek and east of the Pioneer Aggregates site, was fonnerly affected by groundwater contamination stemming from the Fort Lewis Landfill. This area was, therefore, excluded from the original mining proposal. Clean up of this area was completed in 1992, and the area would now meet criteria in the GMA and the City's Comprehensive Plan for designation as Mineral Resource Lands.

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Mineral Resource Lands EIS Addendum

TIlE DuPONTVISION -A model smatI city knOWli for iUp[:lIllledsetting 9Ild

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5

Figure 1 proposed Mineral Resources Overlay

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Mineral Resource Lands EIS Addendum

EXISTING MINERAL RESOURCE OVERLAY

PROPOSED MINERAL RESOURCE OVERLAY '* METHODIST EPISCOPAL MISSION '* BURNING GROUND DUMP SITE

Figure 2 Mineral Resource Overlay and Nearby Cultural Sites

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Mineral Resource Lands EIS Addendum

The proposed amendment reflects continued actious by the Ci1y to implement GMA policies regarding the conservation of resource lands and to adhere to resource lands policies in the Ci1y's Comprehensive Plan, as amended in 200 I. This amendment, therefore, recognizes the presence of similar high-quali1y aggregate resources to the east and north of the existing Glacier NW Pioneer Aggregates Mine and provides for their conservation through the application of a Mineral Resource Overlay for these areas. As identified in the Pioneer Aggregates Mining Facility and Reclamation Plan EIS (1992-1993), these areas have been found to contain similar geologic units as those present in the existing mining area.

A. Planning Framework

Growth Management Act Requirements

The Growth Management Act (RCW 36.70A) sets forth planning goals and substantive requirements that must be incorporated into local comprehensive plans and development regulations. The GMA also requires that adopted plans and development regulations be reviewed and updated on a continuing basis to ensure that plans and development regulations are consistent with each other and with the GMA (RCW 36.70A.130). Amendments to the plan must also be consistent with GMA.

GMA requires all cities and counties to designate mineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals (RCW 36. 70A.040 (3)(b), 36. 70A.170 (1)( c». The purpose of designation is to identifY and conserve mineral resource lands so that future mining is not precluded by land use actions. "Minerals" are defined to include gravel, sand, and valuable metallic substances (RCW 36.70A.030 (11». "Long-tenn commercial significance" (for agricultural, forest and mineral lands) is determined based on growing capaci1y, productivi1y, and soil composition, along with the land's proximi1y to population areas, and the possibili1y of more intensive uses of the land (RCW 36.70A.030 (10)).

Cities and counties must also adopt development regulations to assure that designated resource lands are conserved (RCW 36.70A.060). Regulations should assnre that adjacent land uses do not interfere with use of designated lands for the extraction of minerals. Notice ofthe potential for mining on designated resource lands must be contained in all plats and development and bnilding pennits for adjacent lands (within 500 feet).

As part of their ongoing review of adopted comprehensive plans, cities and counties must review their mineral resource designations and regulations (RCW 36.70A.13I). Among other things, this review must consider new information relating to mineral resource deposits.

In designating mineral resource lands, cities and counties must also consider procedural guidelines enacted by CTED (RCW 36.70A.170 (2)). The guidelines, contained in WAC 365-195-400, suggest that review of existing desiguations should focus on whether planned land uses adjacent to mineral resource lands would interfere with "the continued use in an accustomed manner and in accordance with best management practices of the designated land for ... the extraction of minerals (WAC 365-195-400 (2)(d)."

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Surface Mining Act

The Washington Surface Mining Act (RCW 78.44) establishes responsibilities and criteria for mining and reclamation of mineral extraction activities. The Act recognizes that "the 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 seeks to achieve a balance between environmental regulation and the production and conservation of minerals (RCW 78.44.010). The intent of the Act is to clarifY that surface mining is an appropriate land use, subject to reclanlation authority exercised by the Department of Natural Resources (DNR) and that land use and operation regulatory authority is exercised by counties, cities, and towns (RCW 78.44.011).

DNR is responsible for ensuring that reclamation follows completion of surface and underground mining; the agency has exclusive authority to regulate mine reclamation and approve reclamation plans. "Reclamation" is defined to mean rehabilitation for the appropriate futnre use of distnrbed areas resulting from surface mining (RCW 78.44.031 (11 ». The Act includes requirements and criteria for approval of reclamation plans, including the following:

• • • • •

•

Segmental or progressive reclamation; Preservation ofthe topsoil; Slope restoration such that highwalls are rounded in plan and section for all mines; Stable slopes; Final topography that generally comprises sinnous contours, chutes and buttresses, spurs, and rolling mounds and hills, all of which blend with adjacent topography to a reasonable extent; Effective revegetation with mUlti-species ground cover and trees.

Mining "operations," which include all mine-related activities except reclamation, are regulated by local governments, or by state and federal agencies.

DuPont Comprehensive Plan Policies

DuPont's Comprehensive Plan, originally adopted in 1994, contains an overall vision for the City's futnre growth and provides policies to guide the attailllnent of that vision. The Plan's "elements" (or chapters) and policies address land use, economic development, the natnral environment and sensitive areas, cultnral resources, parks and recreation, housing, transportation, capital facilities, and essential public facilities. The Plan is built on a number of principles or gniding concepts including achieving a balance of housing, jobs and services; creating distinct and non-isolated neighborhoods; a balance of transportation components; and other such community attributes.

In 2001, the City amended the Comprehensive Plan Land Use Map and text to accomplish a modified balance of land uses that reflected changed conditions and new infonnation. An addendum to the Comprehensive Plan EIS was prepared to provide additional environmental infonnation. Overall, the Comprehensive Plan amendment resulted in an increase in residentially designated land, decreased business uses, increased public uses, increased open space, and decreased sensitive areas and buffers. A futnre village (Sequalitchew Village) was identified within the designated Mineral Resource Overlay (i.e., the approved Pioneer Aggregates site). The village would be developed in the longer te1'lll (more than 10 years) for a mixtnre of

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manufacturing and research uses (southern portion) and residential uses (northeastern portion). A potential park was identified along the Puget Sound bluffs north of the mouth of Sequalitchew Creek. A series of trails would connect it to the Sequalitchew Creek Canyon, the village, and other neighborhoods. An urban design feature/focal point is also identified north of the Creek and west of Center Drive.

Changes also occurred in the mixed-use Town Center planned south of Sequalitchew Creek and east of Old Fort Lake. To reflect site conditions and the status of ongoing remediation activities, the area was re-designated for Business Technology Park and a golf course partially surrounding Old Fort Lake. Construction of the golf course was an integral part of the remediation plan for the site.

The 2001 Comprehensive Plan amendment also identified some mineral resource lands of long­tenn significance and provided for their conservation in accordance with the GMA. Amendments to the plan's mineral resource policies established a two-step process for conserving long-tenn commercially significant mineral resource lands (LU-39). First, ongoing planning and evaluation would be used to identifY lands that contain significant mineral resources. Second, the City would designate newly identified mineral resources in the Comprehensive Plan Land Use Map. Designation could occur independently or concurrent with review of a proposed mining application.

A Mineral Resource Overlay designation was applied to the Land Use Map, encompassing the existing area approved for mining. The policy requires that mining occur in phases and that reclaimed land be used consistent with tlleir comprehensive plan designation and the conditions of any mining pennit authorized by the City (LU-40).

B. Environmental Review

Environmental Review Process

The City of DuPont is using phased environmental review (pursuant to WAC 197-11-060(5) and 197-11-228 (2)(b)) to consider designation/development of new mineral resource lands. Phasing of environmental review is intended to help decision-makers and the public to focus on environmental issues that are clearly defined and ready for decision now, while deferring analysis of other issues that are not ready for decision, or for which additional infonnation is needed before a decision can be made. Phased environmental review generally progresses from proposed actions that are broad in scope and general in nature (such as revisions to a comprehensive plan), to those that are narrow in scope and more detailed (such as project-specific actions).

In DuPont's case, the current phase of environmental review considers only the proposed revision to the Comprehensive Land Use Map; it would not authorize development or extraction of mineral resources. Future phases of environmental review will consider project-related impacts (and associated mitigation) of specific mining proposals. The identification of environmental issues in an addendum for the Comprehensive Plan action would help to focus subsequent environmental review for a project proposal.

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Mineral Resource Lands EIS Addendum

An addendum provides additional analysis andlor information about a proposal or alternatives where their significant environmental impacts have been evaluated in previous environmental documents (WAC 197-11-600 (3)(b )(ii)). An addendum is appropriate when the impacts of the new proposal are the same general types as those identified in the prior documents, and when new analysis does not substantially change the analysis of significant impacts and alternatives in the prior environmental documents (WAC 197-11-600(4)( e), 197-11-706). Consistent with these rules, this addendum provides additional infonnation about issues and impacts associated with designation of mineral resource lands and outlines a range of potential mitigation measures to address impacts associated with future mining.

Existing environmental documents have considered the effects of mining mineral resources in the area of the City north of Sequalitchew Creek. These include: an EIS for tl,e City of DuPont Comprehensive Plan (1994); an EIS Addendum for the Comprehensive Plan Amendment (2001); an EIS for the Pioneer Aggregates Mining Project (1993); and a Supplemental EIS for the DocklBarge Loading Facility and Shoreline Master Program Amendment (1995).

Environmental analysis is currently in progress for a project-level mining proposal in an approximate 200-acre area northeast of Sequalitchew Creek; this area is proposed for designation as mineral resource in this Comprehensive Plan amendment. That proposal would include expansion of existing mining operations at the approved Pioneer Aggregates Mine. A Draft Supplemental EIS, which will supplement the Final EIS for the Pioneer Aggregates Mining Facility & Reclamation Plan, is being prepared. It would build on the environmental infonnation contained in this addendum and in previous SEP A documents.

Existing Environmental Documents

As noted previously, the proposed Comprehensive Plan Amendment is intended only to designate and conserve known mineral resonrces consistent with the GMA; approval ofthe amendment would not autllOrize mining on any designated sites within the City. Therefore, amendment of the Comprehensive Plan Land Use Map would not per se result in any impacts to the environment. It would, however, conserve commercially significant resources so they could be extracted over tl,e long ternl. Approval of a specific mining project would result in environmental impacts and would require separate review and approval.

Relevant infornlation about the environmental impacts of mining is contained in several existing SEPA documents, as noted previously. These documents are being adopted (pursuant to WAC 197-11-630) to incorporate existing infonnation and analysis into this addendum. The infornlation in existing mining-related environmental documents is summarized below. Relevant infornlation contained in the Comprehensive Plan EIS and EIS Addendum is summarized in Section II of this document.

2001 Comprehensive Plan Amendment EIS Addendum

In 200 I, the City amended the Comprehensive Plan Land Use map and text to balance land uses in a marmer that reflected changed conditions and new infornlation. The EIS Addendum noted that the general environmental impacts of mining are identified in the Pioneer Aggregates Mining Facility and Reclamation Plan EIS, and that more site-specific analysis would be required when proposals to designate and/or to develop additional mineral resources was received by the City.

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Mineral Resource Lands EIS Addendum

Pioneer Aggregates Mining Facility ami Reclamation Plan EIS (1992-1993)

The City published a Draft EIS for the Pioneer Aggregates mining project in January 1992, and a Final EIS in February 1993. The EIS considered the site-specific environmental impacts of sand and gravel mining, associated processing, transport, and reclamation. Major project elements identified and evaluated in the EIS included the foIIowing:

• Progressive clearing of mining of the site in 20-40 acre increments over 20-25 years; a buffer of existing vegetation was proposed along the Puget Sound bluff (along the west and south) to screen mining activities from offsite views;

• Construction and operation of a processing plant for sorting, washing, crushing, stockpiling and transporting aggregate;

• Repair and improvement of an existing dock located in Pnget Sound to accommodate barge­loading for transport of aggregate;

• Construction of two above-ground conveyor systems to transport mined materials between the mining area, the processing plant, and a dock facility located on Puget Sound, just west of the mining area;

• Construction of a haul road for truck transport of mined materials, and construction of a maintenance/emergency access road adjacent to Sequalitchew Creek;

• Future construction of a concrete plant and asphalt concrete plant on the processing site; and • Progressive reclamation ofthe site, including the replacement of topsoil and revegetation

(pursuant to a proposed plan) as mining is completed.

A conveyor system was proposed to extend from the bottom of the blnff to the dock on Puget Sound. The proposal included improvements to the dock (originaIIy constructed in 1909 and rebuilt in 1929) to make it serviceable for loading and barge transport of aggregates. Public access was also proposed to a portion of the dock, which would be accessed by pedestrians from the Sequalitchew Creek trail.

The 1993 Pioneer Aggregates Mining Facility Final EIS evaluated environmental impacts to the following elements of the environment: earth, air, snrface water, groundwater, marine sediments, plants and animals, environmental health, noise, land use, aesthetics, historic resources, transportation, and public services and utilities. To alleviate the identified enviromnental impacts to the various elements, several mitigation measures were recommended including, but not limited to, phased clearing, mining, and reclamation; buffering of Puget Sound and Sequalitchew Creek; and mining above the groundwater table.

Pioneer Aggregates Barge Loading Facility and DuPont Shoreline Master Program Amendment SEIS (1995)

The Pioneer Aggregates mining permit was appealed and a mUlti-party settlement involving revisions to the approved project was concluded in 1994. A SEIS was completed to document the environmental impacts resulting from modifications, including abandoning the existing DuPont dock, constructing and operating a new dock for loading and shipping aggregates at Tatsolo Point, an associated conveyor system from the processing plant to the dock, and an access road. Map and text amendments to the City of DuPont Shoreline Master Program (SMP) were also proposed to permit a dock at Tatsolo Point. A Supplemental EIS (1995) was prepared to review the impacts of these modifications.

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Mineral Resource Lands EIS Addendum

II. New Information and Analysis ofthe Proposed Action

This section contains environmental information about the proposed Comprehensive Plan Mineral Resource Overlay designation. It is based on analysis contained in the existing environmental documents noted previously. Information concerning the presence of long-tenn commercially significant mineral resources in the City is also identified. Overall, the City's review of the proposal and existing information did not identifY any new or significantly different environmental impacts associated with designation of mineral resource lands. Future environmental'analysis for individual mining proposals would address any unique or different impacts and appropriate mitigation measures.

A. Presence of Mineral Resources

The existing Mineral Resource Overlay conesponds to the area of the Pioneer Aggregates Mining Project, approved in 1993 and designated on the Comprehensive Plan Land Use Map in 200l. Information in the Pioneer Aggregates Final EIS (1993) documented the presence oflong-term commercially significant deposits of sand and gravel on the site of the proposal. As indicated in tl,e Earth section of that Final EIS (pages 53-56, and Figures 19-21), the northwestern portion of the City -located between Sequalitchew Creek, the City's northern boundary, Puget Sound and Center Drive - is generally characterized by the same geology. Three geologic units are predominant on or near the surface -- Steilacoom Gravels, the Vashon Formation, and the Kitsap Formation. The Steilacoom Gravels are an extremely high quality deposit of sand and gravel and are regarded as some of the finest naturally OCCUlTing concrete aggregate in the world. Steilacoom gravel includes consistently sized (medium to coarse) gravel and interstitial sand, with cobble and boulder sizes common. The Vashon drift includes recessional outwash sands and gravels, glacial till, and advance outwash sands and gravels. The Kitsap formation is categorized by local, oxidized sand and gravel underlain by silt, clay, and fine sand, with discontinuous peat layers.

As part of the analysis performed for the Pioneer Aggregates Mining Facility and Reclamation Plan EIS (1992-1993), it was found that the two additional areas proposed for Mineral Resource designation also contain substantial deposits of sand and gravel of similar quality (based on the presence of similar geologic units) as those present in the existing mining area. These areas are, therefore, appropriate for designation as Mineral Resource Lands, based on definitions in the GMA and policies in the DuPont Comprehensive Plan.

B. Environmental Analysis

The environmental impacts of designating additional mineral resource lands are identified below. Because designation is a programmatic action (i.e., land use map change) intended to conserve resources, it would not directly result in mining and impacts are, therefore, limited. The discussion for each element of the environment also includes a summary of the type of general impacts that could occur if a mining proposal were to be approved in the future. In general, such as proposal is assumed to be similar to and an expansion of Glacier's existing mining operation. Overall, the type and magnitude of probable impacts are addressed in the existing environmental documents that are being supplemented and/or adopted under SEPA. The range of mitigation

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measures identified for expected impacts indicate the general outline of a mitigation program for future mining activities. These general mitigation measures would be confinned andlor modified based on future project-level environmental analysis.

1. Natural Environment

a. Earth

As noted in the Pioneer Aggregates Final EIS and summarized in subsection A above, the geology of the areas proposed for designation consists of Steilacoom Gravels, Vashon Fonnation and Kitsap Fonnation. These geologic formations indicate the presence of significant sand and gravel deposits which are of high quality. The Steilacoom Gravels are generally considered to be of exceptional quality and are in high demand. Designation of a Mineral Resource Overlay would conserve these resources.

Future mining could potentially impact the topography, soils, geology, and slope stability of the area. Mining activities have the potential to induce erosion, landslides, and seismic impacts to a given area, depending on the characteristics of the site. Although direct mining activities have the highest potential for impact, associated grading activities (such as road construction, gravel processing, stockpiling) can also impact the topography, soils, and slope stability of a site. These impacts are discussed in existing environmental documents.

Appropriate mitigation measures for any proposed mining activity would be based on the specific characteristics of the proposal, but would generally include regrading, replacement of topsoil, and revegetation. Additional measures associated with mining could include the use of vegetation, terracing, and annoring of drainage channels, the use of buffers to protect steep slopes, reuse of topsoil, and disposal of contaminated fill.

Mitigation measures identified in the City's 1995 Comprehensive Plan SEIS include the adoption of a Sensitive Area Ordinance, planning and review of stonnwater system designs, and SEP A review of individual proposals. Specific mitigation measures would be included in any future project-level analysis, mining plan, reclamation plan, and applicable penn its to address issues relating to slope stability, erosion and sedimentation.

h. Air

Although there are currently no agency air quality monitoring stations in the immediate vicinity, existing air quality in the area has been shown to be well within the ambient air quality standards set forth by regional, state, and federal agencies. In a comprehensive 1978 study concerning particulate matter in the immediate area conducted by Weyerhaeuser, primary pollutants such as total suspended particulates and illhalable particulate matter were measured and found to be below ambient air quality standards. Ozone concentrations have also been monitored in the area, but the source of ozone emissions was detennined to be large urban areas, such as the City of Seattle. Carbon monoxide levels were measured in 1987 at the Pacific Bell relay station just west of the intersection of Barksdale Avenue and DuPont -Steilacoom Highway. The highest concentration recorded for an 8-hour period was still only 37 percent of the level allowed by air quality standards.

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Depending on the time of the year, temperature inversions may occur in the area creating poor atmospheric dispersion conditions that increase automotive-related pollution by trapping pollutants close to the ground. Published meteorological summaries indicate that snch inversions are sporadic and usually last for a few days.

Designation of a Mineral Resource Overlay would not result in new significant impacts to air quality beyond those identified in existing environmental documents. Impacts to air quality from any future mining activity would generally consist of particulate matter and air emissions from materials mining, processing, and transport of aggregate materials (both by truck and barge). The amount of material being mined and transported at anyone time wonld affect the quantity of emissions and cannot be quantified. Construction of mining facilities that are necessary for extraction and processing also have the potential to impact air quality in and around the site. However, processing facilities already exist to support current mining activities and would not likely be expanded significantly for any future operations. Air quality impacts could also include carbon monoxide emissions in addition to mining facility odors.

Mitigation measures used to decrease air quality impacts associated with mining activities include the use of best available technology to control facility emissions, road paving, washing trucks, properly maintaining equipment, and reducing the distances heavy machinery, such as front loaders, have to travel on site. Relative to truck transport, use of barges to transport most mined materials (i.e., 80 percent) would generate lower levels of vehicular traffic and emissions. Additional mitigation measures (identified in the City's Comprehensive Plan SEIS, 1995) include the encouragement of physical separation from land uses that generate airborne pollutants, promotion of the use of lower-polluting industrial equipment, and ensuring that developments meet or exceed applicable air quality standards. Air emissions would also be regulated by regional, state, and federal agencies.

c. Water

Surface water features in the area include the Nisqually Reach, Sequalitchew Creek, the deep water channel of the Nisqually River, and the emergent salt marshes and tidal areas ofthe delta. Multiple aquifers make up the groundwater system in the area, including the Vashon Drift, Sequalitchew Delta, Salmon Springs (Flett Creek), Stuck (Lakewood) Glacial Drift, Orting (Lone Star) Glacial Drift, and an unnamed additional Glacial Aquifer. The deepest aquifer in this system extends down to approximately 800 feet below mean sea level. The groundwater flow in the near surface aquifers in generally to the northwest toward Puget Sound and has been found to be as shallow as 15 feet (Vashon Drift Aquifer) near Fort Lewis Landfill No.5. Detailed groundwater quantity characteristics such as average linear flow may be fonnd in the Pioneer Aggregates FEIS, Appendix E, Table E2, for each hydrologic unit.

Designation of additional Mineral Resource Lands would not per se affect ground or surface water resources. Future mining activities, however, could impact the quality and quantity of groundwater and surface water, including Puget Sound. Construction activities have the potential to discharge runoff and increase sedimentation. Spillage of hazardous materials indirectly into shallow groundwater also has the potential to impact nearby surface water drainages through discharge.

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Mineral Resource Lands EIS Addendum

Depending on topography and site conditions, runoff from excavation can be extensive and can contain contaminants from the soil or mining equipment. Processing operations would use water to wash sand and gravel prior to transport. Processing runoff is usually recycled or collected in sedimentation ponds on-site. All stormwater and process water is managed in accordance with the Washington State Department of Ecology (DOE) National Pollutant Discharge Elimination System (NPDES) pernlit. All materials, including lubricants and fuels, are stored, handled, and disposed of in accordance with state and federal requirements for handling these materials.

Depending on the depth of mining proposed and the location of the water table, extraction of sand and gravel could also dewater shallow groundwater on-site. The impacts of dewatering groundwater are highly dependent on the characteristics ofan area's hydrology, soils, topography, and geology. Potential impacts were previously identified in the Pioneer Aggregates EIS. The project-level environmental analysis that is currently underway for a pOltion of the area proposed for designation as Mineral Resource Lands is evaluating mining into groundwater as a design alternative. This design could include constructing a new channel to convey groundwater to Sequalitchew Creek. Potential impacts, which will be evaluated in detail in a project-specific EIS, could include increased surface water discharge, changes in groundwater recharge, erosion, sedimentation, reduced water supply to wetlands, changes to surface water/groundwater hydrology, impacts to vegetation, and potential changes to existing coastal marshes. Diverting groundwater via a constructed channel to Sequalitchew Creek could also increase stream flows and enhance fish habitat. The impacts of mining into and diverting the site's groundwater, and measures to mitigate any impacts, will be investigated in detail in the project-specific EIS.

Measures to mitigate potential impacts to water resources as a result of mining operations are usually specific to the category of impact, primarily changes to water (surface and groundwater) volume and water quality. Mitigation measures applied to changes in water volume can include llie use of gravel roads and roadside ditches to increase rainfall infiltration, incremental mining extraction willi progressive revegetation, and limiting construction to the dry season. Increases in surface water volume as a result of groundwater dewatering may include the use of phased dewatering, slope stability measures to reduce increased sheer stress, creation of large woody debris (L WD) in nearby surface water drainages, slope design, and flow monitoring.

Measures to mitigate potential impacts to water quality could include the use of an emergency spill response plan and appropriate containment and monitoring equipment, and locating processing equipment away from exposed groundwater. Additional mitigation measures (identified in the City's Comprehensive Plan SEIS) includes the requirements of the City's Sensitive Areas Ordinance, planning and review of stormwater designs, water conservation, retaining natural vegetation, and environmentally sensitive site design. The 1995 Comprehensive Plan SEIS also includes additional mitigation measures specific to freshwater, marine waters, and groundwater.

d. Plants and Animals

The area surrounding the existing mining area includes plant communities such as intertidal mudflats, salt and freshwater marshes, grasslands, wetlands, and forests. The vegetation on site is dominated by Douglas fir and western hemlock, which is primarily due to the gravely, well­drained soils of the area. An oak savannah community and a grassland prairie are other types of

15

EXHIBIT 5

Mineral Resource Lands E/S Addendum

dominant vegetation found on the site. Rare plant species and communities in the area include the white-top aster, Pacific yew, and Oregon white oak/grassland community.

The diverse plant communities in the area support a diverse array of animal species. One year­long study of the area identified 159 bird species, 2 I mammal species, and 6 reptile and amphibian species in the Delta. The area supports a major non-coastal nesting and feeding area for migrating waterfowl and shorebirds during migration between the Skagit Flats and the Columbia River. The importance of this habitat was recognized in the creation of the Nisqually National Wildlife Area, located southwest of DuPont. The diversity of mammal species is also quite high in the area, supported by the extensive oak savannah community, conifer forests, and mudflat habitat. Mammals identified in the area include such species as whales, harbor seals, beaver, river otter, blacktail deer, muskrat, porcupine, snowshoe hair, and coyote. Rare animals found in or around the area include brown pelicans, Aleutian Canada geese, peregrine falcons, and finback, humpback, and gray whales.

No new significant impacts to plants and animals, other than those identified in existing environmental documents would be associated with proposed designation of Mineral Resource Lands. Impacts to plants and animals would result from any future mining operation. Potential impacts to plants and animals from site clearing would include habitat loss or alteration, direct and indirect impacts to rare or threatened plant and animal species, noise-related impacts to wildlife, species displacement and/or extirpation, and diverse impacts to wetland areas and marine communities. Mining operatious could also potentiaIly impact wildlife patterns and behavior through lighting, increased access/disturbance, and potential contaminant spills. Depending on hydrogeology, impacts associated with mining into the groundwater could include a lowering of water levels in wetlands on and off-site. This could result in changes in vegetation, habitat, and associated species.

Depending on the future design of mining proposals at ti,e site, ti,e construction of a new channel to convey groundwater to Sequalitchew Creek could impact the brackish marsh located near the mouth of the creek. Specific impacts to this area would be dependent on factors such the sediment load ofthe creek, deposition rates of ti,e marsh, and the salinity of the surface and groundwater in the marsh. Depending on these factors, impacts could include physical and biological changes in ilie marsh due to sediment deposition (such as channel migration and the distribution of marsh plant species) and changes in the salinity of ilie marsh, which would in turn impact plant and animal species that are not tolerant of changes to the concentration of salt in ilie water.

Any additional flow into Sequalitchew Creek could also have a positive impact ilie type and availability offish habitat currently found in the creek. HistoricaIly, Sequalitchew Creek supported natural spawning and rearing of coho and chum salmon and cutthroat trout populations. As a result of modifications to ilie watershed (primarily water diversion), the flows in the creek have been greatly reduced. Currently, in low flow periods, flows in ilie creek dry up, leaving inadequate habitat for fish and ilie invertebrate prey that support them. Increasing base flow rates to the creek would improve spawning, rearing, and fish passage conditions by raising required spawning depths and enhancing year-round rearing habitat by increasing the overaIl wetted channel width of the creek. Additional flows would also allow additional fish access throughout lower sections of the creek (depending on the specific increase in flow), increasing opportunities for upstream passage of adult fish species.

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EXHIBIT 5

Mineral Resource Lands EIS Addendum

Potential mitigation measures for plants and animals include reclamation of the mining area consistent with DNR requirements, use of natural buffers around mining facilities, vegetation placement to reduce light and noise, minimizing forest clearing, a monitoring plan to evaluate wetland and coastal marsh habitat impacts, and development and implementation of an Emergency Spill Response Plan. Additional mitigation measures identified in City policies and regulations include achieving no net loss in fragile and unique ecosystems, mitigation of the City's Sensitive Area Ordinance, increasing habitat c01ll1ectivity, and use of special studies to evaluate potential impacts, mitigation measnres, and monitoring programs.

2. Human Environment

a. Land & Shoreline Use

Land Use Patterns

The areas proposed for designation as mineral resources are cUITently nndeveloped and contiguous to an existing sand and gravel mining operation. SUITounding land uses include Puget Sound to the west; Puget Sound and Fort Lewis sewage treatment plant to the north; Fort Lewis to the northeast; developed industrial land uses to the east; and Sequalitchew Creek to the south. The area south of the creek (consent decree area) is also vacant and is undergoing cleanup of contaminated soils. See Fignre I for a general location of the land uses discussed in this section.

Based on current Comprehensive Plan designations, planned (underlying) land uses for the area are primarily Manufacturing, Research Park and Industry, and an area designated as Residential Reserve, located in the northeastern portion of the area. The northern portion ofthe current mining site is designated as Sequalitchew Village, which is envisioned to develop into a mix of residential and manufacturing/research and technology uses. According to the Plan, residential development is not planned for more than 10 years. As a result of the CUITent mining operations, much of Sequalitchew Village will be at a lower elevation than its present height. To make the transition between the original grades and the new lower elevation, an embankment will be created along the eastern boundary of Sequalitchew Creek Canyon and the Pnget Sound bluff. According to the Plan, this area is designated as open space. Additional pla1ll1ed land uses include an area designated as a community park, located along the Puget Sound bluff, north of Sequalitchew Creek. This park would provide direct access to Puget Sound. Plmmed access to the area includes public trails, which will connect the village to other neighborhoods, and access to Sequalitchew Creek Canyon, following the remediation of the Consent Decree area.

The area located to the east of the proposed mineral resonrce overlay areas includes two primary land use designations -- ManufacturinglResearch Park and Industry. The ManufacturinglResearch Park designation is intended to establish smaller-scale industrial uses, while the Industry designation is devoted to larger scale, more intense industrial uses (located north and east of the area). This general area also includes Edmond and Bell Marshes, which provide a passive recreation opportunity for community members and surrounding business users. Current businesses in the area include Intel Corporation, located in the MmlUfacturing/Research area, and Westblock Pacific and Glacier Northwest, located in the Industrial Area. Several large distribution facilities are currently proposed east of the proposed mineral resonrce area. FOli

17

EXHIBIT 5

Mineral Resource Lands EIS Addendum

Lewis is located in the northwest comer, and inclndes an old landfill that is being phased ont for conversion to open space.

The Old Fort Lake Bnsiness and Technology Park is located to the south/southwest of the proposed new Mineral Resource overlay area. This area is intended to develop with a mix of high-technology research and development businesses, integrated with historic features, natural areas, open space, and a planned golf course. The planned golf course encompasses approximately one-third of the area, which will include access trails to Old Fort Lake, Yehle Park Village, and the trail system along Sequalitchew Creek. The area also includes a cultural site nominated for listing in the National Register of Historic Places (currently being considered for eligibility by the National Park Service), encompassing approximately 360 acres over seven sites.

The area directly south ofthe overlay expansion area, across Sequalitchew Creek, includes the Civic Center area. The area was originally planned for use as a civic center, potentially including the City Hall, police and fire depatiments, community center, library, and a museum. This civic center is now planned for the area directly southeast of the expansion area on the north side of Sequalitchew Creek, currently zoned as Residential 12. Some additional higher-density residential areas are designated adjacent to Center Drive, including areas on south side of Sequalitchew Creek.

Future mining could impact the adjacent land uses described above or could conflict to some degree with platmed uses. Potential impacts could include noise, particulate matter, effects on surrounding views or recreational activities, vibration, truck traffic. These impacts would be temporary in nature. To a degree, some impacts (e.g., noise) are inherent in mining and are unavoidable. Potential conflicts would be more significant for any nearby residential uses than for activities of an industrial character.

The Comprehensive Plan contains a long-tenn vision for the land use of this portion of the City, including redevelopment of designated Mineral Resource Lands. In general, the area characterized by mineral resources is planned to develop incrementally consistent with the underlying land use (primarily Manufacturing and Research, and Residential). Platmed land uses are not expected to change as a result of designating Mineral Resource Lands or future mining of resources. Mining can be considered as a transitional use, and would be extracting resources on lands not currently in demand for urban uses. Depending on future economic and market conditions, however, there could be some hypothetical incongruities in the timing of mining relative to demand for an underlying use (e.g., demand for residential uses adjacent to an area currently being mined). Mined lands would be progressively reclaimed and redeveloped consistent with land uses designated in the Comprehensive Plan. Any mining pennit authorized by the City would also ensure that lands are reclaimed consistent with platmed uses (in accordance with LU-40 through 43).

Mitigation measures would include retention and/or reestablishment of vegetated buffers, incremental mining and progressive reclamation. In general, future mining adjacent to undeveloped areas would likely be platmed to occur so reclamation is completed before planned adjacent uses develop.

18

EXHIBIT 5

Mineral Resource Lands EIS Addendum

Comprehensive Plan Policies & Land Use Map

The proposed changes to the Comprehensive Plan Land Use Map, shown on Figure I, include the designation of an additional approximately 401 acres of Mineral Resource Lands. The City's action would be consistent with the two-step process identified in LU-39. It has identified mineral resource lands thongh planning and evaluation and proposes to designate them on the Comprehensive Plan Land Use Map.

b. Population, Housing, and Employment

As of 200 I, the popnlation of DuPont was estimated at 2,900 individnals, representing approximately 26 percent of the buildout capacity reflected in the Comprehensive Plan. At the time, there were approximately 1,086 dwelling units (678 single family and 408 multi-family), representing about 24 percent ofthe planned housing capacity for the City. At buildout, estimated at 2012, the City would provide capacity for 4,170 residential units and a total population capacity of 12,100. In 200 I, employment in the City was estimated at 2,890, with the majority of these individuals being employed by Intel and State Farm Insurance, the two largest employers in the immediate area.

Proposed designation of Mineral Resource Lands would not directly impact population, housing, or employment in or around DuPont. Nor would it affect the City's ability to accommodate urban growth in ti,e future. Similarly, future mining would not cause significant impacts to population, housing or employment. Employment for the existing mine is approximately 85, which is within the range originally estimated for the Pioneer Aggregates proposal (73-95 employees). Although the scale of future mining activity on designated mineral lands is not known, it would likely result in a small increase in mining-related employment. This small increase would fall within the projections contained in the Comprehensive Plan and evaluated in existing environmental documents.

No mitigation measures would be required.

c. Historic and Cultural Resources

The area in and around the City of Dupont is characterized by sites that are of historic and cultural significance. Most notably, an area iliat lies within the proposed Business and Teclmology Park and Sequalitchew Village designations has been nominated by ilie Washington State Office of Archaeology and Historic Preservation (OAHP) for listing on the National Register of Historic Places and is being considered for eligibility by the National Park Service. The proposed district represents a range of historic and cultural resources that are symbolic of the Pacific Northwest. The district encompasses approximately 360 acres, the boundary of which starts at the 1843 Fort Nisqually site and runs west to ilie site of a sawmill on the north side of the moutll of Sequalitchew Creek, tllen south along Puget Sound to include Sequalitchew Archaeological sites and the Ox Road, ilien east to include ilie 1833 Fort Nisqually site, DuPont Company site, and Hudson's Bay Company Cemetery, then north back to the 1843 Fort Nisqually site. A notable site within this district is ilie Methodist Episcopal Mission Monument, located within the proposed mineral resource overlay area (Figure 2), directly east of the Burning ground dump site. The site is listed as a designated cultural resource site in the City's Land Use Code (25.80.020). Currently, there are not other cultural resources sites designated by the City that

19

EXHIBIT 5

Mineral Resource Lands EIS Addendum

are located within the proposed mineral resonrce overlay boundaries. The Methodist Episcopal Mission Monument site is located outside of Glacier Northwest's lease line.

The area surrounding the sites of the proposed action is part of the traditional territory of the Nisqually Indians and has been utilized by a number of other groups throughout history. In addition to Native Americans, individuals from the Hudson's Bay Company and the E.E. DuPont de Nemours and Company used the area for various activities including agriculture, famling, grazing, lumber production, and munitions and explosives manufacturing. Historical and archaeological assessments have identified two homesteads on the site, both of which have been extensively used in the past by Fort Lewis for military training activities, and as a result were significantly disturbed. The Pioneer Aggregate FEIS indicated that these homesteads could be further impacted by mining activity, but that both sites have been largely destroyed by past mi1itaJyactivities.

No significant impacts to historic and cultural resources would be associated with designation of Mineral Resource Lands beyond those identified in existing environmental documents. Future mining, however, has the ability to impact unknown (and to a lesser extent, known) historic and cultural resources if they are present. The presence of historic Indian tribal sites is of special concern.

Mitigation measures could include establishing monitoring and categorization of known archeological and cultural sites, ceasing construction or mining operations if resources are located, and developing or implementing agreements Witll applicable IndiaJl tribes. Any potential construction activities in the area of cultural resource sites would conform to tile City's Land Use Code 25.80.030, which prohibits structures, roads, or utilities within 50 feet ofthe maJ·kers identifYing cultural resource sites listed under Section 25.80.020.

d. Aesthetics, Light, and Glare

Designation of Mineral Resource laJlds would not directly cause significant impacts to aesthetics, light, aJld glare beyond those identified in existing environmental documents. Because of their nature, mining activities require clearing and grading and can disturb the visual character of an area. Construction activities and mining can alter existing site characteristics including vegetation, topography, and other attributes. Potential visual impacts include light and glare, stockpiles, and changes to the appearance of the mining site itself.

Potential mitigation measures include sequential mining, re-vegetation and implementation of reclamation plans, retention of natural buffers, and use of directional lighting. Mining would occur in phases in sequence with reclamation; each mining area would be limited in size and would be reclaimed concurrently with the clearing and mining of adjacent areas. This approach would limit the area disturbed at any given time. AltllOugh at this time no further construction of mining facilities is planned, any future construction could be designed to limit visual impacts to the surrounding areas. Additional mitigation measures (identified in the Comprehensive Plan SEIS) include the adoption of design policies and standards, preservation of significant visual features, vegetation and topography, and implementation of existing lighting and landscaping standards.

20

EXHIBIT 5

Mineral Resource Lands EIS Addendum

e. Transportation

Regional access to the mining area is provided by the Interstate 5 (1-5) Dupont Interchange at Barksdale Avenue, which includes a full diamond configuration and signal controls or all-way stop-controls for all ramps. Primary access to the site is from the DuPont-Steilacoom Highway, a two-lane roadway running between DuPont and Steilacoom, connected to the site by Solo Point Road. Existing travel volumes identified in the Comprehensive Plan EIS Addendum were found to be operating at a Level-of-Service (LOS) B for the 1-5 southbound ramp and a range of LOS C to LOS D (representing AM and PM peaks, respectively) for the intersection of Barksdale Avenue and the DuPont-Steilacoom Highway.

Transportation of mined materials from the site was analyzed in the Pioneer Aggregates FEIS, including a range of alternative transportation methods (rail, road, and barge). Currently, mined materials are transported approximately 80 percent by barge and 20 percent by truck. Barge activity peaks during summer months (May through August) and is lowest during winter months (November through December). Daily barge trips average approximately five to nine trips per 24-hour operating period. Under the proposed action in the FEIS, the total daily estimate for trucks operating on the DuPont-Steilacoom Highway was 592 trips. As the total daily volume at the time of the study for the DuPont-Steilacoom Highway was over 12,000 trips, the increase of additional truck traffic as a result of the mine represented only five percent of the total daily volume. Estimated truck volumes on this highway would be supplemented by additional transportation analysis for any future mining activity on those areas proposed for mineral resource designation.

Designation of Mineral Resource Lands would not cause significant direct impacts to transportation. Any future mining activity could potentially impact the local and regional transportation system; impacts would depend on transportation mode, operating hours, number of employees, and similar factors. In general, impacts to traffic could include increased traffic volumes and accidents, increased truck volumes transporting mining materials, decreased levels of service on roadways and at intersections, and increased need for street improvements. Transport by barge could impact existing commercial and recreational vessel traffic, depending on the number and timing of barge trips. Impacts from mining activity on the traffic volume in and around the area would be identified as part of any future project-level analysis.

It is likely that future mining would continue to transport the majority of aggregate by barge (currently approximately 80 percent/3.2 million tons per year). Potential impacts to the shoreline and marine environment from barge transportation were mitigated pursuant to a settlement agreement in 1994, amendment of the City's Shoreline Master Program, and construction of a new dock at Tatsolo Point. Impacts and mitigation measures are addressed in the Pioneer Aggregates Barge Loading Facility and Dupont Shoreline Master Program Amendment SEIS (1995).

Potential mitigation measures for vehicular transportation would depend on the characteristics of future mining operations, but conld include signalization of intersections, turning lanes, modification of interchange ramps, and fair-share mitigation payment for traffic improvements. Mitigation measures specific to barge transport would be similar to those identified in previous SEP A documents being adopted for this addendum. These may include the use of measures to decrease impacts to tribal and commercial fishing operations in the vicinity; tl,e use of lighted

21

EXHIBIT 5

Mineral Resource Lands EIS Addendum

signs to notifY boaters when net fishing is in progress; establishing procedures to avoid and report gear conflicts; and scheduling transport operations during daylight hours during the gill net fishing season.

f. Environmental Health

Past activities adjacent to the area proposed for designation -- primarily the fonner DuPont Works and Fort Lewis Landfill No.5 Superfund Site -- caused soil and groundwater contamination. In 1995, remediation of Landfill No.5 was completed and the site was removed from the National Priorities List. According to the Fort Lewis Landfill No.5 Record of Decision (July 24, 1992), the Risk Assessment results indicate that exposure to chemicals of concern in groundwater and air near the landfill is not likely to result in a public health hazard.

Existing noise sources in the area primarily include construction activity, mining, passing airplanes, marine traffic, traffic, and military activities such as artillery, small anns fire, and helicopters. Past studies have indicated that the primary source of noise in the immediate vicinity is from 1-5.

Designation would not cause significant impacts to environmental health other than those identified in existing environmental documents. Future mining could potentially impact environmental health, including contamination of surface water or groundwater, through spills associated with operations or equipment, including potential fuel or oil spills from surface or marine transportation. Noise impacts related to mining are caused by excavation activities, transportation of mining materials (both marine and road), and noise from mining facilities such as conveyer systems. In general, the magnitude of noise impacts from mining would be related to the type of equipment in operation and the time it is in use. Currently, barge loading operates 24 hours a day, mining, processing and trucking operate from 6 a.m. to Midnight, and the processing plant operates up to 24 hours a day, seven days a week. However, the specific operating hours of any future mining activities would be addressed in a project-level analysis, and would be dependant on market conditions.

Mitigation measures to decrease potential impacts to enviromnental health include developing an emergency spill response plan, use of appropriate containment and monitoring equipment, use of aprons under loading areas, and use of catch basins under fuel and fuel handling stations. Noise impacts during mining operations could be mitigated by the use of rubber screens and resilient pads at transfer points, paving access roads, avoiding high-noise operations during nighttime, and by properly maintaining mining equipment including transportation vehicles. A noise monitoring program, similar to that currently in effect, could also be implemented.

g. Public Services and Utilities

Public services in the area -- including police, fire, and emergency medical services (EMS) -- are provided by the City of Dupont. Backup services for City's police and fire departments are provided primarily by the Steilacoom Police Department, Pierce County Sheriff s Department, Fort Lewis Fire Department, and the Lakewood Fire District. Fort Lewis Military Reservation, located east of the mining area, is patrolled by military police. The City's Comprehensive Plan establishes levels of service for public services.

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EXHIBIT 5

Mineral Resource Lands EIS Addendum

The existing mining facility includes a hookup to the public sewer system, which transports waste to the Chambers Creek Waste Water Treatment Plant. Water service is provided from a 600 gallon per minute (gpm) well, owned by Glacier NW, and supplemented by the purchase of 25 gpm from the City's water service for domestic needs at the site. Approximately 85 percent of the water used for mining operations is recycled through a clarifYing process on-site.

Designation of mineral resource lands would not cause any direct impacts to public services. Impacts from future mining would likely be similar to those identified in the Pioneer Aggregates FEIS. Mining operations conld result in additional calls to police services related to truck traffic, noise and loose gravel. The number of calls would be low, however, and would not cause significant impacts. Future mining operations also create the potential for additional calls fire and EMS services in connection with the operation of heavy machinery, increased truck traffic, and the presence of explosives and fuel storage tanks. The number of calls is expected to be low and would not require additional services.

Processing of mining materials can require a substantial amount of water for washing sand and gravels. Water is also typically used for truck washing, dust control, irrigation, and domestic use. Solid waste is also produced as a result of sedimentation from water used in processing. In many cases, this waste is stored on site, typically in a concrete slab and may either be re-used on-site or may be sold as a product if markets are available. Specific water and sewer needs of any mining operations in the area designated as Mineral Resource Lands would not be expected to differ extensively from those occurring under existing operations, but would be fully assessed during a project-level analysis in order to determine any potential impacts.

Mitigation measures that could be implemented to enhance security include the use of fencing, increased lighting, and construction of a security gate. Appropriate signage at intersections could decrease the likelihood of collisions with mining-related traffic. Monitoring of any potential increase in the level of calls from mining facilities would also enable the City to review and adjust existing staffing levels as necessary. Constructing on-site fire suppression systems, providing emergency access to isolated areas, and complying with monitoring provisions and safety plans would assist in decreasing potential impacts to fire and EMS services. As noted previously (see the Environmental Health section), an emergency spill prevention and response plan would need to be developed for any future mining operations.

23

EXHIBIT 5

REPLY TO ATTENTION OF

Public Works

City of DuPont Mr. John Darling

DEPARTMENT OF THE ARMY INSTALLATION MANAGEMENT AGENCY

HEADQUARTERS, UNITED STATES ARMY GARRISON, FORT LEWIS BOX 339500, MAIL STOP 17

FORT LEWIS WASHINGTON 98433·9500

August 3,2005

Director of Community Development 303 Barksdale Avenue DuPont, WA 98327

Dear Mr. Darling:

Reference the Amendment to the Mineral Resource Overlay Boundary, DuPont Comprehensive Plan.

Glacier Northwest submitted a Type V application to amend the DuPont Comprehensive Plan Land Use Map to apply the Mineral Resource Area Overlay designation to two areas totaling 400 acres. Fort Lewis is concerned that the depth and extent of the proposed mining operations as well as the proposed Sequalitchew Creek modification could alter the surface water and groundwater hydrology within the Sequalitchew Lake watershed. If surface water levels and drainage patterns were significantly altered, then it is possible that Sequalitchew Spring (which is Fort Lewis's primary drinking water source) could be adversely impacted.

Fort Lewis recommends that the City of DuPont require Glacier to complete a hydrologic survey to determine the potential impacts to the Fort Lewis drinking water and storm/ surface drainage systems including the potential effect to our federally reserved water rights for waters of Sequalitchew Creek. We also would like to be placed on the mailing list for the Environmental Impact Statement that will be prepared for this proposal.

For more information regarding storm/ surface water issues, please contact Frank Crown, Storm water Program Manager at 253 967 -2326. For drinking water issues, contact Phil Crawford, Environmental Compliance Branch Chief at 253 966-1766. All other questions can be directed to Bill Van Hoesen, NEPA and Noise Program Manager at 253966-1780.

&~7 Steven T. Perrenot, P.E. Director of Public Works

Printed on ® Recycled Paper

EXHIBIT 6

City of DuPont Notice to Adopt EIS Addendum

The City of DuPont hereby adopts the June 2005 Mineral Resource Lands Environmental Impact Statement (EIS) Addendum prepared by HuckelllWeinman Associates of Kirkland, WA for the City of DuPont. The addendum is part of an amendment to the DuPont Comprehensive Plan submitted by Glacier NW of Seattle, WA. The addendum considers revision of the DuPont Comprehensive Plan Land Use Map to identify and designate mineral resource lands of long-term commercial significance, The amendment will apply a Mineral Resource Overlay designation to two areas located north of Sequalitchew Creek, Both areas are adjacent to the site currently approved for mining: (1) approximately 200 acres of land owned by Weyerhaeuser Company located south and east of the existing mining area; (2) approximately 201 acres of land owned by Glacier NW, located north of the currently approved mining area and west of the Fort Lewis boundary, The underlying land use and zoning designations of the areas proposed for the Mineral Resource Overlay, and ultimate planned uses following mining and reclamation, will remain as primarily Manufacturing and Research Park and residential.

Existing environmental documents have considered the effects of mining mineral resources in the City north of Sequalitchew Creek, These include: an EIS for the City of DuPont Comprehensive Plan (1994); an EIS Addendum for the Comprehensive Plan Amendment (2001); an EIS for the Pioneer Aggregates Mining Project (1993); and a Supplemental EIS for the Dock/Barge Loading Facility and Shoreline Master Program Amendment (1995),

The City of DuPont identified and adopts this addendum as being appropriate for the related Comprehensive Plan amendment after independent review, The addendum meets the City's environmental review need for the related Comprehensive Plan amendment and will accompany the amendment to the DuPont City Council. There is no comment or appeal period for this decision,

This notice is prepared pursuant to WAC 197-11-630, A copy of the June Mineral Resource Lands EIS Addendum is available at the requestor's cost at DuPont City Hall, 303 Barksdale Avenue, DuPont WA, 98327, Contact John Darling, Director of Community Development, 253-912-3300, or 253-964-1455, fax, or 303 Barksdale Avenue, DuPont, 98327, for additional information,

John Darling City of DuPont SEPA Responsible Official Director of Community Development

October 11 , 2005 (Date)

EXHIBIT 7

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FORT LAKE BUSINESS AND TECHNOLOGY PARK EXHIBIT 3

1. The Quadrant Corporation (Quadrant) filed an application April 29, 2005 to amend the DuPont Comprehensive Plan and Map, City File No. COMP 05-05, to:

a. Broaden the range of allowed uses in the Business and Technology Park­designated planning area;

b. Eliminate a specific location for the Business and Technology Park Loop Road in the Old Fort Lake Business and Technology Park as currently shown on the Comprehensive Plan Map to indicate the general location of the roadway instead of a specific alignment.

2. Quadrant also submitted a matching legislative amendment to the DuPont Municipal Code (DMC) Section DMC 25.40, Fort Lake Business and Technology Park zone, to allow a broader range of uses within the zone, City File No. TEXT 05-01.

3. Quadrant also submitted a related quasi-judicial land use application to rezone a 13.6 acre area in the northwest comer of the Business and Technology Park from Mixed-Use to Business and Technology Park, City File No. REZ 03-01. The applicant requested the City hold the rezone in abeyance until the final decision on the Comprehensive Plan amendment and zoning text amendment had been issued and all appeals exhausted.

4. The Growth Management Act, RCW Chapter 36.70A, authorizes amendments or revisions of the Comprehensive Plan to be made annually.

5. An environmental review of the proposed amendment has been conducted in accordance with the requirements of the State Environmental Policy Act ("SEP A"), and a SEP A threshold determination of non-significance was issued February 14, 2005, City File No. SEPA 05-08.

6. Quadrant submitted proposed revisions and supplemental information in a letter dated April 10, 2006 and submitted a second set of proposed revisions in a letter dated June 6, 2006.

7. 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 applications pursuant to Chapter 25.170 of the DuPont Municipal Code, (2) the City held a community workshop June 16, 2005 to discuss the amendment, (3) the Planning Agency held a special meeting August 15, 2005 to tour the Fort Lake Business and Technology Park site, (4) the Planning Agency held a special meeting September 24, 2005 to tour the Bothell Business Park site, (5) the Planning Agency held a public hearing March 27, 2006, which was continued to April 10, 2006 and April 24, 2006.

8. At the conclusion of the above referenced public processes the Planning Agency, after deliberation at its meeting on April 24, 2006, made a recommendation to the City Council regarding the amendments.

- 1 -

F:\Council\Councli Packet 2006\07-25-06 Work Sesslon\Comp Plan Ord and Amend\ 13a-3 OLD FORT LAKE BTP Amendment Master Exhvlt.doc

9. The City Council held a work session on the proposed plan amendments on June 6, 2006.

10. 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.

II. The Amended Staff Report dated June 19, 2006, attached hereto shall serve as the City Council's findings of fact.

-2-

F:\Council\Councll Pad<et 2006\07-2S-Q6 Work Sesslon\Comp Plan 000 and Amend\ 13a-3 OLD FORT LAKE BTP Amendment Master EXhibit.doc

Business and Technology Park DuPont Comprehensive Plan and Map Amendment, City File No. COMP 05-01 and DuPont Municipal Code Text Amendment City File No. TEXT 05-01 Amended Staff Report June 19, 2006

I. FINDINGS 1. The applicant, Quadrant Corporation, submitted a legislative amendment to the

DuPont Comprehensive Plan and Map to:

a. Broaden the range of allowed uses in the Business and Technology Park­designated planning area (Exhibit 1);

b. Eliminate a specific location for the Business and Technology Park Loop Road in the Old Fort Lake Business and Technology Park as currently shown on the Comprehensive Plan Map to indicate the general location of the roadway instead of a specific alignment.

2. The applicant also submitted a matching legislative amendment to the DuPont Municipal Code (DMC) Section DMC 25.40, Fort Lake Business and Technology Park zone, to allow a broader range of uses within the zone (Exhibit 2).

3. The applicant also submitted a quasi-judicial land use application to rezone a 13.6 acre area in the northwest corner of the Business and Technology Park from Mixed-Use to Business and Technology Park. The applicant requested the City hold the rezone in abeyance until the final decision on the Comprehensive Plan amendment and zoning text amendment had been issued and all appeals exhausted.

4. The 650 acre Fort Lake Business and Technology Park (BTP) zone is located near the western City limits and is bounded by Sequalitchew Creek on the north, Puget Sound on the west, the plat of Hoffman Hill on the south, the Civic Center and Center Drive on the east.

5. The applicant indicated only 299 acres of the BTP zone is developable. This is consistent with Page 47 of the DuPont Comprehensive Plan (Plan). The Plan states the BTP zone includes 299 acres of developable land, 184 acres for the golf course, 101 acres of sensitive areas and buffers, 35 acres of open space, 3 acres of public park, 2 acres of cultural resources, and 26 acres for major road, for a total of 650 acres.

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6. The applicant submitted proposed revisions and supplemental information in a letter dated April 10, 2006 and submitted a second set of proposed revisions in a letter dated June 6, 2006.

7. 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. DuPont issued a Notice of Proposal May 20, 2005. The comment period

closed June 3, 2005. No comments were submitted. b. DuPont held a community workshop June 16, 2005. Seven people

attended (Exhibit 3). c. DuPont issued an environmental decision without conditions for the

amendment February 14, 2006 (Exhibit 4). The comment period closed February 28, 2006. No comments were received. The appeal period closed March 15, 2006. No appeals were filed.

d. The Planning Agency public hearing notice was issued Mach 16, 2006, posted on the City's website, posted on the City's two official notice boards and published in the Tacoma New Tribune Newspaper consistent with DMC 25.170.030(4)(b) for the comprehensive plan amendment and consistent with DMC 25.175.030(2)(b)(iii) for the text amendment. Additionally, the hearing was included in the March - April 2006 edition of DuPont's News from City Hall newsletter.

e. The Planning Agency will hold a public hearing to take testimony on the amendments March 27, 2006.

8 Planning Agency Comprehensive Plan Amendment Decisional Criteria DMC 25.170.090 contains decisional criteria for comprehensive plan amendments. In consideration that the DuPont 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:

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.

Staff: The amendment to broaden the allowed used in the BTP zone is consistent with Page 46 of the DuPont Comprehensive Plan (Plan), which states, "The Old Fort Lake Business and Technology Park will have a mix of administrative and

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research activities developed within large areas of green space. This area provides for business and emerging technology activities within a campus like setting of natural and man made landscapes. High technology, research and development and businesses would be located within a natural landscape setting in this area." The amendment will provide a broader range of uses to develop with a campus like setting of natural and man made landscapes.

Page 5 of the Plan states the City proposes a mix of industrial/technology land uses having different space and site requirements. The City's long-term goal for the area is to have an industrial/technology base of businesses that are 'clean' in their operations. Policy LU-33, Discussion, states these businesses will emit very little noise or pollution .. Policy LU-33, Discussion, states these businesses will emit very little noise or pollution. Policy LU-36 and LU-37 both speak to environmentally sensitive development and clean industrial uses in the City. The amendment will allow most uses that are permitted in the Office, Commercial, and Manufacturing and Research Park designations to be located in the Fort Lake Business and Technology Park designation.

The amendment to broaden the allowed uses in the BTP zone will not change adopted performance standards for development in the BTP zone. These adopted standards include: lot coverage, building set back, building height, wall modulation, parking and loading areas, landscaping, exterior mechanical equipment, trash enclosures, noise levels, air emissions, outdoor lighting or hazardous substance storage.

The amendment to delete the specific location of the BTP zone Loop Road shown in the Comprehensive Plan and Map and use a general location of the roadway is not consistent with the DuPont Comprehensive Plan, as indicated below.

DuPont Comprehensive Plan Policy T-1 states a road network should be established that serves planned residential, commercial and industrial areas in an efficient manner and that spreads traffic loads over a variety of appropriately developed roadways. The construction of Loop Road in the Fort Lake Business and Technology area is critical to achieving this policy. The plats of Yehle and Hoffman Hill were constructed with three street connections to Loop Road (Hoffman Hill Boulevard, Jensen Avenue, and Wren Road) consistent with Policy T-1. Without the connection, McNeil Street will function at Level of Service D or lower and require mitigation. The City's traffic plan and routing of traffic volumes is based, in part, on a loop road around the Fort Lake Business and Technology Park.

The amendment to delete the specific location of Loop Road will affect transportation planning. Loop Road, as shown on the DuPont Comprehensive Plan, is intentionally located to avoid conflicts with the golf course. The south portion of the golf course is approximately 60 feet from the north line of Yehle

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Village, therefore reducing location options for Loop Road. The present location of Loop Road provides connections to three separate streets in Hoffman and Yehle Villages, connection with significant cultural artifacts (1833 Fort Site), avoids an unnamed significant cultural artifact, abuts Puget Sound and connects to the future Wilkes Observatory public park and Civic Center.

The location of Loop Road should remain in its present location abutting Puget Sound. This location will serve residential, commercial and industrial areas in an efficient manner and spread traffic over a variety of appropriately developed streets consistent with DuPont Comprehensive Policy T-1. This location will act as a defining element of the area consistent with DuPont Comprehensive Plan Policy T-3 and preserve public view access opportunities to Puget Sound consistent with Plan Policy T -12. The abutting Puget Sound Bluff and Sequalitchew Creek are classified as steep slope sensitive areas by DMC 25.105. Loop Road should be located along the edges of the steep slope to provide views for motorists consistent with DuPont Comprehensive Plan Policy T-12. Loop Road should provide public access and establish viewpoints along Puget Sound and connect to the 3-acre public park at the Wilkes Observatory consistent with DuPont Comprehensive Plan Policy PR-9, and connect to the Civic Center.

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.

Staff: The amendment to broaden allowed uses in the BTP zone will not affect community facilities, utilities, transportation, parks, or schools concurrent with development. All development within the Plan designation shall comply with all applicable standards and regulations regarding construction of utilities and transportation.

The amendment to delete the specific location of Loop Road will affect community facilities, i.e., transportation. The loop road shown in the DuPont Comprehensive Plan and Map extending around the Fort Lake Business and Technology Park area is intentionally located to avoid the golf course layout, to provide connections to four separate streets in Hoffman and Yehle Villages, to connect with a significant cultural artifact (1833 Fort Site), to avoid an unnamed significant cultural artifact, to abut Puget Sound and Sequalitchew Creek consistent with the DuPont Comprehensive Plan, and connect to the Wilkes Observatory park and the Civic Center.

Although the amendment is to eliminate a specific location for the interior Business and Technology Park Loop Road, it is essential that this future road result in a complete loop through the Business and Technology Park. The location of Loop Road should remain in its location abutting Puget Sound. This

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location will act as a defining element of the area consistent with DuPont Comprehensive Plan Policy T-3 and preserve public view access opportunities to Puget Sound and Sequalitchew Creek consistent with Plan Policy T-12. The abutting Puget Sound Bluff and Sequalitchew Creek are classified as a steep slope sensitive area by DMC 25.105. Loop Road should be located along the edge of the steep slopes to provide views for motorists consistent with DuPont Comprehensive Plan Policy T-12. Loop Road should provide public access and establish viewpoints along Puget Sound and connect to the 3-acre public park at the Wilkes Observatory consistent with DuPont Comprehensive Plan Policy PR-9, and connect to the Civic Center.

Preliminary storm drainage calculations will be submitted and examined during review of all preliminary plat applications to demonstrate compliance with adopted impervious surface and storm drainage requirements.

Residential units are not allowed in the BTP zone. Therefore, residential impacts to community parks or schools are not anticipated.

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.

Staff: Criteria c does not apply to this legislative application. The submitted quasi­judicial rezone application will be processed separately as indicated in this report.

9. Planning Agency Text Amendment Decisional Criteria DMC 25.165.030(2) contains decisional criteria for text amendments. The City may approve a text amendment based on the following decisional criteria:

Criteria a. The amendment is in accord with the comprehensive plan.

Staff: The text amendment to broaden allowed uses in the BTP zone is consistent with the DuPont Comprehensive Plan as indicated in this report.

The comprehensive plan amendment to delete the specific location of the Loop Road is not a text amendment and is not discussed here.

Criteria b. The amendment bears substantial relation to the public health, safety and welfare.

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Staff: Adverse environmental impacts were not identified during the environmental review of the amendment. The overall number of trips generated by uses on the site would not exceed the number allocated to the BTP in the Transportation Appendix to the Comprehensive Land Use Plan. With future development of the site, trips generated by uses on the site would be required to comply with the City's roadway and intersection level of service (LOS) standards (LOS D), as well as restrictions related to vehicle types on certain roadways.

Future development of employment and commercial uses on the site would provide parking capacity according to the City of DuPont Land Use Code. The amendment does not pose adverse impacts to the public health, safety and welfare.

The 2001 DuPont Comprehensive Land Use Plan EIS Amendment estimates overall future City police and fire personnel needs in the years 2012 and 2020, required to serve the estimated population of the City. The 2004 DuPont Capital Facilities Plan also estimates the need for services based on population. There would be no capacity for residential uses or associated population on the site under the proposed amendments. Further, uses on the site would be similar to uses allowed in other areas of the City, and would not likely require any specialized fire or emergency equipment that would not be necessary to serve other areas of the City.

Consistent with the Comprehensive Land Use Plan, National Register of Historic Places (NRHP) listed and NRHP-eligible archaeological and historical sites within the Old Fort Lake Business and Technology Park will be preserved as open space tracts or conveyed to a conservancy agency; certain other resources are located in the area of the golf course development and will be preserved as part of the golf course. These resources would not be affected by the proposed amendments. Additionally, all work done within the Consent Decree Area, which includes the site, would be in accordance with the 1988 cultural resources agreement signed by the City of DuPont, OAHP, and the Weyerhaeuser Company. Further, an established agreement with the Nisqually Tribe protects cultural resources, sites and human remains, if any are discovered, in association with the remediation project at the former DuPont works site.

Criteria c. The amendment is not contrary to the best interest of the citizens and property owners of the City of DuPont.

Staff: The applicant stated forecasted market demand is not strong enough to develop the entire 299 acres in the BTP zone with the allowed uses listed in DMC 25.40. If approved, the amendment to broaden the allowed uses in the BTP zone to include commercial uses may provide DuPont additional opportunities for

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sales tax revenues. Also, developed land has higher property value than vacant land and therefore increases the property tax base.

The comprehensive plan amendment to delete the specific location of the Loop Road is not a text amendment and is not discussed here.

II. Recommendation Staff recommends the City Council, after hearing all relevant public testimony:

a. Find the DuPont Comprehensive Plan amendment, File No. COMP 05-05, as indicated below, is consistent with the decisional criteria of DMC 25.170.090 and find the DuPont Municipal Code Text Amendment, File No. TEXT 05-01, as indicated below, is consistent with the decisional criteria of DMC 25.165.030(2).

1. Amend the DuPont Comprehensive Plan to broaden the range of uses envisioned for the Business and Technology Park- designated portion of the 650-acre Old Fort Lake Business and Technology Park plan area as indicated by Exhibit A;

2. Amend DMC 25.40 to allow a broader range of uses within the Business and Technology Park (BTP) zone as indicated by Exhibit B.

b. Staff recommends the City Council find the DuPont Comprehensive Plan and Map amendment to eliminate the specific location of the Business and Technology Park Loop Road in the Old Fort Lake Business and Technology Park is not consistent with the decisional criteria of DMC 25.170.090 and amend the request to indicate a general location of the roadway as indicated on Exhibit C consistent with the decisional criteria of DMC 25.170.090 for the following reasons:

The original amendment is not consistent with the goals, objectives and policies of the DuPont Comprehensive Plan (Plan). Plan Policy T-1 that states a road network should be established that serves planned residential, commercial and industrial areas in an efficient manner and that spreads traffic loads over a variety of appropriately developed roadways. The construction of Loop Road in the Fort Lake Business and Technology area is critical to achieving this policy. The plats of Yehle and Hoffman Hill Village were constructed with three street connections to the Consent Decree Loop Road (Hoffman Hill Boulevard, Jensen Avenue, and Wren Road) consistent with Plan Policy T-1. Without the connection, McNeil Street will function at Level of Service D or lower and require mitigation. The City's traffic plan and traffic volumes are based, in part, on a loop road around the Fort Lake Business and Technology Park.

Without the proposed revision the original amendment is not consistent with the City's plans, policies and regulations for providing community facilities, including

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but not limited to utilities, transportation, concurrent with development. The original amendment would adversely affect transportation planning. Loop Road shown on the DuPont Comprehensive Plan extending around the Fort Lake Business and Technology Park area is intentionally located to avoid the golf course layout. The south portion of the golf course comes within approximately 60 feet of Yehle Village, reducing location options for the Loop Road. The location of Loop Road provides connections to four separate streets in Hoffman and Yehle Villages, to connect with a significant cultural artifact (1833 Fort Site), to avoid an unnamed significant cultural artifact, to abut Puget Sound and Sequalitchew Creek consistent with the DuPont Comprehensive Plan, and connect to the Wilkes Observatory park and the Civic Center.

The location of Loop Road should remain in a modified general location abutting Puget Sound as shown on Exhibit C. This location will serve residential, commercial and industrial areas in an efficient manner and spread traffic over a variety of appropriately developed streets consistent with DuPont Comprehensive Plan Policy T-1. This location will act as a defining element of the area consistent with DuPont Comprehensive Plan Policy T-3 and preserve public view access opportunities to Puget Sound consistent with DuPont Comprehensive Plan Policy T-12. The abutting Puget Sound Bluff and Sequalitchew Creek are classified as steep slope sensitive areas by DMC 25.105. Loop Road should be located along the edges of the steep slope to provide views for motorists consistent with DuPont Comprehensive Plan Policy T-12. Loop Road should provide public access and establish viewpoints along Puget Sound and connect to the 3-acre public park at the Wilkes Observatory consistent with DuPont Comprehensive Plan Policy PR-9, and connect to the Civic Center.

Exhibit List 1. DuPont Comprehensive Plan amendment 2. DuPont Municipal Code 25.40 amendment 3. Community Workshop Sign-In Sheet dated 6/16/05 4. Environmental Decision dated 2/14/06 A. Old Fort Lake Business & Technology Park Revisions B. Business Tech Park District Revisions C. Old Fort Lake Business & Tech Park Comprehensive Plan Map Amendment

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o 2000

Scale in Feet

' ..... BWMENi '!1CONSULTING ~GROUP,INC

City of DuPont

Wilkes Observatory Site

Existing Mixed Use Designated Area

Fort Lewis

4000

Old Fort Lake Comprehensive Plan

Amendment

1833 Fort Nisqually Site

r-Approximate Boundary of - '{ Consent Decree Area #1

"­,

Fort Lewis

Source: Blumen Consulting Group

Figure 1

Vicinity Map

CITY Of DUPONT COMPREHENSIVE LAND USE PLAN AMENDMENT APPLICATION

SUBMITTAL REQUIREMENTS

1. General and Legal Description of Property

The approximately 650 acre Fort Lake Business and Technology Park is located near the western City limits and is bounded by Sequalitchew Creek on the north, the Puget Sound bluff on the west, the northern boundary of Hoffman Hill and Yehle Park Villages to the south, and the Civic Center and Center Drive to the east (see Figures 1 and 2 of the SEPA Environmental Checklist).

The site is legally described as: that portion of Sections 22, 26 and 27, Township 19 North, Range 1 East, W.M., City of DuPont, Pierce County, Washington, lying southerly of the thread of Sequalitchew Creek AND lying easterly of the Burlington Northern Railroad right-of-way AND lying northerly of an eXisting fence (as referred to in that Warranty Deed recorded under Recording No. 9112090237) running generally east-west from an area adjacent to said Burlington Northern Railroad right-of-way to the westerly extension of the southerly margin of Palisade Boulevard as it runs east-west adjoining the intersection of said Palisade boulevard and Center Drive AND lying northerly of said westerly extension AND lying westerly of Center Drive.

2. Description of Plan Amendment Being Requested

The proposed text amendment to the City of DuPont Comprehensive Land Use Plan entails a broadening of the range of uses envisioned for the Old Fort Lake Business and Technology Park (BTP), which currently envisions a narrow range of uses focusing on research and technology type uses, to include the opportunity for employment associated with certain light manufacturing, office and commercial uses in a business park setting; residential use in this area is not proposed (refer to Appendix A for the proposed amendments to Comprehensive Land Use Plan text). Also concurrent with the amendment to the text of the Comprehensive Land Use Plan, it is proposed that the Comprehensive Land Use Plan map(s) be amended as follows: eliminate the mixed use designation in the northwest corner of the Old Fort Lake BTP and replace with the BTP designation; and, the specific location of the Loop Road in the northern and western portions of the BTP be revised to indicate the "general" location of the roadway instead of a definitive alignment.

Consistent with the proposed amendments to the Comprehensive Land Use Plan, corresponding amendments to the Land Use Code will also be proposed, including: revisions to Chapter 25.40 reflecting the broader range of uses permitted or conditionally permitted in the BTP District, including certain uses currently permitted within the Manufacturing Research Park, Commercial and Office Districts; and, amendments to the

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 1

zoning map to eliminate the Mixed Use zone in the northwest corner of the BTP Park and replace with the BTP zone designation (refer to Appendix B for the proposed amendments to Land Use Code).

The proposed Comprehensive Plan amendments will provide the flexibility to create a business park that better allows for balancing the accommodation of research and technology uses with other complementary and supporting uses such as office, commercial and light manufacturing.

A description of the elements of this Comprehensive Plan Amendment request is provided below as follows: Fort Lake Business and Technology Park (BTP) Text Amendment; Mixed Use Designation Map Amendment; and Loop Road Map Amendment. Proposed amendments to the text of the Comprehensive Land Use Plan is included in Appendix A to this Application.

Fori Lake BTP Text Amendment

Since the establishment of the BTP in the 2002 Comprehensive Land Use Plan I Amendment, overall market conditions for research and technology use in the region I have changed, as have land use conditions in the City of DuPont and within the BTP. Specific conditions that have changed since adoption of the 2002 Comprehensive Land Use Plan Amendment and how the proposed Comprehensive Plan Amendment would address the changed conditions, are described below. The specific requested amendment to the text of the Comprehensive Land use Plan as it relates to the BTP is included in Appendix A to this Application.

Regional and Local Market Conditions

Overall market conditions for the types of research and technology uses allowed in the BTP have changed since adoption of the 2002 Comprehensive Land Use Plan Amendment, as described below.

• Market Conditions - Market conditions for the research and high­technology type use envisioned for the BTP have changed over the last four years and are forecast to continue, with the overall market reflecting a substantial decline in the demand for research and high-technology building space. The existing and forecasted market demand for the type of building space permitted in the BTP is not strong enough to absorb the development capacity of the BTP.

The range of uses aI/owed on the BTP under the proposed Comprehensive Plan Amendment would aI/ow for a broader range of uses in the BTP to be more responsive to current market conditions, and to aI/ow the flexibility to meet future market conditions.

While providing a range of uses that is responsive to market conditions, the proposed range of uses for the BTP would accommodate research and technology uses. Because research and technology companies tend to value sites with convenient access to a range of uses, such as

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 2

i I·

personal services (i.e. coffee shops, restaurants, hotel), to assist in their ability to attract talented labor, the proposed Comprehensive Land Use Plan amendments provide the potential to improve the ability of the B TP to attract new research and technology uses to the City of DuPont.

e Regional Economic Growth Conditions - Pierce County is currently experiencing some of the strongest economic growth in the region, with new businesses seeking to locate in the area. Locally, other commercial developments in the area, including Hawks Prairie, contain commercial land tailored to meet current market conditions.

Broadening of the range of uses aI/owed in the BTP would provide the City of the DuPont with business park land capable of meeting the needs of the current and future market and aI/ow the City of DuPont to remain competitive with other communities in the ability to attract new employment generating businesses. For example, under the current provisions of the Comprehensive Land Use Plan, large commercial uses with a history of success in the City, such as Intel, would not be permitted to develop in the BTP. The Intel facility produces computer servers and is considered a light manufacturing use; light manufacturing uses are not currently aI/owed in the BTP.

• Tax Revenue - The commercial base is the most important source of tax revenue to the City. To attract new employment and tax revenue generating commercial uses to the City, the market must be able to see value and opportunity in locating in the BTP. The BTP designation, as currently defined, is too narrowly focused to successfully attract the number and size of employers sufficient to fully realize the BTP development potential.

The ability to develop a range of uses on the B TP will allow to opportunity for employment and fiscal benefits (including recurring tax revenues) to the City of DuPont that would not likely result under the current provisions of the Comprehensive Land Use Plan. Additionally, short-term employment associated with construction within the BTP would also be greater than under current Comprehensive Land Use Plan provisions.

City of DuPont Land Use Characteristics

Conditions within the City of DuPont have changed since adoption of the 2002 Comprehensive Land Use Plan Amendment, as described below.

• City Land Base - All existing commercially zoned (COM) land in the city is committed (i.e. sold or under construction) and approximately 200 acres (approximately 40 percent) of existing MRP land will be in surface mining use for the foreseeable future (reclamation anticipated to be completed in 18+ years). Thus, there is a limited availability of land in the City of DuPont suitable to accommodate future demand for commercial and manufacturing/research park uses.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 3

The proposed Comprehensive Plan Amendment would provide the opportunity for commercial and manufacturingiresearch park type uses to locate within the BTP, an opportunity that is not afforded under the current Comprehensive Land Use Plan.

• Site Configuration - Considering the irregular layout of the golf course (as dictated by the Consent Decree) and the location of the BTP relative to the Puget Sound bluff, Old Fort Lake and Sequalitchew Creek, the land area available for future development is irregularly shaped and configured around these natural amenities. This configuration is not conducive to the types of research and technology uses currently allowed in the BTP which typically favor large, regularly shaped parcels. Also, the configuration of the natural spaces limits the maximum feasible parcel size to roughly 50 acres. This eliminates feasibility for a section of the market; i.e. large users who would need a site greater than 50 acres.

The proposed Comprehensive Plan Amendment would provide for a range of uses, many of which can be developed on smaller and/or irregularly shaped parcels that can realize a development pattern that more efficiently considers the natural parameters of the site.

Comprehensive Land Use Plan Map Amendments

Mixed Use Designation

At the time of adoption of the 2002 Comprehensive Land Use Plan Amendment, the approximately 13.6-acre area in the northwest corner of the BTP was anticipated to develop as a "resort activity center which could include a restaurant, small shops, over­night accommodations (hotel), a conference center, andlor a golf course clubhouse." This area is currently designated Mixed Use by the Comprehensive Land Use Plan.

Since adoption of the Comprehensive Land Use Plan Amendment in 2002, the golf course layout has been formalized with the main parking lot located closer to the center of the golf course than originally envisioned in the Plan; the clubhouse will be centrally located adjacent to the parking lot and would not be located near the Mixed Use area. Future commercial uses may logically desire to locate in proximity to the clubhouse.

The proposed Comprehensive Plan Amendment would eliminate the existing Mixed Use Designation in this area and replace it with the BTP Designation. The proposed Comprehensive Plan Amendment would provide the flexibility to better respond to market driven locational decisions for the types of uses envisioned for the Mixed Use Designation (hotels for example); thus, the proposed Comprehensive Land Use Plan Amendment would allow for the types of uses envisioned for the Mixed Use Designation to be located in multiple locations throughout the BTP. For instance, the proposed amendment would allow a mix of commercial uses to occur near the clubhouse facility as well as in locations with desirable natural amenities, such as the Puget Sound bluffs. BTP development in this area would also accommodate public access to the proposed Wilkes Observatory community parkland to the west of this area.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 4

I

Loop Road

The Comprehensive Land Use Plan map for the Fort Lake Business and Technology Park (page P-45 of the Plan) illustrates a specific alignment for the Loop Road circling the BTP. The alignment of the Loop Road displayed in the Comprehensive Land Use Plan was defined prior to the finalized layout of the golf course and did not consider a specific lot layout within the BTP.

To provide the opportunity for flexibility in roadway alignment to accommodate future users of the BTP, the proposed Comprehensive Land Use Plan Amendment requests that the specific Loop Road alignment illustrated on the Fort Lake Business and Technology Park Map (page P-45) be amended to illustrate a conceptual alignment only, with an indication that the actual Loop Road layout will be based on the specific configuration of future users, and cannot reasonably be identified at this time (a map illustrating the proposed revision is included in Appendix A).

As indicated in the SEPA Checklist accompanying this application, potential adjustments to the Loop Road alignment to accommodate future users would not affect the operation of the roadway or affect the level of service of area intersections.

3. Decisional Criteria (DuPont Municipal Code Section 25.170.090

The approximately 650-acre Fort Lake Business and Technology Park is located near the western City limits and is bounded by Sequalitchew Creek on the north, the Puget Sound bluff on the west, the northern boundary of Hoffman Hill and Yehle Park Villages to the south, and the Civic Center and Center Drive to the east (see Figures 1 and 2 of the SEPA Environmental Checklist). The City of DuPont Land Use Code indicates the following: "In consideration that the Comprehensive Plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies 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." The City of DuPont Comprehensive Land Use Plan amendment decisional criteria are presented below, followed by discussions of the proposal's relationship to each.

(1) The proposed plan amendment wt1l fwther and be consistent with the goals, objectives and policies of the comprehensive plan, except for the policv being amended; County-Wide Planning Policies for Pierce County,' and Vision 2020.

Vision 2020 and County-Wide Planning Policies

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, Vision 2020 provides a regional framework for achieving the goals of the Growth Management Act. It combines a public commitment to a growth management vision with the transportation investments and programs and economic

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 5

strategy necessary to support that vision. Vision 2020 also identifies the policies and key actions necessary to implement the overall strategy.

The vision is for diverse, economic and environmentally healthy communities framed by open space and connected by a high-quality, multi-modal transportation system that provides effective mobility for people and goods. Vision 2020 calls for locating development in urban growth areas so services can be provided efficiently. Within urban areas such as DuPont, it supports creation of compact communities with employment and housing growth focused in centers. The strategy is designed to ensure that development in communities makes it easier to walk, bicycle and use transit.

While Vision 2020 provides a regional framework for achieving the goals of the Growth Management Act, the County-Wide Planning Policies supply the local framework and provide additional detail for county and city comprehensive plans. The Pierce County County-wide Planning Policies contain various parts, including: affordable housing; agricultural lands; economic development and employment; education; fiscal impact; historic, archaeological and cultural preservation; natural resources, open space and environmentally sensitive lands; public capital facilities; transportation; and, urban growth areas.

Discussion: The City of DuPont Comprehensive Land Use Plan was adopted in 1985 and amended in 1995 and 2002 to meet the requirements of the State Growth Management Act, and to support the concepts of Vision 2020 and the Pierce County County-Wide Planning Policies. Adherence with relevant goals and policies of the City of DuPont Comprehensive Land Use Plan would result in compliance with Vision 2020 and the Pierce County County-Wide Planning Policies. The proposed Comprehensive Land Use Plan amendment is consistent with Vision 2020 and the County-wide Planning Policies and would allow employment opportunities within an urban growth area, with efficient access to available urban services and transportation options.

DuPont Comprehensive Land Use Plan

The City of DuPont Comprehensive Land Use Plan (1985, including amendments through 2002) is a "broad statement of community goals and policies that direct the orderly and coordinated physical development" of the City into the future. The maps, goals and policies of the Plan provide the basis for the adoption of regulations, programs and services. The Plan serves as a guide for designating land uses, and developing infrastructure and community services. General Elements of the Plan include: Land Use; Economic Development; Natural Environment and Sensitive Areas; Cultural Resources; Parks and Recreation; Housing; Transportation; Capital Facilities; Essential Public Facilities; and, Utilities. Below is a discussion of policies relevant to the proposed Comprehensive Plan amendment from the City's Comprehensive Plan.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 6

,

i I

Land Use

Policies

LU-1 Establish several distinct neighborhoods or villages, sized according to a pedestrian or walking scale of distance and defined where possible by natural features, parks, open spaces, and streets.

LU-2 Link together the residential, business, and cultural areas with a system of streets, parks, natural features and open space to define neighborhoods, protect natural environments and ecological systems.

LU-5 Maintain the visual quality of the City as seen from Puget Sound, the Nisqually National Wildlife refuge, and public roads. Provide scenic viewpoints within the City to Puget Sound and the Nisqually Delta.

Discussion: These policies support the proposed amendment to the Comprehensive Land Use Plan Amendment and establish the opportunity for a business park containing a range of employment and supporting uses in a campus setting. Locating both employment and service uses within the BTP will encourage pedestrian activity; for example, employees would have the opportunity to walk to dining and shopping within the BTP.

Future development within the BTP under the proposed Comprehensive Land Use Plan Amendment would include the retention of approximately 50 percent of the BTP in open space, including retained natural area (permanent open space tracts associated with Old Fort Lake and associated buffer, Sequalitchew Creek buffer and Puget Sound bluff area) and vegetated recreation area (golf course). Opportunities for public viewpoints to Puget Sound and the Nisqually Delta from the proposed public park at Wilkes Observatory would be afforded on the site under the proposed Comprehensive Land Use Plan Amendment.

Economic Development

Goals

To provide a broad level of services and work opportunities while assuring a diverse level of tax support.

To assure that adequate public facilities and public services are available to attract and support clean, high quality businesses and commercial development.

To include small business as a vital part of the City's economic framework.

Discussion: The range of uses allowed in the BTP under the proposed Comprehensive Plan Amendment would allow for a broader range of uses (including small businesses) in the B TP to be more responsive to current market conditions, and to allow the flexibility to meet future market conditions. This would assist the City of DuPont in providing a broad and diverse range of work opportunities.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 7

The proposed range of uses for the BTP would also accommodate research and technology uses, while also allowing for other complementary and supporting uses. Because research and technology companies tend to value sites with convenient access to a range of uses, such as personal services (restaurants, barber shop, etc.), to assist in their ability to attract talented labor, the proposed Comprehensive Land Use Plan amendments provide the potential to improve the ability of the B TP to attract new research and technology uses to the City of DuPont.

Additionally, a broadening of the range of uses allowed in the BTP would position the City of DuPont to better attract businesses relative to other competing areas. For example, the nearby Hawk's Prairie development has successfully attracted businesses that also considered property in the City of DuPont.

Policies

ED-1 Determine appropriate balance for the "types" of businesses necessary for long­term health and economic sustainability.

.1 Discussion: Compared to the narrow range of uses currently permitted in the BTP, the i proposed Comprehensive Land Use Plan Amendment would allow the opportunity for employment and fiscal benefits to the City of DuPont that would not likely result under the current provisions of the Comprehensive Land Use Plan. The proposed Comprehensive Plan Amendment would enhance the ability of the City of DuPont to attract new businesses that would generate employment and recurring tax revenues; thus, providing additional opportunities for the long-term economic health and sustainability of the City of DuPont.

Natural Environment and Sensitive Areas

Goals

To attain no net loss to high value sensitive areas and open space within the City and mitigate losses of low and moderate value natural features through enhancements in areas to be saved.

To exercise responsible environmental stewardship by directing development towards areas of the City where natural systems and amenities present the fewest environmental constraints.

Discussion: The BTP contains high-value sensitive areas, including Old Fort Lake (Wetland #4), Puget Sound bluff, Sequalitchew Creek and associated vegetated buffers. As under current Comprehensive Land Use Plan provisions, future development consistent with the proposed Comprehensive Land Use Plan Amendment would include the placement of Old Fort Lake and its buffer, Puget Sound bluff area, and Sequalitchew Creek and it's buffer in permanent open space tracts.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 8

Policies

ESA-1 Obtain for preservation, environmentally sensitive areas and those that are valuable natural and aesthetic resources to the City.

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.

ESA-16 Maintain no net loss in the functions, values and area of lakes, marshes, streams, wetlands and bluffs, recognizing the potential for passive public access on or at Old Fort Lake.

Discussion: Consistent with CUlTent Comprehensive Land Use Plan provisions, the proposed Comprehensive Land Use Plan Amendment would result in the retention of approximately 50 percent of the 650-acre site in open space, including approximately 21 percent of the site in naturallrestored open space (including Old Fort Lake, Puget Sound bluff, Sequalitchew Creek and associated buffers), and approximately 29 percent of the site in park, golf course and land preserved for historic/cultural resources. Under the proposed provisions of the Comprehensive Land Use Plan Amendment, the ability to provide passive public access to Old Fort Lake, the Puget Sound bluff and Sequalitchew Creek would not be foreclosed. Future site development under provisions of the proposed Comprehensive Land Use Plan Amendment would reflect a campus style business park integrated with the site's natural amenities.

Parks and Recreation

Policies

PR-8 Maintain a buffer and open space around Old Fort Lake that includes a public trail.

Discussion: Under the proposed provisions of the Comprehensive Land Use Plan Amendment, Old Fort Lake and associated buffer area would be retained, and the ability to provide passive public access to Old Fort Lake would not be foreclosed. As under current Comprehensive Land Use Plan provisions, under the proposed Comprehensive Land Use Plan Amendment approximately 50 percent of the 650-acre site would be retained in open space, including approximately 21 percent of the site in naturallrestored open space (including Old Fort Lake, sensitive area and buffers), and approximately 29 percent of the site in park, golf course and land preserved for historic/cultural resources.

(2) 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.

One of the goals of the Growth Management Act is to have certain capital facilities in place concurrent with development. This concept is known as concurrency. In the City of DuPont, concurrency requires: (1) facilities to serve the development be in place at the time of development (or that a financial commitment is made to provide the facilities

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 9

within a specified period of time); and, (2) such facilities have sufficient capacity to serve development without decreasing levels of service below minimum standards adopted in the Capital Facilities Plan.

Discussion: The proposed Comprehensive Land Use Plan map amendment would not include new residential use and would not affect concurrency requirement. Future BTP development under the proposed Comprehensive Plan Amendment would be required to meet concurrency requirements. It is anticipated that no substantial net increase in demands on community facilities would result under future BTP development consistent with the proposed Comprehensive Land Use Plan Amendment. Utility systems, transportation infrastructure and parks are or will be available in the area and have adequate capacity to serve business park development on the site. Road and utility system extensions would be constructed in phases as needed to the BTP to serve future business park development. Additionally, Quadrant is donating land adjacent to the BTP to the City for the purposes of a Civic Center that would include potice and fire facilities. Refer to sections 14 and 15 of the SEPA Environmental Checklist prepared in support of this application for discussion on potential impacts to transportation and public services/facilities.

(3) If the reguest is to change the land use designation of a specific property on the interim zoning map. the applicant must also demonstrate either of the following: a) the existing land use designation was clear Iv made in error due to an oversight; or b) 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.

Discussion: The proposed Comprehensive Land Use Plan Amendment includes the . broadening of the range of uses envisioned for the Fort Lake BTP. Consistent with amendments to the Comprehensive Land Use Plan, it is proposed that the Land Use Code zoning map be amended to eliminate the Mixed Use zone in the northwest comer of the BTP and replace with the BTP designation.

At the time of adoption of the Comprehensive Land Use Plan Amendment in 2002, the approximately 13.6-acre area in the northwest comer of the BTP was anticipated to develop as a "resort activity center which could include a restaurant, small shops, over­night accommodations (hate/), a conference center, and/or a golf course clubhouse." This area is currently designated Mixed Use by the Comprehensive Land Use Plan and by the Land Use Code.

Since adoption of the Comprehensive Land Use Plan Amendment in 2002, the golf course layout has been formalized with the main parking lot located closer to the center of the golf course than originally envisioned in the Plan; the clubhouse will be centrally located adjacent to the parking lot and would not be located near the Mixed Use area. Future commercial uses may logically locate in proximity to the clubhouse.

The proposed Comprehensive Plan Amendment would eliminate the existing Mixed Use Designation in this area and replace it with the BTP Designation. The proposed Comprehensive Plan Amendment would provide the flexibility to better respond to market driven locational decisions for the types of uses envisioned for the Mixed Use

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 10

, .. •

Designation (hotels for example); thus, the proposed Comprehensive Land Use Plan Amendment would aI/ow for the types of uses envisioned for the Mixed Use Designation to be located in multiple locations throughout the BTP. BTP development in this area would also accommodate public access to the proposed Wilkes Observatory community parkland to the west.

Adoption of the proposed Comprehensive Plan Amendment would help achieve DuPont Comprehensive Land Use Plan goals of providing a broad level of services and work opportunities while assuring a diverse level of tax support, attract and support high quality business and commercial development, and provide an appropriate balance for the types of businesses necessary for long-term health and economic sustainability.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 11

ATTACHMENT A

The following are the requested amendments to the text describing the intent of the Old Fort Lake Business and Technology Park as described on pages P-46 and P-47 of the Comprehensive Land Use Plan (2002).

Old Fort Lake Business and Technology Park

This low-density business. afltl-technology and commercial area will integrate campus style development with historic features, natural areas, open space and a golf course. Bounded by Sequalitchew Creek, the Puget Sound bluff; the northern boundary of Hoffman Hill and Yehle Park Villages and the Civic Center, this area includes Old Fort Lake and the 1833 Fort Nisqually site. Extensive work is underway to clean up this area where the DuPont Company created and assembled explosives until the mid-1970s is almost complete. The most contaminated soils have been removed and the remaining contaminated areas are proposed to be treated and placed under proposed golf course fairways and greens. The golf course boundary waswill be determined somevllhat by the location of the most contaminated areas and is reflected in the remediation agreement between the Weyerhaeuser and DuPont Companies and the Washington State Department of Ecology. Residences, schools, day care uses and parks have been deed restricted by the landowner within Consent Decree Area #1.

The Old Fort Lake Business and Technology Park will have a mix of office, research, light manufacturing, administrative and commercialresearch activities~ developed within large areas of green space. This area provides for business and emerging technology activities within a campus like setting of natural and man made landscapes. Development in this area would reflect a campus style business park High technology, research and development and businesses wOlJld be located within a natural landscape setting, in this area.

Within the Old Fort Lake Business and Technology Park area, Sequalitchew Creek and the Puget Sound shoreline and bluff will be maintained in their natural state and protected from development by buffers. A trail location is identified in the buffer along the south side of the Sequalitchew Creek ravine. In addition to pedestrian access along the Puget Sound bluff, views of the sound will be provided from a collector road running along a portion of the bluff.

TheA golf course planned by Weyerhaeuser Real Estate Company in this area accounts for one-third of the area's MlJre land use. The course wHl-provide~ both an exciting golf experience and a community benefit. The latter may be achieved through maintaining significant trees and natural vegetation, and through the public being able to drive along some fairways and parts of the course to experience the open space. It is anticipated that the course would be privately owned but allow for public play. The public will be able to walk between some fairways and parts of the course to access the Old Fort Lake area and other trail connections. Within the Old Fort Lake Business and Technology Park, a trail corridor connecti!J.gs Old Fort Lake with the community park and trail system in Yehle Park Village and the trail system along Sequalitchew Creek is called for.

Another feature of this area is the Wilkes Observatory site in the northern corner of the Business and Technology Park. The +!hree acres of community parkland is-set aside there would provide

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 12

access to an historic place and provide views of Puget Sound, outside the Consent Decree boundary. In aeeition to featuring an historic place ane parI< with views of Puget aoune, the adjacent area can eevelop into a resort activity center which could include a restaurant, small shops, overnight accommoeations, a conference center, analor a golf clubhouse.

An area that lies within both the Old Fort Lake Business and Technology Park and Sequalitchew Village has been nominated by the Washington State Office of Archaeology and Historic Preservation (OAHP) for listing on the National Register of Historic Places. Per a multi-party memorandum of agreement (December 2000), Weyerhaeuser Real Estate Company will support the listing of the area once the City of DuPont has granted final development approvals for all developable portions of the property. As of 2001, the eistrict is being consieerea for eligibility by the Unitee atates Department of the Interior National Park aervice. The district represents a convergence of ancient and historic activities and values that are representative of the Pacific Northwest. The district encompasses approximately 360 acres. The north boundary starts at the 1843 Fort Nisqually (OAHP Site No. 45-PI-56) and runs west to the site of a sawmill on the north side of the mouth of Sequalitchew Creek (OAHP Site No. 45-PI-71), then south along Puget Sound to include Sequalitchew Archaeological sites (OAHP No. 45-PI-54) and the Ox Road (no OAHP Site No.), then east to include the 1833 Fort Nisqually site (OAHP Site No. 45-PI-55H), DuPont Company site (OAHP Site No. 45-PI-70) and Hudson's Bay Company Cemetery (no OAHP No.) then north back to the 1843 Fort Nisqually site. (a)

Housing units and Acres for land use categories in Old Fort Lake Business and Technology Park are summarized in the table below.

CompleteA.pril2pOQ-t Remaining Buildout Total HOUSING UNITS

single family 0 0 multiple family 0 0

Total 0 0

ACRES FOR USE single family 0 0 multiple family 0 0

business and technology 0 29~9 29~9

sensitive area/buffers 101 open space 35

public park 0 3(b) 3(b) cultural ~ 0 2§ recreation/golf 1849 Q-1-&4 184

major road Gl 2Q9 26

Total 650 (a) See Memorandum of Agreement among Weyerhaeuser Company, Weyerhaeuser Real Estate Company, City of

DuPont, The Nisqually Point Defense Fund, Committee for the Preservation of the Nisqually Mission Historical Site, The Nisqually Delta Association, and The DuPont Historical Society, December 12, 2000.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 13

I

, I I I

(b) There is one park proposed as a community park in the Old Fort Lake Business and Technology Park. It is a 3-acre parcel at the Wilkes Observatory overlooking Puget Sound above the mouth of Sequalitchew Creek.

The following amendment to the "Industrialffechnology Development" policy discussion on page P-55 is proposed.

LU-33 Establish a Business and Technology Park land use designation located between Center Drive and the Puget Sound bluff, south of Sequalitchew Creek.

Discussion: Developed after the approved clean up plan is implemented, this area will provide for a range of office, commercial, light manufacturing and research and development uses of light assembly of materiais designed around a new proposed golf course. Primarily administrative and researchlde\'efopment functions, tThese..JirJ1JJ. manufacturing businesses will generallv require a lesser amount armin/mum of material inputs and finished product will tend to be less than industrial uses and will typicallv reguire less large truck traffic than typical industrial uses and emit very little or no noise or pollution. A variety of building types, from separate buildings housing a single user to buildings providing individually leased spaces can be sited within the park.

Old Fort Lake BTP Comprehensive Land Use Plan Amendment 14

Alignment of Loop Road to be Determined

Old Fort Lake Business and Technology Park

, The actual Loop Road alignment will be based on the specific configuration of future BTP users.

... J

!

I !

l j

Alignment of Loop Road to be Determined

Conceptual Loop Road'

\

I i

NOT TO SCALE

Proposed Old Fort Lake Business and Technology Park Map

©®ODDUuuQ!Jlli)O~ W®u~~[}u®fP Sign-In Sheet

June 16, 2005

NAME ADDRESS

, VD\2, io70 ViA,PO}\)"'I,

P:\P!anning Agency\PA Admin ftems\PA ~ign-in sheeldDc

E7</-III}/T 3 ..

ATTACHMENT B

Consistent with the proposed amendments to the Comprehensive Land Use Plan, corresponding amendments to the Land Use Code will also be proposed, including: revisions to Chapter 25.40 reflecting the broader range of uses permitted or conditionally permitted in the BTP District. The following are the proposed amendments to Chapter 25.40 of the Land Use Code.

Chapter 25.40 BUSINESS TECH PARK DISTRICT (BTP)

Sections: 25.40.010 Purpose. 25.40.020 Permitted uses. 25.40.030 Conditional uses. 25.40.040 Prohibited uses. 25.40.050 Performance standards. 25.40.060 Site plan approval.

25.40.010 Purpose.

The business tech park district is intended to provide location for a range of business park uses, including office, commercial, light manufacturing and research. This district is intended to provide area for those uses that desire to conduct business in an atmosphere of prestige location in which environmental amenities are protected through a high level of development standards. Light manufacturing uses with significant adverse impacts such as excessive noise or emission of significant quantities of dirt, dust, odor, radiation, glare or other pollutants are prohibited . (Ord. 06-816 § 4; Ord. 02-707 § 1)

25.40.020 Permitted uses.

(1) All uses that are permitted in the commercial , office and manufacturing/research park districts, except those listed in DMC 25.40.040.

(a) This district is intended to permit a range of office, commercial , light manufacturing and research uses that:

(i) Do not create significant noise, risk of explosion, radioactive release, or air or water pollution;

(ii) Are designed for a campus-like setting with architectural detailing as required by Section 25.40.050(5).

(b) In addition to the specified uses permitted in the commercial , office and manufacturing/research park districts, this district permits research, research industry-oriented service providers and other compatible uses including, but not limited to:

(i) Software engineering; (ii) Electronic components and board systems engineering , development, and

application; (iii) Biotechnology laboratories; (iv) Communications services; (v) Personnel services; (vi) Child day care center; (vii) Attached wireless communication facility; (viii) Utility facility; (ix) Similar land uses.

(c) Total supporting retail and service uses in the business tech park is limited to an overall maximum of 60,000 square feet of freestanding floor area, with no more than 10,000 square feet of reta il or service floor area concentrated in any single area.

(2) Accessory Uses. This district permits the following uses as an accessory to permitted uses listed in this chapter: Uses which meet the development standards in the purpose section

of this chapter and provide a service to the employees or the public of any permitted use, are contained in the main bui lding of said permitted use, and consume no more than 10 percent of the total floor area of said permitted use. (Ord. 06-816 § 4; Ord. 02-707 § 1)

25.40.030 Conditional uses.

(1) All conditional uses in the commercial, office and manufacturing/research park districts, except those listed in DMC 25.40.040.

(2) In addition to the conditional uses in the commercial, office and manufacturing/research park districts, the conditional uses in this district include but are not limited to:

(a) School (limited to technical or adult educational facilities) ; (b) Freestanding wireless communication facility; (c) Golf course; (d) Similar land use. (Ord. 06-816 § 4)

25.40.040 Prohibited uses.

(1) The following permitted or conditional uses in the commercial district are prohibited in the business tech park district:

(a) Service stations; (b) Residential, even as an accessory use; (c) Adult family home; (d) Family day care; (e) Schools (not including technica l or adult educational facilities).

(2) The following permitted or conditional uses in the office district are prohibited in the business tech park district:

(a) Schools (not including technical or adult educational facilities); (b) Non-office public use.

(3) The following permitted or conditional uses in the manufacturing/research park district are prohibited in the business tech park district:

(a) Mineral extraction; (b) Single tenant retail outlet over five acres; (c) Amusement park; (d) Schools (not including technical or adult educational facilities); (e) Senior housing;, (fl Distribution: (g) Warehousing. (Ord. 06-816 § 4)

25,40.050 Performance standards.

All uses in the business tech park district shall be regulated by the following performance standards:

(1) Lot Area. There is no minimum lot area for lots in this district. (2) Lot Coverage. There is no maximum lot area coverage except as needed to meet setback

and landscaping requirements. (3) Building Setbacks.

(a) Front. No structure shall be closer than 25 feet to any front property line. Any building wall over 40 feet high shall be set back at least an additional one foot for each foot in height over 25 feet;

(b) Side. No structure shall be closer than 25 feet to any side property line. Any building wall over 40 feet high shall be set back at least an additional one foot for each foot in height over 40 feet;

(c) Rear. No structure shall be closer than 25 feet to any rear property line. Any building wall over 40 feet high shall be set back at least an additional one foot for each foot in height over 40 feet.

(4) Building height shall not exceed 65 feet in height. Mechanical equipment and its screening shall not be included in height calculation .

(5) Blank walls greater than 50 feet in length along the front and sides of a building shall be softened either by planting large caliper trees of 10 through 14 feet tall adjacent to the building, by wood trellises on the building, or by similar means. Entrances shall be emphasized with architecturally distinctive elements such as a covered walk, gabled roof, landscaping, or similar means. Earth-berming at the base of the facade is encouraged for large-scale structures. Building designs for multi phase campuses are encouraged to be of similar character. The fronts of adjacent buildings on the same lot shall not be so similar in design that they are determined by the director to be virtually identical in terms of building design. Differing materials, window sizes, trim detail, entry location and treatment, and front wall modulations are examples of methods of creating differentiation between building design.

(6) Parking and loading areas shall be provided as required by Chapter 25.95 DMC. Parking and loading areas shall be located at the rear of buildings or separated from public rights-of-way by a moderate screen (see Chapter 25.90 DMC, Landscaping).

(7) Landscaping. Landscaping shall be provided as required by Chapter 25.90 DMC. (8) Exterior Mechanical Devices. All HVAC equipment, pumps, heaters and other mechanical

devices shall be fully screened from view from all public rights-of-way. Vents, mechanical penthouses, elevator equipment and similar appurtenances that extend above the roofline must be surrounded by a solid sight-obscuring screen that meets the following criteria:

(a) The screen must be integrated into the architecture of the building. (b) The screen must obscure the view of the appurtenances from adjacent streets and

properties. (c) Exemptions. The following shall be exempted from the provisions of this section:

(i) Rod, wire and dish antennas are exempt from the requirements of this section, if the screening would interfere with the effective operation of the antenna.

(ii) A painted appurtenance is exempt from the requirements of this section if the director of community development determines that painting will be as effective in minimizing rooftop clutter as would a solid sight-obscuring screen.

(9) Outdoor storage (supplies, materials, or products not contained in a structure) shall not cover more than two percent of the total site area and shall be screened from streets and adjoining properties by a 100 percent sight-obscuring wall or fence.

(10) Trash Enclosures. Trash enclosures shall be provided as required by Chapter 25.100 DMC.

(11) Signage. Signage shall comply with the requirements of Chapter 25.115 DMC. (12) Noise levels shall not exceed the maximum allowed in Chapter 9.09 DMC (Sound and

Vibration) for Class B (commercial) environmental designations. (13) Air emissions shall meet applicable regulations of the Puget Sound Air Pollution Control

Authority, and no visible, frequent smoke, dust, or gases shall be emitted. (14) Emission of offensive gasses or vapors shall not be permitted to exceed the odor

threshold as measured at any point along the lot or lots on which the use or structure is located. (15) Outdoor lighting shall be designed to minimize light escapement beyond the site. (16) Hazardous Substance or Waste Storage. No more than 20,000 pounds of hazardous

substances or hazardous wastes may be stored on-site, and no hazardous substances or wastes may be stored on-site except that which is delivered for on-site operations or produced

on-site. Nothing in this section shall preclude storage of diesel fuel stored on-site for emergency generators. (Ord. 06-816 § 4; Ord. 02-707 § 1. Formerly 25.40.030.)

25.40.060 Site plan approval.

Site plan approval is required for all development projects. Development projects on sites of 15 acres or less and expansions of permitted projects involving 15 acres or less of a new development shall be processed with a Type II procedure. Development projects and expansions larger than 15 acres shall be processed with a Type II I procedure. Processes for all procedures are set forth in DMC 25.175.010. (Ord. 06-816 § 4; Ord. 02-707 § 1. Formerly 25.40.040.)

Appendix

CHART OF USES BY DISTRICT

The following chart is provided as a general reference guide but is not intended to be as detailed as individual district descriptions.

OK - Permitted Mixed Business Manufacturingl

A - Accessory Residential Commercial Office Industrial C - Conditional

Use Tech Park Research Park

A

Above-ground utilities < 50 OK OK OK OK OK OK OK

sq. ft.

Above-ground utilities> 50 C C C C OK OK OK

sq . ft .

Accessory residence C C A A

Adult entertainment C

Adult family home OK OK OK

Amusement park C

Assisted living ,; 120 units C C

Automotive repair OK

B

Bank OK OK OK A

Businesses OK OK OK C

Car rental OK

Child day care center C OK OK OK OK OK A

Churches C C C C

Clinics OK OK OK

Coffee shop OK C OK OK A

Commercial recreation C C

Communication services OK OK OK OK OK

Copy centers OK C OK OK OK OK

!CHART OF USES BY U'l)' "", ,

[OK - Permitted [A - Accessory ~ Conditional

Drive thru'

~ !Equipment sales

IF I and

i 'day care

i ; cent"'.

[Golf course

Home

'Hotels

~K

Laundry, " '~,

Light m~n"fo "i,

M,I i

1 homes S 180 beds

Office equipment sales and

Ip

~uses

10, -, ""i" uses

OK

OK

OK'

C

OK

C'

~ OK OK'

.. ~' Park

- --

"",. ,,',

OK OK OK 1','< ',""

~ _c: ~ L "01(" " c

OK

OK

OK

OK

~ .. ,', "'--'---

c .1"""" '.' "

A

OK

OK OK ,,< ,'.OiS:" '".,'

~ ',,'" ,',

,',.' , ()I(, OK

OK C' OK ,.C', "

C ...21<. ,OK'

IR

Kamal I V <!"rlin< OK C OK " .. PIS. < <

i' .....•. '!'il«' OK

ICHART OF USES BY u,,,, "", " Imn!i"' ,prl\

10K - Permitted Mixed ~,'.~'J" • ,dr,~1

IA - Accessory i Office .. ' ...•.. • ,g" Idestri",

Ic - Conditional Use ""':'''',,;,. Park

" , •.. ' ................. C

I", OK C OK

<~ IRetail stores and shops OK OK A

IRetail- Big box stores . ',' .. '. C

IS

C C c .. '" . C C

ISenior housing and C C .' .... ',. C'

i homes $120 ..

·e ... " ,station OK OK ···· .. ·,i<.·.<·

'" -i" OK OK' . .......;. .. , ........ ' OK

T ·U

V

, clinic C I '" .• C" , C

W

..'.ft,;<,.; OK OK'

communication . ···'············i>· i i . ',.,',

OK OK OK "'~"" OK OK

i ''<If C C

X, Y,Z

'Uses are subject to limitation, see specific district for details. "School use in BTP is limited to technical or adult educational facilities.

(Ord. 06~816 § 4; Ord. 02-707 § 1)

City of DuPont Determination of Non-Significance (DNS)

DuPont Comprehensive Plan Amendment and

Site-Specific Rezone

City File No. SEPA 05-08

Description of Proposal: Amendments of the City of DuPont Comprehensive Land Use Plan to:

1. Broaden the range of uses envisioned for the Business and Technology Park­designated portion of the 650-acre Old Fort Lake Business and Technology Park;

2. Change the DuPont Comprehensive Plan designation of a 13.6-acre site located at the northwest corner of the Old Fort Lake Business and Technology Park from Mixed-Use to Business and Technology Park; and,

3. Eliminate a specific location for the Business and Technology Park Loop Road in the Old Fort Lake Business and Technology Park as currently shown on the Comprehensive Plan Map to indicate the general location of the roadway instead of a specific alignment.

Consistent with the proposed amendments to the Comprehensive Land Use Plan, corresponding amendments to the Land Use Code are proposed to include:

1. Revisions to Chapter 25.40 reflecting the broader range of uses within the Business and Technology Park; and,

2. Rezone a 13.6 acre area in the northwest corner of the Business and Technology Park from Mixed-Use to Business and Technology Park.

Proponent: Quadrant Corporation, DuPont, WA

Location of Proposal: The Old Fort Lake Business and Technology Park site is located in the western portion of the City of DuPont, within Pierce County. The site is located within Sections 22, 26 and 27 of Township 19 North, Range 1 East, W.M., and is bounded by Sequalitchew Creek to the north, the Civic Center to the east, Hoffman Hill and Yehle Park Villages to the south, and Puget Sound to the west.

The entire Old Fort Lake Business and Technology Park site is included within Consent Decree Area #1, which is undergoing remedial cleanup based on a 1991 agreement between the Weyerhaeuser and DuPont companies and the Washington State Department of Ecology (DOE). The site includes the 1833 Fort Nisqually site and other cultural sites, and the former DuPont Works site. A golf course has been developed on

P:\Comp Plan\Comp Plan Amendments\Comp Plan Amend - Fort lake\SEPA 05-08 ONS-doc

1

ExHIBIT 1

much of this area, accounting for approximately one-third of the Business and Technology Park site.

The 13.6 acre Mixed Use area is located in the far northwest corner of the Old Fort Lake site.

The site is legally described as:

That portion of Sections 22,26 and 27, Township 19 North, Range 1 East, W.M., City of DuPont, Pierce County, Washington, lying southerly of the thread of Sequalitchew Creek AND lying easterly of the Burlington Northern Railroad right-of-way AND lying northerly of an existing fence (as referred to in that Warranty Deed recorded under Recording No. 9112090237) running generally east-west from an area adjacent to said Burlington Northern Railroad right-of-way to the westerly extension of the southerly margin of Palisade Boulevard as it runs east-west adjoining the intersection of said Palisade boulevard and Center Drive AND lying northerly of said westerly extension AND lying westerly of Center Drive.

Lead Agency: City of DuPont Note: The following environmental analysis pertains only to a non-project proposal to amend the City's Comprehensive Land Use Plan and Land Use Code. Subsequent, project specific environmental analysis of the related preliminary plats and development is necessary because detailed preliminary plats and plans have not been submitted as of the time of this analysis.

Findings: 1. The applicant submitted a comprehensive plan amendment; rezone and zoning

code amendment application and environmental checklist for the proposal dated April 29, 2005. The checklist was revised June 15, 2005.

Staff Response: The revised checklist dated June 15,2005, consisting of 45 pages, is attached hereto and identified as Exhibit A.

2. Item A.11 of the checklist states the proposed amendments would: a. Broaden the range of uses envisioned for the Business and Technology

Park-designated portion of the 650-acre Old Fort Lake Business and Technology Park;

b. Change the land use designation of the 13.6-acre Mixed Use area in the northwest corner of the Old Fort Lake Business and Technology Park from its current Mixed Use designation to the Business and Technology Park designation; and,

c. Eliminate the specific location for the Business and Technology Park Loop . Road within this designation as currently shown in the map to indicate the general location of the roadway instead of a specific alignment.

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ItemA11 further states that consistent with the proposed amendments to the Comprehensive Land Use Plan, corresponding amendments to the Land Use Code will also be proposed, including: a. Revisions to Chapter 25.40 reflecting the broader range of uses within the

Business and Technology Park; and, b. Rezone of the 13.6-acre area in the northwest corner of the Business and

Technology Park to the BTP zoning designation.

3. Item A 12 of the checklist states the entire Old Fort Lake Business and Technology Park site is included within Consent Decree Area #1, which is undergoing remedial cleanup based on a 1991 agreement between the Weyerhaeuser and DuPont companies and the Washington State Department of Ecology (DOE).

4. Item B.1.b. of the checklist states the site contains steep slopes exceeding 40 percent in the Open Space-designated portions of the site, including within the Puget Sound bluffs and the area adjacent to Sequalitchew Creek. The steepest slope on the Business and Technology Park-designated portion of the site (developable portion of the site) is approximately 33 percent and is located in the southwest portion of the site.

Staff Response: If necessary, the applicant shall file application for permits for work within steep slope environmentally sensitive areas, as defined by the DuPont Municipal Code, with the preliminary plat application. Additional mitigation is not necessary at this time.

5. Item B.1.d of the checklist states that there is know known history of unstable soils on the site or in the immediate vicinity.

Staff Response: If necessary, the applicant shall file a geological report prepared by a registered geological engineer attesting to the stability of natural or cut­slopes within proposed development areas at the time of preliminary plat submittal. Additional mitigation is not necessary at this time.

6. Item B.1.e of the checklist states that the amount of clearing and grading associated with future development would likely be similar to what would occur given the current Comprehensive Land Use Plan and Land Use Code provisions that apply to the site.

Staff Response: Earthwork quantities will be submitted and examined during review of any preliminary plat applications. Additional mitigation is not necessary at this time.

7. Item B.3.c of the checklist states quantity of impervious surfaces and resultant storm water runoff would not be impacted by the proposed amendments.

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Staff Response; Preliminary storm drainage calculations will be submitted and examined during review of any preliminary plat applications to demonstrate compliance with adopted impervious surface and storm drainage requirements. Additional mitigation is not necessary at this time.

8. Item B.7.a.1 of the checklist states no special emergency services would be required as a result of the proposed amendment or future development.

Staff Response: Impacts to emergency services, if any, will be identified during review of the preliminary plat applications. Additional mitigation is not necessary at this time.

9. Item B.8.i of the checklist states future development on the site in employment and commercial uses under the proposed amendments would result in new employees on the site. The expected employment level on the site would be similar to that expected under existing policies and regulations.

10. Item B.9.a of the checklist states that residential uses are not allowed in the BTP per the 1991 Consent Decree and the deed restrictions for the property. The proposed Comprehensive Land Use Plan amendment, rezone, Land Use Code amendment, and future development on the site would not result in any housing units being provided. Therefore, the proposed amendments would not alter the Comprehensive Land Use Plan's allocation of housing unit capacity among the various areas of the City.

11. Item B.12.a of the checklist states that the proposed amendments to the Comprehensive Land Use Plan would not impact the onsite golf course or other onsite recreational resources. An 18-hole golf course has been developed on 184 acres (approximately 28 percent) of the site, consistent with the Comprehensive Land Use Plan. The golf course will provide recreational opportunities and will include public access, including access to certain parts of the course, to trail connections on the site, and to Old Fort Lake, as well as allowing for public play.

The Comprehensive Land Use Plan calls for future use of 3 acres in the northwest corner of the site (the proposed Wilkes Observatory parkland) as a park. The Comprehensive Land Use Plan also calls for Old Fort Lake (Wetland #4) and its buffer, Sequalitchew Creek and its buffer, and the Puget Sound bluff and its buffer to be preserved as open space. A trail system around Old Fort Lake and through the open spaces along the Puget Sound bluff and Sequalitchew Creek is also depicted in the Comprehensive Land Use Plan.

12. Item B.13.a. of the checklist states that the site contains the location of the 1833 Hudson's Bay CompanyfPuget Sound Agricultural Fort Nisqually outpost, which is listed in the National Register of Historic Places (NRHP) and also identified as Washington State Office of Archaeology and Historic Preservation (OAHP) site

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No. 45-PI-55. The site also contains a portion of the Sequalitchew Southwest site (OAHP site No. 45-PI-72), a prehistoric shell midden.

The Old Fort Lake Business and Technology Park site also contains portions of a proposed historic district, known as the Nisqually Sequalitchew District, which has been nominated for listing in the NRHP. The onsite portions of the proposed district contain the 1833 Fort Nisqually site (OAHP site No. 45-PI-55), the DuPont Company site (OAHP site No. 45-PI-70), and 1833 Hudson's Bay Company Cemetery (OAHP site No. 45-PI-404).

Of the resources located within the Old Fort Lake Business and Technology Park site, the 1833 Fort Nisqually site, the southwest midden site, and the Hudson's Bay Company Cemetery are archaeological sites, with no existing structures (except a non-historical fence surrounding the 1833 Fort site). These locations would not be affected by the proposed amendments. With future development of the site, these locations will be either preserved as open space tracts or conveyed to a conservancy agency, as appropriate. Per a multi-party memorandum of agreement (2000), Weyerhaeuser Real Estate Company will support the listing of the Nisqually Sequalitchew historic district once the City of DuPont has granted final development approvals for all developable portions of the property.

The Old Fort Lake Business and Technology Park site also includes bunker structures associated with the former DuPont Works plant. These structures would not be affected by the proposed amendments. Bunkers located in the golf course are planned to remain as features; those outside of the course layout will likely be demolished as a part of ongoing site work.

Resources located near but offsite of the Old Fort Lake Business and Technology Park site include the NRHP-listed 1843 Fort Nisqually site (OAHP site No. 45-PI-56) and the Nisqually Methodist Mission (OAHP site NO. 45-PI-66), both of which are contained within the proposed Nisqually Sequalitchew district.

13. Item B.13.c of the checklist states that no additional measures to reduce or control impacts to historic or cultural resources are proposed as a part of the proposed Comprehensive Land Use Plan amendment, rezone, and Land Use Code amendment are proposed or required.

Consistent with the Comprehensive Land Use Plan, NRHP-listed and NRHP­eligible archaeological and historical sites within the Old Fort Lake Business and Technology Park will be preserved as open space tracts or conveyed to a conservancy agency; certain other resources are located in the area of the golf course development and will be preserved as part of the golf course. These resources would not be affected by the proposed amendments. Additionally, all work done within the Consent Decree Area, which includes the site, would be in

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accordance with the 1988 cultural resources agreement signed by the City of DuPont, OAHP, and the Weyerhaeuser Company. Further, an established agreement with the Nisqually Tribe protects cultural resources, sites and human remains, if any are discovered, in association with the remediation project at the former DuPont works site.

14. Item B.14.d of the checklist states that new internal roads such as the Business and Technology Park Loop Road and associated local road(s) would be developed on the site; the proposed amendments include eliminating a specific location for the Loop Road on the Comprehensive Land Use Plan map, in order to allow for design of the future road to respond to future land uses. Access to these roadways would be provided to/from individual employment and commercial uses and the proposed Wilkes Observatory site (future community park).

Staff Response: Although the proposal is to eliminate a specific location for the interior Business and Technology Park Loop Road it is essential that this future road result in a complete loop through the Business and Technology Park. Furthermore, the location of this road should define the easterly boundary of a public open space adjacent to the bluff edge consistent with DuPont Comprehensive Plan Policy PR-9 and T-12.

15. Item B.14.f of the checklist indicates that based on a memo submitted with the environmental checklist indicates that future uses under the proposed changes to BTP zoning on the site could potentially produce lower, similar to, or greater traffic than the currently allowed uses under the existing BTP zoning, depending on the specific mix of future uses (refer to Table 2 in Appendix A for a listing of the trip generation rates for currently permitted BTP uses and proposed BTP uses). Because specific uses that would be developed on the site will be based on market conditions and cannot be defined at this time, an estimate of the future number of trips from future site development under the Comprehensive Land Use Plan Amendment cannot be made; however, the potential for certain future uses to generate more future vehicle trips than currently allowed BTP uses would be offset by the potential for other future uses to generate fewer trips than currently allowed BTP uses, and the overall number of trips generated by uses on the site would not exceed the number allocated to the BTP in the Transportation Appendix to the Comprehensive Land Use Plan. With future development, trips generated by uses on the site would be required to comply with the City's roadway and intersection level of service (LOS) standards (LOS 0), as well as restrictions related to vehicle types on certain roadways. The proposed amendments to the Comprehensive Land Use Plan would not generate traffic levels beyond those considered in the Comprehensive Land Use Plan.

The memo further states that alignment of the Loop Road to accommodate future uses would not affect the operation of the Loop Road or affect the level of

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service at area intersections (refer to Appendix A to the Environmental Checklist).

16. Item B.14.g of the checklist states that no measures are required for the Comprehensive Land Use Plan amendment, rezone, and Land Use Code amendment. The overall number of trips generated by uses on the site would not exceed the number allocated to the BTP in the Transportation Appendix to the Comprehensive Land Use Plan. With future development of the site, trips generated by uses on the site would be required to comply with the City's roadway and intersection level of service (LOS) standards (LOS D), as well as restrictions related to vehicle types on certain roadways. Refer to Appendix A of the June 15, 2005 checklist for further information.

Future development of employment and commercial uses on the site would provide parking capacity according to the City of DuPont Land Use Code.

17. Item B.15.a of the checklist states that the proposed Comprehensive Land Use Plan amendment, rezone, and Land Use Code amendment would not increase the need for public services.

Similar to under existing policies and regulations, future development of employment and commercial uses on the site would increase the need for public services (police and fire service) on the site as compared to existing conditions. The overall square footage of building area would not significantly differ from what would be allowed under existing policies and regulations, and would, therefore, not result in an increase in the need for public services over what could have been proposed.

The 2001 DuPont Comprehensive Land Use Plan EIS Amendment estimates overall future City police and fire personnel needs in the years 2012 and 2020, required to serve the estimated population of the City. The 2004 DuPont Capital Facilities Plan also estimates the need for services based on population. There would be no capacity for residential uses or associated population on the site under the proposed amendments. Further, uses on the site would be similar to uses allowed in other areas of the City, and would not likely require any specialized fire or emergency equipment that would not be necessary to serve other areas of the City.

No further mitigation is necessary at this time.

18. Item B.16.b of the checklist stated future development would include utility demands typical of office, light manufacturing and commercial uses and would be provided by: City of DuPont - stormwater drainage and domestic water; Pierce County - sewer; Puget Sound Energy- electricity and natural gas; Telephone - Qwest; and, Cable - Comcast.

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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.030 (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.

Comment Period: This DNS is issued under WAC 197-11-340(2) and WAC 197-11-502(3) (b). The lead agency will not act on this proposal for 14 days from February 14, 2006. Comments shall be submitted to the City of DuPont no later than 5:00 p.m., February 28, 2006. Appeals shall be filed with the DuPont Hearing Examiner between 8:00 a.m., March 1, 2006 and 5:00 p.m., March 15, 2006, in the manner more specifically set forth in DMC 25.175.060.

ring, Director of Communit SEPA Responsible Official

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(Date)

EXHIBIT A

OLD FORT LAKE BUSINESS & TECHNOLOGY PARK REVISIONS

OLD FORT LAKE BUSINESS AND TECHNOLGY PARK

This low-density business, technology and commercial area will integrate campus style

development with historic features, natural areas, open space and a golf course. Bounded by

Sequalitchew Creek, the Puget Sound bluff; the northern boundary of Hoffman Hill and Yehle

Park Villages and the Civic Center, this area includes Old Fort Lake and the 1833 Fort Nisqually

site. Extensive work to clean up this area where the DuPont Company created and assembled

explosives until the mid-1970s has been completed. The most contaminated soils have been

removed and the remaining contaminated soils have been placed under golf course fairways

and greens. The golf course boundary was determined by the location of the most contaminated

areas and is reflected in the remediation agreement between the Weyerhaeuser and DuPont

Companies and the Washington State Department of Ecology. Residences, schools, and parks

have been deed restricted by the landowner within Consent Decree Area #1.

The Old Fort Lake Business and Technology Park will have a mix of office, research, light

manufacturing, administrative and commercial activities. This area provides for business and

emerging technology activities within a campus like setting of natural and man made

landscapes. Development in this area will reflect a diverse campus style business park located

within a natural landscape setting.

Within the Old Fort Lake Business and Technology Park area, Sequalitchew Creek and the

Puget Sound shoreline and bluff will be maintained in their natural state and protected from

development by buffers. A trail location is identified in the buffer along the south side of the

Sequalitchew Creek ravine. In addition to pedestrian access along the Puget Sound bluff, views

of the sound will be provided from a collector road running along a portion of the bluff.

The golf course accounts for one-third of the area's land use. The course provides both an

exciting golf experience and a community benefit. The latter may be achieved through

maintaining significant trees and natural vegetation, and through the public being able to drive

along some fairways and parts of the course to experience the open space. It is anticipated that

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the course would be privately owned but allow for public play. The public will be able to walk

between some fairways and parts of the course to access the Old Fort Lake area and other trail

connections. A trail corridor within the Old Fort Lake Business and Technology Park will

connect Old Fort Lake with the community park and trail system in Yehle Park Village and the

trail system along Sequalitchew Creek.

Another feature of this area is the Wilkes Observatory site in the northern corner of the Business

and Technology Park. Three acres of community parkland will be set aside outside the Consent

Decree boundary to provide access to the historic site and provide views of Puget Sound and

the Olympic Mountain Range in the distance.

An area that lies within both the Old Fort Lake Business and Technology Park and Sequalitchew

Village has been nominated by the Washington State Office of Archeology and Historic

Preservation (OAHP) for listing on the National Register of Historic Places. As provided in a

mUlti-party memorandum of agreement (December 2001), Weyerhaeuser Real Estate Company

will support the listing of the area once the City of DuPont has granted final development

approvals for all developable portions of the property. The district represents a convergence of

ancient and historic activities and values that are representative of the Pacific Northwest. The

district encompasses approximately 360 acres. The north boundary starts at the 1843 Fort

Nisqually (OAHP Site No. 45-PI-56) and runs west to the site of a sawmill on the north side of

the mouth of Sequalitchew Creek (OAHP Site No. 45-PI-71), then south along Puget Sound to

include Sequalitchew Archaeological sites (OAHP No. 45-PI-54) and the Ox Road (no OAHP

Site No.), then east to include the 1833 Fort Nisqually site (OAHP Site No. 45-PI-55H), DuPont

Company site (OAHP Site No. 45-PI-70) and Hudson's Bay Company Cemetery (no OAHP No.)

then north back to the 1843 Fort Nisqually site.(a)

Housing units and Acres for land use categories in Old Fort Lake Business and Technology

Park are summarized in the table below.

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HOUSING UNITS

single family

multiple family

Complete April 2005

o o

Remaining Buildout Total

o o

Total o o

ACRES FOR USE

single family

multiple family

o o o

o o

293

101

35

business and technology

sensitive area/buffers

293

open space

public park

cultural

recreation/golf

major road

Total

o 8

184

1

3(b)

o o

25

3(b)

8

184

26

650

(a) See Memorandum of Agreement among Weyerhaeuser Company, Weyerhaeuser Real Estate Company, City of

DuPont, The Nisqually Point Defense Fund, Committee for the Preservation of the Nisqually Mission Historical Site,

The Nisqually Delta Association, and The DuPont Historical Society, December 12, 2000.

(b) There is one park proposed as a community park in the Old Fort Lake Business and Technology Park. It is a 3-

acre parcel at the Wilkes Observatory overlooking Puget Sound above the mouth of Sequalitchew Creek.

LU-33

(50)

Establish a Business and Technology Park land use designation located

between Center Drive and the Puget Sound bluff, south of Sequalitchew Creek.

Discussion: Developed after the approved clean up plan is implemented, this

area will provide for a range of office, commercial, light manufacturing and

research and development uses designed around a golf course. These light

manufacturing businesses will generally require a lesser amount of material

inputs and finished products will tend to be less than industrial uses and will

typically require less large truck traffic than typical industrial uses and emit very

little or no noise or pollution. A variety of building types, from separate buildings

housing a single user to buildings providing individually leased spaces can be

sited within the park.

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OLD FORT LAKe

IIii -r-:-:.:"~""~~~~~ ~rri/ -

Old! Fort lake Business & Tech Park Comprehensive Plan Map Amendment

July 25, 2006

CIVIC CEHTER

FUTURE SCHOOL SITE

EXHIBIT B

BUSINESS TECH PARK DISTRICT REVISIONS

Chapter 25.40 BUSINESS TECH PARK DISTRICT

Sections: 25.40.010 Purpose. 25.40.020 Permitted uses. 25.40.030 Conditional uses. 25.40.040 Prohibited uses. 25.40.050 Performance standards. 25.40.060 Site plan approval.

25.40.010 Purpose. The Business Tech Park district is intended to provide location for a range of business park uses, including office, commercial, light manufacturing and research. This district is intended to provide area for those uses that desire to conduct business in an atmosphere prestige location in which environmental amenities are protected through a high level of development standards. Light manufacturing uses with significant adverse impacts such as excessive noise or emission of significant quantities of dirt, dust, odor, radiation, glare or other pollutants are prohibited.

25.40.020 Permitted Uses. (1) All uses that are permitted in the Commercial, Office and Manufacturing/Research Park districts, except free standing warehouse/distribution facilities and those listed in Section 25.40.040. (a) This district is intended to permit a range of office, commercial, light manufacturing and research uses that:

(i) Do not create significant noise, risk of explosion, or radioactive release, or air or water pollution; (ii) Are designed for a campus-like setting with architectural detailing as required by Section 25.40.050(5).

(b) In addition to the specified uses permitted in the Commercial, Office and Manufacturing/Research Park districts, this district permits research, research industry­oriented service providers and other compatible uses including, but not limited to:

(i) Software engineering; (ii) Electronic components and board systems engineering, development, and application; (iii) Biotechnology laboratories. (iv) Communications services; (v) Personnel services; (vi) Child daycare center; (vii) Attached wireless communication facility; (viii) Utility facility;

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(ix) Similar land uses.

(c) Total supporting retail and service uses in the Business Tech Park is limited to an overall maximum of 60,000 square feet of freestanding floor area, with no more than 10,000 square feet of retail or service floor area concentrated in any single area.

(d) Accessory Uses. This district permits the following uses as an accessory to permitted uses listed in this chapter: Uses which meet the development standards in the purpose section of this chapter and provide a service to the employees or the public of any permitted use, are contained in the main building of said permitted use, and consume no more than 10 percent of the total floor area of said permitted use.

25.40.030 Conditional Uses (1) All conditional uses in the Commercial, Office and Manufacturing/Research Park districts, except those listed in Section 25.40.040. (2) In addition to the conditional uses in the Commercial, Office and Manufacturing/Research Park districts, the conditional uses in this district include but are not limited to: (a) School (limited to technical or adult educational facilities); (b) Freestanding wireless communication facility; (c) Golf course; (d) Similar land use.

25.40.040 Prohibited Uses (1) The following permitted or conditional uses in the Commercial District are prohibited in the Business Tech Park District: (a) Service stations; (b) Residential, even as an accessory use; (c) Adult family home; (d) Family day care: (e) Schools (not including technical or adult educational facilities). (2) The following permitted or conditional uses in the Office District are prohibited in the Business Tech Park District: (a) Schools (not including technical or adult educational facilities); (b) Non-office public use. (3) The following permitted or conditional uses in the Manufacturing/Research Park District are prohibited in the Business Tech Park District: (a) Mineral extraction; (b) Single tenant retail outlet over 5-acres; (c) Amusement park; (d) Schools (not including technical or adult educational facilities); (e) Senior housing.

25.40.050 Performance standards.

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Old Fort Lake BTP Land Use Code Amend: EXHIBIT B Page 2 of 7

All uses in the Business Tech Park district shall be regulated by the following performance standards: (1) Lot Area: There is no minimum lot area for lots in this district.

(2) Lot Coverage. There is no maximum lot area coverage except as needed to meet setback and landscaping requirements.

(3) Building Setbacks. (a) Front. No structure shall be closer than 25 feet to any front property line. Any building wall over 40 feet high shall be setback at least an additional 1 foot for each foot in height over 25 feet; (b) Side. No structure shall be closer than 25 feet to any side property line. Any building wall over 40 feet high shall be setback at least an additional 1 foot for each foot in height over 40 feet; (c) Rear. No structure shall be closer than 25 feet to any rear property line. Any building wall over 40 feet high shall be setback at least an additional 1 foot for each foot in height over 40 feet.

(4) Building Height shall not exceed 65 feet in height. Mechanical equipment and its screening shall not be included in height calculation.

(5) Blank walls greater than 50 feet in length along the front and sides of a building shall be softened either by planting large caliper trees of 10 through 14 feet tall adjacent to the building, by wood trellises on the building, or by similar means. Entrances shall be emphasized with architecturally distinctive elements such as a covered walk, gabled roof, landscaping, or similar means. Earth-berming at the base of the facade is encouraged for large-scale structures. Building designs for multiphase campuses are encouraged to be of similar character. The fronts of adjacent buildings on the same lot shall not be so similar in design that they are determined by the Director to be virtually identical in terms of building design. Differing materials, window sizes, trim detail, entry location and treatment, and front wall modulations are examples of methods of creating differentiation between building design.

(6) Parking and loading areas shall be provided as required by Chapter 25.95. Parking and loading areas shall be located at the rear of buildings or separated from public rights-of-way by a moderate screen (see Chapter 25.90, Tree Retention and Landscaping).

(7) Landscaping. Landscaping shall be provided as required by Chapter 25.90.

(8) Exterior Mechanical Devices. All HVAC equipment, pumps, heaters and other mechanical devices shall be fully screened from view from all public right-of-way. Vents, mechanical penthouses, elevator equipment and similar appurtenances that extend above the roofline must be surrounded by a solid sight-obscuring screen that meets the following criteria: (a) The screen must be integrated into the architecture of the building. (b) The screen must obscure the view of the appurtenances from adjacent streets and properties.

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(c) Exemptions. The following shall be exempted from the provisions of this section: (i) Rod, wire and dish antennas are exempt from the requirements of this section, if the screening would interfere with the effective operation of the antenna. (ii) A painted appurtenance is exempt from the requirements of this section if the director of community development determines that painting will be as effective in minimizing rooftop clutter as would a solid sight-obscuring screen.

(9) Outdoor storage (supplies, materials, or products not contained in a structure) shall not cover more than two percent of the total site area and shall be screened from streets and adjoining properties by a 100 percent sight obscuring wall or fence.

(10) Trash Enclosures. Trash enclosures shall be provided as required by Chapter 25.185.

(11) Signage. Signage shall comply with the requirements of Chapter 25.115.

(12) Noise levels shall not exceed the maximum allowed in Chapter 9.09 DMC (Sound and Vibration) for Class B (commercial) environmental designations.

(13) Air emissions shall meet applicable regulations of the Puget Sound Air Pollution Control Authority, and no visible, frequent smoke, dust, or gases shall be emitted.

(14) Emission of offensive gasses or vapors shall not be permitted to exceed the odor threshold as measured at any point along the lot or lots on which the use or structure is located.

(15) Outdoor lighting shall be designed to minimize light escapement beyond the site.

(16) Hazardous substance or waste storage. No more than 20,000 pounds of hazardous substances or hazardous wastes may be stored on-site, and no hazardous substances or wastes may be stored on-site except that which is delivered for on-site operations or produced on site. Nothing in this section shall preclude storage of diesel fuel stored on-site for emergency generators.

25.40.060 Site plan approval. Site plan approval is required for all development projects. Development projects on sites of 15 acres or less and expansions of permitted projects involving 15 acres or less of a new development shall be processed with a Type II procedure. Development projects and expansions larger than 15 acres shall be processed with a Type III procedure. Processes for all procedures are set forth in Section 25.175.010.

Chart of Uses by District

The following chart is provided as a general reference guide but is not intended to be as detailed as individual district descriptions.

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-..c .,,"" ok-permitted 0 c ...

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Amusen '''"' Park C tJ.~. Living::; 120 Units C C tJ., 'VlIV" ok

B Bank ok ok ~ A

ok ok C

Car ok Child Day Care CE ,'or C ok ok ok

• ok A

Ct" C C C ok ok

l.,;orree Shop ok C ok A \Jon II , II C C L II ok ok ok ok ok Copy ok C ok ok ok ok

D Deli ok C ok • A l "f;nn ok ok' Drive In VV'" ok ok'

E

t: n '''''ClII'" r-aCIlIlY ok ok "."",';' FOil :" I",,, ok

F and ,lJly ok

Family Day Care ok ok ok rllness L ok C ok ~ C

G ( (" ok Golf Course ···.··C;.,·

H Fnll

Occunations ok ok

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Old Fort Lake BTP Land Use Code Amend: EXHIBIT B Page 5 of7

C C ,;,;C<

Hotels ok ok 1'011,<'

I J K L

Laundry. Industrial

~ ok

Light Manufacturing ok ok M

Manl,f",,10 .. inn Ok ~AI. i .1 ok* ok* ok*

N NursinQ ,:5 180 Beds C C

0 VIII<';~ Fnl Sales and ok ok ok \';;<0)(' A l ok ok* ok ok ok A Open Air Vending ok ok ,',

P D~.v~ ok ok ok .-.IIIlIlIY ~[ ok ok Public Uses C* ok C* ok

Q nll,,<::i Public Uses ok C ok ~, .... ,

R Radio TV Stllrlin<:: ok C ok ;';

R ok ok R,,<::nurce ling C

I .. "nl<:: ok C ok • r and ok ok Big Box C

S I" C C C C

Senior Housing and Retirement C C C*

I :5 120 i ok ok

Sinnlo RI ok Ok* T U V

v' i ~n, Clinic C ':',.~; 6-W W~housing :,'A>, ok 0](*

Con IIIIUII II reo';lII""'''

ok ok ok ok ok ok IIUIlIY C C C

F:ICouncillCounclJ Packet 2006107·25.06 Work SessionlComp Plan Or{! and Amendl13a·3 Old Fort Lake BTl" Land Use Code Amend_Exhibit B w·amendments FINALdoc

Old Fort Lake BTP Land Use Code Amend: EXHIBIT B Page 6 of7

x y z

* Uses are subject to limitation, see specific district for details.

** School use in the BTP is limited to technical or adult educational facilities.

I> .······1 Proposed changes

F:ICouncillCouncii Packet 2008\07-25-06 Work SessionlComp Plan Old and Amend\13a-3 Old Fort Lake BTP Land Use Gode Amen!l...Exhibil B w-amendments FINAL-doc

Old Fort Lake BTP Land Use Code Amend: EXHIBIT B Page 7 of 7