An Ordinance of the City of Dupont, Washington

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An Ordinance of the City of Dupont, Washington CITY OF DUPONT WASHINGTON ORDINANCE NO. 0<-0 - 81 ~ AN ORDINANCE OF THE CITY OF DUPONT, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN, LAND USE REGULATIONS AND ZONING MAP WITH RESPECT TO THE CIVIC CENTER AREA; THE MINERAL RESOURCE OVERLAY; AND THE FORT LAKE BUSINESS AND TECHNOLOGY PARK; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of DuPont began work on its annual Comprehensive Plan Amendment Cycle in April 2005 to add polices to the above cited portions of the DuPont Comprehensive Plan in confonnance with requirements of the Washington State GMA; and WHEREAS, all proposed amendments have been found to be consistent with each other and are consistent with the current Comprehensive Plan; and WHEREAS, the Growth Management Act requires each jurisdiction to establish public participation procedures whereby amendment to the Comprehensive Plan are considered by the City of DuPont; and WHEREAS, the City held two community workshops on the proposed amendments, and WHEREAS, the DuPont Planning Agency held seven public hearings on the proposed amendments; and WHEREAS, the DuPont Planning Agency conducted three area wide site visits; and WHEREAS, the Planning Agency, after due consideration submitted recommendations to the City Council on each of the proposed amendments, and WHEREAS, the City Council held a public hearing on the proposed amendments on July 11 ,2006; and WHEREAS, the proposed amendments are in the best interest ofthe citizens of the City of DuPont; and WHEREAS, at the conclusion of its review and deliberation on July 25, 2006, the City Council approved the amendments to the Comprehensive Plan as shown in the attached exhibits 1-3 incorporated by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUPONT, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I.Findings and Conclusions. The Exhibits 1 through 3, are hereby adopted by reference in their entirety as the findings and conclusions of the City Council. - 1 - F:\Council\Councii Packet 2006\07-25-06 Work Session\Comp Plan Ord and Amend\DuPont - Camp plan ord. FINAL.DOC/e/08/03/06 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 invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre­ emption shall not affect the validily of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 6. Effective Date. Thi s Ordinance shall be published in the official newspaper of the Cily, and shall take effect and be in full force five (5) days after the date of publication. ~ ADOPTED BY THE C ITY COUNCIL AT A REGULAR MEETING THEREOF ON THE "c_"::.::J_ DD IA Y OF Ju...~ ,2006. C ITY OF DUPONT Steve Young, Mayor A TTEST/AUTHENTICATED: Erin Larsen, A pproved as to form: Shelley Kerslake, C ily Attorney -2- F:\Council\Councii Packet 2006\07-25-06 Work Session\Comp Plan Ord and Amend\DuPont - Camp plan ord. FINALOOC/e/08f03/06 CIVIC CENTER AREA EXHIBIT 1 1. A notice of application was filed by the City on September 15,2005 to amend the City's Comprehensive Plan and Zoning Map designation of 4.86 acres ofland from Residential -12 (R- 12) to Mixed Use to match the westerly portion of the three lots that are zoned Mixed Use. 2. The Growth Management Act, RCW Chapter 36.70A, authorizes amendments or revisions ofthe Comprehensive Plan to be made annually. 3. An environmental review of the proposed Comprehensive Plan amendments has been conducted in accordance with the requirements of the State Environmental Policy Act ("SEPA"), and a SEP A threshold determination of non-significance and notice of adoption was issued on September 16, 2005. 4. The public process for the proposed amendments has provided for early and continuous public participation opportunities as follows: (1) the Planning Agency and City Council reviewed the application pursuant to Chapter 25.170 of the DuPont Municipal Code, (2) the City held a community workshop to discuss the amendment on October 5, 2005, (3) the Planning Agency held a public hearing on October 24, 2005 relating to the amendment, and (4) the City received no comments regarding the amendment. 5. At the conclusion of the above referenced public processes, the Planning Agency after deliberation at its meeting on November 28, 2005, made a recommendation to the City Council regarding the amendments. 6. The provisions and requirements of the DuPont Street Standards and the Design Regulations and Guidelines ofDMC 25.70 are more than adequate to regulate appropriate potential access to and from the properties and will assure their proper site development. 7. The proposed amendment will further and be consistent with the goals, objectives and policies of the City's Comprehensive Plan, including the County-Wide Planning Policies for Pierce County; and Vision 2020. Additionally, the proposed amendment is consistent with the City's plans, policies and regulations for providing community facilities, including but not limited to utilities, transportation, parks, or schools. 8. The Staff Report dated October 18, 2005 attached hereto shall serve as the City Council's findings offact. F:\Coundl\Councii Packet 2006\07·25·06 Work SessJon\Comp Plan Ord and Amend\ 13a-l DuPont - Comp Plan Civic Center Amendment Master Exhiblt,doc! Comprehensive Plan Amendment and Zoning Map Change Staff Report City File No. COMP 05-01, MAP 05-01 Staff Report October 18, 2005 I. Findings 1. The proposal is to amend the DuPont Comprehensive Plan and DuPont Zoning Map to reclassify the easterly 2.03 acres of Lot A, the easterly 0.57 acres of Lot B, and the easterly 2.26 acres of Lot C from Residential -12 (R-12) to Mixed Use. The lots are located at the southwest corner of Center Drive and Sequalitchew Creek (Exhibit A). 2. All three lots are owned by Weyerhaeuser Corporation and Quadrant Corporation. Lot A, totaling 10 acres will be deeded to the City for use as the Civic Center. Lot B, totaling 3.9 acres will be sold for commercial development. Lot C totaling 4.5 acres will be deeded to the Nisqually Indian Tribe for commercial development. 3. Process Amendments shall be processed via a Type V process as required by DMC 25.175.010(4). Type V process includes a community workshop and a separate Planning Agency public hearing and recommendation to the City Council. The Council decides the amendment after considering the amendment and Planning Agency recommendation. a. The Notice of Proposal was issued September 15, 2005. The comment period closed September 29, 2005. No comments were submitted. b. DuPont issued an environmental decision without conditions for the proposal September 16, 2005 (Exhibit B). The comment period closed September 30, 2005. No comments were received. The appeal period closed October 17, 2005. No appeals were filed. c. DuPont held a community workshop October 5, 2005. No one attended. d. The Hearing Notice was issued September 15,2005. e. The Planning Agency will hold a public hearing to take testimony on the proposal October 24, 2005. 4. Planning Agency Decisional Criteria DMC 25.170.090 contains decisional criteria for plan amendments. In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with all of the following decisional criteria: - 1 - F:\Council\Council Packet 2006\07~25~06 Work Session\Comp Plan Ord and Amend\13a-1 Amendment Staff Report Civic Center. doc 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.
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