TITLE: 2017 Comprehensive Plan Sub-Area Plan for the Old Fort Lake Business and Technology Park. (File No. COMP-16-04) BUDGET IMPACT: Yes No

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1 City of DuPont 1700 Civic Drive DuPont, WA Special Council Workshop Tuesday, November 7, :00 PM AGENDA Page 1. CALL TO ORDER 2. DISCUSSION ITEMS Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Business and Technology Park (J. Wilson). CD Old Fort Lake Comp Plan Update-FINAL Presented on OFL Comp Plan Update ADJOURNMENT Page 1 of 22

2 MEETING DATE: November 7, 2017 TITLE: 2017 Comprehensive Plan Sub-Area Plan for the Old Fort Lake Business and Technology Park. (File No. COMP-16-04) Community Development 10/17/17 Staff 11/14/17 Jeff Wilson, Director 10/24/17 BUDGET IMPACT: Yes No FUND: DETAILED SUMMARY STATEMENT: This is an opportunity to ask questions based on the proposed amendment and public testimony from October 24th on the recommended amendments to the Old Fort Lake Business and Technology Park sub-are plan approved by the Planning Commission. City Staff and our consultants (Planning and Traffic) will be present to respond to any questions from the Council The draft ordinance provided on October 24th will be submitted for 1st Reading during November 14, 2017 Council meeting. RECOMMENDATION: 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 2 of 22

3 THE CITY OF DUPONT November 7, 2017 Mayor Mike Courts 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 3 of 22

4 Purpose/Action Respond to Council inquiries Provide Council a chance to ask additional questions about Sub-area Plan for Old Fort Lake No action required 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 4 of 22

5 Agenda History and background Recap and update to Mayor s Roundtable Responses to Council Inquiries Questions 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 5 of 22

6 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 6 of 22 History and Background The Consent Decree with the Dept of Ecology (ECY) was issued on July 17, 1991 Prior to August 12, 1997, the Old Fort Lake (OFL) Area had been zoned for Mixed Use. Ordinance # was adopted creating an interim planning area designation until a new sub-area plan was adopted. The property owner (Weyerhaeuser) followed up on the Consent Decree through the placement of private Restrictive Covenants on the property which limited the permitted and prohibited uses of the property consistent with the Consent Decree.

7 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 7 of 22 History and Background On February 26, 2002, Ordinance # was adopted creating the new Business and Technology Park (BTP) zoning designation for Old Fort Lake for the first time. The Comprehensive Plan was amended on July 25, 2006 expanding and bringing in most of the uses associated with Office, Commercial and Manufacturing and Research Park. A Preliminary plat was approved April 20, 2009 (with legislative changes to RCWs, it was valid until 2016). A Development Agreement (DA) was approved by the City Council on January 12, With a DA in force, Sub-area Planning or rezoning would not affect the property due to vesting.

8 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 8 of 22 History and Background The Development Agreement became null and void in 2017 after a one-year extension to get Final Plat approved in 2016 due to the owner not obtaining approval of the Final Plat in that time. The proposed amendments to the Comp Plan were initiated to fulfill "Implementation Action LUA-5" in the Comp Plan that sought to expand uses, and were adopted by the City Council on October 27, 2015 with the charge to conduct Sub-area Planning in the BTP. The Mayor began announcing publically in the fall of 2016 at City Council meetings that the City would begin working on the Sub-Area Plan for the Old Fort Lake Business and Technology Park as directed in the Comprehensive Plan.

9 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 9 of 22 History and Background The Planning Commission 2017 Work Plan including the Sub-area Planning and other Comp Plan updates was reported to the City Council during the regular Council meeting on December 13, The Mayor included in the January 2017, April 2017, June 2017, August 2017 and October 2017 Utility Billing Insert mailed to city residents, updates on the Old Fort Lake Sub-Area Planning effort. In July 2017, a postcard was mailed to every residential address in DuPont inviting citizens to the Open House. On August 7 th, a public Open House was held in the council chambers.

10 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 10 of 22

11 Current Zoning (Legal Uses) Current Zoning 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 11 of 22

12 2010 Development Agreement 2010 Development Agreement 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 12 of 22

13 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Beginning of Draft Zoning Page 13 of 22

14 Current Draft Zoning 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 14 of 22

15 Proposed Major Roadways Access via Wren removed; no traffic next to Pioneer 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 15 of 22

16 Proposed Open Space and Trails Draft Trails and Open Spaces Golf course use or open space only 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 16 of 22

17 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 17 of 22 Proposed Uses Before and After Land Use Present BTP Proposed MUV Office Research/Development Manufacturing Restaurants Warehouse 1 Hotel Retail/Services 2 Hospital Fitness Centers Allowed Residential Not Allowed Allowed Schools Not Allowed Allowed Parks Not Allowed Allowed Day Care Not Allowed Allowed Community Facilities Not Allowed Allowed Freestanding Warehouse/Distribution Service Stations New Restrictions 1: >200k sq ft requires Conditional Use Permit 2: Tenant size limited to 20k sq ft Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Not Allowed Not Allowed

18 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 18 of 22 Council Inquiries Why not convert to all or mostly residential? The Consent Decree prevents residential uses. Restricting most uses to only residential or uses barred by the Consent Decree would effectively make the land unusable in its current state. The Growth Management Act requires the comprehensive plan balance residential, commercial, industrial, and open space uses. Adding new uses to existing zoning presents less legal risk than removing current ones

19 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 19 of 22 Council Inquiries Does the Final Environmental Impact Statement (FEIS) prevent building on top of golf course? No. An FEIS only applies to the project being developed and the current FEIS developed for The Home Course during its proposal/development phase only applies to that project. It does not control any future use of the property. An FEIS does not create law or new regulations. Replacing the golf course would require an entirely separate SEPA evaluation, potentially a new EIS process, and coordination with Dept of Ecology as would any project in the BTP area. Any new project in the BTP might require change(s) to the Consent Decree and/or restrictive covenants if the new use requires them; we are trying to work with Ecology around the 1833 site to allow a park for instance.

20 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 20 of 22 Council Inquiries Can we establish a moratorium? Yes, but previous analogy of driving 85 mph on I-5: you can, but no one would, due to risk Moratoria are considered an emergency measure to maintain the status quo. They are generally only justifiable (and defensible) if they respond to new or changing circumstances not addressed in current law. Our zoning has been in place since 2007 with no new or changing circumstances (potential sale does not qualify)

21 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 21 of 22 Council Inquiries What would happen to the process if this element were pulled out of the current Comp Plan amendments for adoption in 2017? Pursuant to the GMA a city may only update its Comprehensive Plan once per year. The Old Fort Lake Sub- Area Plan is part of the current updates being considered by the Council for adoption in As there are other elements which need to be reviewed during our 2018 update cycle (minimally Transportation Element and other house-keeping amendments along with other Planning Commission work plan our 2018 amendments to the Comp Plan would not likely be ready for council review until the fall of 2019.

22 2017 Comprehensive Plan Update on Sub-Area Plan for the Old Fort Lake Bu... Page 22 of 22 Council Inquiries What are MUVs and why are they being proposed? MUV = Mixed Use Village These are the sub-areas of the Sub-area Planning Sub-areas break up larger tracts so that more appropriate uses can be considered and implemented in smaller areas vs a one-size-fits-all approach like what we have today with BTP zoning over whole area