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Posted on: June 19, 2019

Hearing Examiner Determination on Lot Y

The Hearing Examiner reached a determination on the Lot Y hearing for DuPont Industrial Partners to construct an approximately 255,000 square foot office/warehouse building. The Hearing was held on May 15, 2019 to hear argument on Nisqually Delta Association’s and DuPont Industrial Partners’ challenges to the City’s State Environmental Policy Act (SEPA) determination.

The SEPA process identifies and analyzes environmental impacts associated with development projects. These decisions may be related to issuing permits for private projects, constructing public facilities, or adopting regulations, policies, and plans.

The Hearing Examiner concluded that mitigations required by the City appropriately protected historical and environmental resources on the property and were acceptable. This resulted in the SEPA Mitigated Determination of Nonsignificance (MDNS) being upheld in its entirety.

Concurrently, with the SEPA Hearing the Hearing Examiner held a hearing for approval of the Site Plan. The Hearing Examiner denied Site Plan approval. The Hearing Examiner’s sole reason for denial was his determination that it was not in compliance with the DuPont Municipal Code (DMC 25.45.030(17)). The City was surprised by the determination as the Hearing Examiner’s interpretation of the DMC contradicts two decades of previous implementation of the DMC and previous Hearing Examiner determinations.

Nonetheless, the City is appreciative that the determination was made by a neutral third party. Moving forward the City will consider all options and consult with staff, the public, Council, property owners, and other entities in considering the appropriate use of the property.

Additional Info:

Hearing Examiners Final Decision:  

Notice of Decision:  

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