5915.E AMH GRLU KLAI 1

 

 

 

 

By Representative Cairnes

 

 


ESB 5915 - H COMM AMD

By Committee on Government Reform & Land Use

     Strike all material after the enacting clause and insert the following:

 

     ASec. 1.  RCW 36.70A.367 and 1996 c 167 s 2 are each amended to read as follows:

     (1)  In addition to the major industrial development allowed under RCW 36.70A.365 and in addition to the authority to establish an urban growth area outside of a city allowed under RCW 36.70A.110, a county required or choosing to plan under RCW 36.70A.040((that has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand)) may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating((a))industrial land banks of ((no more than two master planned locations for major industrial activity outside))noncontiguous locations, which may include multiple development sites, as permissible urban growth outside of urban growth areas.

     (2)((A master planned location for major industrial developments outside an urban growth area may be included in the urban)) AIndustrial land bank@ means a location designated for one or more manufacturing, industrial, commercial, or high-technology businesses that requires characteristics such as size or proximity to transportation facilities, natural resources, or related industries, such that the county finds there is no suitable location in((an)) existing urban growth areas within the county.  The industrial land bank shall not be for the purpose of retail commercial development or multiple tenant office parks.

     (3)  In order to designate an industrial land bank, the county must make findings that: (a) An inventory has been conducted and there is no suitable location available for the industrial land bank within((an))existing urban growth areas within the county; (b) the establishment of the industrial land bank is important to achieving documented economic development goals, policies, or plans of the county or state; and (c) the necessary infrastructure to support the industrial land bank is available or can be provided by private or public sources in a reasonable manner and time frame.

     (4)  Development in an industrial land bank((for the county if criteria including, but not limited to, the following are met)) must((address)) meet the following:

     (a)  ((New)) Infrastructure is provided for and/or applicable impact fees are paid;

     (b)  ((Transit oriented site planning))Transportation impacts are mitigated and traffic demand management programs are implemented((where appropriate));

     (c)  Improvements or strategies to accomodate the impacts of development in the industrial land bank will be made Aconcurrent with development@ as defined in RCW 36.70A.070(6);

     (((c)))(d) Buffers are provided between the((major)) industrial ((development)) land bank and adjacent nonurban areas;

     (((d)))(e) Environmental((protection)) impacts including impacts to air and water quality((has)) have been ((addressed and provided for)) mitigated in accordance with RCW 43.21C and/or RCW 36.70A;

     (((e)))(f) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; and

     (((g) The plan for the major industrial development is consistent with the county=s development regulations established for protection of critical areas; and))

     (((f)))(g) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands((; and

     (g) The plan for the major industrial development is consistent with the county=s development regulations established for protection of critical areas; and

     (h) An inventory of developable land has been conducted as provided in RCW 36.70A.365.

     (3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to an urban growth area)).

     (((4)))(5) Final approval of((inclusion of a master planned location in the urban)) an industrial land bank shall be((considered)) through adoption of the comprehensive plan or an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of((master planned)) industrial land bank locations may be considered at any time.

     (((5))) (6) Once ((a master planned location)) an industrial land bank has been ((included in the urban industrial land bank, manufacturing and industrial)) approved, businesses that the local jurisdiction determines qualify ((as major industrial development)) under ((RCW 36.70A.365)) subsection (2) of this section may be located there.

     (((6))) (7) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.

     (((7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 1998.  However, any location included in the urban industrial land bank on December 31, 1998, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met.

     (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that:  (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent.  The major industrial development may not be for the purpose of retail commercial development or multitenant office parks.))@

 

 

 

 

 

EFFECT: Adds language to allow counties to establish industrial land banks as permissible urban growth outside of urban growth areas in addition to the county=s ability to establish an urban growth area outside of a city as set forth in RCW 36.70A.110 (sets forth that urban growth area may include territory outside of a city under certain circumstances); removes language requirement that industrial land bank location be characterized by existing industrial or commercial development or a unique physical or locational characteristic; requires development in an industrial land bank to meet rather than address certain enumerated criteria; specifies that a county must find no suitable location for industrial land bank within existing urban growth areas within the county; specifies that transportation impacts must be mitigated rather than addressed; requires improvements or strategies to accomodate impacts of development in the industrial land bank to be made concurrent with development as defined under the GMA; requires counties to mitigate rather than address environmental impacts; removes requirement that plan for industrial development be consistent with the county=s development regulations established for protection of critical areas.