H-4149.1 _______________________________________________
HOUSE BILL 2723
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Cairnes, Mulliken, Reams, Sherstad, Thompson, Mielke, Bush and O'Brien
Read first time 01/19/98. Referred to Committee on House Government Reform & Land Use.
AN ACT Relating to industrial land banks; and amending RCW 36.70A.367.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70A.367 and 1997 c 402 s 1 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 or a
county that has a population greater than one hundred forty thousand and is
adjacent to another country)) may establish((, in consultation with
cities consistent with provisions of RCW 36.70A.210,)) a process for
designating ((a bank of no more than two master planned locations for major
industrial activity outside)) and determining the allowed uses within
industrial land banks as provided in this section. The industrial land banks
shall consist of no more than two noncontiguous locations, which may include
multiple development sites outside urban growth areas. In establishing
the size of a bank, a county shall consider the projected population and
economic growth of a county, consistent with the other requirements for banks
in subsection (3) of this section.
(2)
((A master planned location for major industrial developments outside an
urban growth area may be included in the urban industrial land bank for the
county if criteria including, but not limited to, the following are met)) Prior
to designating an industrial land bank, a county shall amend its county-wide
planning policy under RCW 36.70A.210 to include policies for siting industrial
land banks, if the county-wide planning policy does not already contain such
provisions. In designating banks, a county shall consult with cities
consistent with the procedures and provisions of its county-wide planning
policy.
(3) An industrial land bank may be designated at:
(a) A unique location or a location with unique physical characteristics; or
(b) A location already characterized by, or adjacent to, some existing industrial or commercial development.
(4)(a) To designate an industrial land bank under subsection (3)(a) of this section, the county must make findings that: (i) The location of the industrial land bank is unique or is characterized by unique physical characteristics such as size, or proximity to transportation facilities, natural resources, or related industries that support its designation as an industrial land bank; and (ii) 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.
(b) To designate an industrial land bank under subsection (3)(b) of this section, the county must make findings that: (i) An inventory has been conducted and there are no suitable locations available for the industrial land bank within existing urban growth areas within the county; (ii) the establishment of the industrial land bank is important to achieving documented economic development goals, policies, or plans of the county or state; (iii) 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; and (iv) the industrial land bank location is characterized by some existing industrial or commercial development or is adjacent to an area characterized by such development.
(5) Final approval of an industrial land bank shall be through adoption of the comprehensive plan or an adopted amendment to the comprehensive plan, and development regulations that are consistent with and implement the comprehensive plan, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of industrial land bank locations may be considered at any time.
(6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.
(7) Once an industrial land bank has been approved, development that qualifies as an allowed use and that the county determines meets the requirements of (a) and (b) of this subsection may be located there.
(a) Development in an industrial land bank designated under subsection (3)(a) of this section must meet the following:
(((a)
New)) (i) Infrastructure is provided for and/or applicable impact
fees are paid;
(((b)
Transit-oriented site planning)) (ii) Transportation impacts are
mitigated and traffic demand management programs are implemented;
(((c)))
(iii) Buffers are provided between the ((major)) industrial ((development))
land bank and adjacent nonurban areas;
(((d)))
(iv) Environmental ((protection)) impacts including impacts
to air and water quality ((has)) have been ((addressed and
provided for)) mitigated in accordance with chapter 43.21C RCW and/or
this chapter;
(((e)))
(v) Comprehensive plan policies and development regulations are
established to ensure that urban growth will not occur in adjacent nonurban
areas;
(((f)))
(vi) Provision is made to mitigate adverse impacts on designated
agricultural lands, forest lands, and mineral resource lands;
(((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)
Final approval of inclusion of a master planned location in the urban
industrial land bank shall be considered 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
locations may be considered at any time.
(5)
Once a master planned location has been included in the urban industrial land
bank, manufacturing and industrial businesses that qualify as major industrial
development under RCW 36.70A.365 may be located there.
(6)
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; or (c) requires a
location with characteristics such as proximity to transportation facilities or
related industries such that there is no suitable location in an urban growth
area. The major industrial development may not be for the purpose of retail
commercial development or multitenant office parks)) and
(vii) Development relates to the unique location or unique physical characteristics that were the basis for designation of the industrial land bank such as size, or proximity to transportation facilities, natural resources, or related industries.
(b) Development in an industrial land bank designated under subsection (3)(b) of this section must meet the following:
(i) Infrastructure is provided for and/or applicable impact fees are paid;
(ii) Transportation impacts are mitigated and traffic demand management programs are implemented;
(iii) Buffers are provided between the industrial land bank and adjacent nonurban areas;
(iv) Environmental impacts including impacts to air and water quality have been mitigated in accordance with chapter 43.21C RCW and/or this chapter;
(v) Comprehensive plan policies and development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; and
(vi) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands.
(8) For the purposes of this section "industrial land bank" means a location designated for one or more manufacturing, industrial, commercial, or high-technology businesses, and related office uses. The industrial land bank shall not be for the purpose of retail commercial development or multiple tenant office parks.
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