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 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 procedures and
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. The industrial land
banks shall consist of no more than two noncontiguous locations, which may
include multiple development sites outside urban growth areas.
(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)) "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. 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.
(3)
In order to designate an industrial land bank characterized by a unique
location or unique physical characteristics, the county must make findings
that: (a) 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 (b) 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)
In order to designate an industrial land bank already characterized by some
existing industrial or commercial development, the county must make findings that:
(a) 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; (b) the establishment of the industrial land bank is
important to achieving documented economic development goals, policies, or
plans of the county or state; (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; and (d) 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.
Once
an industrial land bank has been approved, development that qualifies as an
allowed use and that the county determines meets the requirements of
subsections (7) and (8) of this section may be located there.
(7)
Development in an industrial land bank characterized by unique location or
unique physical characteristics must 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;
(c)
Buffers are provided between the ((major)) industrial ((development))
land bank and adjacent nonurban areas;
(d)
Environmental ((protection)) impacts including impacts to
air and water quality ((has)) have been ((addressed and
provided for)) mitigated in accordance with chapter 43.21C and/or 36.70A
RCW;
(e)
Comprehensive plan policies and development regulations are established
to ensure that urban growth will not occur in adjacent nonurban areas;
(f)
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)
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. The major
industrial development may not be for the purpose of retail commercial
development or multitenant office parks)) 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.
(8)
Development in an industrial land bank already characterized by some existing
industrial or commercial development must meet the following:
(a)
Infrastructure is provided for and/or applicable impact fees are paid;
(b)
Transportation impacts are mitigated and traffic demand management programs are
implemented;
(c)
Buffers are provided between the industrial land bank and adjacent nonurban
areas;
(d)
Environmental impacts including impacts to air and water quality have been
mitigated in accordance with chapter 43.21C and/or 36.70A RCW;
(e)
Comprehensive plan policies and development regulations are established to
ensure that urban growth will not occur in adjacent nonurban areas; and
(f) Provision is made to mitigate adverse impacts on designated
agricultural lands, forest lands, and mineral resource lands.
