Brief Description: Modifying provisions for limited areas of more intensive rural development.

Sponsors: Senate Committee on Land Use & Planning (originally sponsored by Senators T. Sheldon, Haugen, Mulliken, Hale and Rasmussen).

Hearing Date: 2/25/04

Staff: Ethan Moreno (786-7386).

Background:

The Growth Management Act (GMA) establishes a comprehensive land use planning framework for county and city governments in Washington. Counties and cities meeting specific population and growth criteria are required to comply with the major requirements of the GMA. Counties not meeting these criteria may choose to plan under the GMA. Twenty-nine of 39 counties, and the cities within those 29 counties, are required to or have chosen to comply with the major requirements of the GMA (GMA jurisdictions).

Comprehensive Land Use Plans

Among numerous planning requirements, GMA jurisdictions must adopt internally consistent comprehensive land use plans (comprehensive plans), which are generalized, coordinated land use policy statements of the governing body. Each comprehensive plan must include certain elements, including land use, housing, transportation, and rural elements.

The rural element of a comprehensive plan must specify provisions for lands not designated for urban growth, agriculture, forest, or mineral resources. Such provisions include:

•    allowing counties to consider local circumstances when establishing patterns of rural densities and uses;

•    permitting specific development, varieties of densities, uses, essential public facilities, and rural government services;

•    requiring measures governing rural development, including measures to protect an area's rural character; and

•    permitting limited areas of more intensive rural development (LAMIRDs), including necessary public facilities and public services to serve limited areas.

Limited Areas of More Intensive Rural Development

Subject to GMA requirements, counties may permit three types of LAMIRDs providing for the following:

•    rural development - allowing the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas;

•    recreational and tourist uses - allowing intensification of development on lots containing, or new development of, small-scale recreational or tourists uses; and

•    nonresidential/cottage industry - allowing intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses.

Counties authorizing LAMIRDs must adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, including establishing the logical outer boundaries of such areas. Lands included within existing areas or uses must not extend beyond the logical outer boundary of the existing area or use. An "existing area" or "existing use" is one that was in existence according to date and related planning criteria established in the GMA.

Summary of Bill:

Rural Development LAMIRDs

Any development or redevelopment within the first type of limited areas of more intensive rural development (i.e., rural development LAMIRDs) other than an industrial area or an industrial use within a mixed-use or industrial area, must be principally designed to serve the existing and projected rural population. Any redevelopment within this type of LAMIRD must be limited to appropriate scale, size, and intensity, and may include changes in use from vacant land or a previously existing use if the new use conforms to specific rural character requirements defined by local governments according to certain Growth Management Act (GMA) provisions. Additionally, all development and redevelopment within rural development LAMIRDs is subject to specific GMA provisions that require counties to minimize and contain existing areas of more intensive rural development.

Minimizing and Containing Development within LAMIRDs

References to existing uses within the GMA provisions minimizing and containing development within LAMIRDs are removed. Counties authorizing LAMIRDs must adopt measures to minimize and contain the uses or existing areas of more intensive rural development, as appropriate. Lands included within existing areas of more intensive rural development must not extend beyond the logical outer boundary of the existing area. An "existing area" is one that was in existence according to date and related planning criteria established in the GMA.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.