AN
ACT Relating to establishing a pilot program authorizing designation of
industrial land banks outside urban growth areas under certain circumstances;
and amending RCW 36.70A.367.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.70A.367 and 2001 c 326 s 1 are each amended to read as follows:
(1)
In addition to the major industrial development allowed under RCW 36.70A.365, a
county ((required or choosing to plan)) planning under RCW
36.70A.040 that meets the criteria in subsection (9) or (10) of this section
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 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:
(a)
New infrastructure is provided for and/or applicable impact fees are paid;
(b)
Transit-oriented site planning and traffic demand management programs are
implemented;
(c)
Buffers are provided between the major industrial development and adjacent
nonurban areas;
(d)
Environmental protection including air and water quality has been addressed and
provided for;
(e)
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;
(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;
(i)
An interlocal agreement related to infrastructure cost sharing and revenue
sharing between the county and interested cities are established;
(j)
Provisions are established for determining the availability of alternate sites
within urban growth areas and the long-term annexation feasibility of land
sites outside of urban growth areas; and
(k)
Development regulations require the industrial land bank site to be used
primarily for locating industrial and manufacturing businesses and specify that
the gross floor area of all commercial and service buildings or facilities
locating within the industrial land bank shall not exceed ten percent of the
total gross floor area of buildings or facilities in the industrial land bank.
The commercial and service businesses operated within the ten percent gross
floor area limit shall be necessary to the primary industrial or manufacturing
businesses within the industrial land bank. The intent of this provision for
commercial or service use is to meet the needs of employees, clients,
customers, vendors, and others having business at the industrial site and as an
adjunct to the industry to attract and retain a quality work force and to
further other public objectives, such as trip reduction. Such uses would not
be promoted to attract additional clientele from the surrounding area. The
commercial and service businesses should be established concurrently with or
subsequent to the industrial or manufacturing businesses.
(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)(a)
The authority of a county meeting the criteria of subsection (9) of this
section to engage in the process of including or excluding master planned
locations from the urban industrial land bank shall terminate on December 31,
((1999)) 2007. However, any location included in the urban
industrial land bank on or before December 31, ((1999)) 2007,
shall be available for major industrial development as long as the criteria of
subsection (2) of this section are met. A county that has established or
proposes to establish an industrial land bank pursuant to this section shall
review the need for an industrial land bank within the county, including a
review of the availability of land for industrial and manufacturing uses within
the urban growth area, during the review and evaluation of comprehensive plans
and development regulations required by RCW 36.70A.130.
(b)
The authority of a county meeting the criteria of subsection (10) of this
section to engage in the process of including or excluding master planned
locations from the urban industrial land bank terminates on December 31, 2002.
However, any location included in the urban industrial land bank on December
31, 2002, shall be available for major industrial development as long as the
criteria of subsection (2) of this section are 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.
(9)
This section and the termination date specified in subsection (7)(a) of this
section apply to a county that at the time the process is established under
subsection (1) of this section:
(a)
Has a population greater than two hundred fifty thousand and is part of a
metropolitan area that includes a city in another state with a population
greater than two hundred fifty thousand;
(b)
Has a population greater than one hundred forty thousand and is adjacent to
another country; ((or))
(c)
Has a population greater than forty thousand but less than seventy-five
thousand and has an average level of unemployment for the preceding three years
that exceeds the average state unemployment for those years by twenty percent;
and
(i)
Is bordered by the Pacific Ocean; ((or))
(ii)
Is located in the Interstate 5 or Interstate 90 corridor; or
(iii)
Is bordered by Hood Canal;
(d)
Is east of the Cascade divide; and
(i)
Borders another state to the south; or
(ii)
Is located wholly south of Interstate 90 and borders the Columbia river to the
east; or
(e)
Has an average level of unemployment for the preceding three years that exceeds
the average state unemployment for those years by twenty percent, and is bordered
by the Pacific Ocean and by Hood Canal.
(10)
This section and the termination date specified in subsection (7)(b) of this
section apply to a county that at the time the process is established under
subsection (1) of this section:
(a)
Has a population greater than forty thousand but fewer than eighty thousand;
(b)
Has an average level of unemployment for the preceding three years that exceeds
the average state unemployment for those years by twenty percent; and
(c)
Is located in the Interstate 5 or Interstate 90 corridor.
(11)
Any location included in an industrial land bank pursuant to section 2, chapter
289, Laws of 1998, section 1, chapter 402, Laws of 1997, and section 2, chapter
167, Laws of 1996 shall remain available for major industrial development
according to this section as long as the criteria of subsection (2) of this
section continue to be satisfied.
