Chapter 17.20B
MASTER PLANNED MAJOR INDUSTRIAL RECLAIMED SURFACE COAL MINE URBAN GROWTH AREA

Sections:

17.20B.010    Purpose.

17.20B.015    Designation of industrial land bank - Reclaimed surface coal mine sites.

17.20B.020    Permitted uses.

17.20B.025    Master plan approval for major industrial development - Reclaimed surface coal mine sites.

17.20B.030    Criteria for approval.

17.20B.010 Purpose.

The purpose of this chapter is to provide guidelines for the planning and development of urban growth areas in the county which are or may be designated as industrial land banks located on reclaimed surface coal mine sites and are not associated with a city. [Ord. 1269 §11, 2016; Ord. 1219 §1 (Exh. A), 2010]

17.20B.015 Designation of industrial land bank - Reclaimed surface coal mine sites.

Consistent with the requirements of RCW 36.70A.368, a master planned location for major industrial activity outside an urban growth area on lands formerly used or designated for surface coal mining and supporting uses may be designated within Lewis County. The following criteria shall be used in reviewing any application for designation of a master planned reclaimed surface coal mine industrial land bank under this section:

(1) Designation of a master planned reclaimed surface coal mine industrial land bank under this section is not subject to the requirements of RCW 36.70A.130(2) and may be considered at any time.

(2) Any site proposed for designation under RCW 36.70A.368 shall be located on lands:

(a) That were formerly used or designated for surface coal mining and supporting uses;

(b) That consist of an aggregation of land of 1,000 or more acres, which is not required to be contiguous; and

(c) That are suitable for manufacturing, industrial, or commercial businesses.

(3) Provision for new infrastructure may be demonstrated by a plan for extending or otherwise supplying needed infrastructure; actual construction of new infrastructure is not required for designation.

(4) Environmental review shall be at the programmatic level, unless the designation is being reviewed concurrent with a proposed major industrial project development application, in which case environmental review shall be at the project level. [Ord. 1269 §11, 2016; Ord. 1219 §1 (Exh. A), 2010]

17.20B.020 Permitted uses.

(1) A property designated in the comprehensive plan for a major industrial development on a reclaimed surface coal mine may only be used for the purposes listed in RCW 36.70A.368.

(2) Specific permitted uses on the property shall be detailed through the master plan process described below. Permitted uses, standards, and procedures for approval are set out in the applicable provisions of LCC Title 16 and this title. [Ord. 1269 §11, 2016; Ord. 1219 §1 (Exh. A), 2010]

17.20B.025 Master plan approval for major industrial development - Reclaimed surface coal mine sites.

(1) This section applies to specific projects proposed within sites designated pursuant to RCW 36.70A.368 and LCC 17.20B.015, Designation of industrial land bank - Reclaimed surface coal mine sites.

(2) Application for the development of a major industrial reclaimed surface coal mine master plan shall be processed as a Type III binding site plan application. The application must be signed by the owners of at least 50 percent of the property subject to the master plan.

(3) Environmental review shall be noticed and processed in accordance with Chapter 17.110 LCC. An open record appeals hearing before the hearing examiner arising from such environmental review shall be consolidated with the public review process described above. Public participation in subsequent appeals shall be limited to the parties and issues to the appeal, in accordance with Chapter 17.110 LCC.

(4) Except for permits and approvals to be issued by agencies other than the county, final approval of a master plan under this section authorizes the application for building permits, subject to the terms and conditions of master plan approval.

(5) Phasing of development, expansion, and future use of land shall be addressed as follows:

(a) The county recognizes that economic and other considerations may necessitate the phasing of a major industrial development. Project phasing may occur in accordance with the standards for land divisions in LCC 17.05.140.

(b) Expansion or amendment of the major industrial development beyond the boundaries of the designated area shall require approval as described above.

(c) Future use of the site is determined and bound by the original application and/or development agreement. No other use is allowed without an amendment of the approved master plan. [Ord. 1269 §11, 2016; Ord. 1219 §1 (Exh. A), 2010]

17.20B.030 Criteria for approval.

In addition to any other findings required by law, the hearing examiner shall make written findings for specific projects proposed within sites designated pursuant to RCW 36.70A.368 and this chapter pertaining to the following:

(1) The site must consist of 1,000 or more acres of land formerly used or designated for surface coal mining and supporting uses that has been or will be reclaimed as land suitable for industrial development;

(2) New infrastructure including transportation, wastewater disposal, water service, school, fire and public safety must be capable of meeting demand generated by the planned industrial development;

(3) The master plan shall identify buffers to separate the master planned industrial development from incompatible but lawful rural areas, if any;

(4) Environmental review must be conducted as required in Chapter 17.110 LCC and Chapter 43.21C RCW. Environmental review may be processed as a planned action as long as it meets the provisions of RCW 43.21C.031 and the county has adopted a planned action ordinance;

(5) The master plan shall be consistent with county regulations established for the protection of critical areas;

(6) The water and wastewater facilities developed for the industrial park shall not be used or available outside of the boundaries of the designated master planned industrial development to assure that the new development will not encourage urban growth outside the boundaries of an approved urban growth area;

(7) Facilities, including water and wastewater utilities, may be provided to the master planned development by outside service providers, including municipalities and special purpose districts;

(8) Urban growth will not occur in adjacent nonurban areas;

(9) The plan is consistent with the following permitted uses:

(a) Industrial;

(b) Manufacturing;

(c) Commercial; provided, that commercial uses are directly related to manufacturing or industrial uses. Commercial uses shall not exceed 10 percent of the total gross floor area of buildings and facilities;

(d) Resource related, including resource uses defined in Chapter 17.30 LCC and renewable resources as provided in RCW 19.280.020; and

(e) Uses not specifically listed above may be approved, so long as the use is consistent with the applicable standards or criteria in RCW 36.70A.368, the Lewis County Code, and the Lewis County comprehensive plan;

(10) Significant adverse impacts of development within designated master planned industrial developments shall be mitigated. [Ord. 1269 §11, 2016; Ord. 1219 §1 (Exh. A), 2010. Formerly 17.20B.050]