H-1254.1
_______________________________________________
HOUSE BILL 1803
_______________________________________________
State of Washington
56th Legislature
1999 Regular Session
By Representative Ericksen
Read first time 02/05/1999. Referred to Committee on Local
Government.
AN ACT Relating to making technical revisions
to provisions
affecting master planned resorts; and amending RCW 36.70A.030,
36.70A.360, and 36.70A.362.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70A.030 and 1997
c 429 s 3 are each amended to read
as follows:
Unless the context clearly requires otherwise,
the definitions in
this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan"
means to enact a new
comprehensive land use plan or to update an existing comprehensive
landuse plan.
(2) "Agricultural land" means land primarily
devoted to the
commercial production of horticultural, viticultural, floricultural,
dairy, apiary, vegetable, or animal products or of berries, grain,
hay,
straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(3) "City" means any city or town, including
a code city.
(4) "Comprehensive land use plan," "comprehensive
plan," or "plan"
means a generalized coordinated land use policy statement of the
governing body of a county or city that is adopted pursuant to
thischapter.
(5) "Critical areas" include the following
areas and ecosystems:
(a) Wetlands; (b) areas with a critical recharging effect on aquifers
used for potable water; (c) fish and wildlife habitat conservation
areas; (d) frequently flooded areas; and (e) geologically hazardousareas.
(6) "Department" means the department
of community, trade, and
economic development.
(7) "Development regulations" or "regulation"
means the controls
placed on development or land use activities by a county or city,
including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned
unit
development ordinances, subdivision ordinances, and binding site
plan
ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the decision
may
be expressed in a resolution or ordinance of the legislative body
of
the county or city.
(8) "Forest land" means land primarily
devoted to growing trees for
long-term commercial timber production on land that can be economically
and practically managed for such production, including Christmas
trees
subject to the excise tax imposed under RCW 84.33.100 through
84.33.140, and that has long-term commercial significance.
In
determining whether forest land is primarily devoted to growing
trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, the following
factors shall be considered: (a) The proximity of the land
to urban,
suburban, and rural settlements; (b) surrounding parcel size and
the
compatibility and intensity of adjacent and nearby land uses; (c)
long-
term local economic conditions that affect the ability to manage
for
timber production; and (d) the availability of public facilities
and
services conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas"
means areas that because of
their susceptibility to erosion, sliding, earthquake, or other
geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health
or
safety concerns.
(10) "Long-term commercial significance"
includes the growing
capacity, productivity, and soil composition of the land for long-term
commercial production, in consideration with the land's proximity
to
population areas, and the possibility of more intense uses of the
land.
(11) {+ "Master planned resort" means
a self-contained and fully
integrated planned unit development, in a setting of significant
natural amenities, with primary focus on destination resort facilities
consisting of short-term visitor accommodations associated with
a range
of developed on-site indoor or outdoor recreational facilities.
(12) +} "Minerals" include gravel, sand,
and valuable metallicsubstances.
(({- (12) -})) {+ (13) +} "Public facilities"
include streets,
roads, highways, sidewalks, street and road lighting systems, traffic
signals, domestic water systems, storm and sanitary sewer systems,
parks and recreational facilities, and schools.
(({- (13) -})) {+ (14) +} "Public services"
include fire protection
and suppression, law enforcement, public health, education, recreation,
environmental protection, and other governmental services.
(({- (14) -})) {+ (15) +} "Rural character"
refers to the patterns
of land use and development established by a county in the rural
element of its comprehensive plan:
(a) In which open space, the natural landscape,
and vegetation
predominate over the built environment;
(b) That foster traditional rural lifestyles,
rural-based
economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that
are traditionally found in
rural areas and communities;
(d) That are compatible with the use of
the land by wildlife and
for fish and wildlife habitat;
(e) That reduce the inappropriate conversion
of undeveloped land
into sprawling, low-density development;
(f) That generally do not require the
extension of urban
governmental services; and
(g) That are consistent with the protection
of natural surface
water flows and ground water and surface water recharge and dischargeareas.
(({- (15) -})) {+ (16) +} "Rural development"
refers to development
outside the urban growth area and outside agricultural, forest,
and
mineral resource lands designated pursuant to RCW 36.70A.170.
Rural
development can consist of a variety of uses and residential densities,
including clustered residential development, at levels that are
consistent with the preservation of rural character and the
requirements of the rural element. Rural development does
not refer to
agriculture or forestry activities that may be conducted in ruralareas.
(({- (16) -})) {+ (17) +} "Rural governmental
services" or "rural
services" include those public services and public facilities
historically and typically delivered at an intensity usually found
in
rural areas, and may include domestic water systems, fire and police
protection services, transportation and public transit services,
and
other public utilities associated with rural development and normally
not associated with urban areas. Rural services do not include
storm
or sanitary sewers, except as otherwise authorized by RCW36.70A.110(4).
(({- (17) -})) {+ (18) +} "Urban growth"
refers to growth that
makes intensive use of land for the location of buildings, structures,
and impermeable surfaces to such a degree as to be incompatible
with
the primary use of land for the production of food, other agricultural
products, or fiber, or the extraction of mineral resources, rural
uses,
rural development, and natural resource lands designated pursuant
to
RCW 36.70A.170. A pattern of more intensive rural development,
as
provided in RCW 36.70A.070(5)(d), is not urban growth. When
allowed to
spread over wide areas, urban growth typically requires urban
governmental services. "Characterized by urban growth" refers
to land
having urban growth located on it, or to land located in relationship
to an area with urban growth on it as to be appropriate for urbangrowth.
(({- (18) -})) {+ (19) +} "Urban growth
areas" means those areas
designated by a county pursuant to RCW 36.70A.110.
(({- (19) -})) {+ (20) +} "Urban governmental
services" or "urban
services" include those public services and public facilities at
an
intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, domestic water systems,
street cleaning services, fire and police protection services,
public
transit services, and other public utilities associated with urban
areas and normally not associated with rural areas.
(({- (20) -})) {+ (21) +} "Wetland" or
"wetlands" means areas that
are inundated or saturated by surface water or ground water at
a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted
for life in saturated soil conditions. Wetlands generally
include
swamps, marshes, bogs, and similar areas. Wetlands do not
include
those artificial wetlands intentionally created from nonwetland
sites,
including, but not limited to, irrigation and drainage ditches,
grass-
lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as
a
result of the construction of a road, street, or highway.
Wetlands may
include those artificial wetlands intentionally created from nonwetland
areas created to mitigate conversion of wetlands.
Sec. 2. RCW 36.70A.360 and 1998
c 112 s 2 are each amended to read
as follows: (1) Counties (({- that are
required or choose to plan -})) {+
planning +} under RCW 36.70A.040 may permit master planned resorts{+
,
+} which may constitute urban growth outside (({- of -})) urban
growth
areas as limited by this section(({- . A master planned resort
means
a self-contained and fully integrated planned unit development,
in a
setting of significant natural amenities, with primary focus on
destination resort facilities consisting of short-term visitor
accommodations associated with a range of developed on-site indoor
or
outdoor recreational facilities -})){+ , only if:
(a) The comprehensive plan specifically
identifies policies to
guide the development of master planned resorts;
(b) The comprehensive plan and development
regulations include
restrictions that preclude new urban or suburban land uses in the
vicinity of the master planned resort, except in areas otherwise
designated for urban growth under RCW 36.70A.110;
(c) The county includes a finding as a
part of the approval process
that the land is better suited, and has more long-term importance,
for
the master planned resort than for the commercial harvesting of
timber
or agricultural production, if located on land that otherwise would
be
designated as forest land or agricultural land under RCW 36.70A.170;
(d) The county ensures that the plan for
the master planned resort
is consistent with the development regulations established for
critical
areas; and (e) On-site and off-site infrastructure
and service impacts are
fully considered and mitigated +}.
(2) Capital facilities, utilities, and
services, including those
related to sewer, water, storm water, security, fire suppression,
and
emergency medical, provided on-site shall be limited to meeting
the
needs of the master planned resort.
(({- Such -})) {+ (3) Capital +} facilities,
utilities, and
services may be provided to a master planned resort by outside
service
providers, including municipalities and special purpose districts,
(({-
provided that -})) {+ if the master planned resort bears
+} all costs
associated with service extensions and capacity increases directly
attributable to the master planned resort (({- are fully borne
by the
resort -})). A master planned resort and service providers
may enter
into agreements for shared capital facilities and utilities(({-
,
provided that -})) {+ if +} such facilities and utilities serve
only
the master planned resort or urban growth areas.
{+ (4) +} Nothing in (({- this -})) subsection
{+ (2) or (3) of
this section +} may be construed as: Establishing an order
of priority
for processing applications for water right permits, for granting
such
permits, or for issuing certificates of water right; altering or
authorizing in any manner the alteration of the place of use for
a
water right; or affecting or impairing in any manner whatsoever
an
existing water right.
All waters or the use of waters shall
be regulated and controlled
as provided in chapters 90.03 and 90.44 RCW and not otherwise.
(({- (3) -})) {+ (5) +} A master planned
resort may include other
residential uses within its boundaries(({- , but -})) only if the
residential uses are integrated into and support the on-site
recreational nature of the resort.
(({- (4) A master planned resort may be
authorized by a county onlyif:
(a) The comprehensive plan specifically
identifies policies to
guide the development of master planned resorts;
(b) The comprehensive plan and development
regulations include
restrictions that preclude new urban or suburban land uses in the
vicinity of the master planned resort, except in areas otherwise
designated for urban growth under RCW 36.70A.110;
(c) The county includes a finding as a
part of the approval process
that the land is better suited, and has more long-term importance,
for
the master planned resort than for the commercial harvesting of
timber
or agricultural production, if located on land that otherwise would
be
designated as forest land or agricultural land under RCW 36.70A.170;
(d) The county ensures that the resort
plan is consistent with the
development regulations established for critical areas; and
(e) On-site and off-site infrastructure
and service impacts are
fully considered and mitigated. -}))
Sec. 3. RCW 36.70A.362 and 1997
c 382 s 1 are each amended to read
as follows:
{+ (1) +} Counties (({- that are required
or choose to plan -})) {+
planning +} under RCW 36.70A.040 may include existing resorts as
master
planned resorts{+ , +} which may constitute urban growth outside
(({-
of -})) urban growth areas as limited by this section{+ , only
if:
(a) The comprehensive plan specifically
identifies policies to
guide the development of the existing resort;
(b) The comprehensive plan and development
regulations include
restrictions that preclude new urban or suburban land uses in the
vicinity of the existing resort, except in areas otherwise designated
for urban growth under RCW 36.70A.110 and 36.70A.360(1);
(c) The county includes a finding as a
part of the approval process
that the land is better suited, and has more long-term importance,
for
the existing resort than for the commercial harvesting of timber
or
agricultural production, if located on land that otherwise would
be
designated as forest land or agricultural land under RCW 36.70A.170;
(d) The county finds that the resort plan
is consistent with the
development regulations established for critical areas; and
(e) On-site and off-site infrastructure
impacts are fully
considered and mitigated.
(2) A county may allocate a portion of
its twenty-year population
projection, prepared by the office of financial management, to
the
master planned resort corresponding to the projected number of
permanent residents within the master planned resort +}.
{+ (3) For purposes of this section, a
+}n existing resort means a
resort in existence on July 1, 1990, and developed, in whole or
in
part, as a significantly self-contained and integrated development
that
includes short-term visitor accommodations associated with a range
of
indoor and outdoor recreational facilities within the property
boundaries in a setting of significant natural amenities.
An existing
resort may include other permanent residential uses, conference
facilities, and commercial activities supporting the resort(({-
, but -
})) only if these other uses are integrated into and consistent
with
the on-site recreational nature of the resort.
(({- An existing resort may be authorized
by a county only if:
(1) The comprehensive plan specifically
identifies policies to
guide the development of the existing resort;
(2) The comprehensive plan and development
regulations include
restrictions that preclude new urban or suburban land uses in the
vicinity of the existing resort, except in areas otherwise designated
for urban growth under RCW 36.70A.110 and 36.70A.360(1);
(3) The county includes a finding as a
part of the approval process
that the land is better suited, and has more long-term importance,
for
the existing resort than for the commercial harvesting of timber
or
agricultural production, if located on land that otherwise would
be
designated as forest land or agricultural land under RCW 36.70A.170;
(4) The county finds that the resort plan
is consistent with the
development regulations established for critical areas; and
(5) On-site and off-site infrastructure
impacts are fully
considered and mitigated.
A county may allocate a portion of its
twenty-year population
projection, prepared by the office of financial management, to
the
master planned resort corresponding to the projected number of
permanent residents within the master planned resort. -}))
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