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 land use 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 this chapter.
(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 hazardous areas.
(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 metallic substances.
(((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 discharge areas.
(((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 rural
areas.
(((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 RCW 36.70A.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 urban growth.
(((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 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 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, an 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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