BILL REQ. #:  H-0897.2 

Read first time 01/25/2007.   Referred to Committee on Local Government.

     AN ACT Relating to clarifying criteria for more intensive development outside of urban growth areas; and amending RCW 36.70A.350 and 36.70A.360.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 36.70A.350 and 1991 sp.s. c 32 s 16 are each amended to read as follows:
     A county required or choosing to plan under RCW 36.70A.040 may establish a process as part of its urban growth areas, that are designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located outside of the initially designated urban growth areas.
     (1) A new fully contained community may be approved in a county planning under this chapter if criteria, including but not limited to the following, are met:
     (a) New infrastructure is provided for and impact fees are established consistent with the requirements of RCW 82.02.050;
     (b) Transit-oriented site planning and traffic demand management programs are implemented and given priority over plans to accommodate single occupant vehicles;
     (c) Buffers are provided between the new fully contained communities and adjacent urban development;
     (d) The new fully contained community will not encourage further urban development of intervening rural areas or natural resource lands designated under RCW 36.70A.170 that are located between the fully contained community and urban growth areas or other urban development. In determining whether the new fully contained community will encourage further urban development under this subsection (1)(d), the county must consider:
     (i) The size of the rural area;
     (ii) The potential for impacts on rural areas and resource lands;
     (iii) The potential long-term impacts on rural areas and resource lands resulting from providing urban governmental services to and within the fully contained community;
     (iv) Whether regional transportation corridors in relation to the fully contained community will encourage commuting rather than providing employment and services within the fully contained community; and
     (v) The proximity and relationship of the new fully contained community to other urban growth areas;
     (e) A mix of uses, including an employment center and a commercial center, is provided to offer jobs, housing, and services to the residents of the new community, and to achieve a balance between jobs and housing. If approved, the fully contained community must include a plan to assure that employment opportunities and services are made available concurrently with the construction of new housing;
     (((e))) (f) Affordable housing is provided within the new community for a broad range of income levels. The new community must make its regional fair share of housing available to low and moderate income households and comply with affordability targets adopted in the county's comprehensive plan;
     (((f))) (g) Environmental protection has been addressed and provided for, including full compliance with the requirements of this chapter pertaining to critical areas;
     (((g))) (h) Development regulations are established to ensure urban growth will not occur in adjacent and nearby nonurban areas. These regulations must also require the developer of the new fully contained community to purchase development rights from adjacent and nearby nonurban areas to assure that these areas are protected in perpetuity from urban development;
     (((h))) (i) Provision is made to ((mitigate)) assure that no impacts result from the approval of the fully contained community on designated agricultural lands, forest lands, and mineral resource lands;
     (((i))) (j) The plan for the new fully contained community is consistent with the development regulations established for the protection of critical areas by the county pursuant to RCW 36.70A.170.
     (2) Criteria developed by a county to comply with requirements of subsection (1) of this section must be reviewed and approved by the department.
     (3) New fully contained communities may be approved outside established urban growth areas only if a county reserves a portion of the twenty-year population projection and offsets the urban growth area accordingly for allocation to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a new community reserve shall do so no more often than once every five years as a part of the designation or review of urban growth areas required by this chapter. The new community reserve shall be allocated on a project-by-project basis, only after specific project approval procedures have been adopted pursuant to this chapter as a development regulation. When a new community reserve is established, urban growth areas designated pursuant to this chapter shall accommodate the unreserved portion of the twenty-year population projection.
     (4) Final approval of an application for a new fully contained community shall be considered an adopted amendment to the comprehensive plan prepared pursuant to RCW 36.70A.070 designating the new fully contained community as an urban growth area.

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 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.
     (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 facilities, utilities, and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that 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 such facilities and utilities serve only the master planned resort or urban growth areas. Any extensions of sewer or water services from an urban growth area to the resort must be completed in a manner that assures that these services are not made available for the development of intervening rural areas or natural resource lands designated under RCW 36.70A.170.
     Nothing in this subsection 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) A master planned resort may ((include other)) allow up to ten percent of the residential uses within its boundaries to be used for long-term or full-time occupancy, 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)) adopts and implements policies to guide the development of master planned resorts;
     (b) The comprehensive plan and development regulations include restrictions that: (i) Preclude new urban ((or)) and suburban land uses in the vicinity of the master planned resort, except in areas ((otherwise)) previously designated for urban growth under RCW 36.70A.110; and (ii) establish a transferable development rights program to assure that nearby rural areas are protected in perpetuity from urban development;
     (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 incorporates measures into its comprehensive plan and development regulations to ensure that the master planned resort does not interfere with the continued use of nearby forest lands or agricultural lands designated under RCW 36.70A.170;
     (e) The county ensures that the resort plan is consistent with the development regulations established for critical areas; and
     (((e))) (f) On-site and off-site infrastructure and service impacts are fully considered and mitigated.
     (5) Counties may not authorize master planned resorts within the following areas:
     (a) Within twenty-four air miles of an urban growth boundary with an existing population of one hundred thousand or more unless residential uses are limited to those necessary for the staff and management of the resort;
     (b) On a site with fifty or more contiguous acres of unique or prime farmland identified and mapped by the United States natural resources conservation service or its predecessor agency;
     (c) In the Columbia river gorge national scenic area as defined by the Columbia river gorge national scenic act, P.L. 99-663; or
     (d) In forested areas with high potential for catastrophic wildfires, as determined by the department of natural resources.
     (6) For the purposes of this section, the following definitions apply:
     (a) "A setting of significant natural amenities" means features formed through nature's actions that attract the public for recreational activities including, but not limited to, ocean beaches, natural lakes, rivers, mountains, deserts, and wetlands; and
     (b) "Self contained" means recreational development that can supply the daily needs of those who visit the development for recreation, food, accommodations, and entertainment.