BILL REQ. #: S-3862.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/19/10. Referred to Committee on Transportation.
AN ACT Relating to land uses adjacent to general aviation airports; amending RCW 36.70.547, 36.70.330, and 36.70A.070; and adding a new section to chapter 36.70A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70.547 and 1996 c 239 s 2 are each amended to read
as follows:
Every county, city, and town in which there is located a general
aviation airport that is operated for the benefit of the general
public, whether publicly owned or privately owned public use, shall,
through its comprehensive plan and development regulations,
((discourage)) prohibit the siting of incompatible uses adjacent to
such general aviation airport. Incompatible uses include, but are not
limited to, housing, K-12 education facilities, and hospitals. Such
plans and regulations may only be adopted or amended after formal
consultation with: Airport owners and managers, private airport
operators, general aviation pilots, ports, and the aviation division of
the department of transportation. The aviation division of the
department of transportation shall develop guidelines by rule under
chapter 34.05 RCW setting forth a consultation process to assist
counties and cities to identify land uses that may be incompatible with
airports and aircraft operations to encourage and facilitate the
adoption and implementation of comprehensive plan policies and
development regulations consistent with this section. The guidelines
must recognize regional and airport differences and assist counties and
cities to identify best management practices and strategies to prohibit
incompatible land uses adjacent to airports. All proposed plan and
regulation amendments should be submitted to the aviation division of
the department of transportation for early review and comment, in which
the aviation division has thirty days to respond. All proposed and
adopted plans and regulations ((shall)) must be filed with the aviation
division of the department of transportation within a reasonable time
after release for public consideration and comment. Each county, city,
and town may obtain technical assistance from the aviation division of
the department of transportation to develop plans and regulations
consistent with this section.
Any additions or amendments to comprehensive plans or development
regulations required by this section may be adopted during the normal
course of land-use proceedings.
This section applies to every county, city, and town, whether
operating under chapter 35.63, 35A.63, 36.70, (([or])) or 36.70A RCW,
or under a charter.
NEW SECTION. Sec. 2 A new section is added to chapter 36.70A RCW
to read as follows:
Every county and city that is planning under RCW 36.70A.040 in
which there is located a general aviation airport, whether publicly
owned or privately owned public use, or whose jurisdictional boundaries
include land located in the airport influence area of a general
aviation airport as defined by the aviation division of the department
of transportation, shall, through its comprehensive plan and
development regulations, prohibit the siting of incompatible uses
adjacent to such general aviation airport. Incompatible uses include,
but are not limited to, housing, K-12 education facilities, and
hospitals. Such plans and regulations may only be adopted or amended
after formal consultation with: Airport owners and managers; private
airport operators; general aviation pilots; ports; and the aviation
division of the department of transportation, within a reasonable time
after release for public consideration and comment. Counties and
cities are encouraged to obtain technical assistance from the aviation
division of the department of transportation to develop plans and
regulations consistent with this section.
Sec. 3 RCW 36.70.330 and 1985 c 126 s 3 are each amended to read
as follows:
The comprehensive plan shall consist of a map or maps, and
descriptive text covering objectives, principles and standards used to
develop it, and shall include each of the following elements:
(1) A land use element which designates the proposed general
distribution and general location and extent of the uses of land for
agriculture, housing, commerce, industry, recreation, education, public
buildings and lands, ((and)) other categories of public and private use
of land, ((including)) and pursuant to RCW 36.70.547 uses that would be
compatible and incompatible when located in the airport influence area
of a general aviation airport. The land use element shall also include
a statement of the standards of population density and building
intensity recommended for the various areas in the jurisdiction and
estimates of future population growth in the area covered by the
comprehensive plan, all correlated with the land use element of the
comprehensive plan. The land use element shall also provide for
protection of the quality and quantity of groundwater used for public
water supplies and shall review drainage, flooding, and storm water
run-off in the area and nearby jurisdictions and provide guidance for
corrective actions to mitigate or cleanse those discharges that pollute
Puget Sound or waters entering Puget Sound;
(2) A circulation element consisting of the general location,
alignment and extent of major thoroughfares, major transportation
routes, trunk utility lines, and major terminal facilities, all of
which shall be correlated with the land use element of the
comprehensive plan;
(3) Any supporting maps, diagrams, charts, descriptive material and
reports necessary to explain and supplement the above elements.
Sec. 4 RCW 36.70A.070 and 2005 c 360 s 2 are each amended to read
as follows:
The comprehensive plan of a county or city that is required or
chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
and descriptive text covering objectives, principles, and standards
used to develop the comprehensive plan. The plan shall be an
internally consistent document and all elements shall be consistent
with the future land use map. A comprehensive plan shall be adopted
and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or design for
each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of land, where
appropriate, for agriculture, timber production, housing, commerce,
industry, recreation, open spaces, general aviation airports, public
utilities, public facilities, ((and)) other land uses, and pursuant to
RCW 36.70A.510 uses that would be compatible and incompatible when
located in the airport influence area of a general aviation airport.
The land use element shall include population densities, building
intensities, and estimates of future population growth. The land use
element shall provide for protection of the quality and quantity of
groundwater used for public water supplies. Wherever possible, the
land use element should consider utilizing urban planning approaches
that promote physical activity. Where applicable, the land use element
shall review drainage, flooding, and storm water run-off in the area
and nearby jurisdictions and provide guidance for corrective actions to
mitigate or cleanse those discharges that pollute waters of the state,
including Puget Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of
established residential neighborhoods that: (a) Includes an inventory
and analysis of existing and projected housing needs that identifies
the number of housing units necessary to manage projected growth; (b)
includes a statement of goals, policies, objectives, and mandatory
provisions for the preservation, improvement, and development of
housing, including single-family residences; (c) identifies sufficient
land for housing, including, but not limited to, government-assisted
housing, housing for low-income families, manufactured housing,
multifamily housing, and group homes and foster care facilities; and
(d) makes adequate provisions for existing and projected needs of all
economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public entities,
showing the locations and capacities of the capital facilities; (b) a
forecast of the future needs for such capital facilities; (c) the
proposed locations and capacities of expanded or new capital
facilities; (d) at least a six-year plan that will finance such capital
facilities within projected funding capacities and clearly identifies
sources of public money for such purposes; and (e) a requirement to
reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital
facilities plan element, and financing plan within the capital
facilities plan element are coordinated and consistent. Park and
recreation facilities shall be included in the capital facilities plan
element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed utilities,
including, but not limited to, electrical lines, telecommunication
lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth, agriculture,
forest, or mineral resources. The following provisions shall apply to
the rural element:
(a) Growth management act goals and local circumstances. Because
circumstances vary from county to county, in establishing patterns of
rural densities and uses, a county may consider local circumstances,
but shall develop a written record explaining how the rural element
harmonizes the planning goals in RCW 36.70A.020 and meets the
requirements of this chapter.
(b) Rural development. The rural element shall permit rural
development, forestry, and agriculture in rural areas. The rural
element shall provide for a variety of rural densities, uses, essential
public facilities, and rural governmental services needed to serve the
permitted densities and uses. To achieve a variety of rural densities
and uses, counties may provide for clustering, density transfer, design
guidelines, conservation easements, and other innovative techniques
that will accommodate appropriate rural densities and uses that are not
characterized by urban growth and that are consistent with rural
character.
(c) Measures governing rural development. The rural element shall
include measures that apply to rural development and protect the rural
character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the
surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land
into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and
surface water and groundwater resources; and
(v) Protecting against conflicts with the use of agricultural,
forest, and mineral resource lands designated under RCW 36.70A.170.
(d) Limited areas of more intensive rural development. Subject to
the requirements of this subsection and except as otherwise
specifically provided in this subsection (5)(d), the rural element may
allow for limited areas of more intensive rural development, including
necessary public facilities and public services to serve the limited
area as follows:
(i) Rural development consisting of the infill, development, or
redevelopment of existing commercial, industrial, residential, or
mixed-use areas, whether characterized as shoreline development,
villages, hamlets, rural activity centers, or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or mixed-use
area shall be subject to the requirements of (d)(iv) of this
subsection, but shall not be subject to the requirements of (c)(ii) and
(iii) of this subsection.
(B) Any development or redevelopment other than an industrial area
or an industrial use within a mixed-use area or an industrial area
under this subsection (5)(d)(i) must be principally designed to serve
the existing and projected rural population.
(C) Any development or redevelopment in terms of building size,
scale, use, or intensity shall be consistent with the character of the
existing areas. Development and redevelopment may include changes in
use from vacant land or a previously existing use so long as the new
use conforms to the requirements of this subsection (5);
(ii) The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including
commercial facilities to serve those recreational or tourist uses, that
rely on a rural location and setting, but that do not include new
residential development. A small-scale recreation or tourist use is
not required to be principally designed to serve the existing and
projected rural population. Public services and public facilities
shall be limited to those necessary to serve the recreation or tourist
use and shall be provided in a manner that does not permit low-density
sprawl;
(iii) The intensification of development on lots containing
isolated nonresidential uses or new development of isolated cottage
industries and isolated small-scale businesses that are not principally
designed to serve the existing and projected rural population and
nonresidential uses, but do provide job opportunities for rural
residents. Rural counties may allow the expansion of small-scale
businesses as long as those small-scale businesses conform with the
rural character of the area as defined by the local government
according to RCW 36.70A.030(((14))) (15). Rural counties may also
allow new small-scale businesses to utilize a site previously occupied
by an existing business as long as the new small-scale business
conforms to the rural character of the area as defined by the local
government according to RCW 36.70A.030(((14))) (15). Public services
and public facilities shall be limited to those necessary to serve the
isolated nonresidential use and shall be provided in a manner that does
not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the
existing areas or uses of more intensive rural development, as
appropriate, authorized under this subsection. Lands included in such
existing areas or uses shall not extend beyond the logical outer
boundary of the existing area or use, thereby allowing a new pattern of
low-density sprawl. Existing areas are those that are clearly
identifiable and contained and where there is a logical boundary
delineated predominately by the built environment, but that may also
include undeveloped lands if limited as provided in this subsection.
The county shall establish the logical outer boundary of an area of
more intensive rural development. In establishing the logical outer
boundary the county shall address (A) the need to preserve the
character of existing natural neighborhoods and communities, (B)
physical boundaries such as bodies of water, streets and highways, and
land forms and contours, (C) the prevention of abnormally irregular
boundaries, and (D) the ability to provide public facilities and public
services in a manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing area or
existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required to
plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW
36.70A.040(2), in a county that is planning under all of the provisions
of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies the
county's population as provided in RCW 36.70A.040(5), in a county that
is planning under all of the provisions of this chapter pursuant to RCW
36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to permit
in the rural area a major industrial development or a master planned
resort unless otherwise specifically permitted under RCW 36.70A.360 and
36.70A.365.
(6) A transportation element that implements, and is consistent
with, the land use element.
(a) The transportation element shall include the following
subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation
facilities resulting from land use assumptions to assist the department
of transportation in monitoring the performance of state facilities, to
plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general
aviation airport facilities, to define existing capital facilities and
travel levels as a basis for future planning. This inventory must
include state-owned transportation facilities within the city or
county's jurisdictional boundaries;
(B) Level of service standards for all locally owned arterials and
transit routes to serve as a gauge to judge performance of the system.
These standards should be regionally coordinated;
(C) For state-owned transportation facilities, level of service
standards for highways, as prescribed in chapters 47.06 and 47.80 RCW,
to gauge the performance of the system. The purposes of reflecting
level of service standards for state highways in the local
comprehensive plan are to monitor the performance of the system, to
evaluate improvement strategies, and to facilitate coordination between
the county's or city's six-year street, road, or transit program and
the ((department of transportation's six-year)) office of financial
management's ten-year investment program. The concurrency requirements
of (b) of this subsection do not apply to transportation facilities and
services of statewide significance except for counties consisting of
islands whose only connection to the mainland are state highways or
ferry routes. In these island counties, state highways and ferry route
capacity must be a factor in meeting the concurrency requirements in
(b) of this subsection;
(D) Specific actions and requirements for bringing into compliance
locally owned transportation facilities or services that are below an
established level of service standard;
(E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location, timing,
and capacity needs of future growth;
(F) Identification of state and local system needs to meet current
and future demands. Identified needs on state-owned transportation
facilities must be consistent with the statewide multimodal
transportation plan required under chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs against
probable funding resources;
(B) A multiyear financing plan based on the needs identified in the
comprehensive plan, the appropriate parts of which shall serve as the
basis for the six-year street, road, or transit program required by RCW
35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795
for public transportation systems. The multiyear financing plan should
be coordinated with the ((six-year improvement)) ten-year investment
program developed by the ((department of transportation)) office of
financial management as required by RCW 47.05.030;
(C) If probable funding falls short of meeting identified needs, a
discussion of how additional funding will be raised, or how land use
assumptions will be reassessed to ensure that level of service
standards will be met;
(v) Intergovernmental coordination efforts, including an assessment
of the impacts of the transportation plan and land use assumptions on
the transportation systems of adjacent jurisdictions;
(vi) Demand-management strategies;
(vii) Pedestrian and bicycle component to include collaborative
efforts to identify and designate planned improvements for pedestrian
and bicycle facilities and corridors that address and encourage
enhanced community access and promote healthy lifestyles.
(b) After adoption of the comprehensive plan by jurisdictions
required to plan or who choose to plan under RCW 36.70A.040, local
jurisdictions must adopt and enforce ordinances which prohibit
development approval if the development causes the level of service on
a locally owned transportation facility to decline below the standards
adopted in the transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate the impacts of
development are made concurrent with the development. These strategies
may include increased public transportation service, ride sharing
programs, demand management, and other transportation systems
management strategies. For the purposes of this subsection (6)
"concurrent with the development" shall mean that improvements or
strategies are in place at the time of development, or that a financial
commitment is in place to complete the improvements or strategies
within six years.
(c) The transportation element described in this subsection (6),
((and)) the six-year plans required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public transportation
systems, and the ten-year investment program required by RCW 47.05.030
for the state, must be consistent.
(7) An economic development element establishing local goals,
policies, objectives, and provisions for economic growth and vitality
and a high quality of life. The element shall include: (a) A summary
of the local economy such as population, employment, payroll, sectors,
businesses, sales, and other information as appropriate; (b) a summary
of the strengths and weaknesses of the local economy defined as the
commercial and industrial sectors and supporting factors such as land
use, transportation, utilities, education, workforce, housing, and
natural/cultural resources; and (c) an identification of policies,
programs, and projects to foster economic growth and development and to
address future needs. A city that has chosen to be a residential
community is exempt from the economic development element requirement
of this subsection.
(8) A park and recreation element that implements, and is
consistent with, the capital facilities plan element as it relates to
park and recreation facilities. The element shall include: (a)
Estimates of park and recreation demand for at least a ten-year period;
(b) an evaluation of facilities and service needs; and (c) an
evaluation of intergovernmental coordination opportunities to provide
regional approaches for meeting park and recreational demand.
(9) It is the intent that new or amended elements required after
January 1, 2002, be adopted concurrent with the scheduled update
provided in RCW 36.70A.130. Requirements to incorporate any such new
or amended elements shall be null and void until funds sufficient to
cover applicable local government costs are appropriated and
distributed by the state at least two years before local government
must update comprehensive plans as required in RCW 36.70A.130.