_______________________________________________
ENGROSSED
SUBSTITUTE HOUSE BILL 2596
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 01/28/98. Referred to Committee on .
Clarifying that master planned resorts may obtain
facilities, utilities, and services from outside service providers.
AN
ACT Relating to master planned resorts; amending RCW 36.70A.360; and creating a
new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
primary intent of this act is to give effect to recommendations by the 1994
department of community, trade, and economic development's master planned
resort task force by clarifying that master planned resorts may make use of
capital facilities, utilities, and services provided by outside service
providers, and may enter into agreements for shared facilities with such
providers, when all costs directly attributable to the resort, including
capacity increases, are fully borne by the resort.
Sec.
2. RCW
36.70A.360 and 1991 sp.s. c 32 s 17 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.
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 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:
(((1)))
(a) The comprehensive plan specifically identifies policies to guide the
development of master planned resorts;
(((2)))
(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;
(((3)))
(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;
(((4)))
(d) The county ensures that the resort plan is consistent with the
development regulations established for critical areas; and
(((5)))
(e) On-site and off-site infrastructure and service impacts are
fully considered and mitigated.
