72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3585
 
                         House Bill 3626
 
Sponsored by Representatives ACKERMAN, ZAUNER; Representative
  GARRARD, Senators ATKINSON, CLARNO, NELSON
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies criteria for siting destination resort.
 
                        A BILL FOR AN ACT
Relating to destination resort siting; amending ORS 197.445.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.445 is amended to read:
  197.445. A destination resort is a self-contained development
that provides for visitor-oriented accommodations and developed
recreational facilities in a setting with high natural amenities.
To qualify as a destination resort under ORS 30.947, 197.435 to
197.467, 215.213, 215.283 and 215.284, a proposed development
shall meet the following standards:
  (1) The resort shall be located on a site of   { - 160 acres or
more except within two miles of the ocean shoreline where the
site shall be - }  40 acres or more.
  (2) At least 50 percent of the site shall be dedicated to
permanent open space, excluding streets and parking areas.
  (3) At least $7 million shall be spent on improvements for
on-site developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land, sewer and water
facilities and roads. Not less than one-third of this amount
shall be spent on developed recreational facilities.
  (4) Visitor-oriented accommodations including meeting rooms,
restaurants with seating for 100 persons and 150 separate
rentable units for overnight lodging shall be provided. However,
the rentable units may be phased in as follows:
  (a) A total of 150 units of overnight lodging shall be provided
as follows:
  (A) At least 75 units of overnight lodging, not including any
individually owned homes, lots or units, shall be constructed or
guaranteed through surety bonding or equivalent financial
assurance prior to the closure of sale of individual lots or
units.
  (B) The remainder shall be provided as individually owned lots
or units subject to deed restrictions that limit their use to use
as overnight lodging units. The deed restrictions may be
rescinded when the resort has constructed 150 units of permanent
overnight lodging as required by this subsection.
 
 
  (b) The number of units approved for residential sale shall not
be more than two units for each unit of permanent overnight
lodging provided under paragraph (a)(A) of this subsection.
  (c) The development approval shall provide for the construction
of other required overnight lodging units within five years of
the initial lot sales.
  (5) Commercial uses allowed are limited to types and levels of
use necessary to meet the needs of visitors to the development.
Industrial uses of any kind are not permitted.
  (6) In lieu of the standards in subsections (1), (3) and (4) of
this section, the standards set forth in subsection (7) of this
section apply to a destination resort:
  (a) On land that is not defined as agricultural or forest land
under any statewide planning goal;
  (b) On land where there has been an exception to any statewide
planning goal on agricultural lands, forestlands, public
facilities and services and urbanization; or
  (c) On such secondary lands as the Land Conservation and
Development Commission deems appropriate.
  (7) The following standards apply to the provisions of
subsection (6) of this section:
  (a) The resort shall be located on a site of 20 acres or more.
  (b) At least $2 million shall be spent on improvements for
on-site developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land, sewer and water
facilities and roads. Not less than one-third of this amount
shall be spent on developed recreational facilities.
  (c) At least 25 units, but not more than 75 units, of overnight
lodging shall be provided.
  (d) Restaurant and meeting room with at least one seat for each
unit of overnight lodging shall be provided.
  (e) Residential uses shall be limited to those necessary for
the staff and management of the resort.
  (f) The county governing body or its designate has reviewed the
resort proposed under this subsection and has determined that the
primary purpose of the resort is to provide lodging and other
services oriented to a recreational resource which can only
reasonably be enjoyed in a rural area. Such recreational
resources include, but are not limited to, a hot spring, a ski
slope or a fishing stream.
  (g) The resort shall be constructed and located so that it is
not designed to attract highway traffic. Resorts shall not use
any manner of outdoor advertising signing except:
  (A) Tourist oriented directional signs as provided in ORS
377.715 to 377.830; and
  (B) On-site identification and directional signs.
  (8) Spending required under subsections (3) and (7) of this
section is stated in 1993 dollars. The spending required shall be
adjusted to the year in which calculations are made in accordance
with the United States Consumer Price Index.
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