72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 3631
 
LC 3602/HB 3631-A10
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3631
 
                      By COMMITTEE ON RULES
 
                             July 18
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 23 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 4 of this 2003 Act
are added to and made a part of ORS chapter 197. + }
  '  { +  SECTION 2. + }  { + The Legislative Assembly finds:
  ' (1) Portland's Forest Park and other large urban parks
preserve the livability of metropolitan areas for thousands of
Oregonians by providing recreational opportunities and easy
access to nature;
  ' (2) Large parks along the perimeter of urban growth
boundaries play a crucial role in preserving farm and forest
economies by buffering otherwise incompatible uses of urban and
rural lands; and
  ' (3) Local governments with land use planning authority should
exercise that authority in a manner that preserves and enhances
the unique values of large urban parks. + }
  '  { +  SECTION 3. + }  { + As used in sections 2 to 4 of this
2003 Act:
  ' (1) 'Area of influence' means rural land that is within two
miles of a large urban park and that contributes to the natural
and open space values of the large urban park, including wildlife
and riparian corridors.
  ' (2) 'Large urban park' means:
  ' (a) Portland's Forest Park, including the Balch Creek
watershed.
  ' (b) A park containing more than 1,000 acres adjoining an
urban growth boundary. + }
  '  { +  SECTION 4. + }  { + (1) A local government that
exercises land use planning authority for land within or
adjoining a large urban park shall:
  ' (a) Determine precise boundaries of the large urban park and
its area of influence;
  ' (b) Prepare a summary of local, regional or state programs
that apply to the large urban park and its area of influence; and
  ' (c) Ensure that the regional framework plan and applicable
comprehensive plans preserve the natural and open space values of
the large urban park.
  ' (2) In performing the actions required by this section, a
local government shall consult with other appropriate entities
including, but not limited to, members of the public and affected
state or local agencies.
  ' (3) Land identified as an area of influence under sections 2
to 4 of this 2003 Act that is designated for farm or forest use
under an acknowledged comprehensive plan is deemed to comply with
sections 2 to 4 of this 2003 Act.
  ' (4) If a local government changes the comprehensive plan
designation of land identified as an area of influence to a use
other than farm or forest use, the local government shall comply
with sections 2 to 4 of this 2003 Act when making the new
comprehensive plan designation. + }
  '  { +  SECTION 5. + }  { + (1) The governing body of Multnomah
County or its designee shall allow a current owner of a lawfully
created lot or parcel located in the county to partition or
subdivide the lot or parcel under ORS 92.010 to 92.190, provided:
  ' (a) A current owner acquired the land comprising the lot or
parcel prior to January 1, 1955;
  ' (b) The lot or parcel was zoned as of January 1, 2003, as
forestland under a land use planning goal adopted under ORS
197.225 relating to the conservation of forestland;
  ' (c) The lot or parcel is larger than 19 acres and smaller
than 25 acres;
  ' (d) A regional framework plan, comprehensive plan, county
land use regulation, state statute, including a provision of ORS
92.010 to 92.190, administrative rule or land use planning goal
enacted after a current owner acquired the land comprising the
lot or parcel prevents an owner from partitioning or subdividing
the property;
  ' (e) The lot or parcel is two miles or less outside the city
limits of a city with a population of 500,000 or more; and
  ' (f) There was at least one lawfully sited single-family
dwelling on the lot or parcel as of January 1, 2003.
  ' (2) A current owner of a lot or parcel described in
subsection (1) of this section:
  ' (a) May partition or subdivide only one lot or parcel
pursuant to this section;
  ' (b) May build a single-family dwelling on each lot or parcel
created under this section; and
  ' (c) May not create more than six lots or parcels from the
original lot or parcel.
  ' (3) A single-family dwelling authorized under this section
must comply with reasonable siting standards for fire, health and
safety. The governing body of Multnomah County or its designee
may not apply the siting standards in a manner that prohibits the
siting of a dwelling unless the governing body establishes by
clear and convincing evidence that the lot or parcel does not
have emergency access, potable water or adequate capacity to
dispose of sewage.
  ' (4) The governing body of Multnomah County or its designee
may not implement or interpret this section by amending its
comprehensive plan or by adopting or amending a land use
regulation. + }
  '  { +  SECTION 6. + }  { + Sections 2 to 4 of this 2003 Act
apply to amendments to a regional framework plan, a comprehensive
plan or a land use regulation made on or after the effective date
of this 2003 Act. + } ' .
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