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 3602
 
                         House Bill 3631
 
Sponsored by Representative GARRARD; Representatives ANDERSON,
  BACKLUND, BERGER, BROWN, BUTLER, CLOSE, FARR, FLORES, GALLEGOS,
  GILMAN, JENSON, KITTS, KNOPP, KRIEGER, KROPF, KRUMMEL, KRUSE,
  MABREY, MILLER, MORGAN, PATRIDGE, RICHARDSON, SCOTT, G SMITH, P
  SMITH, T SMITH, WESTLUND, WILLIAMS, ZAUNER, Senators ATKINSON,
  BEYER, CLARNO, FERRIOLI, FISHER, GEORGE, HARPER, MESSERLE,
  MINNIS, MORSE, NELSON, B STARR, C STARR, WINTERS
 
 
                             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.
 
  Designates Forest Park and area of influence around Forest
Park, including wildlife corridors connecting Forest Park to
other areas of wildlife habitat, as area of substantial resource
subject to inventory and protection. Allows certain local
governments to develop management plan for area. Excludes certain
land from inclusion in urban growth boundary.
  Allows current owner of specified land to subdivide or
partition land and to build single-family dwellings on lots or
parcels created. Limits number of lots or parcels allowed to be
created from original lot or parcel.
 
                        A BILL FOR AN ACT
Relating to land use planning for urban areas, including Forest
  Park.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds that Forest Park
plays a unique and important role in the preservation of a
livable environment in the Portland metropolitan area and
provides recreational opportunities for many Oregonians. A city,
county or metropolitan service district with land use planning
responsibilities, through preparation and maintenance of a
comprehensive plan, a regional framework plan and land use
ordinances, that affect Forest Park and the area of influence
around Forest Park may consider the effects of its land use
planning decisions on the proper functioning of Forest Park. + }
  SECTION 2.  { + (1) As used in this section and section 1 of
this 2003 Act, 'area of influence' means the area around Forest
Park, the development of which has a direct and substantial
impact on the character of Forest Park, including the Balch Creek
watershed, wildlife corridors connecting Forest Park to other
substantial areas of wildlife habitat and the area bounded
approximately by the following: Beginning at the corner of NW
Cornell Road and NW Skyline Boulevard; then northerly along NW
Skyline Boulevard to NW Newberry Road; then easterly along NW
Newberry Road to NW St.  Helens Road; then southerly along NW St.
Helens Road to NW Nicolai Street; then easterly along NW Nicolai
Street to NW 30th Avenue; then due south to NW Cornell Road; then
westerly along NW Cornell Road to the point of origin at the
corner of NW Cornell Road and NW Skyline Boulevard.
  (2) The Legislative Assembly hereby designates Forest Park and
the area of influence to be a substantial resource subject to
inventory and protection under a statewide land use planning goal
protecting natural resources and conserving scenic and historic
areas and open spaces.
  (3) The affected city, county or metropolitan service district:
  (a) May determine with particularity the boundaries of the area
of influence;
  (b) May prepare a brief summary of the existing programs and
requirements of state and local agencies applicable to the
designated area;
  (c) May adopt by ordinance requirements for protection or
enhancement of resources in the designated area;
  (d) May develop by ordinance, or as part of the acknowledged
comprehensive plan or regional framework plan, a management plan
for the designated area, including information regarding the
programs and requirements of state and local agencies, if any,
affected by the management plan and ordinances adopted under this
section;
  (e) May establish permissible use limitations for all or part
of the designated area; and
  (f) May designate permissible use standards for all or part of
the land within the designated area or establish standards for
issuance or denial of designated state or local permits
regulating specified uses of lands in the designated area, or
both.
  (4) In performing the actions under subsection (3) of this
section, the city, county or metropolitan service district shall
consult with other appropriate entities including, but not
limited to, affected state and local agencies and members of the
public. + }
  SECTION 3.  { + Notwithstanding the priorities for inclusion of
land in an urban growth boundary in ORS 197.298, land that is
designated as a substantial resource subject to inventory and
protection under a statewide land use planning goal protecting
natural resources and conserving scenic and historic areas and
open spaces under section 2 of this 2003 Act and that is not
included in an urban growth boundary prior to the effective date
of this 2003 Act may not be included in an urban growth boundary
on or after the effective date of this 2003 Act. + }
  SECTION 4.  { + (1) The governing body of Multnomah County or
its designee shall allow the 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) The current owner acquired 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 smaller than 25 acres; and
  (d) A county land use regulation, state statute, administrative
rule or land use planning goal enacted after the current owner
acquired the lot or parcel prevents the owner from partitioning
or subdividing the property.
  (2) The 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 eight 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. + }
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