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 3720
 
                           A-Engrossed
 
                         Senate Bill 911
                  Ordered by the Senate July 22
            including Senate Amendments dated July 22
 
Sponsored by Senator CLARNO
 
 
                             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.
 
  Modifies definition of overnight lodgings included in
destination resort. Modifies phase-in criteria for overnight
lodging.
    { - Authorizes siting of long term care facilities in
destination resort. - }
   { +  Requires resort developer to provide annual accounting
documenting compliance with overnight lodging standards. + }
 
                        A BILL FOR AN ACT
Relating to destination resorts; amending ORS 197.435, 197.445
  and 197.455.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.435 is amended to read:
  197.435. As used in ORS 197.435 to 197.467:
  (1) 'Developed recreational facilities' means improvements
constructed for the purpose of recreation and may include but are
not limited to golf courses, tennis courts, swimming pools,
marinas, ski runs and bicycle paths.
  (2) 'High value crop area' means an area in which there is a
concentration of commercial farms capable of producing crops or
products with a minimum gross value of $1,000 per acre per year.
These crops and products include field crops, small fruits,
berries, tree fruits, nuts or vegetables, dairying, livestock
feedlots or Christmas trees as these terms are used in the 1983
County and State Agricultural Estimates prepared by the Oregon
State University Extension Service. The 'high value crop area '
designation is used for the purpose of minimizing conflicting
uses in resort siting and does not revise the requirements of an
agricultural land goal or administrative rules interpreting the
goal.
  (3) 'Map of eligible lands' means a map of the county adopted
pursuant to ORS 197.455.
  (4) 'Open space' means any land that is retained in a
substantially natural condition or is improved for recreational
uses such as golf courses, hiking or nature trails or equestrian
or bicycle paths or is specifically required to be protected by a
conservation easement. Open spaces may include ponds, lands
protected as important natural features, lands preserved for farm
or forest use and lands used as buffers. Open space does not
include residential lots or yards, streets or parking areas.
  (5) 'Overnight lodgings' means permanent, separately rentable
accommodations   { - which - }   { + that + } are not available
for residential use  { - . Overnight lodgings include - }  { + ,
including  + }hotel or motel rooms, cabins and time-share units.
Individually owned units may be considered overnight lodgings if
they are available for overnight rental use by the general public
for at least   { - 45 - }   { + 38 + } weeks per calendar year
through a central reservation and check-in service  { + operated
by a destination resort or by a real estate property manager as
defined in ORS 696.010 + }. Tent sites, recreational vehicle
parks, manufactured dwellings, dormitory rooms and similar
accommodations do not qualify as overnight lodgings for the
purpose of this definition.
  (6) 'Self-contained development' means a development for which
community sewer and water facilities are provided on-site and are
limited to meet the needs of the development or are provided by
existing public sewer or water service as long as all costs
related to service extension and any capacity increases are borne
by the development. A 'self-contained development' shall have
developed recreational facilities provided on-site.
  (7) 'Tract' means a lot or parcel or more than one contiguous
lot or parcel in a single ownership. A tract may include property
that is not included in the proposed site for a destination
resort if the property to be excluded is on the boundary of the
tract and constitutes less than 30 percent of the total tract.
  (8) 'Visitor-oriented accommodations' means overnight lodging,
restaurants and meeting facilities which are designed to and
provide for the needs of visitors rather than year-round
residents.
  SECTION 2. 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 - }   { + overnight lodging + } units
may be phased in as follows:
  (a) A total of 150 units of overnight lodging   { - shall - }
 { + must + } be provided as follows:
  (A) At least   { - 75 - }  { +  50 + } units of overnight
lodging,   { - not including any individually owned homes, lots
or units, shall - }   { + as defined in ORS 197.435 (5), must + }
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) At least 50 of the remaining 100 required overnight
lodging units must be constructed or guaranteed through surety
bonding or equivalent financial assurance within five years of
the initial lot sales.
  (C) The remaining required overnight lodging units must be
constructed or guaranteed through surety bonding or equivalent
financial assurance within 10 years of the initial lot sales.
  (D) If a resort chooses to guarantee the overnight lodging
units required under this paragraph through surety bonding or
equivalent financial assurance, the overnight lodging units must
be physically constructed within four years of the date of
execution of the surety bond or equivalent financial
assurance. + }
  (b) The number of units approved for residential sale shall not
be more than   { - two - }   { + 2-1/2 + } 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.
   { +  (9) When making a land use decision authorizing
construction of a destination resort, the governing body of the
county or its designee shall require the resort developer to
provide an annual accounting to document compliance with the
overnight lodging standards of this section. The annual
accounting requirement commences one year after the initial lot
or unit sales. The annual accounting must contain:
  (a) Documentation showing that the resort contains a minimum of
150 permanent units of overnight lodging or, during the phase-in
period, documentation showing the resort is not yet required to
have constructed 150 units of overnight lodging.
  (b) Documentation showing that the resort meets the lodging
ratio described in subsection (4) of this section.
  (c) For a resort counting individually owned units as qualified
overnight lodging units, the number of weeks that each overnight
lodging unit is available for rental to the general public as
described in ORS 197.435. + }
  SECTION 3. ORS 197.455 is amended to read:
  197.455. (1) A destination resort shall be sited on lands
mapped as eligible for destination resort siting by the affected
county.   { - A map adopted by a county shall - }   { + The
county may + } not allow destination resorts approved pursuant to
ORS 197.435 to 197.467 to be sited in any of the following areas:
  (a) Within 24 air miles of an urban growth boundary with an
existing population of 100,000 or more unless residential uses
are limited to those necessary for the staff and management of
the resort.
  (b)(A) On a site with 50 or more contiguous acres of unique or
prime farmland identified and mapped by the United States Natural
Resources Conservation Service, or its   { - successor - }
 { + predecessor + } agency.
  (B) On a site within three miles of a high value crop area
unless the resort complies with the requirements of ORS 197.445
(6) in which case the resort shall not be closer to a high value
crop area than one-half mile for each 25 units of overnight
lodging or fraction thereof.
  (c) On predominantly Cubic Foot Site Class 1 or 2 forestlands
as determined by the State Forestry Department, which are not
subject to an approved goal exception.
  (d) In the Columbia River Gorge National Scenic Area as defined
by the Columbia River Gorge National Scenic Act, P.L.  99-663.
  (e) In an especially sensitive big game habitat area as
determined by the State Department of Fish and Wildlife in July
1984 or as designated in an acknowledged comprehensive plan.
  (2) In carrying out subsection (1) of this section, a county
shall adopt, as part of its comprehensive plan, a map consisting
of eligible lands within the county. The map shall be based on
reasonably available information  { - , and shall not be subject
to revision or refinement after adoption, except in connection
with periodic review - }  { +  and may be amended pursuant to ORS
197.610 to 197.625, but not more frequently than once every 30
months. The county shall develop a process by which all map
amendments proposed within each 30-month planning period are
collected and processed concurrently + }. A map adopted pursuant
to this section shall be the sole basis for determining whether
tracts of land are eligible for destination resort siting
pursuant to ORS 197.435 to 197.467.
                         ----------