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
 
                           B-Engrossed
 
                         Senate Bill 911
                  Ordered by the Senate July 31
      Including Senate Amendments dated July 22 and July 31
 
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 { +  in eastern Oregon + }.
  Requires resort developer  { + in eastern Oregon + } to provide
annual accounting documenting compliance with overnight lodging
standards.  { + Establishes time limits within which map of sites
in eastern Oregon that are eligible for destination resort siting
may be changed. + }
 
                        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 { + :
  (a) With respect to lands not identified in paragraph (b) of
this subsection, + } 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 weeks per calendar year through a central
reservation and check-in service. Tent sites, recreational
vehicle parks, manufactured dwellings, dormitory rooms and
similar accommodations do not qualify as overnight lodgings for
the purpose of this definition.
   { +  (b) With respect to lands in eastern Oregon, as defined
in ORS 321.405, permanent, separately rentable accommodations
that are not available for residential use, 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 38
weeks per calendar year through a central reservation system
operated by the 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 - }  { + must + } 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 - }   { + must + } meet the following standards:
  (1) The resort   { - shall - }   { + must + } 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 - }
 { + must + } be dedicated to permanent open space, excluding
streets and parking areas.
  (3) At least $7 million   { - shall - }   { + must + } 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 - }   { + must + } 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)  { + On lands not described in paragraph (b) of this
subsection:
  (A)  + }A total of 150 units of overnight lodging
 { - shall - }   { + must + } be provided   { - as follows: - }
 { + . + }
    { - (A) - }   { + (B) + } At least 75 units of overnight
lodging, not including any individually owned homes, lots or
units,   { - shall - }  { +  must + } be constructed or
guaranteed through surety bonding or equivalent financial
assurance prior to the closure of sale of individual lots or
units.
    { - (B) - }   { + (C) + } The   { - remainder shall - }
 { + remaining overnight lodging units must + } 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) - }   { + (D) + } The number of units approved for
residential sale
  { - shall - }   { + may + } not be more than two units for each
unit of permanent overnight lodging provided under
 { - paragraph (a)(A) of this subsection - }  { +  subparagraph
(B) of this paragraph + }.
    { - (c) - }   { + (E) + } The development approval
 { - shall - }   { + must + } provide for the construction of
other required overnight lodging units within five years of the
initial lot sales.
   { +  (b) On lands in eastern Oregon, as defined in ORS
321.405:
  (A) A total of 150 units of overnight lodging must be provided.
  (B) At least 50 units of overnight lodging must be constructed
prior to the closure of sale of individual lots or units.
  (C) 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.
  (D) The remaining required overnight lodging units must be
constructed or guaranteed through surety bonding or equivalent
financial assurances within 10 years of the initial lot sales.
  (E) The number of units approved for residential sale may not
be more than 2-1/2 units for each unit of permanent overnight
lodging provided under subparagraph (B) of this paragraph.
  (F) If the developer of a resort guarantees the overnight
lodging units required under subparagraphs (C) and (D) of this
paragraph through surety bonding or other equivalent financial
assurance, the overnight lodging units must be constructed within
four years of the date of execution of the surety bond or other
equivalent financial assurance. + }
  (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 - }   { + must + } be located on a
site of 20 acres or more.
  (b) At least $2 million   { - shall - }   { + must + } 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 - }   { + must + } be spent on developed recreational
facilities.
  (c) At least 25 units, but not more than 75 units, of overnight
lodging   { - shall - }   { + must + } be provided.
  (d) Restaurant and meeting room with at least one seat for each
unit of overnight lodging   { - shall - }   { + must + } be
provided.
  (e) Residential uses   { - shall - }   { + must + } be limited
to those necessary for the staff and management of the resort.
  (f) The   { - county governing body or its designate - }
 { + governing body of the county or its designee + } 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 - }   { + must + } be constructed
and located so that it is not designed to attract highway
traffic. Resorts
  { - shall - }   { + may + } 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 in eastern Oregon, as
defined in ORS 321.405, 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 - }
 { + must + } be sited on lands mapped as eligible for
destination resort siting by the affected county.   { - A map
adopted by a - }   { + The + } county   { - shall - }
 { + 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 - }   { + may + } 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) { + (a) + } In carrying out subsection (1) of this section,
 { + with respect to lands not identified in paragraph (b) of
this subsection, + } a county shall adopt, as part of its
comprehensive plan, a map consisting of eligible lands within the
county. The map   { - shall - }  { +  must + } be based on
reasonably available information, and shall not be subject to
revision or refinement after adoption, except in connection with
periodic review. 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.
   { +  (b) In carrying out subsection (1) of this section, with
respect to lands in eastern Oregon, as defined in ORS 321.405, a
county shall adopt, as part of its comprehensive plan, a map
consisting of eligible lands within the county. The map must be
based on reasonably available information, 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 for
collecting and processing concurrently all map amendments made
within a 30-month planning period. 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. + }
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