Chapter 819
AN ACT
SB 665
Relating to speedway destination site
development; creating new provisions; amending ORS 197.432 and 197.433; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 197.432 is amended to read:
197.432. As used in ORS
197.432 to 197.434:
(1) “Associated uses and
facilities” means:
(a) Speedway-related and accessory uses and
facilities identified in the findings; and
(b) Road course garage
units.
(2) “Findings” means the
Morrow County Findings of Fact and Conclusions of Law, dated June 21, 2002, and
September 24, 2003, in the matter of an application by the
(3) “Major motor
speedway” means [a combination of] one
or more race tracks [developed and
used for premier, high speed automobile races, as identified in section A (3)
of the June 21, 2002, findings.] including, at a minimum:
(a) An asphalt oval
super speedway of at least seven-eighths mile with grandstand seating capacity
of 20,000 or more; or
(b) An asphalt road
course of least two miles with grandstand seating capacity of 20,000 or more.
(4) “Premier, high speed automobile racing” means automobile racing that is
projected to attract 20,000 or more spectators to a race.
(5) “Road course garage
unit” means a facility consisting of garages and residential spaces not
intended for overnight use.
(6) “Sanctioned” means
subject to contractual agreements with one or more major professional
automobile racing organizations that may include, but are not limited to:
(a) Champ Car;
(b) Indy Racing League
(IRL);
(c) National Association
for Stock Car Auto Racing, Inc. (NASCAR);
(d) World of Outlaws
(WoO);
(e) National Hot Rod
Association (NHRA);
(f) International Hot
Rod Association (IHRA);
(g) Sports Car Club of
(h)
(i) Automobile Club de l’Ouest
(American
(j) Fédération
Internationale de l’Automobile (FIA).
(7) “
[(4)] (8) “
(9) “Speedway
supporting uses and facilities” means transient lodging, restaurants, meeting
facilities and other commercial uses limited to the types and levels of use
necessary to meet the needs of users and patrons of a major motor speedway.
(10) “Speedway theme
park” means an amusement park associated with a major motor
speedway and based on a speedway theme that:
(a) Is developed and
operated primarily for the purpose of entertaining users and patrons of the
major motor speedway, but available, as well, to the general public; and
(b) Consists of a
collection of entertainment uses and facilities commonly associated with
outdoor fairs and theme parks:
(A) Including mechanical
rides, games, go-cart tracks, miniature golf courses, BMX bicycle tracks, water
parks and athletic fields; and
(B) Not including
cinemas, bowling allies, theaters, concert halls or similar recreational or
entertainment uses commonly allowed inside urban growth boundaries.
[(5)] (11) “Transient lodging” means a unit consisting of a
room or a suite of rooms that is available for a period of occupancy that
typically does not exceed 30 days and for which the lodging operator:
(a) Charges on a daily
basis and does not collect more than six days in advance; and
(b) Provides maid and
linen service daily or every two days as part of the regularly charged cost of
occupancy.
SECTION 2. ORS 197.433 is amended to read:
197.433. (1) On a site
approved for development of a major motor speedway, pursuant to an exception to
statewide land use planning goals relating to agricultural lands, public
facilities and services and urbanization that was acknowledged before September
2, 2005, if the site is developed and used as a major motor speedway with
sanctioned, premier, high speed automobile racing within five years after the
county issues a certificate of occupancy for the major motor speedway, the
governing body of Morrow County or its designee may authorize the ancillary
development of transient lodging, [and]
associated uses and facilities and a speedway theme park that were not
previously authorized under subsection (4) of this section:
(a) Without taking
further exception to the statewide land use planning goals relating to
agricultural lands, public facilities and services and urbanization.
(b) Primarily for the
use of users and patrons of the major motor speedway but available, as well, to
[members of] the general public.
(c) Without regard to
the limitations on the size or occupancy of speedway-related and accessory uses
and facilities specified in the findings.
(d) Without regard to
use limitations specified in section H (10) of the June 21, 2002, findings for
a multipurpose recreational facility.
(e) Without regard to
the limitation on hours of operation specified in the findings for outdoor
recreational facilities.
(2) The major motor
speedway authorized in the findings and by this section may be developed:
(a) Without taking
further exception to the statewide land use planning goals relating to
agricultural lands, public facilities and services and urbanization.
(b) Without regard to
the specific [sizes and configurations]
size, placement or configuration of the tracks specified in the
findings.
[(3) In addition to the associated uses and facilities authorized by the
findings and this section, if the site described in this section is developed
and used as a major motor speedway, the governing body of Morrow County or its
designee may authorize the ancillary development of a golf course and theme
park on the site:]
[(a) Without taking further exception to the statewide land use planning
goals relating to agricultural lands, public facilities and services and
urbanization.]
[(b) Primarily for the use of users and
patrons of the major motor speedway but available, as well, to members of the
general public.]
[(4)] (3) Subject to the requirements of ORS 197.610 to 197.625,
notwithstanding the local process for review and approval of a proposal to
amend the acknowledged comprehensive plan and land use regulations that is
contained in an acknowledged comprehensive plan and land use regulations, the
governing body of Morrow County may review and approve a proposal to make the
changes to the acknowledged comprehensive plan and land use regulations to
allow the uses authorized by this section on the site described in
subsection (1) of this section through an expedited local review and
approval process in which the final approval of the county [is] may be granted after only one
evidentiary hearing.
(4) Notwithstanding
subsection (1) of this section, the governing body of Morrow County may approve
the development, in conjunction with the development of the major motor
speedway, but prior to the establishment of sanctioned, premier, high speed
automobile racing at the major motor speedway, of up to 250 road course garage
units, 100 units of transient lodging with an associated restaurant and public
facilities necessary to support those uses.
(5) Impacts of a
speedway destination site, adjacent residential development and transient
lodging on the transportation system must be mitigated to the satisfaction of
the Department of Transportation at the time of development.
SECTION 3. Section 4 of this 2007 Act is added to and
made a part of ORS 197.432 to 197.434.
SECTION 4. (1) If the site described in ORS 197.433 (1)
is developed and used as a major motor speedway with sanctioned, premier, high
speed automobile racing within five years after the county issues a certificate
of occupancy for the major motor speedway, the site may be expanded to include
additional lands that are adjacent to the site if the additional lands are:
(a) Located in Morrow
County within township 4 north, range 24 east of the Willamette Meridian,
sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21 and 22 and the northeast
quarter section of section 27; and
(b)
Approved as part of a master plan as provided in this section.
(2) After the major
motor speedway is developed and used for sanctioned, premier, high speed
automobile racing, the governing body of Morrow County may authorize inclusion
of the following uses on the speedway destination site that are proposed in a
master plan:
(a)
(b) Associated uses and
facilities not previously authorized pursuant to ORS 197.433 (4).
(c) A speedway theme
park not previously authorized pursuant to ORS 197.433 (4).
(d) A speedway
destination resort, if the speedway destination resort is approved by Morrow
County, subject to the requirements of ORS 197.435 to 197.467, except that the
proposed speedway destination resort site need not be included on a map of
eligible lands for destination resorts within the county otherwise required
under ORS 197.455, but the proposed speedway destination resort site must meet
the siting criteria of ORS 197.455.
(3) The Port of Morrow
or its designee may apply to the governing body of Morrow County for approval
to expand the site described in ORS 197.433 (1) or to amend the uses allowed on
the speedway destination site by submission of a master plan as provided in
this section. A master plan must:
(a) Set forth the
discretionary approvals, if any, required for completion of the development
specified in the plan;
(b) Identify the
conditions, terms, restrictions and requirements for discretionary approvals;
(c) Establish a process
for amending the plan;
(d) If the proposed
development of the speedway destination site is to be constructed in phases,
specify the dates on which each phase of phased construction is projected to
begin and end;
(e) Except as otherwise
provided in this section, comply with the Morrow County comprehensive plan and
land use regulations in existence at the time of the application; and
(f) Identify proposed
comprehensive plan amendments or zone changes that are necessary to authorize
development of a speedway destination site and uses proposed as part of the
plan.
(4) The governing body
of Morrow County shall review a master plan and proposed changes to the
acknowledged comprehensive plan and land use regulations that are necessary to
implement a proposed master plan as provided in ORS 197.610 to 197.625 and may
approve the master plan and the proposed changes if at the time of approval:
(a) The major motor
speedway is used for sanctioned, premier, high speed automobile racing; and
(b) The master plan
conforms to the requirements of this section and other applicable laws and
specifies:
(A) The duration and
phasing of development proposed by the plan.
(B) A description,
including location, of the proposed uses on the site, including:
(i) The proposed changes
to the major motor speedway;
(ii) The proposed
associated uses and facilities;
(iii) The proposed
speedway supporting uses and facilities;
(iv) A
speedway destination resort;
(v) A speedway theme
park;
(vi)
Sewage works for the speedway destination site, including all facilities
necessary for collecting, pumping, treating and disposing of sewage;
(vii) Drainage works for
the speedway destination site, including facilities necessary for collecting,
pumping and disposing of storm and surface water;
(viii) Water supply
works and service for the speedway destination site, including the facilities
necessary for tapping natural sources of domestic and industrial water,
treating and protecting the quality of the water and transmitting it to the
site;
(ix) Public parks and
recreation facilities, including land and facilities that are necessary for
administering and maintaining the public parks, recreation facilities and
recreation services;
(x) Public
transportation, including public depots, public parking, storage and
maintenance facilities and other equipment necessary for the transportation of
users and patrons of the major motor speedway and their personal property; and
(xi) Public and private
roads.
(C) A description,
including location, of additional uses that are not specified in this section,
if the additional uses are proposed and approved in accordance with applicable
laws, statewide land use planning goals and the provisions of the comprehensive
plan and land use regulations implementing the comprehensive plan.
(D) The density and
intensity of proposed uses.
(E) A schedule and plan
for obtaining local government review of permits and other authorizations
required for the development of allowed uses.
(F) The parties
responsible for providing speedway destination site infrastructure and
services.
SECTION 5. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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