74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2373
A-Engrossed
Senate Bill 665
Ordered by the Senate May 4
Including Senate Amendments dated May 4
Sponsored by Senator NELSON, Representative G SMITH
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.
Expands development allowed in conjunction with speedway
destination site to include permanent housing units.
Limits time for Department of Land Conservation and Development
to review proposed changes to acknowledged comprehensive plan and
land use regulations.
{ - Prohibits review by Land Use Board of Appeals and limits
review of appellate courts. - }
Declares emergency, effective on passage.
A BILL FOR AN ACT
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 Oregon:
SECTION 1. ORS 197.432 is amended to read:
197.432. As used in ORS 197.432 to 197.434:
{ + (1) 'Adjacent residential development' means single or
multi-family dwelling units regularly and customarily provided in
conjunction with speedways, marinas or golf courses. + }
{ - (1) - } { + (2) + } 'Associated uses and facilities'
means speedway-related and accessory uses and facilities
identified in the findings { + and facilities that can be
included in a destination resort under ORS 197.435 to
197.467 + }.
{ - (2) - } { + (3) + } '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 Port
of Morrow for comprehensive plan and zoning amendments to allow
the siting of a speedway and related facilities at the Port of
Morrow.
{ - (3) - } { + (4) + } 'Major motor speedway' means a
combination of race tracks developed and used for premier, high
speed automobile races, as identified in section A (3) of the
June 21, 2002, findings.
{ - (4) - } { + (5) + } 'Speedway destination site' means a
site containing a major motor speedway and associated uses and
facilities.
{ - (5) - } { + (6) + } '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 { + either + }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 { + , or to the adoption of
a master plan under section 4 of this 2007 Act + }, if the site
is developed and used as a 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 adjacent residential
development + }:
(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 { + and associated uses
and facilities, and + } { - 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 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 { + and adjacent residential development
+ }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 { + and associated uses
and facilities, and + } { - but available, as well, to - }
members of the general public.
(4) 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 authorized by this section through an expedited local
review and approval process in which the final approval of the
county is granted after only one evidentiary hearing.
{ + (5) Notwithstanding ORS 197.610, the governing body of
Morrow County shall forward to the Director of the Department of
Land Conservation and Development a proposal to amend a local
government acknowledged comprehensive plan or land use regulation
or to adopt a new land use regulation affecting development of a
speedway destination site at least 21 days before the first
evidentiary hearing on adoption. + }
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) The Port of Morrow or its designee may
apply to the governing body of Morrow County for approval of a
proposal to develop a speedway destination site by submission of
a master plan as provided in this section.
(2) The master plan submitted with the application may propose
amendments to the acknowledged comprehensive plan and land use
regulations that are necessary to facilitate development of a
speedway destination site.
(3) The governing body of Morrow County may approve a master
plan pursuant to this section without taking further exception to
the statewide land use planning goals relating to agricultural
lands, public facilities and services and urbanization if the
expanded site area described in the master plan:
(a) Is contiguous to a site described in ORS 197.433;
(b) Occupies 15,000 acres or fewer; and
(c) Includes lands for which an exception to a statewide land
use planning goal has already been taken or, if an exception has
not been taken, the applicant demonstrates that the lands have
low value as productive agricultural lands.
(4) A master plan submitted pursuant to this section must
specify:
(a) The duration and phasing of development proposed by the
plan;
(b) A general description, including location, of the uses
permitted on the site, including:
(A) The major motor speedway;
(B) Associated uses and facilities;
(C) Adjacent residential development and transient lodging;
(D) Sewage works, including all facilities necessary for
collecting, pumping, treating and disposing of sewage;
(E) Drainage works, including facilities necessary for
collecting, pumping and disposing of storm and surface water;
(F) Street lighting works, including facilities necessary for
the lighting of streets and highways;
(G) Public parks and recreation facilities, including land,
structures, equipment, supplies and personnel necessary for
acquiring, developing and maintaining public parks and recreation
facilities and administering a program of supervised recreation
services;
(H) Water supply works, including all facilities necessary for
tapping natural sources of domestic and industrial water,
treating and protecting the quality of the water and transmitting
it to the point of sale to any person, city, domestic water
supply corporation or other public or private agency for
domestic, municipal and industrial water supply service;
(I) Public transportation, including public depots, public
parking and the motor vehicles and other equipment necessary for
the transportation of persons together with their personal
property; and
(J) Public and private roads;
(c) The projected density and intensity of use;
(d) A schedule and procedure for compliance review;
(e) The parties responsible for providing infrastructure and
services; and
(f) Proposed zone changes or comprehensive plan amendments.
(5) A master plan must:
(a) Set forth all future discretionary approvals, if any,
required for the development specified in the plan;
(b) Specify the conditions, terms, restrictions and
requirements for discretionary approvals;
(c) Establish a process for amending the plan; and
(d) Specify the dates upon which construction to develop or
expand a speedway destination site is expected to begin and end.
(6) Except as otherwise provided in this section, a master plan
shall comply with the Morrow County comprehensive plan and land
use regulations. + }
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. + }
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