75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2227
LC 706/HB 2227-9
HOUSE AMENDMENTS TO
HOUSE BILL 2227
By COMMITTEE ON LAND USE
April 6
On page 2 of the printed bill, delete lines 22 through 45.
On page 3, delete lines 1 through 11 and insert:
' { + SECTION 2. + } { + (1) The Land Conservation and
Development Commission may:
' (a) Evaluate the state's destination resort policies and
implementation of those policies; and
' (b) Update key requirements and address issues through
special studies and, as necessary, through the amendment of
statewide land use planning goals or the adoption of
administrative rules.
' (2) If the commission undertakes an evaluation authorized in
subsection (1) of this section, the issues to be addressed and
the key requirements to be updated include, but are not limited
to:
' (a) The adequacy of siting provisions to ensure that
destination resorts function, as originally intended, to attract
tourism and serve visitors rather than to establish residential
subdivisions or to establish suburban communities that compete
with urban areas.
' (b) The impact of existing and planned destination resorts on
nearby urban areas, including the impact of large amounts of
permanent, exurban housing on nearby communities, on facilities
and on service providers.
' (c) The protection of important natural resources impacted by
destination resorts, including farm and forest resources, water
resources and natural areas and habitats, and the adequacy of
requirements for identifying and evaluating the important natural
resources before resort approval.
' (d) The effects of a concentration of destination resorts in
particular regions of this state and whether the number of
destination resorts or the number of permanent dwelling units
allowed in resorts should be capped by region or county.
' (e) Provisions to avoid or mitigate transportation and
wildlife impacts caused by destination resorts.
' (f) Mitigation and control of natural hazards, including
prevention and suppression of wildfires, that may be exacerbated
by destination resort siting.
' (g) The availability of workforce housing and related
transportation needs in destination resorts and nearby
communities.
' (h) The suitability of excluding destination resort
development on lands within irrigation districts.
' (i) The economic benefits of destination resorts to local
economies and the state economy. + } ' .
In line 13, after '197.445.' insert '(1)'.
In lines 16 and 17, delete the boldfaced material and insert '
:
' (a) Satisfy the requirements of a goal relating to
recreational needs and rules implementing the goal; and
' (b) Have as its primary use the provision of visitor-oriented
overnight accommodations in permanent structures.
' (2) A county that approves siting of a destination resort
shall make findings that the primary use of the destination
resort meets the standard in subsection (1)(b) of this section.'.
On page 5, delete lines 16 through 45.
On page 6, delete lines 1 through 33 and insert:
' { + SECTION 5. + } ORS 197.455 is amended to read:
' 197.455. (1) A destination resort { - must - } { + may
+ }be sited { + only + } on lands mapped as eligible for
destination resort siting by the affected county. 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 - }
{ + map lands as eligible for destination resort siting or
approve siting a destination resort if the lands are + }:
' { - (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 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 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) 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 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. - }
' { + (a) Within 24 air miles of an urban growth boundary
with a population of 100,000 or more;
' (b) On a site that is within three miles of a high value crop
area;
' (c) On a site that is within an irrigation district organized
under ORS chapter 545;
' (d) On a site in which the lands are predominantly classified
as being in fire regime condition class 3, unless the county
prepares a community wildfire protection plan that demonstrates
the site can be developed without being at a high overall risk;
' (e) Forestlands that are not subject to an approved exception
to a goal relating to agricultural lands or forestlands and that
are determined by the State Forestry Department to be
predominantly Cubic Foot Site Class 1 or 2 forestlands;
' (f) In the Columbia River Gorge National Scenic Area as
defined by the Columbia River Gorge National Scenic Area Act,
P.L. 99-663; or
' (g) In an area of especially sensitive big game habitat.
' (2) As used in this section, '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. + }
' { + SECTION 6. + } ORS 197.460 is amended to read:
' 197.460. A county shall { - insure - } { + ensure + }
that a destination resort is compatible with the site and
adjacent land uses { - through the following measures - }
{ + . The county shall require that + }:
' (1) Important natural features { + within the destination
resort + }, including habitat of threatened or endangered
species, streams, rivers and significant wetlands { - shall
be - } { + , will be + } retained.
' { + (2) + } Riparian vegetation within 100 feet of streams,
rivers and significant wetlands { - shall be - } { + within
the destination resort will be + } retained. { + A county may
allow + } alteration of important natural features, including
placement of structures { - which - } { + that + } maintain
the overall values of the feature { - may be allowed - } .
' { - (2) - } { + (3) + } Improvements and activities
{ - shall be - } { + will be + } located and designed to avoid
or { - minimize - } { + mitigate + } adverse effects of the
resort on uses on surrounding lands, particularly effects on
{ - intensive - } farming operations in the area. At a minimum,
measures to accomplish this shall include:
' (a) Establishment and maintenance of buffers between the
resort and adjacent land uses, including natural vegetation and
where appropriate, fences, berms, landscaped areas and other
similar types of buffers.
' (b) Setbacks of structures and other improvements from
adjacent land uses.
' { + (4) A destination resort:
' (a) Avoid or mitigate direct and indirect adverse effects on
state highways, county roads and city streets.
' (b) Provide for adequate fire-fighting facilities and
services.
' (c) Provide for workforce housing, on-site or off-site, for
individuals working at the resort. + } ' .
In line 34, delete '8' and insert '7'.
In line 35, delete '9' and insert '8'.
In line 39, delete '10' and insert '9'.
On page 7, delete lines 29 through 35 and insert:
' { + SECTION 10. + } { + Section 2 of this 2009 Act, the
amendments to ORS 197.440, 197.445, 197.450, 197.455, 197.460,
197.462 and 197.825 by sections 1, 3 to 6, 8 and 9 of this 2009
Act and the repeal of ORS 197.435 and 197.465 by section 7 of
this 2009 Act apply to an application for approval of the siting
of a destination resort first submitted under ORS 215.427 (3) on
or after the effective date of this 2009 Act. + } ' .
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