75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. HB 2228
LC 707/HB 2228-A8
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2228
By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
June 3
On page 2 of the printed A-engrossed bill, line 19, delete ' or
Deschutes County'.
In line 20, delete 'and that is not owned by a resort'.
In line 27, delete 'one' and insert 'two'.
In line 28, delete 'year' and insert 'years'.
On page 3, line 23, delete 'at least two-thirds must be ' and
insert 'have as its primary purpose the provision of'.
On page 6, line 3, delete ' ' Conservation Strategy' prepared
in September of 2006' and insert ' ' Oregon Conservation
Strategy,' 2006,'.
Delete lines 5 through 9 and insert:
' (5) The commission may select up to three pilot projects for
the transfer of development rights under sections 6 to 8 of this
2009 Act.'.
Delete lines 13 and 14 and insert:
' (c) Must contain four or fewer dwelling units per square
mile.'.
In line 21, before 'forestlands' insert 'agricultural lands
or'.
Delete lines 22 through 29 and insert:
' (C) Third priority is lands that are within an urban
unincorporated community or a rural community in an acknowledged
comprehensive plan.'.
In line 37, after 'development' insert 'allowed under sections
6 to 8 of this 2009 Act'.
Delete lines 39 and 40.
In line 41, delete '(e)' and insert '(d)'.
In line 44, delete 'A pilot project must include affordable
housing.'.
On page 7, line 1, after 'housing' insert 'within an urban
growth boundary'.
In line 3, delete 'forestlands,'.
Delete lines 41 through 45 and delete page 8.
On page 9, delete lines 1 through 17 and insert:
' { + SECTION 9. + } { + (1) As used in this section:
' (a) 'Community forestlands' has the meaning given that term
in ORS 530.600.
' (b) 'Skyline Forest' means that certain real property
consisting of approximately 33,000 contiguous acres in Deschutes
County owned on June 1, 2009, by Cascade Timberlands (Oregon) LLC
and located within sections 7, 8, 15, 16, 17, 18, 19, 20, 21, 22,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, township 16 south,
range 10 east; sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13,
14, 15, 16, 22, 23, 24, 25, 26, 27, 35 and 36, township 17 south,
range 10 east; and sections 6, 7, 8, 9, 17, 18, 19, 20, 29, 30,
31, 32 and 33, township 17 south, range 11 east.
' (c) 'Skyline Forest Sustainable Development Area' means a
portion of up to 3,000 contiguous acres of the tract known as the
Skyline Forest that is located in township 16 south, range 10
east, Deschutes County: portions of the northwest quarter,
southwest quarter, southeast quarter, northeast quarter of
section 7; portions of the northwest quarter, southwest quarter,
southeast quarter of section 8; portions of the southwest quarter
of section 16; portions of the northwest quarter, southwest
quarter, southeast quarter, northeast quarter of section 17;
portions of the northwest quarter, southwest quarter, southeast
quarter, northeast quarter of section 18; section 19; portions of
the northwest quarter, southwest quarter, northeast quarter of
section 20; portions of the northwest quarter of section 21;
portions of the northwest quarter of section 29; and portions of
the north half of section 30.
' (d) 'Skyline Conservation Tract' means the portion of the
Skyline Forest consisting of approximately 30,000 contiguous
acres that is not included within the Skyline Forest Sustainable
Development Area.
' (e) 'Southern Conservation Tract' means that certain real
property consisting of approximately 34,700 contiguous acres in
Deschutes and Klamath Counties owned on June 1, 2009, by Cascade
Timberlands (Oregon) LLC and located within one of the following
areas:
' (A) 'Area one' consists of approximately 14,000 acres of land
located within sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 21, 22,
23, 25, 26, 27, 28, 29, 32, 33, 34 and 35 of township 22 south,
range 9 east, Deschutes County; sections 5, 6, 7, 8, 17, 18, 30
and 31 of township 22 south, range 10 east, Deschutes County;
' (B) 'Area two' consists of approximately 9,700 acres of land
located within sections 2, 3, 4, 5, 9, 10, 11, 14, 15, 17, 19,
20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33 and 34 of township 23
south, range 9 east, Klamath County and the portion of Parcel 3,
Partition Plat No. 34-08 located in township 23 south, range 9
east, Klamath County; and
' (C) 'Area three' consists of approximately 11,000 acres of
land located within sections 14, 23, 24, 25, 26, 34 and 35 of
township 23 south, range 9 east; sections 3, 4 and 9 of township
24 south, range 9 east; section 1 of township 25 south, range 7
east; sections 1, 2, 3, 4, 9, 10, 12, 13, 14, 15, 16 and 17 of
township 25 south, range 8 east; Parcel 1, Partition Plat No.
34-08 located in township 24 south, ranges 7 and 8 east, Klamath
County; the portion of Parcel 3, Partition Plat No. 34-08 located
in township 24 south, ranges 8 and 9 east, Klamath County and the
land lying west of U.S. Route 97.
' (f) 'Land trust' means the Deschutes Land Trust, an Oregon
nonprofit corporation or another nonprofit conservation
organization that is either accredited by the Land Trust
Accreditation Commission or is nationally recognized as a land
conservation organization, the primary mission of which is land
conservation.
' (2) Contingent upon satisfaction of the requirements of
subsection (3) of this section, the Skyline Forest Sustainable
Development Area may be developed and used for the following
purposes:
' (a) The Skyline Forest Sustainable Development Area may
contain up to 282 residential units, a caretaker's residence, a
restaurant, a small community store, a small-scale community
conference center, an equestrian facility, small-scale
recreational, commercial and basic service uses, and all utility,
maintenance and security facilities necessary to support the
development. The residential units may be permanent residences,
rental units or lodging units. The specific number of residential
units allowed within the Skyline Forest Sustainable Development
Area, up to a maximum of 282, is dependent upon the number of
acres of the Skyline Conservation Tract and the Southern
Conservation Tract conveyed to a land trust or a federal or state
agency pursuant to this section. Up to:
' (A) 137 residential units shall be allowed within the Skyline
Forest Sustainable Development Area in exchange for the
conveyance of the Skyline Conservation Tract to a land trust;
' (B) 183 residential units shall be allowed within the Skyline
Forest Sustainable Development Area in exchange for the
conveyance of the Skyline Conservation Tract and area one of the
Southern Conservation Tract to a land trust or to a federal or
state agency;
' (C) 224 residential units shall be allowed within the Skyline
Forest Sustainable Development Area in exchange for the
conveyance of the Skyline Conservation Tract, area one and area
two of the Southern Conservation Tract to a land trust or to a
federal or state agency; or
' (D) 282 residential units shall be allowed within the Skyline
Forest Sustainable Development Area in exchange for the
conveyance of the Skyline Conservation Tract, area one, area two
and area three of the Southern Conservation Tract to a land trust
or to a federal or state agency.
' (b) The Skyline Forest Sustainable Development Area may not
contain a golf course or golf-related facilities.
' (c) All development, not including access roads and utility
lines to the Skyline Forest Sustainable Development Area and up
to five acres for maintenance and security facilities, shall be
located on 1,200 contiguous acres within the Skyline Forest
Sustainable Development Area. The owner shall use the remaining
undeveloped 1,800 acres of the Skyline Forest Sustainable
Development Area for the primary purposes of minimizing the risk
of wildfire and maintaining wildlife habitat value. However, an
equestrian facility may be located within the otherwise
undeveloped 1,800 acres if the facility is located on no more
than 40 acres contiguous to the developed portion of the Skyline
Forest Sustainable Development Area. The owner shall cause a
conservation easement pursuant to ORS 271.715 to 271.795 to be
recorded on the entirety of the undeveloped 1,800 acres
prohibiting partitions and development, but allowing recreational
uses, such as picnic grounds, trails and restrooms. The
equestrian facility permitted by this section shall also be
allowed within the conservation easement. The conservation
easement must be held by a land trust and shall contain terms
agreed to by the State Department of Fish and Wildlife and the
State Forestry Department.
' (d) Roads, utility corridors and all utility facilities
necessary to serve the Skyline Forest Sustainable Development
Area shall be allowed as outright permitted uses within the
Skyline Forest Sustainable Development Area, the Skyline Forest
and on nearby lands regardless of the comprehensive plan or
zoning designation of the lands.
' (e) The uses allowed by this subsection shall be allowed only
upon approval of a master plan as provided by subsection (5) of
this section. The master plan shall contain design criteria and
standards to ensure that sustainability principles will be
incorporated into the development and operation uses within the
Skyline Forest Sustainable Development Area. The design criteria
and standards shall promote sustainable building design, water
conservation and energy conservation.
' (f) The master plan described in subsection (5) of this
section shall incorporate design criteria and standards to ensure
that there will be negligible visual impacts under normal
daylight viewing conditions from Awbrey Butte and the Plainview
scenic turnout located on the McKenzie-Bend Highway No. 17, also
known as U.S. Route 20, near milepost 9. The design criteria and
standards shall also require all outdoor lighting to be downward
facing, to the extent practicable.
' (g) The Skyline Forest Sustainable Development Area shall be
served by one primary access route and by one or more emergency
and secondary access routes that use existing roads as much as
practicable. The access routes may be private or public roads,
including roads managed by the United States Forest Service. The
primary access route shall intersect the McKenzie-Bend Highway
No. 17, also known as U.S. Route 20, between mileposts 3 and 6
to provide access from the eastern boundary of the Skyline Forest
Sustainable Development Area to the referenced highway.
' (h) The Skyline Forest Sustainable Development Area,
including all access roads, must be developed in consultation
with the State Department of Fish and Wildlife to minimize
impacts on wildlife, particularly deer and elk populations.
' (i) The Skyline Forest Sustainable Development Area,
including all access roads, must be developed in consultation
with the State Forestry Department and the United States Forest
Service to minimize wildfire risks.
' (j) The owner of the Skyline Forest Sustainable Development
Area shall provide adequate firefighting facilities and services
to address the needs of the development. All structures shall be
designed and maintained consistent with the default wildfire
safety standards of the Oregon Forestland-Urban Interface Fire
Protection Act of 1997, as set forth in administrative rules of
the State Forestry Department.
' (k) Any wells used to provide water for uses within the
Skyline Forest Sustainable Development Area shall be sited to
minimize impacts of groundwater use on Whychus Creek and Melvin
Springs.
' (3) The land uses described in subsection (2) of this section
shall be allowed within the Skyline Forest Sustainable
Development Area upon the satisfaction of the following
conditions:
' (a) The owner of the Skyline Forest and the Southern
Conservation Tract transfers:
' (A) The Skyline Conservation Tract to a land trust for the
purpose of creating community forestlands; and
' (B) The Southern Conservation Tract, whether to a single
buyer or multiple buyers, to a land trust for the purpose of
creating community forestlands or to a federal or state agency.
However, the owner may choose to retain all or a portion of the
Southern Conservation Tract, in which case the number of
residential units allowed within the Skyline Forest Sustainable
Development Area shall be limited as set forth in subsection
(2)(a) of this section.
' (b) The consideration for any transfer does not exceed the
fair market value of the property as established by an appraisal
based on the hypothetical condition or assumption that all
development rights on the properties, whether actual or
potential, have been extinguished as contemplated by subsection
(6) of this section. The appraisal must comply with the Uniform
Standards of Professional Appraisal Practice. The appraisal shall
comply with the Uniform Appraisal Standards for Federal Land
Acquisitions if:
' (A) The land trust or state agency proposes, in part or in
whole, to use federal funds to purchase the property and has
demonstrated a reasonable likelihood that federal funds will be
secured for the purchase; or
' (B) The property is being conveyed to a federal agency.
' (c) The Skyline Conservation Tract and the Southern
Conservation Tract will be managed so that wildlife and
recreational values are safeguarded and the overall forest
health, including sustainable timber production and wildfire
prevention, is maintained over the long term.
' (d) The owner of the Skyline Forest Sustainable Development
Area obtains the land use approvals required by subsection (5) of
this section.
' (4) The uses authorized by subsection (2) of this section
shall be allowed as outright permitted uses by Deschutes County,
following approval of the master plan required by subsection (5)
of this section by Deschutes County. The uses allowed by
subsection (2) of this section are allowed notwithstanding those
provisions of ORS 215.700 to 215.780 relating to lot size and
dwelling standards on forestlands, those statewide land use
planning goals relating to agricultural lands, forestlands,
public facilities and services, transportation and urbanization
and those provisions of Deschutes County's comprehensive plan and
land use regulations limiting uses of forestlands. Approval of
the master plan and land division applications required by
subsection (5) of this section for the development and use of the
Skyline Forest Sustainable Development Area and all associated
road and utility corridors may not require exceptions to any
statewide planning goal or amendment of any local comprehensive
plan or land use regulation. Deschutes County shall apply only
the provisions of this section as standards and criteria for an
application for, or amendment to, a master plan or land division
application or other development permit applications submitted
pursuant to this section.
' (5) The owner of the Skyline Forest Sustainable Development
Area may submit an application to Deschutes County for approval
of a master plan for the development and use of the area. The
application must be submitted within five years after the
effective date of this 2009 Act, subject to the following:
' (a) The master plan shall demonstrate compliance with
subsection (2) of this section and include a tentative land
division application to create the lots within the Skyline Forest
Sustainable Development Area.
' (b) Deschutes County shall process the master plan and all
land division applications pursuant to the procedural review
provisions of its local land use regulations. However, Deschutes
County shall approve the master plan and any tentative or final
land division applications if the applications are consistent
with subsections (2) and (3) of this section. No additional land
use or land division standards shall apply to the approval and
development of the Skyline Forest Sustainable Development Area.
' (c) Deschutes County shall condition final approval of the
master plan and land division applications on the execution of an
agreement to record a conservation easement in accordance with
subsection (2)(c) of this section, an agreement to transfer the
Skyline Conservation Tract to a land trust for the purpose of
creating community forestlands and, if applicable, an agreement
to transfer all or a portion of the Southern Conservation Tract
either to a land trust for the purpose of creating community
forestland or to a federal or state agency. The agreements shall
specify that recordation of the conservation easement, transfer
of the Skyline Conservation Tract and transfer of all or a
portion of the Southern Conservation Tract shall be contingent
upon the following terms:
' (A) The owner of the Skyline Forest Sustainable Development
Area shall obtain all federal, state and local licenses, permits,
rights and other entitlements necessary for development of the
Skyline Forest Sustainable Development Area, each of which shall
be final and no longer subject to appeal;
' (B) The land trust or the federal or state agencies, as
applicable, shall obtain adequate funding to purchase the Skyline
Conservation Tract or the Southern Conservation Tract, as
applicable, in accordance with subsection (3)(b) of this section;
and
' (C) The land trust or the federal or state agencies shall
develop and implement management standards that provide
reasonable assurance to the owner of the Skyline Forest
Sustainable Development Area that the Skyline Conservation Tract
and the Southern Conservation Tract will be managed to establish
forest health, manage wildfire risk and maintain compatibility
with the Skyline Forest Sustainable Development Area.
' (d) The master plan and all associated land division plans
shall govern development of the Skyline Forest Sustainable
Development Area in perpetuity and shall not expire. Regulations
requiring the submittal of final plats within a specified time
period following tentative plan approval shall not apply to the
Skyline Forest Sustainable Development Area. The master plan may
be amended at any time following an administrative review by
Deschutes County. Deschutes County shall approve the amendments
if the amended master plan remains consistent with subsections
(2) and (3) of this section.
' (6) The Deschutes Land Trust, an Oregon nonprofit
corporation, shall have a right of last opportunity to purchase
the Skyline Conservation Tract and the Southern Conservation
Tract, and any purchase agreement shall provide a minimum of
three years for the Deschutes Land Trust to obtain funding for
any purchase. If at any time after two years from the date of any
purchase agreement or the date of filing of a master plan under
subsection (5) of this section, whichever is later, the Deschutes
Land Trust has failed to demonstrate a reasonable likelihood it
will be able to obtain the funds necessary to complete the
purchase, the owner of the Skyline Conservation Tract and the
Southern Conservation Tract may seek alternative buyers for any
property that is the subject of a purchase agreement under this
subsection. The Deschutes Land Trust will in good faith notify
the owner of the Skyline Conservation Tract and the Southern
Conservation Tract if at any time during the period of any
purchase agreement the Deschutes Land Trust concludes it does not
wish to complete the purchase or will be unable to obtain the
necessary funding to complete the purchase.
' (7) Development and construction uses within the Skyline
Forest Sustainable Development Area may proceed according to the
approved master plan once the transfer of fee title of the
Skyline Conservation Tract and, as applicable, all or a portion
of the Southern Conservation Tract, is complete. Following
transfer of fee title of the Skyline Conservation Tract and, as
applicable, all or a portion of the Southern Conservation Tract,
all development rights on the conveyed lands are extinguished and
the conveyed lands shall be thereafter managed as community
forestlands or as federal or state forestlands.
' (8) At any time within five years after the effective date of
this 2009 Act, the owner of the Skyline Forest Sustainable
Development Area may either file an application for a master plan
pursuant to subsection (5) of this section, or submit written
notice to Deschutes County and the Deschutes Land Trust stating
the owner's intent to relinquish the development opportunities
authorized by this section. Until the owner of the Skyline Forest
Sustainable Development Area files a master plan application or
submits a notice of relinquishment under this subsection, the
owner may not divide, develop, obtain a lot of record
determination or prohibit public access to any portion of the
Skyline Forest. If the owner of the Skyline Forest Sustainable
Development Area submits a notice of relinquishment under this
subsection, or the owner allows the five-year time period to
elapse without taking any action under this subsection, the
development opportunities authorized by this section shall expire
and the owner may divide, develop and prohibit public access to
any portion of Skyline Forest pursuant to the laws in effect at
that time.
' (9) If the owner of the Skyline Forest Sustainable
Development Area does not file a master plan within five years of
the effective date of this 2009 Act or if Deschutes County does
not approve a master plan as provided in subsection (5) of this
section within 15 years of the effective date of this 2009 Act,
then the provisions of subsection (2) of this section shall cease
to have any force or effect.
' (10) The development opportunities provided by this section
are fully transferable and will run with the land in the event of
a change of ownership of the Skyline Forest or all or a portion
of the Southern Conservation Tract. + } ' .
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