68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
SA to A-Eng. HB 3348
LC 3121
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3348
By COMMITTEE ON WATER AND LAND USE
June 1
On ****************************page 1 of the printed
A-engrossed bill, line 2, after the first semicolon delete the
rest of the line and delete line 3 and insert 'amending ORS
197.435 and 197.455.'.
Delete lines 5 through 28 and ****************************pages
2 through 10 and insert:
' **************************** { + 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 - }
{ + at least three of which have actually produced on a regular
basis during the preceding five years + } crops or products with
a minimum gross value of $1,000 per acre per year { + in 1984
dollars for the total area of the commercial farm and each of
which has produced a total gross annual income of $80,000 in
three of the preceding five years + }. 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 permanent, separately rentable
accommodations which are not available for residential use.
Overnight lodgings include 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.
' (6) 'Self-contained development' means a development for
which community sewer and water facilities are provided onsite
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
have developed recreational facilities provided onsite.
' (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 197.455
is amended to read:
' 197.455. (1) A destination resort shall be sited on lands
mapped as eligible for destination resort siting by the affected
county { + either during the process of acting upon a specific
siting application or pursuant to subsection (2) of this section
and ORS 197.465 (1). If the county maps an area as eligible for
destination resort siting in connection with a specific siting
application, the map adopted pursuant to subsection (2) of this
section and ORS 197.465 (1) shall be deemed automatically to be
amended thereby + }. A map adopted by a county shall 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 Soil Conservation Service - } { + predominantly
any combination of Class I, II, III and IV soils as identified by
the county using the soil capability classification system of the
United States Natural Resources Conservation Service unless land
uses on such contiguous acres are limited to uses permitted in
the otherwise applicable zone as established by the county + }.
' (B) On a site within three miles of a high value crop area
unless { + :
' (i) The site is separated from the high value crop area by
geological or other natural barriers that, as determined by the
county, render the impact of the site on the value of land in the
high value crop area only minimal;
' (ii) Land uses on portions of the site within three miles of
the high value crop area are limited to uses permitted in the
otherwise applicable zone as established by the county; or
' (iii) + } The resort complies with the requirements of ORS
197.445 (6) in which case the resort shall 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 shall be based on
reasonably available information, and shall not be subject to
revision or refinement after adoption, except in connection with
periodic review { + or as authorized by subsection (1) of this
section + }. 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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