Bill Text: OR HB3536 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Deschutes Basin; appropriating money; declaring an emergency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3536 Detail]
Download: Oregon-2013-HB3536-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3980
House Bill 3536
Sponsored by Representative HUFFMAN
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 as
introduced.
Modifies alternatives for establishing small-scale recreation
community using transferable development opportunities from
Metolius resort sites.
Directs Water Resources Department to periodically review
program for Deschutes Basin ground water study area and to report
to Legislative Assembly every five years.
Appropriates moneys to department for purpose of periodic
review program.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to the Deschutes Basin; creating new provisions;
amending sections 2, 3, 4 and 5, chapter 636, Oregon Laws 2009;
repealing ORS 540.155; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2, chapter 636, Oregon Laws 2009, is amended
to read:
{ + Sec. 2. + } As used in sections 2 to 5 { - of this 2009
Act - } { + , chapter 636, Oregon Laws 2009 + }:
{ + (1) 'Common ownership' means ownership by related family
members or by entities owned by related family members.
(2) 'Development area' means certain property within a heritage
guest ranch consisting of not more than 50 percent of the total
acreage of the heritage guest ranch.
(3) 'Heritage guest ranch' is a resort that contains tourism
amenities similar to amenities found at a guest ranch or a
destination resort, that is on two or more tracts in Deschutes
County and that:
(a) Contains at least 1,000 acres;
(b) Includes a tourism amenity, such as a golf course;
(c) Is, as of January 1, 2013, held in common ownership; and
(d) Is located on land:
(A) That is either zoned for exclusive farm use or subject to a
local zoning classification that allows multiple-use agriculture,
rural residential use or surface mining;
(B) At least two-thirds of which is mapped as eligible for
destination resort siting as provided in ORS 197.455; and
(C) A portion of which is adjacent to Whychus Creek and
includes spawning beds in which native fish have been
reintroduced. + }
{ - (1) - } { + (4) + } 'Management plan' means the
management plan for the Metolius River Basin that was recommended
to the Legislative Assembly on April 2, 2009, by the Land
Conservation and Development Commission.
{ - (2) - } { + (5) + } 'Metolius resort site' means land
mapped as eligible for destination resort siting under ORS
197.455 by Jefferson County that has not been developed as a
resort.
{ - (3) - } { + (6) + } 'Overnight lodgings' has the
meaning given that term in ORS 197.435.
{ - (4) - } { + (7) + } 'Tract' has the meaning given that
term in ORS 215.010.
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of sections 2 to 5, chapter 636, Oregon Laws 2009. + }
SECTION 3. { + (1) Subject to approval by the county that has
land use jurisdiction of a master plan that conforms to the
requirements of this section, an applicant may establish a
small-scale recreation community on a heritage guest ranch as an
outright permitted use, notwithstanding contrary provisions of:
(a) ORS chapters 195, 196, 197, 215 and 227, including
administrative rules authorized by ORS chapters 195, 196, 197,
215 and 227;
(b) Statewide land use planning goals and the administrative
rules implementing the goals; and
(c) The acknowledged comprehensive plan and land use
regulations that would otherwise apply to the development area.
(2) The development area of a small-scale recreation community
established on a heritage guest ranch may include:
(a) Restaurants, meeting and conference facilities and
commercial uses to serve the needs of visitors to the small-scale
recreation community;
(b) Developed recreational facilities, including but not
limited to tennis courts, spas, equestrian facilities, swimming
pools and bicycle and hiking paths;
(c) Up to 480 residential units, plus additional overnight
lodgings, including but not limited to single-family houses,
lodging units, cabins, condominiums, townhouses or units in
fractional ownership, that are carried out pursuant to a transfer
of development opportunities from the owner of a Metolius resort
site in an agreement described in section 3, chapter 636, Oregon
Laws 2009;
(d) Motorcoach resort facilities with up to 100 spaces;
(e) Accessory amenities and services, including golf-related
facilities and not more than one golf course developed on or
after January 1, 2013;
(f) Roads, utilities and maintenance and security facilities
that are necessary to support the development area; and
(g) Uses approved before the effective date of this 2013 Act,
whether or not such uses are yet established.
(3) Development of the development area of the small-scale
recreation community sited on the heritage guest ranch may occur
in phases at the discretion of the developer or owner and is
subject to all of the following requirements:
(a) During each phase of development, the number of units of
overnight lodgings must be at least 25 percent of the total
number of residential units and units of overnight lodgings.
(b) Overnight lodgings that are not lodging units, timeshares
or units in fractional ownership must be designed to encourage
and facilitate use as overnight lodgings and must incorporate the
following design restrictions:
(A) Detached single-family houses and cabins may not be sited
on lots or parcels that exceed 5,000 square feet;
(B) Detached single-family houses and cabins, and condominium
units and townhouses, may not exceed 1,800 square feet of living
space; and
(C) Detached single-family houses and cabins, and condominium
units and townhouses, may not have more than one single-car
garage for each unit.
(c) To minimize effects of the development area on uses on
surrounding lands, the developer or owner shall develop buffers,
including natural vegetation, fences, berms, landscaped areas and
similar types of buffers, where appropriate between the
development area and adjacent land uses.
(d) For the purpose of mitigating impacts to nearby areas as
residential units are developed, the developer or owner of the
small-scale recreation community established on the heritage
guest ranch shall cause deed restrictions to be placed on the
land to ensure that assessments are paid. Within 30 days after
the owner of a lot or parcel obtains a building permit, the owner
of the lot or parcel shall pay an assessment to offset the costs
of the increased use of capital improvements to:
(A) The closest city within 10 miles of the small-scale
recreation community, in the amount of $1,000; and
(B) The school foundation of the school district in which the
development area of the small-scale recreation community is
located, in the amount of $2,500.
(e) The developer or owner shall sell or donate any land
adjacent to, and within 100 feet of, the spawning beds of Whychus
Creek as determined by the State Department of Fish and Wildlife,
subject to a conservation easement described in paragraph (g) of
this subsection, to a nonprofit corporation that is tax-exempt
under section 501(c)(3) of the Internal Revenue Code and that has
a focus on the environment and education.
(f) If the developer or owner transfers a surface water right
to an in-stream use of water, the developer or owner is entitled
to receive a ground water right in an equal amount for the use of
the developer's or owner's choice upon request to the Water
Resources Department.
(g) The developer or owner of the small-scale recreation
community shall cause conservation easements under ORS 271.715 to
271.795 to be placed on:
(A) The inventoried spawning beds and mapped flood plain areas
of Whychus Creek. The conservation easement under this
subparagraph must limit uses in and adjacent to the spawning beds
and flood plain areas to:
(i) Recreational activities that have a low impact on the
environment, including but not limited to hiking, biking,
horseback riding and fishing;
(ii) Stream enhancement; and
(iii) Education and research.
(B) Not less than 70 percent of prime or unique farmland in the
small-scale recreation community. The conservation easement under
this subparagraph must limit the uses to:
(i) Agricultural use; and
(ii) Agricultural research performed in cooperation with an
agricultural experiment station of Oregon State University or an
agricultural science program conducted by a school district, as
defined in ORS 330.005.
(4) Roads, utility corridors and utility facilities necessary
to serve the small-scale recreation community established on the
heritage guest ranch are outright permitted uses within the
development area and on nearby lands. Roads in the development
area:
(a) Must be all-weather roads;
(b) May remain unpaved in certain areas to discourage motor
vehicle use in sensitive areas of the small-scale recreation
community; and
(c) Must be wide enough to accommodate emergency equipment.
(5) Except as provided in subsection (4) of this section, a use
authorized by this section must be constructed in the small-scale
recreation community. For purposes of this subsection, a use
approved before the effective date of this 2013 Act is not a use
authorized by this section.
(6) The developer or owner of the small-scale recreation
community established on the heritage guest ranch may submit an
application to the county that has land use jurisdiction for
approval of a master plan for the development and use of the
small-scale recreation community pursuant to this section.
(7) If a county that has land use jurisdiction receives an
application for approval of a master plan for the development and
use of the development area pursuant to this section, the county
shall approve the master plan when the developer or owner
demonstrates its intention to substantially comply with the
following requirements:
(a) Significant impacts to the important natural features of
the development area and associated property will be minimized.
(b) The development area and associated property will be
managed to provide public benefits in the form of:
(A) Wildlife and aquatic habitat improvements, including tree
planting, enhancement of riparian areas and restoration or
enhancement of areas for fish and wildlife; and
(B) Training and education programs about the environment and
sustainable farming and ranching.
(c) The development area and associated property will be
managed to support:
(A) The growth of ancillary and support businesses in the
county; and
(B) The expansion of tourism opportunities for the county.
(d) The development area and associated property will be
subject to design criteria and standards that promote
sustainability in the development area and that:
(A) Promote energy and water conservation;
(B) Minimize adverse impacts of development on fish and
wildlife; and
(C) Reduce wildfire risk.
(e) Residential development and overnight lodgings will be
clustered to lessen adverse impacts on fish and wildlife.
(f) Subject to the standards and criteria in provisions of this
section, the county will approve a final plat pursuant to ORS
92.010 to 92.192 for the lots created in the first phase of
development in the development area.
(8) The county planning director may:
(a) Approve by administrative review an amendment to an
approved master plan or an associated land division plan; or
(b) If the county planning director determines that a proposed
amendment to an approved master plan or an associated land
division plan may impact the requirements made pursuant to
subsection (7) of this section, refer the amendment to the
governing body of the county for review. If the county planning
director refers a proposed amendment to the governing body of the
county, the governing body shall approve the proposed amendment
if the master plan, as amended, or the associated land division
plan, as amended, remains consistent with the requirements of
this section.
(9) The county shall:
(a) Apply the provisions of this section and the master plan as
the only standards and criteria for approval or amendment of the
master plan and applications for associated land divisions and
development permits submitted pursuant to this section; and
(b) Process the master plan and applications for associated
land divisions as land use applications pursuant to the
procedural review provisions of the acknowledged comprehensive
plan and land use regulations. + }
SECTION 4. Section 3, chapter 636, Oregon Laws 2009, as amended
by section 1, chapter 888, Oregon Laws 2009, and section 1,
chapter 404, Oregon Laws 2011, is amended to read:
{ + Sec. 3. + } (1) Notwithstanding ORS 215.700 to 215.780,
one or two small-scale recreation communities may be established
as specified in sections 2 to 5, chapter 636, Oregon Laws 2009.
(2) If, within one year after June 29, 2009, the owner of a
Metolius resort site notifies the Department of Land Conservation
and Development that it has elected to seek approval of a
small-scale recreation community, the owner may, within six years
after June 29, 2009, apply to a county for approval of a
small-scale recreation community.
(3) A small-scale recreation community authorized under
sections 2 to 5, chapter 636, Oregon Laws 2009, may be
established only in conjunction with a transfer of development
opportunity from a Metolius resort site. A transfer of
development opportunity must be carried out through an agreement
between the owner of a Metolius resort site and the owner of the
site proposed for development of a small-scale recreation
community. In the agreement, the owner of the Metolius resort
site must:
(a) Agree to limit the use of the Metolius resort site,
consistent with the management plan in consideration for the
opportunity to participate in the development of the small-scale
recreation community; and
(b) Agree to grant a conservation easement pursuant to ORS
271.715 to 271.795 that:
(A) Limits the use of the Metolius resort site to be consistent
with the management plan;
(B) Allows public access to that portion of the site that is
not developed; and
(C) Contains other provisions, as required by the Department of
Land Conservation and Development, that are necessary to ensure
that the conservation easement is enforceable.
(4) A small-scale recreation community authorized under
sections 2 to 5, chapter 636, Oregon Laws 2009, must be
sited { + :
(a) + } On land that is within a county that has, on June 29,
2009, a seasonally adjusted average annual unemployment rate over
the preceding 10 calendar years that is more than 110 percent of
the unemployment rate for the entire state over the same period,
as reported by the Employment Department { + , + } and
{ - that - } is either:
{ - (a) - } { + (A) + } Planned and zoned for forest use;
or
{ - (b) - } { + (B) + } Rural and not subject to statewide
land use planning goals relating to agricultural lands or
forestlands { - . - } { + ; or
(b) Land that is a heritage guest ranch. + }
(5) { + Except as provided in subsection (4)(b) of this
section, + } a small-scale recreation community authorized under
sections 2 to 5, chapter 636, Oregon Laws 2009, may not be sited
on land that is:
(a) Within an area identified as 'Area 1' or 'Area 2' in the
management plan.
(b) Within an area described in ORS 197.455 in which
destination resorts may not be sited.
(c) Within an area protected by or inventoried as a significant
resource in an acknowledged comprehensive plan provision
implementing statewide land use planning goals relating to:
(A) Open space, scenic and historic areas and natural
resources;
(B) Estuarine resources;
(C) Coastal shorelands; or
(D) Beaches and dunes.
(d) Within an area identified as subject to a natural hazard by
an acknowledged comprehensive plan provision implementing a
statewide land use planning goal relating to protection from
natural hazards.
SECTION 5. Section 4, chapter 636, Oregon Laws 2009, as amended
by section 2, chapter 888, Oregon Laws 2009, is amended to read:
{ + Sec. 4. + } (1) { + When developed on land described in
section 3 (4)(a), chapter 636, Oregon Laws 2009, + } a
small-scale recreation community authorized under sections 2 to
5, chapter 636, Oregon Laws 2009, must meet the following
development standards:
(a) The community must be located on a tract that contains 320
or fewer acres of land.
(b) The community must consist of 240 or fewer units and have
as its primary purpose the provision of overnight lodging units.
(c) The community may contain one restaurant containing 5,000
or fewer square feet, and accessory uses necessary to the
operation of the community, including accessory recreational
facilities.
(d) The owner of the property must spend at least $1.5 million
on off-site resource enhancement or restoration projects on
nearby public lands that will be used by individuals from the
community.
(e) The community may not include a golf course or related
facilities.
(f) The community must be developed and operated in a
sustainable manner by meeting the following criteria:
(A) When fully developed, the community must use reclaimed
water as the primary source of water for any irrigation of
grounds.
(B) Facilities for snowmobiling or other motorized recreational
activities are not permitted.
(C) At least 50 percent of the tract on which the community is
located must be dedicated to permanent open space that is
contiguous and demonstrates the biological viability of the site
as habitat or that provides ecosystem services to the area.
(D) Significant natural resource functions and values on the
site must be preserved.
(E) Impervious surfaces, including rooftops and paved roads,
trails and parking areas may not exceed 35 percent of the total
site area.
(F) Potable water usage must achieve a 20 percent reduction
below standard code-built developments. Reclaimed water usage for
nonpotable water needs may account for the entire reduction
required.
(G) Stormwater must be managed on-site. Off-site runoff must be
limited to predevelopment runoff rates.
(H) A restaurant, lodge or other nonresidential building must
be designed and constructed to meet regionally or nationally
recognized design standards for sustainable design that are
acceptable to the county having land use jurisdiction over the
proposed development site.
(I) Residential buildings must be designed and constructed to
meet regionally or nationally recognized design standards for
sustainable design that are acceptable to the county having land
use jurisdiction over the proposed development site. The
developer must achieve certification for all buildings, with at
least 50 percent of the buildings achieving a top-tier rating
under the rating system selected.
(J) Additional housing capable of housing at least 50 percent
of the peak season employees must be provided on-site.
(2) In addition to the development standards described in
subsection (1) of this section, { + when developed on land
described in section 3 (4)(a), chapter 636, Oregon Laws 2009,
+ }a small-scale recreation community must:
(a) Develop an environmental operations manual that describes
core practices for operating the small-scale recreation
community, including:
(A) Waste reduction, recycling and diversion practices.
(B) Cleaning and site maintenance practices.
(C) Staff education practices.
(D) Commitment of the community to environmental stewardship.
(b) Establish a conservation stewardship organization, as a
separate nonprofit entity funded through income generated by the
development, that is charged with:
(A) Development of a baseline study that establishes the
current level and condition of the local environment. As part of
the baseline study, the organization must develop a long-term
stewardship plan that targets net creation and rehabilitation of
resources, on-site and off-site.
(B) Ongoing review, election and management of habitat
restoration projects that implement the goal of the long-term
stewardship plan.
(C) Education and outreach on environmental stewardship.
(c) Organize and manage volunteers working to conserve local
resources.
(d) Monitor performance of energy and water usage and site
development standards versus actual practice.
(e) Audit and publish annually a report of the community's
performance result for the preceding year.
SECTION 6. Section 5, chapter 636, Oregon Laws 2009, as amended
by section 3, chapter 888, Oregon Laws 2009, is amended to read:
{ + Sec. 5. + } (1) An application for a small-scale
recreation community under sections 2 to 5, chapter 636, Oregon
Laws 2009, may be filed only by the owner of a Metolius resort
site and the owner of the site on which development of the
small-scale recreation community is proposed and must be filed
jointly by the owners. The owners shall file a copy of the
application with the Department of Land Conservation and
Development at the same time that the owners file the application
with the county having land use jurisdiction over the proposed
development site.
{ + (2) When developed on land described in section 3 (4)(a),
chapter 636, Oregon Laws 2009: + }
{ - (2) - } { + (a) + } A county shall review an
application for a small-scale recreation community under sections
2 to 5, chapter 636, Oregon Laws 2009, as a conditional use in a
forest zone and as a land division under ORS chapter 92.
{ - (3) - } { + (b) + } In addition to the standards set
forth in sections 2 to 5, chapter 636, Oregon Laws 2009, the
small-scale recreation community must meet the land division
standards and other development standards of the county,
including standards for streets, utilities and services, unless
the standards conflict with sections 2 to 5, chapter 636, Oregon
Laws 2009. If the development standards of the county are
dependent on the zoning of the site, the county shall apply the
development standards for the county's most dense rural
residential zone.
{ - (4) - } { + (3) + } If more than two applications for a
small-scale recreation community are filed under sections 2 to 5,
chapter 636, Oregon Laws 2009, and a county has not yet approved
an application, the department shall determine which of the
applications may proceed, taking into consideration:
(a) The time at which each application was filed;
(b) The unemployment rate in the counties, if more than one
county is involved; and
(c) The findings set forth in section 1, chapter 636, Oregon
Laws 2009.
{ - (5) - } { + (4) + } When two applications for
small-scale recreation communities have been approved, additional
applications may not be considered.
{ - (6) - } { + (5) + } A county may charge a fee to cover
the costs of processing an application.
SECTION 7. { + (1) As used in this section, 'Deschutes Basin
ground water study area' has the meaning given that term in ORS
540.531.
(2) The Water Resources Department shall periodically review
the department program for the Deschutes Basin ground water study
area. The review shall include, but need not be limited to, the
identification of regulatory and statutory changes that may
improve the program in order to address and mitigate injury to
existing water rights and spring systems and to offset measurable
reductions of scenic waterway flows.
(3) The department shall report to the Legislative Assembly
every five years on outcomes of the department program for the
Deschutes Basin ground water study area. The report shall
include, but need not be limited to, program impacts on other
users of the Deschutes River Basin, the potential timing of
mitigation, identification of zones of impact, a review of
impacts on the headwaters of the Metolius River and other key
reaches of the Metolius River system, the potential timing of
federal, state and local storage improvements and other issues
identified by stakeholders. + }
SECTION 8. { + There is appropriated to the Water Resources
Department, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $100,000 for the purpose of carrying
out the provisions of section 7 of this 2013 Act relating to
review and reporting requirements for the Deschutes County ground
water study area. + }
SECTION 9. { + ORS 540.155 is repealed. + }
SECTION 10. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect
July 1, 2013. + }
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