Bill Text: OR SB1544 | 2012 | Regular Session | Enrolled


Bill Title: Relating to economic development; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-04-12 - Effective date, April 11, 2012. [SB1544 Detail]

Download: Oregon-2012-SB1544-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

                            Enrolled

                        Senate Bill 1544

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Business, Transportation and Economic Development)

                     CHAPTER ................

                             AN ACT

Relating to economic development; and declaring an emergency.
  Whereas Oregon needs a reliable supply of large-lot, high-value
employment sites to attract investment and create jobs for
Oregonians and to be competitive for employment projects on a
regional, national and global scale; and
  Whereas the City of Redmond contains a developable site of
approximately 465 acres that is unique in this state, in that it
is a large site that can be served readily with infrastructure,
is adjacent to the city's employment and industrial lands, is
adjacent to Oregon Route 126 and is close to the Redmond airport;
and
  Whereas the need for the site is of statewide strategic
economic development importance; and
  Whereas development on the site contributes so significantly to
the state's economy, job base and ability to provide services
that focused regulatory relief is a wise investment; and
  Whereas this property was zoned industrial in the original
comprehensive plan for the city; and
  Whereas the city zoned the site Open Space Park Reserve in 1980
at the request of Deschutes County for a fairgrounds project; and
  Whereas Deschutes County relocated the fairgrounds project to
another site, and the city has been trying to restore the
industrial zoning on the site since 2000; and
  Whereas the city has adopted a framework plan for the site that
identifies industrial zoning and service commercial zoning; and
  Whereas the city is not able to rezone the property to support
economic development opportunities because of constraints
associated with the ability to fund transportation system
improvements identified through compliance with administrative
rules adopted to implement a statewide land use planning goal
related to transportation planning and other
transportation-related regulations; and
  Whereas resources have not been identified on the property that
must be inventoried under a statewide land use planning goal
related to protection of natural resources and conservation of
scenic and historic areas and open spaces; and
  Whereas the city has determined that phased transportation
improvements to mitigate traffic impacts associated with
development of the high-value employment site are reasonable; and

Enrolled Senate Bill 1544 (SB 1544-A)                      Page 1

  Whereas the site is a unique site that was previously reserved
for industrial opportunities; and
  Whereas the site could be leveraged for regional, national and
global recruitment opportunities; and
  Whereas the city recognizes that rezoning and development of
the site may result in additional motor vehicle traffic
congestion on transportation facilities and that other providers
of transportation facilities would not be expected to provide
additional capacity for motor vehicles in response to the
congestion; now, therefore,

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) As used in this section, 'Southeast Redmond
Employment Site' means the approximately 465 acres of real
property that are located within the City of Redmond and:
  (a) Are bounded roughly on the north by East Antler Avenue
between Southeast 9th Street and Southeast 17th Street and the
coterminous city limit and urban growth boundary, on the east by
Southeast 17th Street and the coterminous city limit and urban
growth boundary, on the south by Oregon Route 126 and on the west
by Southeast 9th Street;
  (b) Can be identified as tax lots 1513150000100, 1513150000101
and 1513150000102 and that portion of 1513000000103 lying within
section 14 and located within the city on the effective date of
this 2012 Act; and
  (c) Are zoned under the Redmond Comprehensive Plan as Open
Space Park Reserve.
  (2) Notwithstanding a statewide land use planning goal related
to transportation planning and administrative rules that
implement the goal, and for the purpose of facilitating the
development of the Southeast Redmond Employment Site, the city
may adopt changes to the Redmond Comprehensive Plan and Zone Map
to implement the Eastside Framework Plan adopted by the governing
body of the city on December 9, 2008, without determining whether
the change will have a significant effect on existing or planned
transportation facilities.
  (3) If the city adopts changes authorized by subsection (2) of
this section:
  (a) The city shall adopt a zoning designation or zoning overlay
that restricts retail commercial activities allowed on the site
to activities that:
  (A) Are necessary to support the planned employment uses;
  (B) Are not large-scale retail commercial activities, as that
term is used in the land use regulations of the city; or
  (C) Help contain overall trips within the site.
  (b) The city shall adopt provisions to maintain in the site at
least one lot or parcel, as those terms are defined in ORS
92.010, of at least 50 acres and shall plan and zone the lot or
parcel for industrial or traded-sector employment use.
  (c) Subject to subsection (4) of this section, the city shall
address the transportation impacts for the Southeast Redmond
Employment Site by entering into an agreement with other
providers of transportation facilities, including but not limited
to the Department of Transportation, to plan for transportation
improvements appropriate to accommodate the amount and types of
traffic projected to be generated by development within the
Southeast Redmond Employment Site.
  (d) Within four months after the city and the department have
signed the agreement required by this section, the department

Enrolled Senate Bill 1544 (SB 1544-A)                      Page 2

shall establish an alternative mobility target for the state
highways within the affected area that results from
implementation of the agreement. By establishing an alternative
mobility target, the department does not preclude modifying the
target by agreement between the city and the department as a
result of a future update to the Transportation System Plan, a
comprehensive corridor planning approach, including the Trip 97
Study, or another system planning process. Other providers of
transportation facilities may be parties to the agreement.
  (4)(a) The city and the department must negotiate and enter
into the agreement required by this section within six months
after the city completes the planned update of the site
Transportation Impact Analysis and submits the results to the
department.
  (b) The agreement must:
  (A) Identify and list planned transportation improvements and
contain a description of the anticipated timing and financial
responsibility for funding the improvements; and
  (B) Be adopted as part of the Transportation System Plan of the
city.
  (c) The transportation improvements in the agreement must be
based on practical design principles and may be funded with
existing and planned transportation funding sources available to
the city within the planning horizon.
  (d) In the agreement required by this section:
  (A) The city must acknowledge that the full impacts of the
proposed land use action to the transportation system may not be
fully accommodated by the transportation improvements contained
in the agreement required under this section and that the
department may not be responsible for funding additional
transportation improvements to reduce motor vehicle traffic
congestion that may occur due to the development of the Southeast
Redmond Employment Site; and
  (B) The department must acknowledge that the transportation
improvements identified in the agreement may not be sufficient to
meet the Highway Mobility Targets of the department as described
in the Oregon Highway Plan.
  (e) If the city and the department cannot negotiate an
agreement within six months, the city shall construct mitigation
described in the planned update to the Transportation Impact
Analysis of the city. + }
  SECTION 2.  { + Section 1 of this 2012 Act is repealed on
January 2, 2015. + }
  SECTION 3.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
                         ----------

Enrolled Senate Bill 1544 (SB 1544-A)                      Page 3

Passed by Senate February 13, 2012

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House February 23, 2012

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 1544 (SB 1544-A)                      Page 4

Received by Governor:

......M.,............., 2012

Approved:

......M.,............., 2012

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2012

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 1544 (SB 1544-A)                      Page 5
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