Bill Text: OR HB3347 | 2011 | Regular Session | Introduced
Bill Title: Relating to resort development in Deschutes County; declaring an emergency.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3347 Detail]
Download: Oregon-2011-HB3347-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2578
House Bill 3347
Sponsored by Representative WHISNANT; Representatives CONGER,
HUFFMAN, MCLANE, Senator ATKINSON
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.
Authorizes Pine Forest Development, LLC, to develop
approximately 617-acre resort. Exempts development from statutes
relating to destination resorts and other specified land use
statutes, statewide land use planning goals and provisions of
Deschutes County's acknowledged comprehensive plan and land use
regulations.
Authorizes Caldera Springs Destination Resort to remove deed
restrictions and restrictive covenants related to overnight use
of residential units for specified payment to Deschutes County.
Requires Deschutes County, upon receipt of payment, to form
sanitary authority.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to resort development in Deschutes County; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 4 of this 2011 Act:
(1) 'Development area' means the Pine Forest Development Area,
which is that certain real property owned on June 1, 2011, by
Pine Forest Development, LLC, consisting of approximately 617
contiguous acres in Deschutes County in portions of sections 8,
9, 16, 17, 20 and 21, township 20 south, range 11 east.
(2) 'Owner' means the Pine Forest Development, LLC, or its
successor in interest to the Pine Forest Development Area. + }
SECTION 2. { + (1) Subject to subsection (2) of this section
and subject to approval of a master plan submitted to Deschutes
County within seven years after the effective date of this 2011
Act, the owner of the Pine Forest Development Area may develop a
resort in the development area as an outright permitted use:
(a) Notwithstanding provisions of ORS 92.010 to 92.192 that
establish time frames for submission of a final subdivision plat
after tentative approval of a proposed subdivision plat.
(b) Notwithstanding ORS 197.435 to 197.467.
(c) Notwithstanding the lot size and dwelling standards of ORS
215.700 to 215.780.
(d) Without taking an exception under ORS 197.732 to any of the
statewide land use planning goals.
(e) Notwithstanding provisions of the acknowledged
comprehensive plan or land use regulations of Deschutes County
except as provided otherwise in sections 1 to 4 of this 2011 Act.
(f) Without adopting changes to the acknowledged comprehensive
plan or land use regulations of Deschutes County.
(2) The owner may pursue the development described in
subsection (1) of this section if:
(a) Deschutes County receives payment described in section 3 of
this 2011 Act within 180 days after the effective date of this
2011 Act;
(b) The owner submits an application for approval of a master
plan under subsection (5) of this section within seven years
after the effective date of this 2011 Act; and
(c) The owner obtains the land use approvals required by
sections 1 to 4 of this 2011 Act.
(3) Upon satisfaction of the requirements of subsections (1)
and (2) of this section, the owner of the development area may
develop in the development area:
(a) Up to 925 residential units, including single-family
detached houses, cabins, condominiums, townhouses, time-share and
lodging units for use as permanent residences, rental units or
transient lodging units.
(b) Restaurants, meeting facilities, commercial and mixed uses
necessary to meet the needs of visitors to the development area.
(c) Developed recreational facilities, including, but not
limited to, tennis courts, swimming pools, an equestrian center
and bicycle paths. Developed recreational facilities may not
include a golf course.
(d) Basic service uses and all utility, maintenance and
security facilities necessary to support the development.
(4) Development in the development area is subject to the
following requirements:
(a) At least 50 percent of the development area must be
dedicated to permanent open space, excluding streets and parking
areas.
(b) At least 25 percent of the residential units, including
units in a recreational vehicle-oriented development, must be
designed to encourage and facilitate use as overnight lodging
accommodations and the units must incorporate the following
design restrictions:
(A) Single-family detached houses may not be sited on lots or
parcels that exceed 7,000 square feet.
(B) Single-family detached houses, condominium units and
townhouses may not exceed 2,000 square feet.
(C) Single-family detached houses, condominium units and
townhouses may be developed with one single-car garage for each
unit.
(c) The owner shall retain important natural features,
including habitat of threatened or endangered species, streams,
rivers and significant wetlands. The owner may alter important
natural features, including the placement of structures, so long
as the overall values of the feature are maintained.
(d) To avoid or minimize adverse effects of the development on
uses on surrounding lands, the owner shall develop buffers
between the development and adjacent land uses, including natural
vegetation and, where appropriate, fences, berms, landscaped
areas and similar types of buffers.
(e) Roads, utility corridors and utility facilities necessary
to serve the development area are outright permitted uses within
the development area and on nearby lands without taking an
exception under ORS 197.732 to the statewide land use planning
goals or changing the acknowledged comprehensive plan or land use
regulations of Deschutes County.
(f) The owner shall develop the development area in
consultation with the State Department of Fish and Wildlife to
minimize impacts on wildlife.
(g) The owner shall develop the development area in
consultation with the State Forestry Department to minimize
wildfire risks.
(h) The owner may develop the development area in one or more
phases.
(5) The owner may submit an application to Deschutes County for
approval of a master plan for the development and use of the
development area. The master plan must:
(a) Demonstrate that development will occur in compliance with
the requirements of sections 1 to 4 of this 2011 Act.
(b) Include a proposed subdivision plat to create lots for the
first phase of development in the development area.
(c) Include a traffic study, prepared by a licensed
transportation engineer, that:
(A) Addresses the impacts of the development on affected state
highways, county roads and city streets.
(B) Identifies transportation improvements needed to mitigate
the impacts.
(C) Is submitted to the Department of Transportation for review
when submitted to Deschutes County as part of the master plan.
(6) The master plan and associated land division plans:
(a) Govern development of the development area in perpetuity.
(b) May be amended at any time following an administrative
review by Deschutes County and shall be approved by Deschutes
County if the amended master plan would remain consistent with
the requirements of sections 1 to 4 of this 2011 Act.
(7) Deschutes County shall:
(a) Apply only the provisions of sections 1 to 4 of this 2011
Act as standards and criteria for approval or amendment of the
master plan and associated land division applications and
development permit applications submitted pursuant to sections 1
to 4 of this 2011 Act.
(b) Process the master plan and associated land division
applications pursuant to the procedural review provisions of the
acknowledged comprehensive plan and land use regulations.
(c) Condition final approval of the master plan and associated
land division applications upon a requirement that the owner pay
$1,500 to the South County Sanitary Authority established under
section 4 of this 2011 Act for each residential unit in the
development area upon:
(A) Final plat approval for each individual residential unit in
the development area; and
(B) The issuance of a building permit for each individual
residential unit in the development area.
(8) Spending required under subsection (7) of this section is
stated in 2011 dollars. The spending required must be adjusted to
the year in which calculations are made in accordance with the
Portland-Salem, OR-WA, Consumer Price Index for All Urban
Consumers for All Items, as published by the Bureau of Labor
Statistics of the United States Department of Labor.
(9) Development and construction of uses within the development
area may proceed when the master plan has been approved and the
final subdivision plat for the phase has been recorded.
(10) The development opportunities provided by sections 1 to 4
of this 2011 Act are fully transferable and run with the land in
the event of a change of ownership of the development area.
(11) Seven years after the effective date of this 2011 Act,
sections 1 to 4 of this 2011 Act are void and have no further
effect unless the owner has applied to Deschutes County for
approval of a master plan under sections 1 to 4 of this 2011
Act. + }
SECTION 3. { + (1) Within 180 days after the effective date of
this 2011 Act, if the owner of Caldera Springs Destination Resort
pays $3,000 to Deschutes County for each residential unit or lot
in the destination resort that is subject to a recorded
restrictive covenant requiring the residential unit to be
available for overnight rental use for at least 45 weeks per
year, the owner, with the written approval of the owner of the
individual residential units or lots, may request that Deschutes
County and any other necessary party remove or amend the
restrictive covenant, notwithstanding:
(a) Any land use approval or condition of approval applicable
to Caldera Springs Destination Resort;
(b) Any improvement agreement between the owner of Caldera
Springs Destination Resort and Deschutes County;
(c) ORS 197.435 to 197.467;
(d) Statewide land use planning goals; and
(e) Provisions of the acknowledged comprehensive plan and land
use regulations of Deschutes County that limit uses of
forestlands or that regulate destination resorts.
(2) If payment is made under this section and the owner of the
Caldera Springs Destination Resort makes a written request to
Deschutes County, the county shall take the action required to
remove or amend the restrictive covenant, and restrictions or
agreements related to the restrictive covenant, within 30 days
after receipt of the written request.
(3) When payment is made under this section and the deed
restriction or restrictive covenants are removed or amended, the
owner of the Caldera Springs Destination Resort is relieved of
any obligation to:
(a) Guarantee through surety bonding or equivalent financial
assurances the construction of the overnight lodging units in the
destination resort; and
(b) Comply with a deed restriction or other restrictive
covenant requiring individually owned residential units used as
overnight lodging units to be available for overnight rental use
by the general public for at least 45 weeks per calendar year.
(4) Residential units within Caldera Springs Destination
Resorts for which a deed restriction or restrictive covenant has
been removed or amended pursuant to this section are overnight
lodging for purposes of a land use decision or condition of
approval applicable to Caldera Springs Destination Resort. + }
SECTION 4. { + (1) Within 180 days after the owner of the
Caldera Springs Destination Resort makes the payment described in
section 3 of this 2011 Act, the governing body of Deschutes
County shall initiate the formation of a sanitary authority under
ORS 450.600 to 450.989, to be known as the South County Sanitary
Authority, in the manner provided in ORS 198.835. The order must:
(a) Set forth the name of the district and the boundaries as
determined by the governing body of the county.
(b) Fix a place and a time, not less than 20 days nor more than
50 days after the date of the order, for a final hearing on the
order. The governing body of the county shall cause notice of the
hearing to be given by publication.
(c) Declare that written requests for an election will not be
accepted.
(2) At the time of the final hearing, the governing body of the
county shall enter an order forming the South County Sanitary
Authority.
(3) The question of formation of the South County Sanitary
Authority is not subject to a vote of electors.
(4) After three years have passed from the date of formation of
the South County Sanitary Authority, the order of the governing
body of the county forming the sanitary authority is subject to
referendum by electors within the jurisdiction of the sanitary
authority.
(5) Notwithstanding contrary provisions of ORS 450.790, the
governing body of the county shall appoint five members to the
initial board of directors of the sanitary authority.
(6) Because district elections are conducted in odd-numbered
years under ORS 255.335 and based on the timing of the formation
of the sanitary authority, the members of the initial board shall
serve staggered terms of office as follows:
(a) Three members shall serve three-year or four-year terms,
expiring on June 30 of the odd-numbered year in which an election
is held to fill the positions; and
(b) Two members shall serve one-year or two-year terms,
expiring on June 30 of the odd-numbered year in which an election
is held to fill the positions.
(7) The Pine Forest Development Area may not be included within
the jurisdiction of the South County Sanitary Authority.
(8) The South County Sanitary Authority may exercise the
authority granted by ORS 450.830 without:
(a) Taking an exception under ORS 197.732 to any statewide land
use planning goal; and
(b) Any change in the acknowledged comprehensive plan or land
use regulations of Deschutes County. + }
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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