Commissioners weigh in on Aspen Lakes bill

Commissioners' letter

Representative Chris Garrett, Chair

House Rules Committee

State Capitol

Salem, OR 97301

RE: HB 3536

Dear Chair Garrett and Members of the House Rules Committee:

I am writing on behalf of the Deschutes County Board of County Commissioners to provide additional comments on House Bill 3536.

Deschutes County residents are deeply committed to their communities and closely track actions that might alter the livability or future of their area. Local land use processes provide an avenue for this important voice to be heard; HB 3536 as written removes this critical process. We support DLCD's recommendation to convene a group to discuss the elements of HB 3536; however, should this bill continue forward, we strongly request that, at a minimum, the attached amendments, which have been discussed with the owners of the land that will potentially benefit from the legislation, be included in the bill.

In addition, should meetings take place regarding HB 3536 or concepts contained in the bill over the next couple of weeks or beyond, please know that Deschutes County would like to participate.

Thank you again for the opportunity to provide comments on HB 3536.

Sincerely,

Alan Unger, Chair

HB 3536-2

Replace:

Sec. 3. (2) (b) on page 2, lines 19, 20 Developed recreational facilities, including but not limited to tennis courts, spas, equestrian facilities, swimming polls and bicycle and hiking paths.

With: The development area of a small-scale recreation community established on a heritage guest ranch shall include developed recreational facilities such as golf courses, tennis courts, spas, equestrian facilities, swimming pools, bicycle and hiking paths.

Add new Section:

APPROVAL CRITERIA SMALL-SCALE RECREATION

COMMUNITY ON A HERITAGE GUEST RANCH

In order to approve a small-scale recreation community on a heritage guest ranch, the Planning Director or Hearings Body shall find from substantial evidence in the record that:

A. Negative impacts on fish and wildlife resources identified on the County's Comprehensive Plan as Significant as of January 1, 2013, shall be mitigated.

B. Important natural features, including but not limited to significant wetlands, riparian habitat, and landscape management corridors will be maintained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands will be maintained. Alterations to important natural features, including placement of structures, is allowed so long as the overall values of the feature are maintained.

C. The development will not force a significant change in accepted farm practices or significantly increase the cost of accepted farm practices on surrounding lands devoted to farm use.

D. Small-scale recreation community at a heritage guest ranch that significantly affect a transportation facility shall assure that the development is consistent with the identified function, capacity and level of service of the facility. This shall be accomplished by either:

1. Limiting the development to be consistent with the planned function, capacity and level of service of the transportation facility;

2. Providing transportation facilities adequate to support the proposed development consistent with Oregon Administrative Rules chapter 660, Division 12; or

3. Altering land use densities, design requirements or using other methods to reduce demand for automobile travel and to meet travel needs through other modes.

A small-scale recreation community at a heritage guest ranch significantly affects a transportation facility if it would result in levels of travel or access that are inconsistent with the functional classification of a facility or would reduce the level of service of the facility below the minimum acceptable level identified in the relevant transportation system plan.

a. Where the option of providing transportation facilities is chosen, the applicant shall be required to improve impacted roads to the full standards of the affected authority as a condition of approval.

Timing of such improvements shall be based upon the timing of the impacts created by the development as determined by the traffic study or the recommendations of the affected road authority.

b. Access within the project shall be adequate to

serve the project in a safe and efficient manner for each phase of the project.

E. The development will not create the potential for natural hazards identified in the County Comprehensive Plan.

No structure will be located on slopes exceeding 25 percent. A wildfire management plan will be implemented to ensure that wildfire hazards are minimized to the greatest extent practical and allow for safe evacuation.

F. The floodplain zone requirements of the applicable county shall apply to small-scale recreation community at a heritage guest ranch where applicable.

G. The landscape management corridor requirements of the applicable county shall apply to small-scale recreation community at a heritage guest ranch where applicable.

H. Adequate public safety protection will be available through existing fire districts or will be provided onsite.

according to the specification of the state fire marshal. If the small-scale recreation community at a heritage guest ranch is located outside of an existing fire district the developer will provide for staffed structural fire protection services. Adequate public facilities to provide for necessary safety services such as police and fire will be provided on the site to serve the proposed development.

I. Streams and drainage. Unless otherwise agreed to in writing by the adjoining property owner(s), existing natural drainages on the site will not be changed in any manner which interferes with drainage patterns on adjoining property. All surface water drainage changes created by the development will be contained on site in a manner which meets all standards of the Oregon State Department of Environmental Quality (DEQ). The erosion control plan for the subject development will meet all standards of ORS 468.

J. Adequate water will be available for all proposed uses at the small-scale recreation community at a heritage guest ranch.

K. The wastewater disposal plan includes beneficial use to the maximum extent practicable. Approval of the MP shall be conditioned on applicant's making application to DEQ for a Water Pollution Control Facility (WPCF) permit consistent with such an approved wastewater disposal plan. Approval shall also be conditioned upon applicant's compliance with applicable Oregon Administrative Rules regarding beneficial use of waste water, as determined by DEQ. Applicant shall receive approval of a WPCF permit consistent with this provision prior to applying for approval for its first phase of development under this section.

L. The small-scale recreation community at a heritage guest ranch will mitigate any demands it creates on publicly owned recreation facilities on public lands within or adjacent to the development.

M. The small-scale recreation community at a heritage guest ranch will be served by an on-site sewage system approved by DEQ and a water system approved by the Oregon State Health Division except where connection to an existing public sewer or water system is allowed by the County Comprehensive Plan, such service will be

provided to the small-scale recreation community at a heritage guest ranch .

N. Commercial, cultural, entertainment or accessory uses provided as part of the small-scale recreation community at a heritage guest ranch will be contained within the development and will not be oriented to public highways adjacent to the property. These uses will be permitted only at a scale suited to serve the visitors and residents of the community.

The commercial uses permitted in the small-scale recreation community at a heritage guest ranch will be limited in type, location, number, dimensions and scale (both individually and cumulatively) to that necessary to serve the needs of resort visitors and residents. A commercial use is necessary to serve the needs of visitors and residents if:

1. Its primary purpose is to provide goods or services that are typically provided to overnight , short-term visitors, and residents to the small-scale recreation community at a heritage guest ranch, or the use is necessary for operation, maintenance or promotion of the small-scale recreation community at a heritage guest ranch; and

2. The use is oriented to the small-scale recreation community at a heritage guest ranch and is located away from or screened from highways or other major through roadways.

O. A plan exists to ensure a transfer of common areas, facilities such as sewer, water, streets and responsibility for police and fire protection to owners' associations or similar groups, if contemplated. If such transfer is not contemplated, the owner or responsible party shall be clearly designated. Adequate open space, facility maintenance and police and fire protection shall be ensured in perpetuity in a manner acceptable to the County.

P. Temporary structures will not be allowed unless approved as part of the MP. Temporary structures will not be allowed for more than 18 months and will be subject to all use and site plan standards of this section.

Q. The open space management plan is sufficient to protect in perpetuity identified open space values.

R. All applicable provisions of Section 3.