197.467. ����� (8) �Speedway destination site� means a site containing a major motor speedway, associated uses and facilities and speedway supporting uses and facilities. ����� (9) �Speedway support

197.467.

����� (8) �Speedway destination site� means a site containing a major motor speedway, associated uses and facilities and speedway supporting uses and facilities.

����� (9) �Speedway supporting uses and facilities� means transient lodging, restaurants, meeting facilities and other commercial uses limited to the types and levels of use necessary to meet the needs of users and patrons of a major motor speedway.

����� (10) �Speedway theme park� means an amusement park associated with a major motor speedway and based on a speedway theme that:

����� (a) Is developed and operated primarily for the purpose of entertaining users and patrons of the major motor speedway, but available, as well, to the general public; and

����� (b) Consists of a collection of entertainment uses and facilities commonly associated with outdoor fairs and theme parks:

����� (A) Including mechanical rides, games, go-cart tracks, miniature golf courses, BMX bicycle tracks, water parks and athletic fields; and

����� (B) Not including cinemas, bowling alleys, theaters, concert halls or similar recreational or entertainment uses commonly allowed inside urban growth boundaries.

����� (11) �Transient lodging� means a unit consisting of a room or a suite of rooms that is available for a period of occupancy that typically does not exceed 30 days and for which the lodging operator:

����� (a) Charges on a daily basis and does not collect more than six days in advance; and

����� (b) Provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy. [2005 c.842 �1; 2007 c.819 �1]

����� Note: See note under 197.431.

����� 197.433 Development of major motor speedway. (1) On a site approved for development of a major motor speedway, pursuant to an exception to statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization that was acknowledged before September 2, 2005, if the site is developed and used as a major motor speedway with sanctioned, premier, high speed automobile racing within five years after the county issues a certificate of occupancy for the major motor speedway, the governing body of Morrow County or its designee may authorize the ancillary development of transient lodging, associated uses and facilities and a speedway theme park that were not previously authorized under subsection (4) of this section:

����� (a) Without taking further exception to the statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization.

����� (b) Primarily for the use of users and patrons of the major motor speedway but available, as well, to the general public.

����� (c) Without regard to the limitations on the size or occupancy of speedway-related and accessory uses and facilities specified in the findings.

����� (d) Without regard to use limitations specified in section H (10) of the June 21, 2002, findings for a multipurpose recreational facility.

����� (e) Without regard to the limitation on hours of operation specified in the findings for outdoor recreational facilities.

����� (2) The major motor speedway authorized in the findings and by this section may be developed:

����� (a) Without taking further exception to the statewide land use planning goals relating to agricultural lands, public facilities and services and urbanization.

����� (b) Without regard to the specific size, placement or configuration of the tracks specified in the findings.

����� (3) Subject to the requirements of ORS 197.610 to 197.625, notwithstanding the local process for review and approval of a proposal to amend the acknowledged comprehensive plan and land use regulations that is contained in an acknowledged comprehensive plan and land use regulations, the governing body of Morrow County may review and approve a proposal to make the changes to the acknowledged comprehensive plan and land use regulations to allow the uses authorized by this section on the site described in subsection (1) of this section through an expedited local review and approval process in which the final approval of the county may be granted after only one evidentiary hearing.

����� (4) Notwithstanding subsection (1) of this section, the governing body of Morrow County may approve the development, in conjunction with the development of the major motor speedway, but prior to the establishment of sanctioned, premier, high speed automobile racing at the major motor speedway, of up to 250 road course garage units, 100 units of transient lodging with an associated restaurant and public facilities necessary to support those uses.

����� (5) Impacts of a speedway destination site, adjacent residential development and transient lodging on the transportation system must be mitigated to the satisfaction of the Department of Transportation at the time of development. [2005 c.842 �2; 2007 c.819 �2]

����� Note: See note under 197.431.

����� 197.434 Traffic impacts of speedway destination. (1) The private developer of the speedway destination site is financially responsible for addressing, through traffic infrastructure improvements and upgrades, adverse traffic impacts that cannot be adequately mitigated, in the judgment of road authorities, through the use of temporary traffic management measures.

����� (2) The private developer, or the organizer of a specific event or activity at the speedway destination site, is financially responsible for temporary traffic management measures required to mitigate the adverse traffic impacts of events or activities at the speedway destination site.

����� (3) Notwithstanding subsections (1) and (2) of this section, transportation infrastructure projects required by the establishment and use of the major motor speedway may receive funding from any source of moneys for transportation infrastructure projects. [2005 c.842 �3]

����� Note: See note under 197.431.

DESTINATION RESORTS

����� 197.435 Definitions for ORS 197.435 to 197.467. 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 crops or products with a minimum gross value of $1,000 per acre per year. 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:

����� (a) With respect to lands not identified in paragraph (b) of this subsection, permanent, separately rentable accommodations that are not available for residential use, including 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.

����� (b) With respect to lands in eastern Oregon, as defined in ORS 321.805, permanent, separately rentable accommodations that are not available for residential use, including 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 38 weeks per calendar year through a central reservation system operated by the destination resort or by a real estate property manager, as defined in ORS 696.010. 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 on-site 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� must have developed recreational facilities provided on-site.

����� (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 that are designed to and provide for the needs of visitors rather than year-round residents. [1987 c.886 �3; 1989 c.648 �52; 1993 c.590 �1; 2003 c.812 �1; 2005 c.22 �140]

����� 197.440 Legislative findings. The Legislative Assembly finds that:

����� (1) It is the policy of this state to promote Oregon as a vacation destination and to encourage tourism as a valuable segment of our state�s economy;

����� (2) There is a growing need to provide year-round destination resort accommodations to attract visitors and encourage them to stay longer. The establishment of destination resorts will provide jobs for Oregonians and contribute to the state�s economic development;

����� (3) It is a difficult and costly process to site and establish destination resorts in rural areas of this state; and

����� (4) The siting of destination resort facilities is an issue of statewide concern. [1987 c.886 �2]

����� 197.445 Destination resort criteria; phase-in requirements; annual accounting. A destination resort is a self-contained development that provides for visitor-oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify as a destination resort under ORS 30.947, 197.435 to 197.467,