HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 03, 2003 Hearing Room HR E

8:30 A.M. Tapes  47 - 48

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Dan Doyle

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     HB 3164 – Public Hearing and Work Session

                                                HB 2912 – Public Hearing

                                                HB 2905, HB 2984, HB 2614, HB 3181, HB 3408 – Public Hearing

                                                HB 3527, HB 3558, HB 3395, HB 3315 – Public Hearing

 

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 47, A

003

Vice-Chair Zauner

Calls the meeting to order at 8:42 and opens a public hearing on         HB 3176

HB 3164 – PUBLIC HEARING

013

Paul Romain

City of North Plains. Introduces his testimony on HB 3164.

033

Don Otterman

Testifies in support of HB 3164.  Testifies to urban growth boundaries as they relate to the planned housing expansion. 

144

Romain

Submits (EXHIBIT A) – a letter to the City of North Plains, urging expansion to the north and to the east and (EXHIBIT B) – a letter from the Mayor of North Plains in support of their testimony in favor of    HB 3164 .

166

Otterman

Restates the requirements related to the 20-year supply.

171

Romain

Clarifies the geography of North Plains and the need for this legislation.  Submits (EXHIBIT C) – a letter from 1000 Friends of Oregon and the -1 amendments (EXHIBIT D) in support of HB 3164.

211

Rep. Kitts

HD 30, including the City of North Plains.  Submits (EXHIBIT E) and (EXHIBIT F) and testifies in favor of HB 3164.  States that times change and a blanket land use policy doesn’t necessarily address all the peculiarities which might arise.

254

Romain

States that HB 3164 is the right thing to do.

259

Rep. Kitts

Notes near unanimous support for HB 3164 amongst Washington County officials.

271

Rep. Doyle

Asks who the members are that support and don’t support the bill.

274

Otterman

Notes that Rep. Gallegos is neutral on the bill.

281

Rep. Doyle

Notes that this is the second session that this bill has come up. Asks about exceptions.

296

Otterman

Speaks to meeting the land requirement expansion.

305

Romain

Adds that certain lands were not suitable for structure development

325

Rep. Doyle

States concern about letting the courts decide this issue.

344

Otterman

Addresses the legal issues surrounding the issue.

379

Rep Ackerman

Asks what the status of the airport is.

383

Romain

Notes that in fact it’s not really an airport, but just an air strip and addresses development on both sides of the strip.

404

Rep. Ackerman

Asks if there are any regulations which might preclude development.

408

Romain

Defers to Pam Beery.

410

Pam Beery

City Attorney, City of North Plains.  Speaks to preemptive regulations.  Responds to Rep. Ackerman’s and Doyle’s concerns about pre-emptive regulations and litigation.  Believes that the situation is not cut and dry and better suited for the legislature to address.

TAPE 48, A

004

Rep. Doyle

States concern over continually making land-use exceptions on a case-by-case basis.

010

Beery

States that this is a very unique situation and doesn’t see a domino effect.

026

John DiLorenzo

Submits (EXHIBIT G) and testifies in opposition to HB 3164.  States that this bill allows the city to disregard land use regulations.  Adds that the bill is unnecessary as the need to extend services across the highway is already granted in ORS 197.298.

201

Rep. Doyle

States concern about the private airport on the south side of Hwy 26, and likelihood of it staying the same after the expansion of the airport.

213

Steve Pfiffer

Notes that it’s the least regulated airport in the state and should have little impact on development. 

242

Rep. Doyle

Asks about other infrastructure on the other side of HWY 26 and future plans.

248

Pfiffer

Speaks to future infrastructure projects which will be necessary to upgrade.

272

Rep. Rosenbaum

Asks if the court of appeals sides with the city, and asks whether that open the way for similar rulings.

285

DiLorenzo

Explains that those issues have already been opened up.

312

Chair Garrard

Affirms that he shares a concern with DiLorenzo in overrunning local decisions.

329

DiLorenzo

Agrees that this is also an issue on a far more global scale.  It does not just effect the City of North Plains.

346

Chair Garrard

Announces the future schedule for the committee.

378

Bill Jackson

Residents of Sunset Airstrip.  Asks Rep. Ackerman to restate his question regarding the airstrip.

402

Rep. Ackerman

States concern that the airstrip may be incompatible with residential development.

416

Jackson

Responds that there shouldn’t be a problem.

TAPE 47, B

002

Merrill Roth

Part owner of the airstrip.  Testifies that the proposed housing developments will create slum-like conditions.

019

Bob Jossy

Landowner who would be affected by the proposed development.  Submits (EXHIBIT H) and testifies in opposition to HB 3164 and states skepticism with the information of the city officials and cites a dairy farm in support of that assertion. 

097

April Jossy

Testifies in opposition to HB 3164 and reaffirms the preponderance of false information given in support of this legislation.

121

Bob Jossy

Asserts that HB 3164 is not an effective approach to land-use reform.

146

Chair Garrard

States understanding of the Jossy’s concerns.

160

Randy Tucker

1000 Friends of Oregon. Submits (EXHIBIT I) and testifies in opposition to HB 3164 and addresses concerns with Romain’s assertions.  Asserts that the expansion of the city of North Plains has the potential to compromise some of the best farmland in the state.

203

Don Schellenberg

Oregon Farm Bureau (OFB).  Submits (EXHIBIT J) and      (EXHIBIT K).  States that this legislation bypasses local control and that the legislature is not an appropriate forum for this issue.

238

Rep. Zauner

Asks if this land will be developed in our lifetimes.

241

Tucker

Notes that it is hard to predict, but the possibility does exist.

263

Schellenberg

States that he believes that it will be developed under the current land use laws.

271

Tucker

States 1000 Friends’ concern with North Plains coordinating with the nearby urban area.

289

Rep. Doyle

References the 1999 letter and asks Tucker to address it.

291

Tucker

Notes that the letter came about before his time working on this issue.  States that the letter does seem consistent with their position.

335

Romain

States a problem with LCDC’s reasoning in that the city shouldn’t move south.  Addresses that the city could move in different directions.

375

Beery

Rebuts financial assertions by the opponents of HB 3164. 

420

DiLorenzo

Reaffirms that this is a narrow bill, but broad in its implications. Restates concern with the precedent this bill brings about.

TAPE 48, B

015

Chair Garrard

Closes the public hearing on HB 3164 and opens a work session on     HB 3164.

HB 3164 – WORK SESSION

016

Rep. Richardson

MOTION:  Moves to ADOPT HB  3164-1 amendments dated 4/2/03.

021

Rep. Doyle

References ORS in relation to the issues addressed by HB 3164 and asserts that this amendment is too broad for this kind of decision.

041

 

VOTE:  5-2

AYE:               5 - Ackerman, Greenlick, Richardson, Zauner, Garrard

NAY:               2 - Doyle, Rosenbaum

043

Chair Garrard

The motion CARRIES.

044

Rep. Richardson

MOTION:  Moves HB  3164 to the floor with a DO PASS AS AMENDED recommendation.

046

Rep. Doyle

Reaffirms concern for the piecemeal approach taken to land use policy.  Thinks the broad policy needs to be discussed.

096

Rep. Rosenbaum

Affirms support for Rep. Doyle’s position.  States serious concerns with the bad precedent set here. 

115

Rep. Zauner

States that he also struggles with this legislation, but affirms that he will vote yes as a courtesy. 

134

 

VOTE:  5-2

AYE:               5 - Ackerman, Greenlick, Richardson, Zauner, Garrard

NAY:               2 - Doyle, Rosenbaum

141

Chair Garrard

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

150

Chair Garrard

Closes the public hearing on HB 3164 and opens a work session on     HB 3164.

HB 2912 – PUBLIC HEARING

160

Ray Kelly

Summarizes HB 2912.

170

Jon Chandler

Submits (EXHIBIT L) and testifies in favor of HB 2912.  States that this bill will provide thoughtful analysis to our land use planning system and that our system is too important to let it drift without thoughtful analysis.

280

Chair Garrard

Closes the public hearing on HB 2912 and opens a public hearing on     HB 2905.

HB 2905 – PUBLIC HEARING

283

Chair Garrard

Closes the public hearing on HB 2905 and opens a public hearing on     HB 2984.

HB 2984 – PUBLIC HEARING

286

Chair Garrard

Closes the public hearing on HB 2984 and opens a public hearing on     HB 2614.

HB 2614 – PUBLIC HEARING

289

Chair Garrard

Closes the public hearing on HB 2614 and opens a public hearing on     HB 3181.

 

HB 3181 – PUBLIC HEARING

292

Chair Garrard

Closes the public hearing on HB 3181 and opens a public hearing on      HB 3408.

HB 3408 – PUBLIC HEARING

295

Chair Garrard

Closes the public hearing on HB 3408 and opens a public hearing on     HB 3527.

HB 3527 – PUBLIC HEARING

298

Chair Garrard

Closes the public hearing on HB 3527 and opens a public hearing on      HB 3558.

HB 3558 – PUBLIC HEARING

301

Chair Garrard

Closes the public hearing on HB 3558 and opens a public hearing on    HB 3395.

HB 3395 – PUBLIC HEARING

304

Chair Garrard

Closes the public hearing on HB 3395 and opens a public hearing on    HB 3315.

HB 3315 – PUBLIC HEARING

307

Chair Garrard

Closes the public hearing on HB 3315 and adjourns the meeting at 10:35 AM.

 

 

EXHIBIT SUMMARY

 

A – HB 3164, written testimony, Paul Romain, 2 pp.

B – HB 3164, written testimony, Paul Romain, 1 p.

C – HB 3164, written testimony, Paul Romain, 2 pp.

D – HB 3164, -1 amendments, Paul Romain, 1 p.

E – HB 3164, written testimony, Rep. Derrick Kitts, 7 pp.

F – HB 3164, written testimony, Rep. Derrick Kitts, 2 pp.

G – HB 3164, written testimony, John DiLorenzo, 20 pp.

H – HB 3164, written testimony, Bob Jossy, 2 pp.

I – HB 3164, written testimony, Randy Tucker, 2 pp.

J – HB 3164, written testimony, Don Schellenberg, 1 p.

K – HB 3164, written testimony, Don Schellenberg, 2 pp.

L – HB 3164, written testimony, Jon Chandler, 1 p.