SENATE COMMITTEE ON WATER AND LAND USE

 

 

February 26, 2003                                                                                                   Hearing Room D

3:00 pm                                                                                                                         Tapes 18 - 19

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

Sen. Rick Metsger

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 418 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 18, A

005

Chair Ferrioli

Calls meeting to order at 3:15 p.m. and opens public hearing on SB 418.

SB 418 – PUBLIC HEARING

010

Judith Callens

Committee Administrator. Gives overview of SB 418.

030

Don Schellenberg

Oregon Farm Bureau. Gives testimony against SB 418 (EXHIBIT A). Discusses land use planning and zoning.

060

Chair Ferrioli

Asks if farmland is being traded at rates commensurate with the production of agricultural commodities.

065

Schellenberg

Affirms and elaborates.

080

Chair Ferrioli

Comments on market values for farmland.

085

Schellenberg

Continues testimony against SB 418. Believes that to prevent land use conflicts and to maintain the farm value of the land, facilities that serve urban populations should be sited inside the urban growth boundary.

105

Sen. Atkinson

Asks about the definition of the term “rural”.

107

Schellenberg

Remarks that he  would be open to other wording to indicate that churches and schools allowed in a farm zone are there specifically to serve the people living in the farm zones.

116

Sen. Atkinson

Comments on the definition of the term “rural” as related to SB 418.

131

Chair Ferrioli

Asks if outdoors schools or rock climbing should be limited only to urban zones.

143

Schellenberg

Responds that there may be certain instances where schools could be located in a farm zone, but would require specific legislation.

155

Chair Ferrioli

Asks if schools defined as public or private K-12 schools are acceptable in farm zones.

158

Schellenberg

Affirms.

160

Chair Ferrioli

Discusses the definitions of driver training, career and commercial schools as applied to SB 418.

165

Schellenberg

Expresses his concern with allowing those types of schools in farm zones.

174

Chair Ferrioli

Asks if boarding schools should be allowed in rural areas.

177

Schellenberg

Responds that boarding schools could be allowed in rural areas.

184

Ron Eber

Department of Land Conservation and Development. Provides testimony against SB 418 (EXHIBIT B). Expresses concern about the types of schools that would be allowed in a farm zone.

200

Chair Ferrioli

Asks for the specific statutory restrictions on schools in rural areas.

213

Eber

Responds that urban uses are not allowed outside urban growth boundaries.

222

Chair Ferrioli

Asks for clarification.

227

Eber

Elaborates on the ambiguity of the law.

234

Chair Ferrioli

Asks about agriculture experimental stations in exclusive farm use areas.

238

Eber

Replies that experimental stations are sometimes located in farm use zones.

242

Chair Ferrioli

Inquires whether agriculture experimental stations serve only rural populations.

245

Eber

Responds that agriculture experimental stations provide a service to the agricultural community.

254

Chair Ferrioli

Asks for specific statutes regarding agriculture experiment stations and the definition of a school.

259

Eber

Replies that the Oregon Court of Appeals defined a school as K-12 education and expresses concern that the definition in the statute has allowed other types of schools.

276

Chair Ferrioli

Inquires if any outdoor schools that exist on land zoned for farming.

278

Eber

Offers to research the issue.

279

Chair Ferrioli

Clarifies that if there was a natural connection between the location and the type of school, he would have no objection to a school located in a farm zone.

287

Eber

Affirms.

288

Chair Ferrioli

Asks for his recommendations on the definitions of alternative schools.

300

Eber

Offers to provide that information.

304

Chair Ferrioli

Inquires if there is a statute that differentiates between vocational and K-12 schools..

308

Eber

Clarifies that they are now called career schools and offers to provide information at a later date.

324

Chair Ferrioli

Comments on the definitions of schools.

340

Martin Taylor

Oregon Chapter Sierra Club. Testifies against SB 418 (EXHIBIT C). Believes that the expanded definition of schools on exclusive farm use zoned lands erodes the protections originally sought for farm land.

TAPE 19, A

005

Sen. Atkinson

Discusses an example of a historic school existing on farm land in southern Oregon.

013

Taylor

Replies that once a structure is built, that land is rarely recovered.

017

Chair Ferrioli

Asks where the Sierra Club operates educational facilities.

024

Taylor

Offers to research information.

030

Carrie MacLaren

1000 Friends of Oregon. Provides testimony against SB 418 (EXHBIT D). Believes that SB 418 undermines Oregon’s compelling state interest to preserve agricultural lands for farm use and removes farmland from the agricultural land base.

100

Chair Ferrioli

Confirms that vocational or career schools on farm land are the primary concern of 1000 Friends of Oregon.

112

MacLaren

Affirms.

119

Chair Ferrioli

Asks whether boarding schools pose a concern.

123

MacLaren

Replies that boarding schools do not pose a concern.

140

Chair Ferrioli

Asks about vocational skill centers.

143

MacLaren

Offers to research the subject.

146

Chair Ferrioli

Requests information on the definition of vocational agricultural centers.

158

MacLaren

Clarifies that part of the concern is that accessory structures may be permitted in addition to the school building.

170

Chair Ferrioli

Further discusses the definition of schools.

183

Randy Tucker

1000 Friends of Oregon. Believes that one distinction between K-12 schools and other schools located on farm land is that K-12 schools directly serve students who live in the area.  

202

Chair Ferrioli

Requests information on rules or statutes that  limit school facilities to people who live in the community.

212

Sen. Metsger

Asks for the current legal definition of a school.

221

Judith Callens

Explains the legal definition of a school.

263

Chair Ferrioli

Summarizes SB 418. Closes public hearing on SB 418 and adjourns meeting at 3:57 p.m.

 

EXHIBIT SUMMARY

 

A – SB 418, written testimony, Don Schellenberg, 3 pp.

B – SB 418, written testimony, Ron Eber, 2 pp.

C – SB 418, written testimony, Martin Taylor, 1 p.

D – SB 418, written testimony, Carrie MacLaren, 3 pp.