HOUSE COMMITTEE ON LAND USE

 

 

March 07, 2005   Hearing Room 50

1:30 P.M. Tapes  34 - 35

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Mitch Greenlick, Vice-Chair

Rep. Robert Ackerman

Rep. Mary Nolan

Rep. Patti Smith

Rep. Mac Sumner

 

STAFF PRESENT:                  Sam Litke, Committee Administrator

Lindsay Luckey, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 2582 – Public Hearing and Work Session

                                                HB 2268 – Work Session

                                                Introduction of committee measures

 

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 34, A

002

Chair Garrard

Calls the meeting to order at 1:35 p.m. and opens a public hearing on HB 2582.

HB 2582 – PUBLIC HEARING

005

Sam Litke

Committee Administrator.  Introduces the provisions of HB 2582.

021

Rep. Wayne Scott

HD 39, Sponsor of HB 2582.  Explains background of HB 2582. 

048

Brett Kacalek

Earthworks Landscape Services.  Speaks in support of HB 2582.  Describes his intention of running a nursery as a primary use and a landscaping company as a secondary use out of existing buildings.  Explains the history of their situation and frustrations with current zoning laws.   

099

Rod Kacalek

Earthworks Landscape Services.  Reiterates B. Kacalek’s testimony.  Reports their desire to operate legally and their frustration after exhausting all other avenues. 

109

Rep. Sumner

Asks if they plan to operate a retail operation from their site.

111

B. Kacalek

Responds it would be a whole sale nursery.

113

Rep. Sumner

Asks what additions would be outside of a normal nursery operation.

145

B. Kacalek

Responds that there would not be anything not on a normal nursery operation but the change would allow them to grow for their own wholesale needs.  Gives the example of aquatic plants.

121

Rep. Anderson

Asks how many other operations might be able to use provision.

123

B. Kacalek

Responds that he doesn’t know.  Comments on four to six other owners in his areas currently running a joint operation but out of compliance.

130

Rep. Anderson

Asks what specific changes would be made.

135

R. Kacalek

Explains that the only change from a standard nursery operation would be a few more trucks and equipment coming from and going to their property.  Points out that the increased traffic is significantly less than a large scale nursery operation.

152

Rep. Anderson

Asks if it would also include row crops operations.

155

B. Kacalek

Ask for clarification of the question.

157

Rep. Anderson

Asks what difference there is between what they intend to do and someone operating a wholesale operation for carrots as an example.

161

B. Kacalek

Responds that Anderson’s example is already permitted under state law.   Continues that the difference is running a commercial business that is not directly tied to agricultural commodities off the same property.

169

Rep. Anderson

Asks if most would be off site.

170

B. Kacalek

Responds affirmatively.

173

Chair Garrard

References the history of their situation noting that their application for a conditional use permit was approved by Marion county planning staff as a commercial activity in conjunction with a farm use and on appeal the county officer denied the request.  Asks why the permit was appealed.

178

B. Kacalek

Responds that the property owner who appealed the decision was against any development of the property.  Explains that only legitimate challenge raised was the conflict between Marion County zoning laws and State of Oregon zoning laws.

210

Chair Garrard

Asks if they appealed the hearings officer’s denial.

211

B. Kacalek

Responds that they were advised not to and were unable to invest more time and money.

215

Chair Garrard

Asks if that process would include going through Marion county commissioners.

220

B. Kacalek

Responds affirmatively.  Reiterates broader benefits of bill.

230

Bill Cross

Oregon Landscape Contractors Association.  Speaks in support of HB 2582.  Speculates on number of operators effected beyond Kacalek situation.

254

Jerry Ingle

Owner, Living Color Nursery LLC.  Describes his landscape and nursery operations from single property and explains the benefits of co-location.  Urges support of HB 2582.

373

Chair Garrard

Closes public hearing on HB 2582 and opens a work session on HB 2582.

HB 2582 – WORK SESSION

375

Rep. Greenlick

MOTION:  Moves HB 2582 to the floor with a DO PASS recommendation.

380

Rep. Anderson

Comments that this case is representative of their goal to help small businesses add jobs and be more efficient.

391

Rep. Sumner

States the importance of passing HB 2582, noting the detrimental effects of moving related commercials operation away from farms.

406

Rep. Greenlick

Stresses the need to review the language of conditional use in the future.  Cites this and other specific cases and asserts that related businesses should be allowed to be zoned together. 

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

435

Chair Garrard

The motion CARRIES.

REP. SCOTT will lead discussion on the floor.

440

Chair Garrard

Closes the work session on HB 2582 and opens a work session on HB 2268.

TAPE 35, A

HB 2268 – WORK SESSION

018

Sam Litke

Committee Administrator.  Reviews the provisions of HB 2268, public hearing and work group formed.  Introduces the -1 Amendments (EXHIBIT A).

044

Wendy Johnson

Deputy Director, Oregon Law Commission.  Explains that the -1 amendments (EXHIBIT A) replace the word “served” in Section 8 of HB 2268 assuring that the documents would not require formal service.  

058

Chair Garrard

Asks for a brief synopsis of the work group and why they were unable to come to consensus.

060

Wendy Johnson

Reports that HB 2268 and HB 2255 had different purposes.  Explains that HB 2255 dealt with amending appraisals.

065

Rep. Ackerman

MOTION:  Moves to ADOPT HB 2268-1 amendments dated 3/4/05.

 

 

VOTE:  7-0-0

 

Chair Garrard

Hearing no objection, declares the motion CARRIED.

070

Rep. Ackerman

MOTION:  Moves HB 2268A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Garrard

The motion CARRIES.

075

Rep. Greenlick

MOTION:  Moves HB 2268A be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

078

Chair Garrard

The motion CARRIES.

115

Chair Garrard

Closes the work session on HB 2268 and opens a work session to introduce committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

143

Sam Litke

Committee Administrator. Introduces LC drafts 1144 (EXHIBIT B), 1747 (EXHIBIT C), 2834 (EXHIBIT D), 3344 (EXHIBIT E), 2820 (EXHIBIT F), 2149 (EXHIBIT G).

163

Rep. P. Smith

MOTION:  Moves LC's:  2149, 2834, 1747, 1144, 2820, 3344 BE INTRODUCED as committee bills.

167

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

170

Chair Garrard

The motion CARRIES.

172

Rep. P. Smith

Asks if there will be a Friday meeting.

193

Sam Litke

Committee Administrator.  Responds affirmatively.

200

Rep. Greenlick

Notes out-of-building meetings with other committees on Fridays.

209

Rep. Nolan

Requests that the Land Use Committee not schedule a meeting on April 22nd. 

223

Chair Garrard

Adjourns the meeting at 2:19 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2268, -1 Amendments, Wendy Johnson, 1 p
  2. Introductions, LC 1144, Staff, 1 p
  3. Introductions, LC 1747, Staff, 10 pp
  4. Introductions, LC 2834, Staff, 11 pp
  5. Introductions, LC 3344, Staff, 4 pp
  6. Introductions, LC 2820, Staff, 2 pp
  7. Introductions, LC 2149, Staff, 189 pp