HOUSE COMMITTEE ON LAND USE
March 23, 2005 Hearing Room 50
1:30 P.M. Tapes 44 - 45
MEMBERS PRESENT: Rep. Bill Garrard, Chair
Rep. Gordon Anderson, Vice-Chair
Rep. Mitch Greenlick, Vice-Chair
Rep. Robert Ackerman
Rep. Mary Nolan
Rep. Mac Sumner
MEMBER EXCUSED: Rep. Patti Smith
STAFF PRESENT: Sam Litke, Committee Administrator
Lindsay Luckey, Committee Assistant
MEASURES/ISSUES HEARD:
HB 2668 – Public Hearing and Work Session
HB 2755 - Public Hearing
HB 2643 - 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 44, A |
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002 |
Chair Garrard |
Calls the meeting to order at 1:35 p.m. and opens a public hearing on HB 2668. |
HB 2668 – PUBLIC HEARING |
||
010 |
Sam Litke |
Committee Administrator. Introduces the provisions of HB 2668. |
015 |
Phil Stenbeck |
Senior long range planner, Douglas County Planning Department. Submits written testimony in support of HB 2668 (EXHIBIT A). Relays that the Douglas County Board of Commissioners is the requestor. Reports that HB 2668 would expand ORS 368.351 to include interior plat lines in subdivisions and partitions. Urges support of HB 2668. |
065 |
Rep. Anderson |
Summarizes that the effect of the bill will be to simplify the process of citing businesses and states his support of the concept. |
070 |
Chuck Pearson |
County surveyor, Oregon Association of County Engineers and Surveyors. Notes supports for the concept of HB 2668 but lists several concerns including:
Expresses willingness to work on amendments to HB 2668. |
102 |
Chair Garrard |
Asks if his proposed changes are wordsmithing or philosophical. |
106 |
Pearson |
Responds that the changes are minor and would not require a complete redrafting. Recommends the addition of other sections to address his concerns. |
112 |
Rep. Ackerman |
Cites Stenbeck’s written testimony (EXHIBIT A) and asks about the support of “the amendments proposed in HB 2668”. Asks if there are amendments in progress that the committee has not seen. |
121 |
Stenbeck |
Discusses the effect of HB 2668. |
129 |
Rep. Ackerman |
Asks if by using the word “amendment” he is referring to amendments to the statute or new amendments. |
131 |
Stenbeck |
Clarifies he is referring to the changes made by HB 2668. |
134 |
Rep. Ackerman |
Asks if it is Stenbeck’s testimony that HB 2668 would eliminate the process for a lot line adjustment in a subdivision to subdivision replat. |
138 |
Stenbeck |
Responds that in the scenario given in (EXHIBIT A) a landowner could use the proposed process to expedite their needs. Continues that it does not replace or eliminate the replat, the lot line adjustment or the vacation processes. |
140 |
Chair Garrard |
Asks if Stenbeck thinks Pearson’s suggestions are needed. |
148 |
Stenbeck |
Comments that HB 2668 comes from a county’s point of view and expresses their hesitation in suggesting “ways of doing land use” within city jurisdictions. |
160 |
Chair Garrard |
Asks if HB 2668 will effect cities at this point. |
165 |
Stenbeck |
Answers that they will not at this point. |
169 |
Rep. Anderson |
Asks how they will deal with the easement problem. |
172 |
Stenbeck |
Responds that HB 2668 is strictly focused on boundary lines and may or may not have easements. |
183 |
Rep. Greenlick |
Welcomes constituents who are sitting in on the meeting. |
190 |
Chair Garrard |
Closes the public hearing on HB 2668 and opens a work session on HB 2668. |
HB 2668 – WORK SESSION |
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192 |
Rep. Greenlick |
MOTION: Moves HB 2668 to the floor with a DO PASS recommendation. |
|
|
VOTE: 6-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - P. Smith |
|
Chair Garrard |
The motion CARRIES. |
197 |
Chair Garrard |
Closes the work session on HB 2668 and opens a public hearing on HB 2755. |
HB 2755 – PUBLIC HEARING |
||
200 |
Sam Litke |
Committee Administrator. Introduces the provisions of HB 2755 and -1 Amendments (EXHIBIT B). |
251 |
Rep. Greenlick |
As a sponsor of HB 2755, defers to Tom Gallagher. |
258 |
Tom Gallagher |
Professional Land Surveryors. Introduces panel and reports support of -1 Amendments (EXHIBIT B). Mentions a concern raised about a potential Measure 37 (2004) issue and the possibility of -2 Amendments. |
279 |
Chuck Pearson |
County surveyor, Oregon Association of County Engineers and Surveyors. Submits and summarizes written testimony in support of HB 2755 (EXHIBIT C). |
311 |
Dan Linscheid |
Oregon Association of County Engineers and Surveyors and Professional Land Surveyors of Oregon. Submits written testimony in support of HB 2755 (EXHIBIT D). |
330 |
Art Schlack |
Association of Oregon Counties. Discusses concern with the removal of a provision on Page 4 of HB 2755 (6) requiring that parcels larger than 10 acres be shown on a plat. Discusses the significance of the term “lawfully created parcels” in relation to Measure 37. |
364 |
Chair Garrard |
Asks how long it will take to rework the amendments. |
368 |
Gallagher |
Responds they can provide them by next week |
370 |
Chair Garrard |
Confirms that a week from today will be sufficient. |
371 |
Chair Garrard |
Closes the public hearing on HB 2755 and opens a public hearing on HB 2643. |
HB 2643 – PUBLIC HEARING |
||
389 |
Sam Litke |
Committee Administrator. Introduces the provisions of HB 2643. |
TAPE 45, A |
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023 |
Dave Hunnicutt |
Oregonians in Action. Speaks in support of HB 2643. Cites the miszoning of rural lands as a continually prevalent issue. Discusses adherence to Land Conservation and Development Commission’s (LCDC) Goals 3 and 4 and their impacts on eastern Oregon land. Discusses efforts on the Senate side and requests time to come back with a more comprehensive solution. |
092 |
Chair Garrard |
Responds that if the Senate is not ready within a reasonable amount of time he would like to move forward on the secondary lands issue and asks Hunnicutt if he approves. |
103 |
Hunnicutt |
Responds affirmatively and reiterates necessity of addressing the issue now. |
112 |
Lane Shetterly |
Director, Department of Land Conservation and Development (DLCD). Reiterates Hunnicutt’s testimony of the comprehensive discussion around Measure 37 on the Senate side. States DLCD’s opposition to HB 2643 as a stand alone bill and submits an informational report from Ron Eber on secondary lands (EXHIBIT E). Encourages delaying proceeding with HB 2643 until cumulative impacts are known. |
155 |
Rep. Ackerman |
Asks the Chair if the committee should wait to act on HB 2643. |
159 |
Chair Garrard |
Expresses disappointment in Shetterly’s recommendation to delay and asserts that the issue of secondary lands need to be dealt with. Asks if the committee would be open to delay for the time being. |
180 |
Don Schellenberg |
Oregon Farm Bureau. Submits and reads from written testimony recommending a critical review of LCDC Goal 3 (EXHIBIT F). |
220 |
Art Schlack |
Association of Oregon Counties (AOC). Relays consensus among counties that some lands are miszoned and focuses on difficulties associated with correcting the issue. Raises concern that HB 2643 mandates counties to do work within a specific time period creating a substantial financial burden. Asserts this is an unfunded mandate under Measure 30 (1996). |
245 |
Jim Welsh |
Oregon State Grange. Submits and reads from written testimony in support of HB 2643 (EXHIBIT G). |
250 |
Chair Garrard |
Asks that the remainder of speakers signed up agree to speak at the next meeting. |
The following prepared testimony is submitted for the record without public testimony: |
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|
Elon Hasson |
1000 Friends of Oregon. Submits written testimony on behalf of Carrie MacLaren in opposition to HB 2643 (EXHIBIT H). |
255 |
Chair Garrard |
Adjourns the meeting at 2:27 p.m. |
EXHIBIT SUMMARY