SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

January 19, 2005                                                                                                     Hearing Room B

3:00 P.M.                                                                                                                         Tapes  4 - 5

Revised 03/04/2005

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen.  Jason Atkinson, Vice-Chair

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                 Measure 37: Lot of Record – Informational Meeting

 

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 4, A

005

Chair Ringo

Calls meeting to order at 3:05 p.m. Opens informational meeting on Measure 37: Lot of Record.

MEASURE 37: LOT OF RECORD – INFORMATIONAL MEETING

010

Chair Ringo

Introduces committee staff. Makes opening comments regarding Measure 37 and Lot of Record issue.

045

Ron Eber

Department of Land Conservation and Development. Introduces himself. Submits written testimony and highlights contents (EXHIBIT A). States background information and history on Lot of Record. Gives details about dwellings that have been approved and under what circumstances one can get a Lot of Record dwelling.

145

Eber

Makes closing statements.

150

Sen. Burdick

Asks how many dwellings have been established in Lane and Washington Counties under the Marginal Lands System.

155

Eber

Offers to return information to the committee.

165

Chair Ringo

Asks why other counties did not adopt the Marginal Lands System.

170

Eber

Discusses reasons why other counties did not adopt the Marginal Lands System. Discusses reasoning behind Lot of Record.

195

Chair Ringo

Verifies that the reason behind Lot of Record and the motivation to restrict the number of dwellings on farmland was to preserve farmland and a farm economy.

200

Eber

Clarifies reason for Lot of Record and restrictions on the number of dwellings on farmland. Discusses difficulty of determining whether a dwelling is directly related to farm or forestry purposes.

230

Harlan Levy

Senior Staff Attorney, Oregon Association of Realtors (OAR). Introduces himself. Submits and reads written testimony (EXHIBIT B).  Makes opening remarks regarding Lot of Record.

260

Levy

Relates personal experience with Lot of Record.

300

Levy

Makes comparisons between different states regarding land use restrictions.

335

Levy

Urges committee to pass a new Lot of Record bill that would allow people to build a home on their farmland. States that they will be bringing this bill forward.

355

Sen. Beyer

Asks whether that isn’t what Measure 37 did.

356

Levy

Discusses uncertainty in Measure 37. States that they are looking for a simple law that would clarify uncertainty.

388

Chair Ringo

Clarifies that witness is speaking of current criteria and that witness would like to see a Lot of Record that is more flexible and broad.

390

Levy

Confirms this.

395

Sen. Beyer

Addresses the uncertainty of Measure 37 and discusses what Measure 37 will do.

405

Levy

Believes that some local governments will try to undermine what the Measure 37 says. Discusses concerns about the compensation law and the possibility of new taxes.

425

Sen. Beyer

Clarifies what he thinks Measure 37 says and asserts that passing a new Lot of Record would not completely fix the problem.

445

Levy

States concern about the transferability problem. Requests that a new Lot of Record bill be passed so there is not question of transferability to subsequent buyers.

465

Sen. Beyer

Sees this bill as redundant.

470

Levy

Expresses that the OAR sees this bill as parallel.

TAPE 5, A

030

Chair Ringo

Addresses interpretation of statutes by local government and land use lawyers.

035

Levy

States that Measure 37 will take a lot of time in the courts. Urges legislature to pass a bill.

045

Chair Ringo

Asks where the bill will be introduced.

047

Levy

Says that it is being drafted.

050

Chair Ringo

Discusses the abuse he has heard of in Lot of Record. Asks Levy to address this issue.

055

Levy

Discusses minimum lot sizes and details proposal regarding this.

065

Chair Ringo

Asks for clarification about several tax lots on one farm.

066

Levy

Expresses purpose of proposal and offers to insert language into bill draft to prevent abuses.

070

Sen. Beyer

Expresses opinion about language and discusses how this affects value.

075

Levy

Clarifies purpose of bill. Comments about Measure 37.

090

Sen. Burdick

Asks if witness is willing to add right to farm provisions to bill.

095

Levy

Discusses position on the provisions and right to farm (ORS 30.930).

110

Sen. Burdick

Relates a story previously in the news. Asks about disclosure requirements for buyers.

120

Levy

Discusses what realtors must disclose to buyers required by state statutes.

135

Mike McCarthy

Pear farmer from Parkdale, Oregon in Hood River County. Introduces himself. Makes opening remarks regarding his farm.

150

McCarthy

Discusses his position on land use and farming and discusses parcel sizes.

180

McCarthy

Urges committee to help protect his right to farm.

185

Chair Ringo

Asks how many acres he has.

190

McCarthy

1000 acres which consists of 50 lots.

193

Sydney Blaine

Farmer in two counties. Introduces herself. Makes opening remarks. Explains her position on Lot of record.

210

Blaine

Urges committee to think it through before passing a Lot of Record law.

212

Chair Ringo

Asks witnesses if they would find the Lot of Record Law presented previously by Harlan Levy objectionable.

220

McCarthy

Explains that the impact should be looked at before a Lot of Record bill is passed.

230

Carrie MacLaren

Staff Attorney, 1000 Friends of Oregon. Introduces herself. Submits written testimony (EXHIBIT C).

285

Chair Ringo

Clarifies the minimum lot size to build a house on high value farm land.

287

MacLaren

Discusses lot sizes and other factors.

290

Chair Ringo

Clarifies that if it is not high value farmland then there is no minimum lot size.

295

MacLaren

Confirms this. Displays visual aid map and explains visual aid.

325

Chair Ringo

Questions witness regarding the idea of building a single dwelling on a lot of land brought up by Harlan Levy.

335

MacLaren

Discusses provisions for this and details of provisions.

390

MacLaren

Explains that farm income standards for farm dwellings do not prohibit farmers from building a dwelling on their lot. Talks regarding the income of farmers and the agricultural economy in Oregon and how that is possible. Makes closing remarks.

TAPE 4, B

020

Chair Ringo

Asks question regarding the classification of high value farm land.

025

MacLaren

Points out that today there is the ability to get soil classified, although that doesn’t produce perfect results. Discusses reclassification.

060

Dave Vanasche

Vanasche Family Farms in Washington County. Responds to earlier question by Sen. Burdick. Discusses the conflicts encountered.

075

Vanasche

Discusses his position on Measure 37.

085

Vanasche

Discusses the agricultural economy in Oregon. Discusses the climate in Oregon and how that is beneficial for the agricultural economy.

100

Vanasche

Discusses the addition of dwellings to farmland. Discusses the conflict issues that will arise from Measure 37 and what will happen if neighbors begin to develop their land.

125

Vanasche

Discusses the $80,000 dwelling standard and adding tracts together.

135

Ellyn McNeil

Farmer in Washington County. Introduces herself. Makes opening statements regarding her farms.

145

McNeil

States concern about more houses being built in her area and how this will affect the ability to farm. Expresses concern about land being parceled because this means that there will be less land to farm.

175

McNeil

Discusses issue of fairness. Expresses concern about farming next to non-farming houses.

195

Sen. Beyer

Asks witnesses if they have had any action taken against them.

200

Vanasche

Relates personal story about previous action taken. Discusses the agricultural dealerships in Washington County. Discusses losing the infrastructure in his county and how that would affect him.

235

Sen. Beyer

Reiterates question to other witness.

237

McNeil

Relates personal story.

255

Vanasche

Discusses the number of dwellings that could be built on the farm land his family owns. Discusses the movement of farm equipment.

280

Peter Kenagy

Farmer in Benton County. Introduces himself. Makes opening comments. States his opinion on the Lot of Record issue. Discusses his observations of lack of farmland preservation in other states.

305

Kenagy

Brings up the point of extra cost for building more houses. Believes that this is not a wise use of resources.

320

Kenagy

Discusses the responsibility of property owners and property rights.

335

Kenagy

Discusses his experience with Lot of Record in Benton County, believes “loopholes” should be cleared up.

345

Kenagy

Discusses the issue of transferability.

355

Kenagy

Discusses the issue of allowing additional dwellings on farm land.

380

Art Schlack

Association of Oregon Counties. Introduces himself. Makes opening remarks regarding Lot of Record.

425

Schlack

Discusses zoning, lot sizes and the changes that have occurred over the years. Comments on a standard date with a Lot of Record bill.

TAPE 5, B

030

Schlack

Discusses property rights. Discusses Lot of Record. Suggests Tract of Record instead of Lot of Record that was discussed.

055

Schlack

Offers assistance of Association of Oregon Counties for an effort to bring the counties together for a discussion about a Tract of Record.

060

Chair Ringo

Closes informational meeting. Adjourns meeting at 4:34 p.m.

 

 

EXHIBIT SUMMARY

 

A.     Measure 37, written testimony, Ronald Eber, 17 pp

B.     Measure 37, written testimony, Harlan Levy, 3 pp

C.     Measure 37, written testimony, Carrie MacLaren 4 pp