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|Articles - September 2013|
|Monday, August 19, 2013|
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If the property-rights movement has experienced ups and downs, so too has the housing industry, which is perhaps most affected by growth boundaries. Oregon’s population was just 2.4 million in 1973 when Senate Bill 100 passed but reached 3.9 million in 2012. As planners have sought to limit growth-boundary expansions and promote high-density housing, “we’ve done a really good job of saying what we don’t want: sprawl,” says Jon Chandler of the Oregon Home Builders Association. “But we’ve done a bad job of saying what we do want.”
Chandler believes there is a disconnect between “what we want and how it is on the ground. It’s one thing to target an area around transit nodes for high-density condos and apartments,” he says, but particularly outside Portland the market isn’t always ready for it. “It doesn’t matter what the planning calls for if we can’t finance, build and sell it. The real-estate market has regulations from lenders, expectations from customers; it is driven by profit. Planners often get ahead of the market. If I build something that won’t sell, I’m not going to build it twice.”
Chandler is not out to eradicate growth boundaries altogether and turn Oregon’s urban areas into sprawling cities like Houston or Atlanta. Rather, he believes the sprawl threat has been overstated. “The majority of the state’s population is on 2% or 3% of the state’s land mass,” he says. “In terms of farmland preservation, you could double or triple the size of every city and you wouldn’t strongly impact it.”
Successful land-use policy, however, is not just a matter of either-or — of preserved farmlands or expanded growth boundaries. To the agriculture industry, which includes wineries, there is increasing interest in allowing farm and vineyard lands to engage in direct sales. “There’s a lot of interest,” says the Oregon Farm Bureau’s Katie Fast.
As vineyards and a range of other crops have made Oregon a world-renowned food-and-drink destination, lawmakers in Salem have continued to introduce legislation designed to expand the kinds of events allowed. Passed in 2011, Senate Bill 960, for example, expanded allowance for agri-tourism and other commercial activities in agriculturally zoned areas. House Bill 280, passed in 2011, as well as this year’s Senate Bill 841, also expanded wineries’ ability to operate tasting rooms and host events.
“I think that’s going to be the discussion: making sure we protect the agriculture land base and infrastructure that’s needed, but that there’s a reasonable flexibility to allow folks to bring people out in agriculture tourism in a way that doesn’t imperil other farms,” Fast explains. “The difficulty is in finding that balance.”
In 1973 Oregon business was dominated by forestry and agriculture. Today the economy is more diverse, but land-use critics cite the difficulty of finding proper land for businesses like heavy industry. Business groups have argued for years that the state needs more readily available large industrial lots for big employers. But politics and competing desires for the land often make that difficult.
Over the past decade, for example, owners of the Langdon Farms Golf Club just south of Wilsonville, Chris and Tom Maletis, have tried to turn their acreage adjacent to the course into industrial land, for which there is a statewide shortage. Their property has the easy transit access industry prefers, not only the adjacent I-5 but an expanding Aurora Airport, and co-owner Chris Maletis recalls receiving letters of support from entities like the Port of Portland. But with opposition from residents and environmentalists to extending Wilsonville south of the Willamette River, the property was placed by Clackamas County into rural instead of urban reserves, part of the system created by Senate Bill 1011 in 2011 to increase long-range planning to a 50-year window.
“Our property is the poster child of what’s wrong with the system,” Maletis says. “They made a 50-year decision without even looking at the [industrial land] shortage and what lands are the most viable to take care of the needs of the region.”
In other parts of the state, though, the legislature has crafted specific legislation to streamline industrial land development. In the 2013 legislature, Senate Bill 845 would have cleared the path for a proposed 330-acre plot in North Hillsboro. That measure never advanced out of committee, but last year Senate Bill 1544 passed, enabling Deschutes, Jefferson and Crook counties to partner on a large-lot industrial site in Redmond. Proponents worked with 1000 Friends of Oregon, which threatened legal action, on a compromise allowing passage.
“I think the profession should be looking at ways to make Oregon’s planning more dynamic, emphasizing regional solutions instead of a one-size-fits-all land-use planning system,” says Peter Gutowsky, principal planner for Deschutes County. “These narrowly crafted projects provide examples of how the Oregon land-use program can be malleable.”
Last year the governor also signed Executive Order 12-07 allowing Jackson, Josephine and Douglas counties to create a pilot program permitting these jurisdictions to create regional variation on what constitutes farm and forest lands. As the viability of different lands change, these counties will have greater flexibility in changing zoning.
Friday, June 27, 2014
BY JASON NORRIS | OB BLOGGER
Over the last several months we have seen a wave of cross-border acquisitions, primarily U.S.-based companies looking to purchase non-U.S.-based companies. There are a few reasons for this, but the main culprit is the U.S. corporate tax system. The United States has one of the highest corporate tax rates in the world.
Thursday, June 19, 2014
BY MONICA ENAND | GUEST CONTRIBUTOR
Nine tips for building habits among employees to respond when needed.
Thursday, July 24, 2014
BY LINDA BAKER | OB EDITOR
Remember the naysayers? Those who called the South Waterfront aerial tram a boondoggle? Those who rejoiced at the massive sell off of luxury condos at the John Ross and Atwater Place?
Thursday, July 31, 2014
BY MARY SPILDE | OB GUEST CONTRIBUTOR
Faced with the aftermath of the “great recession,” increasing concern about the environment and dwindling family wage jobs, we have some very important choices to make about our future.
Monday, June 16, 2014
The Oregon economy could get a boost from a new trade agreement being negotiated between the U.S. and the European Union.
Friday, June 13, 2014
BY CLIFF HOCKLEY | OB GUEST BLOGGER
This article summarizes the key considerations a building owner must keep in mind when thinking about leasing to a medical marijuana dispensary.
Thursday, June 05, 2014
BY HANNAH WALLACE | OB BLOGGER
What does it take to launch and run one of these mobile food businesses?
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Forest Grove sees growth in the burgeoning food and beverage scene.
Lane Powell Shareholder Susan K. Eggum has been elected as vice chair of programs and projects for the International Association of Defense Counsel’s (IADC’s) Employment Law Committee.
Geffen Mesher is saddened to announce the passing of long-time shareholder, Tom “Mike” Anderson, who died on July 10, 2014, from liver disease diagnosed after recent heart surgery. He was 55 years old.
Fifteen Lane Powell attorneys have been named 2014 “Oregon Super Lawyers,” and another five attorneys have been named as “Oregon Rising Stars” by Super Lawyers magazine.