Conflict between LUBA, court to be taken up at public hearing Tuesday

ADAIR VILLAGE - Adair Village will take up its growth boundary yet again next week, revisiting a ruling that has been back and forth between the state land use board and the court of appeals.

At issue is Adair Village's plans to expand its urban growth boundary and allow construction of more than 600 new homes with the potential of more than doubling its population of 900. Although the appeals and findings encompass several issues, Tuesday's public hearing will focus on the issue of housing density.

The city and county had approved a plan to expand the existing growth boundary by 142 acres to the south of town, allowing DR Horton to build on much of that land. That plan was approved by city and county officials in January 2007.

Opponents asked the state Land Use Board of Appeals to review the decision last fall, arguing that the city's comprehensive plan policy requires residential lots averaging 6,000 square feet in size. Currently, many lots in town are much larger. The petitioners argued that any lots added should be less than 6,000 square feet to create an overall average closer to that goal. LUBA upheld the decision to build, but reduced expansion of the city's growth boundary to 128 acres.

Petitioners took their case to the state Court of Appeals. The court reversed the LUBA decision, ruling that city rules weren't clear about what density should be allowed in new development. Earlier this month, Adair city councilors adopted a revision to the city's comprehensive plan and clarifying the density issue. The revisions call for an average 6.5 units per acre on future development. At that rate, residential lots will be around 6,700 square feet each.

County commissioners must agree to the change in the city comprehensive plan. Public testimony will be taken at the hearing, but only on the issue of density.

Should the plan changes be adopted by the county, developers could resubmit their project under the new rules.

IF YOU GO

WHAT: Public hearing on Adair Village urban growth boundary

WHEN: 7 p.m. Tuesday July 29, 2008

WHERE: Prince of Peace Community Church, 7234 N.E. Arnold Ave., Adair Village

Matt Neznanski can be reached at 758-9518 or matt.neznanski@lee.net.