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LUBA rejects zone change appeal By Jessica Smith The state Land Use Board of Appeals has rejected a local developer�s claims that the city incorrectly approved a zone change for a housing project in east Medford. In a decision handed down Feb. 21, LUBA upheld the city�s decision to hold developers to a lower housing density than is allowed under the approved zoning. Gregg Adams, of Medford, who appealed the decision, could not be reached for comment. In his appeal, Adams said city leaders failed to adhere to Medford�s planning laws when they changed the zoning for a 66-acre parcel off Cherry Lane from exclusive farm use to residential. Adams took issue with the city�s decision to limit the number of homes that will be built on the land, part of the city�s Southeast Plan. The plan attempts to blur the lines between commercial and residential neighborhoods while reducing traffic and making better use of 1,000-plus acres set aside in the urban growth boundary. The Medford Planning Commission � concerned about how traffic from the housing project would affect nearby congested roadways � OK�d a proposal to limit construction to 267 residences. Developer Mike Mahar and other landowners agreed to the stipulation, though the approved zoning allows construction of 331 houses. The City Council upheld the commission�s decision in August. Adams claims property he owns in the Southeast Plan area will be affected by the zone change and housing project, but it�s unclear how. In its decision, LUBA dismissed all but one of Adam�s complaints. LUBA struck down Adams� claim that the city�s legal findings failed to justify the housing limitation in the Cherry Lane zone change. It also threw out Adams� objections to a traffic study used to defend the housing project. However, LUBA referees agreed with Adams that the approved zone change amends the city�s land-use code. Still, LUBA ruled that Adams� argument against the zone change provided no basis for reversal. The city properly addressed each of Adams� complaints in legal findings adopted by the council, according to LUBA�s decision. Adams failed to properly challenge those findings, the board reported. Reach reporter Jessica Smith at 776-4481, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.