Villager Aug 2021 | Page 7

August 2021 THE CHARBONNEAU VILLAGER 7

Civic Affairs

By STEVE SWITZER

Aurora Airport Master Plan heads back to LUBA

On June 16 , the Oregon State Court of Appeals issued a ruling sending the Aurora Airport ’ s Master Plan back to the Land Use Board of Appeals ( LUBA ) for further review . The court found
SWITZER several errors in LUBA ’ s initial finding that the plan met both state and local planning goals .
The case was brought before the court by the city of Wilsonville , the city of Aurora , 1,000 Friends of Oregon , Friends of French Prairie , and Clackamas County .
What does this mean for Charbonneau ?
More important than the nuts and bolts of the case is what the impact of the decision means for our community .
Rural vs . Urban use
The most significant finding in the decision is that LUBA erred in their determination that any land use at the airport is a “ rural use .” The court ruled that LUBA did not follow the law in applying the standard of “ rural use ” in its conclusion that the airport was exempt from certain land use goals . The Oregon Department of Aviation ’ s ( ODA ) own document , Oregon Aviation Plan 2007 , classifies the airport as a Category II , Urban General Aviation Airport .
This changes everything since the land use rules , especially when it comes to land zoned Exclusive Farm Use ( EFU ), are entirely different between rural and urban uses . The Master Plan document includes future airport development and the apron for the proposed runway extension would cross the airport boundary ( Keil Road ). The Airport Layout Plan clearly demonstrates development onto land zoned EFU and should not have been ignored by LU- BA .
Larger aircrafts
The second significant takeaway is that LU- BA incorrectly determined that the plan would not “ permit service to a larger class of airplane .” This is a little complicated and the court decision takes nine pages to explain it .

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