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Ord 1312
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Ord 1312
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Last modified
9/1/2022 9:14:53 AM
Creation date
10/30/2024 3:18:23 PM
Metadata
Fields
Template:
Land Use
Case_Number
07-007
Document_Date
12/3/2008
Land Use Type
Subdivision
Tax_Lot_Number
082W30 00400
Document_Type
Decision
Site_Address
3710 BERGMAN PL SE
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that other reasons not set forth in the rule may be relied upon in support of the exception. Because the <br /> rule does not expressly enumerate other types of reasons that are sufficient to support an exception, the <br /> county is necessarily afforded considerable discretion in adopting findings regarding the existence of <br /> other valid reasons, so long as the remaining criteria set forth in OAR 660-014-0040(3) are also met. <br /> As contemplated by OAR 660-014-0040(2), the Board finds that other reasons exist that are sufficient <br /> to justify the requested exception to Goal 14. The primary reasons for allowing the Goal 14 exception <br /> stem from the county's prior approval of this planned development subdivision in 1982, together with <br /> the related exception to Goal 4 that was specifically approved for purposes of the proposed <br /> development that is the subject of this application. The Board also finds that the rule does not prohibit <br /> consideration of increased economic development opportunities that will be provided by the proposed <br /> development as additional reasons to justify the exception. Some of the specific economic benefits <br /> that will result from the proposed development are outlined in the Economic &Fiscal Benefits <br /> Assessment prepared by E.D. Hovee & Company, LLC, dated June 15, 2007, which is adopted and <br /> incorporated as part of these findings. <br /> The original application for a planned development subdivision was submitted to Marion County in <br /> 1980. Concurrent with the consideration of the planned development subdivision application, the <br /> Planning Commission and Board of County Commissioners considered legislative amendments to the <br /> Marion County Comprehensive Plan and Zoning Ordinances for conformance with the LCDC <br /> Statewide Planning Goals that would make the proposed planned development feasible. LCDC <br /> subsequently acknowledged the county's approved Goal 4 exception for the subject property. <br /> The planned development subdivision that was approved in 1982 was a resort that included an 18-hole <br /> golf course and accessory uses, 150 single-family dwellings, 46 condominiums, and small commercial <br /> area. The Conceptual Plan for this project was approved as "Elkhorn Valley Estates, Plat Number 879, <br /> Clerk's File No. 2950-P2." The Board finds that this application proposes development of substantially <br /> the same subdivision that was conceptually approved in 1982 and that additional goal exceptions may <br /> not be necessary for this proposed resort. <br /> Additional reasons in support of the Goal 14 exception are provided in the exception that was <br /> previously approved for this golf resort development project by the county. The county's prior findings <br /> are equally relevant today, and include a detailed analysis of the need for the proposed development <br /> and the reasons that support the proposed development on rural land. Specifically, the county's <br /> findings identify a need for outdoor recreation and resort opportunities in Marion County, stating that <br /> "private destination resorts closer to urban areas are consistent with the intent of the goals to foster <br /> more energy efficient but satisfying recreational experiences. The county considers the proposed <br /> resort development as the vanguard in attempts by private enterprise to meet a real need." Goal 4 <br /> Exception Approval, page 48. <br /> The county's findings go on to provide "compelling reasons why a destination resort of this particular <br /> type is needed in this region." Those findings are set forth at pages 49 through 55 of the exception <br /> document, and include findings regarding the increasing demand for outdoor recreational <br /> opportunities,projected population increases, and increases in demand for second homes. The county's <br /> findings conclude that "there is a need in Marion County and the surrounding region for the type of <br /> destination resort proposed for the Elkhorn Valley." Goal 4 Exception Approval,page 55. The Board <br /> hereby adopts and incorporates by reference the previous conceptual approval documents and Goal 4 <br /> Exception Approval document, including their findings. In the event of a discrepancy between the <br /> incorporated conceptual approval documents, Goal 4 Exception Approval document and these <br /> findings, the express findings of the Board in this document shall govern. <br /> -9- <br />
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