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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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(d) That an appropriate level of public facilities and services are likely to be <br /> provided in a timely and efficient manner. <br /> The Board finds that the applicant has established that any necessary public services are available and <br /> that water and waste treatment systems will be provided through private systems. The Board finds that <br /> it is feasible for the applicant to provide an appropriate level of water and sewer service to the <br /> proposed resort, and relies on the letter from Steven Shropshire, dated July 23, 2008, which <br /> demonstrates that the applicant has already received a basin program exception under the Willamette <br /> Basin Program. The applicant worked with the Oregon Water Resources Department ("OWRD") to <br /> develop a mitigation approach to offset the projected pumping impacts, which was endorsed by <br /> OWRD staff and the Commission. Since the mitigation plan required in the review of the groundwater <br /> permit is the same plan that was endorsed as part of the basin program exception approval, the Board <br /> finds that it is feasible and likely that the applicant will receive an approved groundwater permit. <br /> Additionally, the Board relies on the letters from Tracy Cork, dated December 10, 2007 and June 12, <br /> 2008, which demonstrate that the wastewater collection and treatment methodology for the proposed <br /> resort will meet or exceed Oregon Department of Environmental Quality("DEQ") requirements and <br /> will utilize state of the art technology. The Board also finds that compliance with the agencies' <br /> regulations is assured through appropriate conditions of approval. Therefore, the Board finds that <br /> testimony from the applicant and its consultants supports a finding that it is feasible to provide <br /> appropriate levels of public facilities for the proposed use in a timely and efficient manner. The Board <br /> finds that any other necessary public facilities and services, including fire protection, can also be <br /> readily provided. <br /> The Board finds that OAR 660-014-0040(3)(e) is not applicable,because no urban growth boundary or <br /> establishment of a new city is proposed. <br /> B. Goal 11 Exception—OAR 660-004-0020(4) <br /> Goal 11 generally prohibits the extension of sewer lines outside of UGBs and the establishment of new <br /> sewer systems outside of UGBs. Regarding the requested exception to Goal 11, <br /> OAR 660-004-0020(4) and Goal 2,Part II(c) establish four factors to be addressed when taking a <br /> "reasons" exception. Those factors and related responses are set out below. The Board also adopts and <br /> incorporates by reference the reasons set forth in its findings in Section IX.A above regarding the <br /> Division 14 rules as part of its findings addressing the Division 4 rules. <br /> (a) Reasons justify why the state policy embodied in the applicable goals should not <br /> apply. The exception shall set forth the facts and assumptions used as the basis <br /> for determining that a state policy embodied in a goal should not apply to <br /> specific properties or situations including the amount of land for the use being <br /> planned and why the use requires a location on resource land. <br /> The state policy contained in Goals 11 and 14 provide that urban development remain in urban areas <br /> and the provision of an urban level of public services remain within an urban growth boundary. <br /> Nevertheless, the Board finds that the findings adopted in 1982 for the Goal 4 exception are equally <br /> applicable to a Goal 11 exception, and that the same reasons that justified the original exception also <br /> justify the construction of a sewer system to serve the development that was previously approved by <br /> the county. In fact, an exception to Goal 11 is required by the prior approvals, which include a <br /> condition that a community sewer system must be provided for the development. Because the <br /> residential and commercial components of the subdivision require a location adjacent to the existing <br /> -13- <br />
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