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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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proposed resort will be situated on only approximately 65 acres of the 464-acre site, and will be <br /> buffered from adjacent uses by open space and forestland. <br /> C. OAR 660-004-0022 <br /> This administrative rule supplements OAR 660-004-0020 by providing examples of the types of <br /> reasons that may be relied upon to justify an exception to Goal 11 for certain types of uses. <br /> (a) For uses not specifically provided for in subsequent sections of 660-004 or <br /> 660-014 the reasons shall justify why the state Policy embodied in the <br /> applicable goal should not apply. Such reasons include but are not limited to <br /> the following: <br /> (1) There is a demonstrated need for the proposed use or activity based on <br /> one or more of the requirements of Statewide Goals 3 to 19; and either <br /> (2) A resource upon which the proposed use or activity is dependent can <br /> be reasonably obtained only if the proposed exception site and the use or <br /> activity requires a location near the resource. An exception based on this <br /> subsection must include an analysis of the market area to be served by the <br /> proposed use or activity and must demonstrate that the proposed exception <br /> site is the only one within that market area at which the resource depended <br /> upon can reasonably be obtained; or <br /> (3) The proposed use or activity has special features or qualities that <br /> necessitate its location on or near the proposed exception site. <br /> The demonstrated need for this proposed use is established above in Section IX.A of these findings, <br /> which are incorporated here by reference. The need for the use was demonstrated in the 1982 approval <br /> in findings adopted by Marion County and acknowledged by LCDC, and is even more relevant today <br /> since the golf course component of the proposed resort has been fully developed at this location <br /> pursuant to those earlier acknowledged decisions. With the completion and ongoing operation of the <br /> golf component of the project, the only location at which the remainder of the project can reasonably <br /> be accommodated is immediately adjacent to the golf course facility. Therefore, pursuant to OAR <br /> 660-004-0022(a)(3), the developed golf course constitutes the "special features or qualities" that <br /> necessitates locating the residential and commercial component of the proposed resort immediately <br /> adjacent to the existing golf course. <br /> Additionally, OAR 660-004-0022(1)provides that one example of a reason that can be relied upon to <br /> establish the justification for an exception is that the exception will enable a local government to meet <br /> one or more of its planning obligations. Such obligations can be found in both the Statewide Planning <br /> Goals and in the county's acknowledged comprehensive plan. The requested exceptions are necessary <br /> to allow a use that has been identified as an essential means by which the county can meet its <br /> requirements under Goal 8 and Goal 9, and implementing policies of the Marion County <br /> Comprehensive Plan, in order to provide needed outdoor recreational opportunities and to achieve the <br /> county's goals of diversification and stabilization of the local economy. The Board finds that the <br /> requested exceptions are necessary in order to provide needed outdoor recreational opportunities and to <br /> achieve the county's goals of diversification and stabilization of the local economies. <br /> X. COMPREHENSIVE PLAN POLICIES <br /> Under Marion County Code 172.70, the issuance of conceptual approval for this proposed <br /> development in 1982 indicates that this subdivision, in the general manner and density proposed, is <br /> -16- <br />
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