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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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(a) Public or Private Systems: Public or private systems shall meet the requirements of the Oregon <br /> State Health Division with reference to chemical and bacteriological quality. In addition, such systems <br /> must meet the quantity, storage, and distribution system requirements of the State Health Division and <br /> the Marion County Department of Public Works. <br /> The applicant proposes to upgrade an existing water well to provide a safe reliable water supply; <br /> construct a chlorine gas disinfection and monitoring facility; construct a community water distribution <br /> system including approximately 20,000 linear feet of eight to four-inch C-900 PVC water main, 47 fire <br /> hydrants, and 63 isolation valves;pressure booster system for 10 homes; and minimum 100,000 gallon <br /> water storage reservoir that meets Stayton Fire District fire flow requirements and provides two days of <br /> emergency storage. The Board relies on the testimony by the applicant and the letter from Steven <br /> Shropshire, dated January 10, 2008, and finds that this criterion is met. <br /> 172.44 Underground Utilities Easements Underground easements for utilities and overhead utility <br /> facilities shall be provided by the subdivider and set forth on the final plat. When possible, such <br /> easement shall be centered on or bordering a lot line. The subdivider shall provide easements on both <br /> sides of all road or street rights-of-way of 60 feet or less. <br /> Five-foot wide utility easements will be provided on both sides of the private roads, as required by <br /> Condition No. 6 of the conceptual development plan approval. <br /> Chapter 176:Limited Use Overlay Zone <br /> 176.020 Overlay Zone Requirements. When the Limited Use Overlay zone is applied, the uses identified <br /> in the underlying zone shall be limited to those permitted or conditional uses specifically referenced in <br /> the ordinance adopting the Limited Use Overlay zone. Until the Overlay zone has been removed or <br /> amended the only uses permitted on the property shall be those specifically referenced in the adopting <br /> ordinance. Uses that would otherwise be permitted, or permitted subject to a conditional use permit, <br /> may only be allowed if the list of permitted or conditional uses in the Limited Use Overlay Zone is <br /> amended or the Limited Use Overlay Zone is removed. <br /> The portion of the subject planned development that is zoned AR was made subject to the Limited <br /> Use(LU) Overlay Zone at the time that the AR zoning was adopted. The intent of applying the <br /> LU overlay was to ensure that the resort accommodations and related commercial services provided as <br /> part of the conceptual plan approval would meet the minimum qualifications of a destination resort, as <br /> defined by LCDC in the 1984 Draft Destination Resort Rule. The following conditions were placed on <br /> the project by the conceptual plan approval, and the Board finds that compliance with these conditions <br /> meets this criterion: <br /> 1. The 150 acre portion of the proposed development lying south of Little North Fork <br /> Road shall not be owned separately from the golf course and other improved recreation facilities <br /> provided on lands north of the County road. <br /> This condition conflicts with Condition No. 8 of the Conditional Use Permit for the golf course, which <br /> states that: "The golf course may be held in separate ownership from other common open space in the <br /> planned development but shall always be considered a part of the planned development. The owner of <br /> the golf course shall be a member of the planned development owners association and shall cooperate <br /> with the association in maintenance and use of the treated wastewater storage pond and irrigation <br /> system." <br /> -25- <br />
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