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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
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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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adjacent to an existing golf course. The Board finds that the Elkhorn Estates Planned Development, <br /> approved by the county in 1982, cannot be "reasonably accommodated" in the alternative locations <br /> suggested by the opponents. <br /> C. The Application Does Not Propose a "Destination Resort" <br /> Several opponents argued that the application requested the siting of a "small destination resort," and <br /> therefore should be denied under the destination resort criteria of ORS 197.445 and Goal 8. However, <br /> the application does not propose a destination resort pursuant to ORS 197.435 - 467 or Goal 8 and this <br /> decision is not based on the criteria of ORS 197.435 —467 or Goal 8. The site does not qualify as a <br /> destination resort location because it is not within the map of eligible lands adopted by Marion County <br /> pursuant to ORS 197.455. The application addresses all applicable subdivision approval criteria and is <br /> not subject to the requirements of the destination resort statute or Goal 8. The Board finds that <br /> opponents have not explained why the county should be required to treat an application as a <br /> "destination resort" where the application does not fit within the statutory criteria for such a resort and <br /> the applicant has not requested treatment as a destination resort under the county's plan and the <br /> applicable statutes. See Doherty v. Morrow County, 44 Or LUBA 141 (2003). <br /> D. Compliance With Goal 11 and Goal 14 Exception Criteria <br /> Opponents express general disagreement with the premise that the county may approve an "urban" <br /> resort with "urban" level of services on rural land under the applicable goal exception criteria. <br /> However, the Board finds that this is precisely what the Goal 11 and Goal 14 exception rules are <br /> designed to allow, so long as those criteria are satisfied. Opponents assert that the applicant may not <br /> be allowed to rely in part on a need for specific "rural" characteristics in order to satisfy the applicable <br /> criteria for a goal exception. However, the actual criteria set forth in the applicable state rules contain <br /> no such prohibition. Rather, the rules provide that the county may approve the requested exception if <br /> it finds that the proposed development cannot be "reasonably accommodated" within an urban area or <br /> through the expansion of a UGB. The applicant has submitted a significant amount of evidence on <br /> which the Board has adopted findings that the proposed use cannot be reasonably accommodated on <br /> urban land, or other land that would not require an exception, and that the applicable criteria for the <br /> requested exceptions are met. <br /> The Board finds that the project complies with the criteria for exceptions to Goal 11 and 14. <br /> E. Environmental Issues <br /> Opponents assert that the project will result in adverse environmental consequences to elk herds, <br /> salmon and steelhead, and that the application violates MCCP Fish and Wildlife Habitat Policies 4 and <br /> 5. Opponents also assert that the proposed development would have a devastating impact on wildlife <br /> habitat and water quality. The Board relies on testimony by the applicant and its consultants, including <br /> the letters from Steven Shropshire, dated January 10, 2008 and July 23, 2008, as well as letters from <br /> Tracy Cork, dated December 10, 2007 and June 12, 2008, and finds that it is feasible to provide an <br /> appropriate level of water and sewer service to the proposed development. Additionally, the Board <br /> finds that development of the project will not pose any threat to human health or the health of aquatic <br /> species, and will provide enhancement to water quality. <br /> The Board also finds that the Habitat Management Plan, to be approved by ODFW, appropriately and <br /> sufficiently addresses wildlife issues raised by the opponents. The Board therefore imposes as <br /> conditions of approval the requirement that the applicant continue to work with state and federal <br /> agencies to create and implement such environmental management plans. These conditions are <br /> attached. <br /> -35- <br />
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