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I. The Conceptual Approval is Valid and the Application Substantially Conforms to the Conceptual Plan. Opponents assert that the previous conceptual approval for the proposed resort is invalid. To the contrary, however, the County made a decision in Administrative Review Case No. 06-62, subject to Type II review with notice and an opportunity for comment, and determined that the previous conceptual approval for this project had been lawfully extended and can now be implemented. No appeal of the decision was timely filed; therefore, the decision became final on November 30, 2006. The Board therefore finds that the prior conceptual approval is valid. Opponents also assert that this application does not conform to the conditions of the conditional use permit for commercial services imposed in conjunction with the prior conceptual approval. However, compliance with the conditional use permit is not required to gain detailed plan approval of the original conceptual plan. Any conditions of the conditional use permit approval will be met at the time of development of such commercial services for which the conditional use permit was issued. As part of this decision,the Board does impose one condition of approval that is similar to a prior condition of the conditional use permit for commercial services. Condition No. 2 of the prior conditional use approval provides as follows: 2. A development plan for the commercial service development area to be approved by the Department of Public Works and the Planning Department prior to the construction of any commercial facilities. No commercial development other than a sales office shall occur until 50 residences have been constructed. All uses shall be connected to the community water systems and be located within the area designated "Commercial Area"on the Development Plan. The Board interprets this condition as allowing some commercial development, other than a sales office, so long as it is developed in conjunction with the residential portion of the development. To ensure compliance, the Board imposes Condition No. 23. The Board finds that the proposal today substantially conforms to the previous conceptual approval and to the conditions of the previous conceptual approval. Through this decision, the Board implements the prior conceptual approval by completing the resort development. J. Limited Use Overlay Zone. As part of the 1984 goal exceptions and amendment of the Marion County Comprehensive Plan for this development (Ordinance No. 677), the County applied a Limited Use Overlay ("LU") zone concurrent with adoption of the AR zone for the subject property. The specific terms of the LU overlay as applied to the subject property are set forth in Exhibit C of Ordinance No. 677. The application of the LU overlay serves to limit the uses approved by the conceptual plan and assure compliance with OAR 660-004-0018 in that proposed uses that require an exception are limited to those specific uses approved herein, as further defined in the Goal 11 and Goal 14 exception findings. Pursuant to approval of the detailed plan for this development and the related exceptions to Goal 11 and Goal 14, the Board finds that it is necessary to amend the conditions of the LU overlay as applied to the subject site by including the following condition: Condition No. 7: The uses and related activities to be allowed on the subject site are limited to those uses which are requested by the applicant in the detailed plan proceeding and as otherwise allowed by Ordinance No. 677, as modified and subject to conditions of approval. -37-