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BEFORE THE BOARD OF COMMISSIONERS FOR MARION COUNTY, OREGON In the Matter of the ) Case No. SUB 07-12 ) Application of: ) Clerk's File No. 5577 ) Elkhorn Golf and Resort LLC ) SUBDIVISION AN ADMINISTRATIVE ORDINANCE ORDINANCE NO. la I THE MARION COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS FOLLOWS: SECTION I. Purpose This matter comes before the Marion County Board of Commissioners("Board") on the application of Elkhorn Golf and Resort LLC for detailed approval to implement the conceptual approval granted for Elkhorn Estates Planned Development in Plat Case No. 879 and Marion County Ordinance No. 677, which includes subdividing 65.3 acres into 153 lots, (150 single family dwelling lots, 1 condominium lot, and 2 commercial lots), and exceptions to Statewide Planning Goals 11 (Public Facilities) and 14 (Urbanization), on a total of 464 acres in an AR-LU(Acreage Residential— Limited Use Overlay),P (Public), and TC (Timber Conservation) zone located at 32295 North Fork Road SE, Lyons. [T9S; R3E; (Section 10; tax lots 200, 500, 600, 700, and 800) and (Section 11; tax lots 400, 401, and 500)]. SECTION II. Procedural History The Marion County Planning Commission held duly noticed public hearings on this application on October 16, 2007, and December 18, 2007. During deliberations on February 8, 2008, it deferred the decision to the Marion County Board of Commissioners with recommendations on conditions of approval if the application was granted. The Board held a duly noticed public hearing on the subject application on June 18, 2008. The hearing was closed and the record was open for written testimony until July 23, 2008. Mailed noticed was provided to all property owners within 750 feet of the property, and others requesting notice, at least 20 days prior to the hearing, and required notice was provided to the Department of Land Conservation and Development. At its regular session on October 15, 2008, the Board considered the Planning Division's and Clerk's files, and Planning Commission recommendation. The Board has considered evidence in the record, all arguments of the parties and is otherwise fully advised in the premises.