News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
A new destination resort?
In what is sure to be only the first salvo in a long fight, the Deschutes County Planning Commission voted 4-2 last Thursday to deny a change to county code that could turn Aspen Lakes into a destination resort.
The Cyrus family of Sisters is seeking a simple avenue to convert the existing "cluster" subdivision into a destination resort. Destination resorts must include overnight lodging and amenities designed for visitors. A cluster development has more extensive open space requirements than a destination resort.
The Cyrus family is asking for a text change that would exempt them and any other cluster developments created before 1992 from regulations that affect destination resorts.
The majority argued that a text change amendment was not appropriate, agreeing with county planning staff and legal counsel, who recommended denial of the Cyrus application. Staff argued that "Aspen Lakes is not continuing or expanding an existing use that will have 'no greater adverse impact on the neighborhood.' Instead, this text amendment would change the nature and extent of the existing use."
Commissioner Brenda Pace, who crafted the motion rejecting the text amendment, said that the developer may seek a variance, where matters such as changes in open space could be more thoroughly discussed.
The matter now moves to the Board of County Commissioners.
"Certainly we're a little bit disappointed that the planning commission didn't vote to accept the text amendment," Matt Cyrus told The Nugget. "We're confident - or I guess optimistic is a better word - that (the board) will have a different take on it."
Cyrus noted that "most of the planning commission members were supportive of the resort," even though they voted down the text amendment.
Indeed, several members expressed support of the conversion - ranging from qualified to enthusiastic.
"I see this as a public benefit for this to happen," said Todd Turner.
Neighbors of the subdivision, including some from The Rim at Aspen Lakes and some from the Panoramic neighborhood, don't see the benefit. They believe that commitments were made for open space and that the Cyruses are now seeking to change the game. They are also concerned about increased traffic and use of water if Aspen Lakes becomes a destination resort.
Representatives of the opposition expressed some satisfaction at the commission's ruling.
Derek Cornforth, who lives at The Rim, said he is pleased that the planning commissioners ruled in a manner consistent with the opinions of staff and the state Land Conservation and Development Commission.
"We're happy that they still continue to give what is basically a consistent set of decisions," said Cornforth.
The question of the use of open space was significant for Commissioner Pace. She noted that conversion to a destination resort would require overnight housing, but also allow more land to be developed for full-time housing.
"The way they've applied makes it sound like the overnight housing is the main reason, but the most money will come from developing the open space into primary housing," she said. "That's where you have to go back and rethink, what was the purpose of destination resorts. And they're asking for something very, very different."
Pace said she didn't like the message approval would send.
"I can't justify encouraging a developer to avoid the rules for destination resorts and then go back and get a destination resort anyway, having avoided all the rules and being able to convert designated open space," she said.
Matt Cyrus contends that the open space question is less significant than people are making it.
He said that the difference in open space is not all that great - a 65 percent requirement for the current cluster development; 50 percent for a destination resort.
Cyrus also said that Aspen Lakes' open space agreement is "not in perpetuity." He said it could be developed if it is brought within an urban growth boundary (an unlikely occurrence in the foreseeable future) or if the Cyruses "obtain different approvals" - including destination resort approval.
Designated open space may also be released, Cyrus said, if a development phase is not built and the permitting expires, which has occurred on Phase 5 at Aspen Lakes. That open space is eligible for development to the extent allowed under current RR-10 zoning.
These arguments and more are likely to be hammered out over the space of many hearings and appeals as both the Cyruses and opponents of a destination resort dig in for a long battle. If each decision is appealed by one party or another, the legal wrangling could go on for a year or more.
Cyrus said that time is not a major issue for the development.
"We don't anticipate breaking ground for two years as it is," he said.
Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.
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