Baney: 'We shot ourselves in both feet'

Deschutes County Commissioners backtracked last week on an amendment that would allow Aspen Lakes to be mapped as a destination resort. The move came after a confusing decision earlier this month that gave the appearance to some that the commissioners were giving special treatment to Aspen Lakes developers at the expense of public input.

The long-awaited and hotly contested revisions to the Deschutes County planning map were moving toward law on Monday, June 7.

After months of hearings, public input, editorials and letters to the editor, some version of the planning commission's recommendation on resort mapping was finally going to be voted into county regulations. Public input was closed and the 27-page document had been posted for public review for weeks.

At the conclusion of an earlier commissioners' meeting, Matt Cyrus of Aspen Lakes asked for a procedural clarification. His question was on the process for getting a subdivision (which would not be mapped) grandfathered onto the map as allowed by the county's procedures.

The process could be interpreted in two ways. In one version, the developer could file for all the homeowners that were affected because the CC&Rs allowed for a resort status. In an alternate version, each individual homeowner would have to file for inclusion on the map.

"If the procedure selected was for individual filings, then one refusal could disallow the mapping, in which case the county would be open to Measure 49 claims," Cyrus told The Nugget. "I didn't get an answer from the board, so on Thursday, June 3, I approached each commissioner in turn with that strictly procedural question."

The commissioners apparently agreed with Cyrus' interpretation of the procedure. They declared an emergency session and voted 3-0 to accept an ordinance amendment clarifying the procedure - without the required reading of the amendment and no allowance for public comment. The change in the amendment's wording appeared to affect only the Aspen Lakes Resort project.

The move drew shock and outrage from those opposed to the reinstatement of the Aspen Lakes properties as a potential destination resort site.

"Why would the county want to make an exception for a single developer that would allow them to be placed on the county resort map when the developer's site does not meet the state requirements for a destination resort?" said Merry Ann Moore, a resident of The Rim adjacent to the Aspen Lakes property and an opponent of the development's conversion to a destination resort.

The commissioners themselves were unsettled by the way the issue was handled, according to Commissioner Tammy Baney.

"I woke up at 3 a.m. the next morning realizing that we had shot ourselves in both feet, and that we must reopen the amendment wording for public review and input," Baney told The Nugget.

Last Tuesday, the commissioners unanimously overturned the validation of the amendment. The reason given was that the amendment was not read aloud as required.

The contretemps has stirred a pot already boiling with passionate opinions. Matt Cyrus told The Nugget he has no problem with further discussion.

"We completely support doing this the right way," he said. "If it needs a hearing and public input that's fine. This whole situation has gotten totally out of proportion."

The commissioners have scheduled a meeting for June 30, 10 a.m. to review public comment and to allow in-person public comment before voting on the wording of the amendments.

Most interested parties are in agreement that even if mapped as a potential destination resort, it will be very difficult for the Aspen Lakes Resort proposal to gain siting approval, based on the homes already built and their earlier applications.

A property must be on the county map before the owners can apply to be sited. There are a number of state-mandated criteria to move from "mapped" to "sited," including a $7 million investment in amenities, 160 available acres, and 100-percent agreement of all homeowners on the site.

Anyone left off the map that believes that they in fact meet the state criteria for a destination resort can apply by a simple letter, stating their case. Their property will be mapped if the commissioners find merit in their case.

Once the map is set by ordinance, it cannot be changed for 30 months.

Public comment is welcomed and encouraged by the commissioners. Comments can be sent to [email protected] To speak at the June 30 hearing citizens must fill out a brief form requesting to address the commissioners. The form needs to be turned in at the beginning of the meeting. You will only be asked to give your full name and where you live.