“Every legislative session I’ve been in, there’s been a
‘one-off’ with land use,” .... “Like Nike....we do special things sometimes,
don’t we?”
As quoted in the Nugget newspaper of Sisters, state Rep.
John Huffman’s (R-The Dalles) honest comment focused on the legislative
loopholes and political give-and-take in Oregon’s 1970s land use law.
In this case Huffman was referring to objections raised in
a Sisters public meeting Aug. 29 to
legislation related to the “ transfer of development opportunity” (TDO) rights
that emerged after earlier legislation ended plans to build the Metolian, a
planned “eco-resort” in the Metolius River Basin near Camp Sherman.
Shane Lundgren of Camp Sherman, the original Metolian
developer, has been working to find an appropriate location to exercise his
state-granted TDO to build another resort.
The original TDO legislation was enacted after Lundgren’s
Metolian proposal was denied when the legislature voted to establish the
Metolius Basin location as an Area of Critical State Concern, effectively
ending any future plans to build resorts in the basin.
Also affected by the land use designation was a proposal
by Ponderosa Land & Cattle Co. to build a resort--that could have included
a golf course--in the Green Ridge area above the Metolius River. However,
Ponderosa retained the right to build a limited number of homes on larger parcels
in the area.
Jefferson County had included the proposed Metolian
location in mapping areas for potential resort development, as required by the
state land use law.
But the special legislation overruled
the county by designating the Area of
Critical State Concern.
The legislation prohibiting the resort and subsequent TDO
legislation have both been cited as examples of how the state land use law can
be manipulated--by interests on both sides of a development issue.
The TDO legislation, HB 3313, would allow Lungren to
build on land not currently designated for potential resorts in economically
depressed counties with chronic high employment.
In the Aug. 29 Sisters meeting the focus of the
discussion was the possibility that the TDOs could be transferred for expansion
of the existing Aspen Lakes golf community east of Sisters on Hwy 126.
The plan could allow about 480 homes, along with nightly
lodging and additional recreational facilities, to be built on 640 acres of Cyrus family land
along Camp Polk Road. There are also reportedly five other possible sites
considered by the Lundgren group.
Previously unsuccessful proposed legislation, unrelated
to the current TDO issue, would have allowed Aspen Lakes to expand under designation
as a “Cyrus Heritage Farm.”
In additional meetings in the Sisters area the discussion
has moved from specific legislation to allow TDOs to be exercised at Aspen Lakes
to expanding the counties in which they could be used, including Deschutes and
Jefferson, the latter in which the original Metolian Resort was proposed.
Huffman has been sponsoring the public “work group”
meetings with participation of state agencies including the Oregon Department
of Land Conservation and Develop, Oregon Water Resources Department and Oregon
Department of Fish and Wildlife.
As quoted recently in the Bend Bulletin, Huffman said he
is not anticipating new legislation that would specifically designate the Cyrus
property or other land for resort development. Instead he has now said any bill
be intended to include Deschutes and Jefferson among possible county locations.
Additional meetings on the TDO issue are expected in
November.
