Wednesday, July 29, 2015 The Nugget Newspaper, Sisters, Oregon
APPROvAL: Appellant
has a clear path to his
own development
Continued from page 1
(ALF) in Phase 1 of the MMV
development is now approved
to begin construction upon
issuance of their building
permit.
The hearing began with a
detailed PowerPoint presen-
tation by Patrick Davenport,
City community development
director, providing back-
ground information on MMV,
the MP (master plan) modifi-
cation they were requesting, a
review of definitions regard-
ing terms for senior-living
facilities (a point of conten-
tion throughout the hear-
ing), and then a detailed look
at each issue raised by the
appellant and the staff finding
on each point.
One of the main issues
concerned the terms applied
to the MMV facility since
the annexation of the prop-
erty into the city in 2006.
Pinnacle argued that MMV’s
new terms “Senior Housing
with Services” and “Memory
Care” created a “substan-
tial adverse impact” on
prior approvals and required
amendments to the annexa-
tion agreement, and the
numerous subsequent land-
use decisions.
Another challenge had to
do with one segment of the
proposed building shifting by
more than 25 feet (actual dis-
tance is 34 feet), again alleg-
edly constituting “substantial
adverse impact” requiring a
new MP for the entire 6.3-
acre property. The completed
MMV project is slated to
include, in addition to the
ALF, a one-acre park, senior
and all-age cottages, afford-
able senior apartments, a
clubhouse, multifamily apart-
ments, town homes, and the
already-existing healthcare
facility.
The appellant’s attorney,
Michael Repucci of Boulder,
Colorado, who presented
arguments against approval
of the MMV plans at the
June 18 planning commission
hearing, took off the gloves
and his sport coat as he made
his case against the PC deci-
sion. He made accusations
aimed at a number of people.
Repucci accused MMV
developer and partner Bill
Willitts of having friends
“who it seems will do
whatever it takes to allow Bill
to build something – anything
– on this property – MMV.”
He went on, “At the core of
this appeal process are the
actions of a number of friends
of Bill Willitts.”
Charges ranged from sug-
gestions of backroom deals
being made by the PC, to
alleged flaws in the appeal
process and to things miss-
ing from the public record,
to faulty noticing, to ques-
tioning the ethics of the City
attorney, to accusing Kevin
Cox, who will build and man-
age the MMV facility, of
stealing Pinnacle’s plans for
the facility.
“This entire appeal pro-
cess represents a whole host
of procedural errors that thor-
oughly tainted the process.
The civil rights of Pinnacle
have been completely disre-
garded by staff,” he asserted.
He suggested that Willitts
and Cox didn’t have to follow
the normal process.
“Wow, pretty dirty but
good for them. You know,
if they can get it… These
are tough words but they’re
true,” he alleged.
He closed his opening
remarks with a quote from
Mark Twain, which he sug-
gested would apply to the
Council’s decision in the mat-
ter of the appeal.
“It will gratify some peo-
ple and amaze the rest,” he
concluded.
The multiple targets of
Repucci’s allegations stood
their ground and presented
information that countered
his accusations. Clearly,
based on the final vote, the
City Council accepted their
counter-arguments.
Before introducing the
MMV attorney Damien Hall
of Ball-Janik, Willitts gave
some background regarding
the history of the contract
relationship between MMV
and Adolf, “to set the record
straight,” and concluded by
saying:
“To have a land-use attor-
ney from 1,100 miles away
and a developer from 200
miles away try to convince
you that they’re protecting
you in a land-use action, to
me is completely and utterly
frivolous.”
Hall reminded Council
that the central issue before
them was the MMV request
to simply modify their MP
due to a new building plan
on the same piece of prop-
erty. The change would not
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result in increased traffic or
demands on public services
such as fire, police, water and
sewer.
Hall added, “It will be
the same use under a differ-
ent configuration.” MMV has
received approval from the
State of Oregon to construct
their facility as designed.
Davenport provided infor-
mation demonstrating that
a number of the appellant’s
assertions were in error con-
cerning processes and codes.
The proposed assisted-
living facility will be smaller
in size and number of resi-
dents than originally planned
by Adolf and Pinnacle, when
they were part of the MMV
project. Adolf has since
received the green light from
the Planning Commission to
build his larger building on
property adjacent to the post
office, between Larch and
Locust.
The question that has been
asked multiple times — and
remains unanswered — is
why Adolf hasn’t already
broken ground on his own
project. He only needs to sub-
mit his plan for a bike and
pedestrian easement and pay
fees of between $230,000
and $260,000 to the City (the
final amount still being cal-
culated by the City). Instead,
money appears to be going
toward attorney’s fees for
appeals and lawsuits in what
a number of people believe
to be attempts to throw road-
blocks in the way of MMV
beginning their project.
Repucci labeled those alle-
gations as slanderous and said
Adolf welcomes competition.
The public hearing part of
the evening was temporarily
derailed when a number of
residents from Village at
Cold Springs, located next
to the MMV property, used
the appeal hearing to air their
grievances concerning traffic
coming through their neigh-
borhood, which has narrow
private streets, and concerns
about eventual connection to
streets in MMV. (See related
story, page 20.)
Only two residents actu-
ally spoke in support of the
appeal.
One resident said that the
proposed facility would have
a negative impact on the lim-
ited medical community in
Sisters and make it even more
difficult for him to get an
appointment with his doctor.
Opposition to the appeal
and in support of MMV came
from a number of citizens.
Pat Thompson, who was a
Council member during the
annexation process for MMV,
reported that MMV had to
meet multiple criteria involv-
ing months of work.
“Every time, developers
went above and beyond what
was required of them.”
He expressed concern
that, “Within the develop-
ment community everything
is contentious. We need to
find a way to get along.” He
encouraged the Council to
support the decision made by
the planning commission.
Curt Kallberg, one of the
MMV partners, told Council,
“We’re talking about our
seniors. The names (for the
facility) are all mixed up.
They all mean the same thing
—caring for our seniors.” He
expressed regret that the proj-
ect had not been completed
in time for his own mother to
move to Sisters.
“Our family never got to
have my mother here. She
was buried yesterday,” he
said.
Doug Roberts and Susan
Trask, both local Realtors,
said people who are moving
to Sisters often express con-
cern about where they and/or
their parents are going to live
as they age.
During Council delibera-
tions, Connelly said her mind
had been changed by what
she had heard that evening.
“I came into the meet-
ing tonight leaning toward
remanding this issue to the
planning commission. But
based on what I have heard,
I have changed my mind
and I am ready to rule,” she
said.
Councilor David Asson
said, “The planning commis-
sion and staff have convinced
me that the appeal should be
denied. The opposing claims
are nebulous to me. I see no
reason to grant the request.
The appellants may do as
they wish with their property.
They haven’t been harmed or
denied their rights.”
Mayor Chris Frye believes
there is a need for the facility
and also the cottage housing.
“The facility does not
adversely affect the surround-
ings and it definitely meets
the need… The project is the
right thing.”
The question now is
whether Pinnacle and Adolf
will appeal the Council’s
decision to the State Land
Use Board of Appeals.
Adolf and Repucci had not
responded to emails from The
Nugget asking that question
by press time.
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