Despite nearly 40 hours of what both parties considered to be successful mediatation talks, the Blaine County Commission and developers for Cove Springs are once again at an impasse on how to move forward with the proposed subdivision.
The commission decided on Tuesday to delay voting on a remand agreement to remove jurisdiction over the subdivision application from 5th District Court and return it to the county. That would allow developers to submit a revised application as well as a rezoning application to the county Planning and Zoning Commission.
The proposed remand agreement comes after months of disputes and discussions between the developers and the county. In October 2007, the commission unanimously denied a subdivision application for the proposed development, which would be located on a small portion of the 4,630-acre Cove Ranch, five miles southeast of Bellevue on Gannett-Picabo Road.
In response, last January the developers filed a lawsuit against the county alleging improper procedure and arbitrary and capricious application of the law, lack of due process and the existence of bias and conflicts of interest. After refusing several offers for mediatation, the county agreed to it in late August.
Based on the mediation statement, which provides an overview of what occurred during the six mediation meetings, the remand agreement sets parameters for continued consideration of the development. If the county and the developers reach an agreement, the developers have said, they will suspend litigation.
The commission agreed with most of the details outlined in the proposed remand agreement, including major modifications to the existing application. According to the document, a revised application would reduce the number of buildings in the 4,630-acre subdivision from 307 to 215. The number of proposed buildings in "the Cove," a section east of Gannett Road, would be reduced to 24, and the parcels on the north side near Gannett Road and next to Griffin Ranch would be rezoned to allow increased density in that area.
However, the commission raised two major objections: one, the proposed timeframe for review of the revised application and two, a requirement that no appeals by any party, including third parties, could be filed in court more than 28 days after the county's decision.
The proposed schedule would require that the revised subdivision application and rezone application be submitted to the P& Z by Dec. 1. It would then go before the commission no later than Feb. 17. The agreement recommends that a decision be made by March.
Commissioners said the schedule was unreasonable as it would be difficult for the P&Z to make its recommendations in such a short time and it would disrupt the timing for other applications scheduled to go before the P&Z and the County Commissioners.
"I'm uncomfortable with this very aggressive schedule," said Commission Chairman Tom Bowman. "The idea here is to be realistic. That way the timeline means something."
In response to the 28-day limitation on appeals, Commissioner Larry Schoen expressed concern that the county was overstepping its bounds with regard to the public's ability to file suit.
"What I am not that interested in is anyone in the public having the sense that somehow there is a limit to their natural right, that we are trying to control beyond what we are trying to control," Schoen said.
Unable to reach an agreement, the commission decided to work on potential changes and reconvene on Thursday, Oct. 16, at 9:30 a.m. to vote.
While markedly disappointed, Cove Springs representatives remained upbeat.
"We remain optimistic," said attorney Martin Flannes. "We're hopeful to finalize this."
