Dispute over proposed tasting room, wine-making at small vineyard divides neighborhood north of Bend

After Commissioner Phil Chang recuses self from hearing, both sides make their case

BEND, Ore. (KTVZ) -- "That's the bottom line: It's not safe on our single-lane road, and a lot of the neighbors oppose it." said Toby Bayard, an upset neighbor of Lava Terrace Cellars, which grows grapes for wins on about five acres off Bowery Lane but hopes to open a small "boutique winery," if Deschutes County commissioners say yes.

Bayard and husband Michel are the leaders of the Rock O' The Range Homeowners Association. They say the neighborhood voted to have no commercial activity in the area. Of the 15 neighbors, on the single street nine oppose a planned winery. Traffic, noise, and the environmental impact on wastewater are their main concerns.

"To have a winery in Oregon, you have to have 15 acres and be zoned exclusive farm use," Bayard said. "You can't just up and put a winery someplace where it's not permitted."

The Bayards say they are concerned the only way to access the winery would be Highway 97 onto a one-lane road.

The proposed winery would be on land owned by Dina and Duane Barker. Their property is just over 400 feet from Hunnell Road, which they say offers a safer route and with proper signage wouldn't disturb neighbors.

Dina Barker said, "We waited to actually know when Hunnell Road was going in before we did anything forward, doing the land-use application for the tasting room, because we didn't want this to be impactful to the neighbors. We really wanted to be mindful of what would be going on in the neighborhood and how this would affect everybody."

Dina Barker says the winery would only see patrons from June to September. She points to growth in the area already underway, saying the winery wouldn't bring as much change as current projects.

"Putting it in perspective, we have Costco going in less than a half-mile away. We also have the proposal for the Caraway project." Once that gets back on track, that you're going to have 701 homes that are literally just on the other side of this property here next to us."

The Barkers say they've met with the county, the roads department, the department of environmental quality and others to ensure they're following the rules.

The Bayards believe the winery got permits because the owners have a friendly relationship with Commissioner Tony DeBone. But they too have been connected to a county commissioner.

Phil Chang recused himself from a recent hearing on the Bayards' appeal after the appellants' attorney said they could challenge his involvement, as he received $7,000 in campaign contributions from the Bayards, who don't mind the vineyard but don't want a winery.

Toby Bayard said, "I think the vineyard is great, but I want our neighborhood to go back to where it was, where everybody got along."

Barker said, "We're also using a more natural approach to making our wines as well. And so I think that those are things that we're doing to actually, you know, improve the quality of the wine. But also things that we've done to support the concerns of neighbors."

The Bayards said they are considering legal action if the tasting room is approved by the two county commissioners who heard the matter. Both sides can submit written testimony for a few more weeks, and a decision isn't likely until after Memorial Day.

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