Bend hearings officer OKs OSU-Cascades Westside campus

A city of Bend hearings officer gave approval Tuesday to the much-debated four-year Westside campus for OSU-Cascades, finding that the 10.4-acre initial undergraduate campus off Southwest Century Drive does or can comply with city rules – if 29 conditions are met along the way.

The 94-page decision by Hearings Officer Ken Helm (read it here – Adobe Acrobat Reader required) becomes final in 12 days, unless appealed to the city council by “a party of interest” – as has seemed likely ever since the Truth in Site organization formed to oppose what it considers an ill-chosen location that will overwhelm streets and housing in the area.

“It is a discretionary decision with the city council,” City Attorney Mary Winters told NewsChannel 21. “They don’t have to hear it. They could decide to hear it, if they decide that it’s a matter of significant community interest.”

The approval also states that a building permit must be issued within two years of when the decision is final, with a new approval required. It also says the approval would lapse “if development of the site is in violation of the approved plan or applicable codes.”

The approval includes design review for a residence hall, academic building and dining/living and learning center, based on plans submitted earlier this year.

The final site plan must include, for example, an accessible ramp between the dorm’s east entrance and the Century Drive right of way. It goes on to discuss the access off Century Drive, pedestrian crossings, fire truck access and a transit stop along Chandler Avenue.

Existing trees slated for preservation must be protected during construction, and 10 new street trees must be installed, along with a bond to make sure they are maintained.

The hearings officer directed OSU-Cascades to coordinate with the Bend-La Pine Schools and COCC to “avoid, when possible, the simultaneous scheduling of regular and special events that may overwhelm the commonly shared transportation facilities.

The plan calls for 19 on-street parking spaces along Chandler Avenue and 303 spaces in the development’s parking lot, along with more parking in an access lane off Chandler Avenue.

The proposed parking management plan must be implemented, Helm wrote, and the school must monitor the on-street parking system – with more steps required if the supply of available spaces becomes too low.

OSU-Cascades could, in that situation, be required to add parking, on owned or leased land, and within 1,000 feet of the campus, with deadlines laid out.

Much of Helm’s decision focused on the parking master plan, “arguably the most controversial aspect of the application,” which critics called “preposterous” but the school and its representatives vigorously defended.

The hearings officer said determining compliance with off-street parking requirements of the applicable part of Bend’s development code “represents a difficult if not perverse exercise because there is no legal standard set forth in the code for determining whether a PMP is adequate.”

Helms wrote that without a stated standard, as is the case in other parts of the city code, he had “little choice but to conclude that the city council, in adopting this provision, intended to provide a very flexible tool for estimating needed parking for colleges.”

He went on to refer to “a classic battle of the experts,” and concluded that the parking master plan meets a “substantial evidence” standard” — evidence that a reasonable person would rely upon in making the decision at hand.

Helm said he could not rewrite the standard to impose calculations the site opponents suggested, as “doing so would constitute the much dreaded and maligned ‘legislating from the bench,” outside the scope of his authority.

Helm also called it “an understatement to note that opponents were incredulous at the PMP conclusion that as much as 30 percent of the (students) served at full build-out would be composed of students who walk or bike to school” — especially during the icy winter months.

He noted the associated “very relevant” factor of “low availability of rental housing in Bend generally, and the even lower percentage of affordable housing on the west side. … Based on this information, opponents legitimately pose the question of ‘walk or bike from where?'”

Helm called that issue “the weakest part” of the parking plan and cited “a very real possibility that, at full build-out of the college, on certain days during the winter months, students numbering in the hundreds who might otherwise bike or walk would decide to drive to school, causing a significant amount of in-neighborhood parking.”

The hearings officer went on to find the proposal “minimally compliant” with the parking master plan standard, and said two revised conditions, to require more parking when the used-up supply hits certain thresholds, are “sufficiently enforceable to be effective.”

“However,” he added, “the success of the conditions will require genuine vigilance on the part of the applicant, the city and the neighbors.”

The hearings officer’s review process included public meetings that took place in early June, when Helm heard input from about 250 community members who testified or submitted written comments.

Plans for the campus site, at the intersection of Southwest Century and Southwest Chandler avenues, include buildings for academic space, dining and student housing, as well as for outdoor gathering spaces, parking and pathways.

The university says the facilities will accommodate a maximum of 1,960 students, faculty and staff, which reflects an additional 850 students than are currently taking classes at other locations.

“We appreciate the city’s and Mr. Helm’s thorough review of our application, as well as the extensive community input regarding the site plan,” said OSU-Cascades Vice President Becky Johnson.

At one point in the ruling, Helm said several issues “no matter how genuinely held are not relevant to the current application review,” due to the review standards hearings officers must operate under — from many residents’ long-held desire for a four-year university and its economic benefits to “testimony that Juniper Ridge would or would not be a better location.”

A bit earlier, he noted that the standard of review for elected bodies such as the city council “is much lower and potentially more flexible” — and “based on the level of public interest … it is almost certain that the hearings officer’s decision will be appealed to the city council.”

Kelly Sparks, associate vice president for finance and strategic planning, who has led both the application effort on behalf of the branch campus and many of the community planning meetings, said, “We look forward to engaging in continued community collaboration as we develop the comprehensive undergraduate and research institution that has been long sought by Central Oregon residents and regional leaders.”

OSU-Cascades officials said they anticipate the new campus will open in fall 2016 for undergraduates. Graduate programs will be conducted at the Graduate & Research Center, which is located a half-mile from the new undergraduate campus.

University officials plan to accommodate the first freshmen in fall 2015 using classrooms in both Cascades Hall, where undergraduates currently take classes, and in the Graduate & Research Center while construction occurs on the new campus site.

“The site approval marks another exciting step towards a four-year university for Bend and Central Oregon,” said Johnson. “It really kind of affirms what we believe which is that this is a great site for a campus here in Bend and we believe that the campus is really going to contribute to the community.”

City Manager Eric King said “it would be premature to weigh in on the substance of his decision,” as it “will most likely be appealed to the city council.”

Tune into NewsChannel 21 tonight at 5 and 6 for more about the city approval and reaction to it from the parties involved.