Pahlisch Homes appeals Bend’s new tree preservation rules; city rejects call for pause to deal with builders’ concerns

(Update: City defends new rules, process, declines to pause implementation); Pahlisch responds)

BEND, Ore. (KTVZ) -- Pahlisch Homes, one of Bend's largest developers, has appealed the city's updated tree preservation rules to the state Land Use Board of Appeals, while urging the city to pause implementation to deal with builders' concerns about the "severe impacts on development in Bend." The city on Thursday defended the process it used and the resulting code, saying it will take effect this month as planned.

Pahlisch Homes' Chief Communications Officer Jason Myhre told NewsChannel 21 Wednesday evening, "We would be happy to drop the appeal if the city would pause the implementation and convene a public process where developers and builders are more appropriately represented.  We are confident if they do that, we can easily come to a solution and present the city council with amendments that will work better for everyone."

The city attorney's office claimed Pahlisch made "unnecessarily inaccurate statements" to the media and claimed the process was "far from rushed," taking over a year. It said the new regulations will take effect on Aug. 16 as planned and noted the council directed an annual review to ensure the rules are having the desired impact of retaining Bend's tree canopy while not being overly burdensome on developers.

Myhre also had a reaction to the city's statement:

"It would be unfortunate if the city doesn’t see value in at least coming to the table to respond to each of the concerns that were voiced from the building and development community throughout the entire year of the TRUAC process.  The amendments that they approved were the result of a non-unanimous vote that took place in the TRUAC, with all opposing votes coming from the building and development community representatives.  This doesn’t represent the intentions of collaboration and should, at the very least, be a cause for pause before their final implementation. 

"The council did not take the time to investigate those concerns brought up in the TRUAC and again during the City Council hearing, where 17 individuals from the public and development community testified in opposition.  This has forced us with no other option than to appeal to hopefully accomplish what should have been accomplished by the council before they approved the amendments.  We still are confident that the city will demonstrate a willingness to come to the table for further discussions and exhibit a heart of collaboration in addressing the specific concerns brought up in the TRUAC process."

Here's Pahlisch Homes' full statement on its notice of appeal, filed Tuesday, and the response statement issued Thursday by the city attorney's office:

On Tuesday, August 6, Pahlisch Homes submitted an appeal to the City of Bend on the recently approved tree preservation amendments to the development code as it is currently written. 

The appeal is not based on a lack of appreciation for the work done by the committee or against the intentions of the amendments, as Pahlisch Homes supports the city’s efforts to responsibly maintain and enhance the city’s tree canopy.

The City of Bend developed the Tree Regulation Update Advisory Committee (TRUAC) to assist with the creation and adoption of amendments to the Bend Development Code relating to tree preservation.  Of the 13-member committee, Pahisch Homes was the only developer along with another home builder and three other representatives that held positions directly related to the development community.  

The understanding of the committee’s purpose was to develop a true collaborative process that would result in a code that would not cause any major impediments to Bend housing and be mutually beneficial to everyone involved. 

The resulting amendments that were hastily adopted by the City Council do not represent those objectives and fail to acknowledge, understand, and address the hindrances brought up by the five building industry committee members that voted against it. 

Furthermore, at the City Council meeting held on June 20, the council heard many more oppositional testimonies from a large representation of Bend community leaders.  These testimonies appeared to be completely overlooked and the code amendments were adopted immediately after. 

The appeal is not to eliminate the amendments or even to communicate any level of aversion for trees.  Our stance is to identify that the City Council moved too quickly through the process of a code amendment, and they do not have a clear understanding of the severe impacts on development in Bend. 

Under its current state, the code would have adverse effects and create barriers to providing needed housing and other uses within Bend. 

A perfect example of this is with one of Bend’s largest signature master-planned communities, Northwest Crossing.  Under the adopted amendments, this community, along with other highly regarded communities such as Stonegate and The Bridges at Shadow Glen, would not be possible to recreate due to the heightened mitigation standards. 

The appeal is a direct call to pause the implementation of the amendments until these valid concerns can be addressed between the City of Bend and the Bend development community.  

Pahlisch Homes is requesting the City of Bend to honor the collaborative process that was originally communicated in the introduction of TRUAC. 

Their acceptance of the appeal and a pause in the execution of the amendments would communicate their dedication to community and the synergy that needs to exist between city government and local business leaders to maintain the vibrancy and beauty of Bend. 

It would open the door for TRUAC to convene a public process where developers and builders are more appropriately represented, as well as other members of the public who can work together to develop proposed amendments that will not stymie needed housing and employment development through unreasonable costs and the loss of residential density.