BEND, OR -- Housing Advocates, developers, and realtors are taking legal action to stop Bend's new tree code that went into effect August 16th. Central Oregon Builders Association, Bend YIMBY ("Yes In My Back Yard"), Brooks Resources, Central Oregon Association of Realtors, Empire Construction & Development, and Hayden Homes signed on to a motion to intervene filed with the Oregon Land Use Board of Appeals on behalf of the appeal filed by Pahlisch Homes earlier this month.
Morgan Greenwood, with the Central Oregon Builders Association, says revisions are needed, "The city didn't evaluate the impact of the new tree code on the cost of housing development. Our median home price and Bend is already sky high and this tree code is definitely going to increase those costs."
"All of the parties that joined in this motion to intervene were participating along every step of the way throughout the public process. And we made our concerns known throughout and we were simply ignored when these concerns were brought to the table," Greenwood says adding, "So really this motion to intervene is simply requesting a pause in the process with the hope of bringing the city back to the table."
They want the rules revised. "We recognize that trees are a large part of the reason that people move to enjoy the beauty of central Oregon. We are not opposed to preserving trees. We are just asking that because our housing crisis is affecting our entire community that we take into consideration how a tree preservation code does impact needed housing development," Greenwood says.
Pahlisch Homes filed the first motion to intervene on August 6th.
Mayor Melanie Kebler and the city released this statement after that motion was filed: "Concern for the health of Bend's urban canopy is widespread in our community, and the City Council heard from many voices throughout the development of the updated tree code. Those voices included some of the people now suing the City, who were members of the Tree Regulation Update Advisory Committee. That committee produced a recommended policy that was a compromise between all sides. At our final hearing, Council then made further changes to the code based on feedback from the development community. We did not ignore requests to compromise, and the code is reasonable and balanced. For many years, the Bend City Council has consistently made policy changes to support the development of needed housing in our city. Bend is building more homes per capita than any other city in the state. Housing affordability remains a top goal for the Council, and we will continue the policy work to remove barriers to housing and lower housing costs."
The coalition of groups released a statement to KBND News and provided details on their recommendations.
"We are asking City of Bend's elected leaders to reconsider, and take another crack at doing a better job of balancing our priority need for housing in this community with tree preservation," said Jim Roberts, with Bend YIMBY.
The parties are asking the City of Bend to consider six specific recommendations for reducing impacts to housing costs, including:
1. Inventoried vs Non-Inventoried Trees: Any tree, regardless of size, should not be required to be inventoried, preserved, or mitigated if it falls within an area of future or current right-of-way. This recommendation aligns with HPAC's recommendations.
2. Included Mitigation Count Trees: The required street trees, parking lot trees and landscaping trees should be included as part of the on-site tree replacement mitigation counts.
3. Proportional Fees: The fee for the payment in lieu of tree preservation must demonstrate that it is proportionate to the impact of the removal of existing trees, ensuring the fee is reasonable and takes into consideration the recent Supreme Court decision that contemplates proportionality of impact fees.
4. Tree Maintenance Timeframe: Replacement and preserved trees should be required to be maintained for a 3-year period from the date of land division final plat approval or building final inspection, whichever occurs first.
5. Prior Approved Masterplans: Masterplans that have received approval prior to the effective date of the proposed text amendments shall be exempt from the code changes.
6. Annual tree code review: The City will work with building community partners to develop criteria for evaluating the tree code on an annual basis.
