(Update: Video, comments from Pahlisch Homes and COBA added)

BEND, Ore. (KTVZ) — A group of organizations and businesses announced Wednesday that they have joined a lawsuit filed by Pahlisch Homes that seeks to force the city of Bend to suspend implementation of a new tree protection ordinance that they say will further drive up Bend’s astronomical housing costs.

“I think not only the developers, but the city, but also the population in general need to develop a clear understanding of the situation,” says Jason Myhre, Chief Information Officer at Pahlisch Homes.

Bend YIMBY (“Yes In My Back Yard”), Brooks Resources, Central Oregon Association of Realtors, Central Oregon Builders Association, Empire Construction & Development and Hayden Homes all joined a motion to intervene with the Oregon Land Use Board of Appeals in support of the appeal filed by Pahlisch Homes on August 6.

“We ask the elected officials of the City of Bend to reconsider their decision and make another attempt to better balance our priority housing needs in this community with tree protection,” Jim Roberts of Bend YIMBY said in a press release on Wednesday, prompting a statement from Mayor Melanie Kebler.

In Oregon, land use laws require that most residential buildings be built within city limits to protect farmland and forest land while providing sufficient land within the city for residential development.

“The end result was a series of recommendations that were never supported by the tree committee,” said Morgan Greenwood, COBA’s vice president of government affairs. “So every vote was a tie. And in some cases, there were items that we weren’t allowed to vote on at all, and staff moved forward without any comment from the tree committee.”

The City Council’s new ordinance is designed to further protect tree canopies within city limits to provide shade and quality of life and help mitigate climate change. However, critics say the ordinance will also make residential development in the city more difficult and expensive, which will have two major impacts on housing:

• Inhibiting or preventing housing construction on many city lots due to the location of trees, making it more difficult to increase housing supply in Bend
• The cost of housing is increased by charging a high fee or tax when trees are cut down to build houses, resulting in additional costs for housing throughout the city.

The parties to the motion stressed that they were not asking the city to abandon the policy, but rather to change key elements that better address the community’s housing concerns.

“We cannot stress enough that our appeal is not intended to undermine the valuable goal of tree protection,” said Dan Pahlisch. “But this tree protection ordinance is adding costs to housing construction in Bend and forcing developers to abandon projects they would otherwise have considered or instead raise sales prices – further driving up housing prices.”

The parties to the motion say the policy is unbalanced and that city leaders have ignored reasonable calls for compromise, including a list of clear recommendations that would have allowed for tree protection while increasing affordability.

“Housing costs are a concern for more and more people and employers in our community,” Greenwood said. “This intervention motion is an attempt to bring City Council back to the negotiating table on behalf of working families who cannot afford higher housing costs. By working more closely together, we believe we can find a better approach to the tree preservation ordinance that achieves conservation goals AND addresses the community’s housing concerns.”

The parties expressed hope that the City would agree to meet and seriously consider a set of concrete recommendations to mitigate the costly impacts of the zoning ordinance on housing in Bend, while providing valuable protection for the trees.

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Statement from Bend Mayor Melanie Kebler:

“Concern about the health of tree canopies in Bend is widespread in our community, and the City Council listened to many voices during the development of the updated tree ordinance. Those voices included some of the individuals now suing the city who were members of the advisory committee to update the tree ordinance.

“This committee produced a policy recommendation that represented a compromise between all sides. Then, at our final hearing, the Council made further changes to the Code based on feedback from the development community. We did not ignore calls for compromise, and the Code is sensible and balanced.

“The Bend City Council has consistently made policy changes for many years to support the development of needed housing in our city. Bend builds more housing per capita than any other city in the state. Affordable housing remains a priority for the Council, and we will continue policy work to reduce barriers to housing construction and lower housing costs.”