BEND, Ore. (KTVZ) – Pahlisch Homes, one of Bend’s largest developers, has filed an appeal with the state Board of Land Use Appeals against the city’s updated tree protection regulations, while also asking the city to pause enforcement to address the developer’s concerns about “serious impacts to development in Bend.”

Jason Myhre, chief communications officer for Pahlisch Homes, told NewsChannel 21 on Wednesday evening, “We would be happy to withdraw the appeal if the city suspends implementation and convenes a public process where developers and builders are more adequately represented. We are confident that in this case we can easily come to a resolution and present amendments to the city council that are better for everyone.”

Here is Pahlisch Homes’ full statement on its appeal, filed Tuesday. NewsChannel 21 was informed that the district attorney’s office is preparing a response that it will release on Friday:

On Tuesday, August 6, Pahlisch Homes filed an appeal with the City of Bend against the recently approved changes to the current zoning ordinance regarding tree protection.

The objection is not based on a lack of appreciation for the work of the committee or a rejection of the intentions of the amendments. Rather, Pahlisch Homes supports the city’s efforts to responsibly preserve and enhance the city’s tree canopy.

The City of Bend established the Tree Regulation Update Advisory Committee (TRUAC) to assist in the creation and adoption of changes to the Bend Development Code related to tree protection. Of the 13-member committee, Pahisch Homes was the only developer, along with one other homebuilder and three other representatives who held positions directly related to the development community.

The goal of the committee was to develop a truly collaborative process that would result in a code that would not create major barriers to housing development in Bend and would be beneficial to all involved.

The resulting amendments hastily adopted by the City Council do not reflect these goals, nor do they acknowledge, understand and address the obstacles raised by the five Planning Committee members who voted against them.

In addition, the City Council heard many other oppositional statements from a large number of Bend community leaders at the June 20 meeting. These statements seemed to have been completely overlooked, and the legislative changes were passed immediately afterward.

The appeal is not intended to strike down the changes or even express an aversion to trees. Our position is that the City Council has rushed through the process of changing the zoning code and is unaware of the serious impacts on development in Bend.

In its current form, the code would have adverse effects and would create barriers to the provision of needed housing and other uses in Bend.

A perfect example of this is one of the largest master-planned communities in Bend, Northwest Crossing. Under the adopted changes, it would not be possible to restore this community, as well as other highly regarded communities such as Stonegate and The Bridges at Shadow Glen, due to the increased redevelopment standards.

The appeal is a direct call to suspend implementation of the changes until these legitimate concerns can be resolved between the City of Bend and the Bend Development Community.

Pahlisch Homes is urging the City of Bend to adhere to the collaborative process originally communicated when TRUAC was introduced.

Their acceptance of the appeal and a delay in implementing the changes would demonstrate their commitment to the community and the synergy needed between city government and the local business community to preserve the vibrancy and beauty of Bend.

This would enable TRUAC to convene a public process in which developers and builders, as well as other members of the public, are better represented and can work together to develop proposed changes that do not impede necessary housing and job creation through unreasonable costs and loss of residential density.