Friday, September 5, 2014

Bend UGB process takes a big step in a long trek



            It’s a foregone conclusion that Bend is on a growth path with forecasts that the current estimated population of more than 80,000, could expand to 110,000 in the next decade and a half.
            How and where the growth will be channeled and managed is the challenge facing the several city committees now working under a deadline to complete the state-required Urban Growth Boundary proposal.
It’s a complex task, involving analysis of many factors related to growth--economic, environmental, social--then identifying needed land for urban development, all within an umbrella long term “vision” for the community.
            At times it’s been a bumpy process--in part because the state Land Conservation and Development Commission (LCDC) returned the original 2008 plan to on “remand” for the city to make revisions.
            For some observers outside the government and development sectors the process seems complicated and convoluted, something only a policy and planning wonk would appreciate and endure.
            But it’s a high stakes exercise that in the end could make the difference on retaining that oft-touted quality of life that has drawn new residents or retained natives and old-timers. 
At a Sept. 4 meeting the steering committee for the UGB effort took a major step in accepting recommendations of three “technical advisory committees,” (TACs) essentially moving the process to another phase on the way to a final proposal.
            Some of the steering committee comments reflected the protracted nature of the work.
“I don’t want it to be pushed back to us like the last time and we’ve been working on this for five years,” observed steering committee chairman Victor Chudowsky, also a Bend city council member.
There is also recognition that the state method of growth planning does not rely on a traditional market demand model. This is especially evident in Bend where newer  single family detached housing sales are strong but construction has lagged for typically more affordable housing--such as apartments, townhomes and condominiums--in higher density areas.
In its current form, the UGB project has been organized around the steering committee and three TACs--1) a residential committee charged with identifying needs and housing types to meet that need; 2) an employment committee to identify land needed to support jobs; and a 3) boundary committee focused on identifying land for expansion of the city’s growth boundary or to develop within current lines.
Steering committee members include the full city council,  two planning commissioners, and a county commissioner. The TACs are comprised of ex officio representatives of planning staff, the state Department of Land Conservation and Development, and Oregon Employment Department, along with local business owners, developers and others from the real estate industry, various community organizations and at large citizens.
Housing--what, how much and where?
Thus far the most debated issues have emerged in the residential TAC committee, involving the types of housing and number of units in each that will  pass state muster, and fit into the city’s vision for the future.
In its 2008 UGB proposal that was returned on remand by the state, the city assumed 65% of new housing needed by 2028 would be single-family detached, and 35% would be combination of single-family attached, such as townhomes, and multi-family, which would include duplexes. condominiums and apartment buildings for either homeowners or renters.
The TAC group began its work with a baseline assessment as of January of 2014 that assumed 16,681 total new residential units would be required by 2028 in a mix of 65% single family, 2% single family attached and 33% multi-family.
Then the TAC  considered two options, designated Trend 1 and Trend 2, both of which would reflect the 16,681 units needed by 2028, but with a different mix of housing types. Trend 2 would be favor more single family attached and multifamily housing over single family detached.
The UGB housing mix options
By a 14-2 vote the residential advisory committee recommended Trend 2, which would reduce the number of single family detached units to 55% from the January baseline of 65%, or from 10,843 to 9,175. It would increase the single family attached percentage to 10% from 2%, or by 1,334 units from the baseline 334. The number of multi-family units would increase from 33% to 35% in Trend 2, or from 5,505  to 5,838 by 2028.
Several members of the residential TAC said at the Sept. 4 meeting that they voted for Trend 2 with reservations, but with the intent to move along the process and possibly refine the numbers in later discussion.
The LCDC said the city would need to show better “linkage” between forecast growth, demographic characteristics of current and new residents and their ability to pay for housing, and the availability of housing to address those criteria.
City attorney Mary Winters noted that LCDC has warned the city, “it can’t rely on market alone,” in developing the UGB plan. “The last time around we didn’t listen to the state,” she added.
Decision not "cast in stone"
At the suggestion of city planner Joe Dills the steering committee voted 6-2 to proceed with Trend 2 as a guideline for integrating the residential needs component into development of the overall UGB proposal.
Dills  said the vote should be viewed  “on the premise it is cast in clay...not in stone,” to which planner Brian Rankin added, “It’s not in the kiln.”
The steering committee voted 6-2 to proceed with the Trend 2 scenario.
Turning to the employment TAC recommendations the eight voting steering committee members unanimously adopted “Scenario A,” described in a memo from Dills and Rankin  as resulting from, “a relatively simple formula of dividing employment projections by employment density to arrive at land need.”
Another option, “Scenario B,” would be based on a  “market factor” to include more land for employment than required to meet minimum needs. In part the recommendation of Scenario A tracked with the LCDC “remand order” and considered that it  “will be legally defensible,” according to the memorandum.
Also cited was a state Court of Appeals case related to the Woodburn UGB, which the Dills and Rankin memorandum noted as an example that, “no city has successfully justified a larger employment land need through use of a market factor.”
The technical advisory committee working on the urban boundary recommendations was confronted with the additional complication of a 2011 Court of Appeals decision on the McMinville UGB coming after the 2008 LCDC remand order.
In a memorandum to the boundary TAC, city attorney Winters summarized how the court decision could be applied along with the remand order.
Winters outline concluded the city should start with land needed according to the forecast population and related need for housing, employment, public and semi-public uses. Land under consideration would be categorized as exception lands or resource lands, with sub-categories according to soil classes.
A 2-mile boundary study area
A 2-mile boundary expansion study area
Bend’s first priority should be exception lands, which generally is land available through existing infill or rezoning. The process would exclude unbuildable land; land based “upon specific needs;” land where providing urban services would be unreasonable; land not compatible with agricultural and forest activities; and land based upon analysis of comparative economic, energy and social consequences.
If the amount of land remaining after exclusions is greater than the need, the city would then “pick and choose” land to accommodate identified needs,  in a similar reverse process using the characteristics that were previously used to exclude lands.
Should the land remaining after exclusions be less than needed land, the city could then turn to analysis of resource lands, such as agricultural and forest lands, using the same procedure as with the exclusion process.
The  boundary TAC recommendation is based on extending the current urban growth boundary study area by a uniform 2-miles around the city, an area that would encompass 40,000 acres.
A boundary TAC representative said a 3-mile study boundary was considered but discounted in that the 2-mile  line was “considered more than adequate.” The TAC, it was noted, “has to come up with land (estimates) first without knowing needs.”
According to the city’s published schedule, this Phase 1 of establishing “methods and policy direction” completed by February of 2015.
In subsequent Phase 2 the city will work with consultants using a software modeling program, Envision Tomorrow, to complete a plan that includes actual growth and development scenarios.  The final Phase 3 would conclude with  adoption and implementation of the UGB plan by April of 2016.