On June 22, the Hearings Officer issued her decision on the Sunny Breeze 42-lot subdivision and upheld all the City’s conditions for approval of the application. This includes the requirement to have two entrance/exit roads for fire safety. On July 10, the developer submitted a Notice of Intent to Appeal the decision to the Land Use Board of Appeals (LUBA). The City sent the record of decision on August 4, so that means a decision would be made by October 20.

We have learned that the City is in the process of determining whether there’s a viable way to obtain a second fire apparatus access road that could meet the requirements of the Sunny Breeze land use approval. This has raised questions about the impact on the adjacent Canopy Trail.

Following is a statement from City Planner Elizabeth LaFleur on the matter:

“The intent is for the City and the developer to find an alignment for a temporary fire apparatus access road that can maintain fire safety for the proposed residential development without interfering with the present use of the trail. The City is not contemplating any permanent actions before 2034 that would interfere with or jeopardize Pahlisch’ ability to master plan the area as contemplated at the time the PLAs [property line adjustments] were done.”

“We too are hoping we can find a win-win solution that enables the housing to be developed in a fire-safe way while at the same time preserving the current trail and the future development of the Pahlisch master plan.”

We asked Ms. LaFleur for information on the location of the potential temporary access road and she indicated she was not aware of discussions regarding specific locations on the ground for secondary fire access. Ms. LaFleur also indicated that she is not aware of other issues under appeal that the City is trying to resolve. Furthermore, it would be up to the developer to withdraw the LUBA appeal if he feels his issues are resolved in such that a way that his appeal to LUBA is no longer necessary.

We will continue to monitor the City’s efforts. In the meantime, you can email Elizabeth LaFleur at elafleur@bendoregon.gov with your questions. Please include project number PLLD20250690.