Civic Calendar

The Bend Planning Commission will soon consider proposed vacation home rental regulations drafted by a volunteer task force.

The task force was formed in response to complaints from Old Bend and River West residents who said their neighborhoods have become overrun with vacation rentals, eroding their sense of community. Those in the industry have stressed the importance of tourism dollars and argued complaints have been exaggerated.

To propose new rules, the City Council appointed a task force that balanced the interest of neighbors with those who own rentals. It is expected the City Council will vote on new regulations in March, but before then, the planning commission will hold a hearing on the task force’s policies and offer its own recommendation for the councilors to consider.

Meeting this month

The planning commission’s hearing is scheduled for 5:30 p.m. Feb. 23 at City Hall. The meeting will focus on land use rules, including a new set of guidelines to block rentals from clustering in certain neighborhoods. The task force also proposed a more thorough review process for those seeking a new permit, including a requirement that applicants hold a public meeting.

Some of the proposed regulations are included here, with explanation and other notes:

Definition — “Short Term Rental means the use of a dwelling unit by any person or group of persons entitled to occupy for rent a period of less than 30 days. Short Term Rentals also includes Vacation Home Rentals approved prior to (date to be set), but does not include bed and breakfast inns, hotels and motels.“

The task force agreed to shift the name from “vacation home rental” to “short term rental” in order to avoid confusion, as rental properties are often used for purposes beyond vacationing.

“We wanted the name to focus on when you’re renting to a transient population,” said Assistant City Manager Jon Skidmore, who is managing the task force. “These places aren’t always used for vacations. For instance, there are auditors who come to town periodically to review the city’s finances, and I understand they stay in these rentals.”

Many of the new rules would also apply to “short term room rentals,” which covers the renting of a room within an occupied house for less than 30 days. Many of the listings on Airbnb, a popular online rental company, fall under this umbrella.

Spacing option 1 — “Including the subject property, no more than 5-10 percent of the residentially zoned properties … within 250 feet measured radially from the subject property boundary, as determined by the City of Bend Community Development Director or designee, may be Short Term Rentals.”

The task force spent much time debating how to prevent new rentals from clustering in certain neighborhoods. In the end, the group proposed two options for the planning commission to consider. Both options rely on measurements taken from a rental’s property line. For example, the 250-foot rule covers everything within 250 feet of a rental’s property line. Because parcels are often irregularly shaped, these zones will often appear irregular, instead of being shaped like a square.

Skidmore noted the first proposal had more support and was simpler, though he said the city “would have no problem” enforcing either route.

The group was not able to reach a consensus on what percentage to cap rentals at, but instead agreed in both proposals to a 5 to 10 percent range.

Spacing option 2 — “At least 250 feet of separation between properties with a permitted Short Term Rental measured radially from the property boundary of the subject property as determined by the City of Bend Community Development Director or designee; And, including the subject property, no more than 5-10 percent of the residentially zoned properties … within one-fourth mile measured radially from the subject property boundary, as determined by the City of Bend Community Development Director or designee, may be Short Term Rentals.”

The addition of the one-fourth mile rule was suggested by Stephen Junkins, a resident of River West concerned about the impact of rentals.

“The 250 feet protects the one house from being surrounded, and the quarter mile protects the whole neighborhood from being overrun,” Junkins said during a January task force meeting.

Skidmore said the quarter-mile rule “doesn’t necessarily protect against the impacts that have come up.”

“Nor does it recognize that things could be appropriately spaced within that quarter-mile ring, but it’s one of the proposals to be considered,” he added.

Regardless of which option is supported by the planning commission, the task force has recommended that rentals available for less than 20 days a year be exempt from the spacing rules.

Existing permits — “Any Short Term Rental approved and legally permitted under the former (rules) may continue as a legal nonconforming use provided: (a) That the use is not abandoned … and (b) That the owner obtains and renews the annual license.…”

To the disappointment of task force members representing Old Bend and River West, even the strictest spacing regulations will have no immediate impact on the dense packing of rentals on the city’s west side. Under Oregon law, the new land use rules cannot be applied to the existing properties. However, the city is working on setting up an annual licensing system which will include the old rentals. Failure to participate in that program could lead to an existing rental losing its permit.

The task force, Skidmore said, is next scheduled to discuss what exactly the license will entail. All of the proposed regulations are available on the city’s website on its Vacation Home Rental Task Force page.

— Reporter: 541-633-2160, tleeds@bendbulletin.com