2024-231-Order No. 2024-029 Recorded 8/19/2024REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2024-231
Steve Dennison, County Clerk
Commissioners' Journal 08/19/2024 11:34:33 AM
2024-231
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Reopening the Record for File No.
247-23-000700-TA * ORDER NO. 2024-029
*
WHEREAS, the Board of County Commissioners ("Board") is the hearings body for a
legislative text amendment (File No. 247-23-000700-TA), legislative amendments to amend
Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary
Zoning Ordinance to allow RVs as rental dwellings subject to certain criteria per the adoption of
SB 1013; and
WHEREAS, on May 8, 2024, the Board held a public hearing on the proposal, at the
conclusion of which the Board closed the public hearing and allowed an open record period that
concluded on May 29, 2024;
WHEREAS, DCC 22.24.160(A) grants the Board discretion and authority to reopen the record
either upon request or upon its own initiative;
WHEREAS, on June 10, 2024, the Board directed staff to conduct further research on
selected topics related to the proposed amendments; and
WHEREAS, the Board finds it is necessary to reopen the record to afford all parties sufficient
time to present the information requested and respond to that information; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Pursuant to DCC 22.24.160(A), the record of the legislative proposal shall be
reopened to accept new testimony for a period of time concluding on November 1, 2024 at 4:00
PM.
ORDER No. 24-029
Section 2. Staff shall give written notice to all parties that the record is reopened as
established in this Order.
DATED this day of , 2024.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
PATTI ADAIR, Chair
ANTHONY DeBONE, Vice Chair
Recording Secretary PHIL CHANG, Commissioner
ORDER NO.24-029
MEETING DATE: August 14, 2024
SUBJECT: Continued Deliberations - RVs as Rental Dwellings
RECOMMENDED MOTION:
Given the factors outlined in the attached memorandum, the Board can choose to:
• Proceed to deliberations with the existing record.
• Re -open the record for a period of time to receive new information on potential
approaches to fire issues, as well as update efforts made to date by other counties,
with deliberation to follow after the closing of the record. Staff recommends an open
record period of three months and has provided a draft Board Order for
consideration if this option is preferred.
• Pause this legislative process without reopening the record for a specified time for
staff to observe the approaches to and impacts from SB 1013 implementation in
other counties.
BACKGROUND AND POLICY IMPLICATIONS:
On August 14, staff will check in with the Board of Commissioners concerning a legislative
text amendment to consider allowing recreational vehicles (RVs) as rental dwellings (File No.
247-23-000700-TA) under Senate Bill 1013. The attached memorandum reports progress
made since staff last met with the Board on June 10 and outlines possible options for next
steps.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
Will Groves, Planning Manager
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
Will Groves, Planning Manager
DATE: August 7, 2024
SUBJECT: Continued Deliberations - RVs as Rental Dwellings
On August 14, 2024, staff will continue discussion with the Deschutes County Board of Commissioners
(Board) concerning deliberations for a legislative text amendment to consider allowing recreational
vehicles (RV) as rental dwellings (File No. 247-23-000700-TA) under Senate Bill 1013. The purpose of this
memorandum is to report progress since staff last met with the Board on June 10, and to seek direction
on next steps, which are outlined at the end of this memorandum.
I. PROCEDURAL BACKGROUND
Staff submitted a Post -Acknowledgement Plan Amendment notice to the Department of Land
Conservation and Development on October 4, 2023. Staff presented information on the proposed
amendments at a Planning Commission work session on October 12, 2023.' The Planning Commission
held an initial public hearing on November 9, 2023, 2 which was continued to December 14, 2023.3 At that
time, the hearing was closed, and the written record was held open until December 28 at 4:00 p.m. The
Planning Commission began deliberating on January 11, 20244 and elected to continue the discussion to
January 23 to form a complete recommendation to forward to the Board. After deliberating, the Planning
Commission voted 4-3 to not recommend adoption by the Board. In addition, the Planning Commission
chose to provide recommendations concerning the draft amendments if the Board chooses to move
forward with adoption.
Staff provided a summary of the amendments and the process thus far at a February 28 work sessions
to the Board and followed up with additional information on several topics on March 27,6 at which time
the Board directed staff to proceed with a public hearing. A public hearing was held before the Board on
1 https://www.d.eschutes.org/bc-pc/page/planning-commission-41
z https://www.deschutes.org/bc-pc/page/planning-commission-40
3 https://www.deschutes.org/bc-pc/page/planning-commission-43
4 https://www.deschutes.org/bc-pc/page/planning-commission-44
s https•//www deschutes org/bcc/page/board-county-commissioners-meeting 157
6 httpss•//www deschutes org/bcc/page/board-county-commissioners-meeting-161
May 8, 2024. At that time, the public hearing was closed, and the written record was held open until 4
p.m. on May 29.'
Staff met with the Board on June 10'to begin the deliberative process, orient the Board to issues raised
in the record, and receive feedback on areas of Board interest or concern. During that meeting, the Board
directed staff to further research issues relating to fire protection and associated resources, and to gather
information about the status of other counties regarding SB 1013 before proceeding with further
deliberations.
II. FOLLOW UP TOPICS
It is important to note that the public record for the proposed amendments closed on May 29. Therefore,
staff is providing limited general observations in this memorandum that are intended to assist the Board
with the logistics of the deliberative process. If directed by the Board, staff will reopen the public record
to allow for staff to conduct additional coordination, and during which time staff will enter a
memorandum into the record that specifically summarizes information concerning the topics below; the
open record period will also provide time for public comment on these materials. Only the information
submitted to the record would be utilized in the decision -making process.
Fire Protection Districts
As discussed previously, RVs as rental dwellings are not taxed as real property; improvements to the
property for the parking pad and pedestal for essential services could trigger a nominal increase in
property tax collected, but is not anticipated to be significant, or compare to the property tax revenue
that could come with other types of dwellings/additions. Therefore, the proposed amendments would
potentially place more demands on rural fire districts without a commensurate increase in revenue to
pay for it. The Board directed staff to further explore this issue.
Staff was able to coordinate with a representative from one fire district, who provided insight regarding
funding and resources, as well as potential regulatory strategies to incorporate into the amendments.
Given that Central Oregon is in the middle of an intense wildfire season, other districts were not available.
However, staff may be given the opportunity to participate in a meeting of the Central Oregon Fire Chiefs
Association (COFCA), tentatively scheduled for August 14, or a future meeting at a date to be determined
and anticipates additional input could be provided during that meeting that will help inform this process.
All input concerning fire issues would be consolidated into a staff memo to be entered into the record if
and when it is re -opened.
Other Oregon counties
As noted previously, Deschutes County is often one of the first —if not the first —counties to adopt
legislative changes based on changes to state law. SB 1013 is no different. The Board expressed interest
7 The record, which contains all memoranda, notices, and written testimony received, is available at the following website:
www.deschutes.org/rvamendments
8 https:/Iwww.deschutes.org/bcc/page/board-county-commissioners-meeting-175
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in learning which counties have proceeded with amendments codifying SB 1013 and any relevant details.
To date, staff is aware of one county, Clackamas, that had adopted amendments to allow RVs as rental
dwellings, which will go into effect on September 3. More details about those amendments can be
provided in a staff memorandum to be entered into the record if/when it is re -opened.
111. OPTIONS FOR NEXT STEPS
Given the factors outlined in this memo, the Board can choose to:
Proceed to deliberations with the existing record.
• Re -open the record for a period of time to receive new information on potential approaches to
fire issues, as well as update efforts made to date by other counties, with deliberation to follow
after the closing of the record. Staff recommends an open record period of three months and has
provided a Board order as an attachment if this option is selected.
• Pause this legislative process without reopening the record for a specified time for staff to observe
the approaches to and impacts from SB 1013 implementation in other counties.
Attachment
1. Board Order No. 2024-029
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