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2020-290-Ordinance No. 2020-006 Recorded 8/13/2020Recorded in Deschutes County CJ2O2O-290 Nancy Blankenship, County Clerk RJE,VIEWED Commissioners' Journal 08/13/2020 9:24:13 AM TF.S LE AL COUNSEL II I I I II I IIIII II I II II I II III I III z 2020-290 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 2, Administration, and, Title 23, Deschutes County Comprehensive Plan, to Update the County's Historic Resource Inventory and the * ORDINANCE NO. 2020-006 County's Historic Preservation Ordinance to Comply with the State's Historic Preservation Rule in OAR 660-023-0200. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File Nos. 247-20-000253-PA and 247-20-000254-TA) to the Deschutes County Comprehensive Plan, Chapter 2, Resource Management, Chapter 5, Supplemental Sections, and Deschutes County Code ("DCC"), Chapter 2.28, Historic Preservation and Historic Landmarks Commission to update the County's Historic Resource Inventory and the County's Historic Preservation Ordinance to comply with the State's Historic Preservation Rule in OAR 660-023-0200; and WHEREAS, the Deschutes County Historic Landmarks Commission reviewed the proposed amendments on June 1, 2020, and the Planning Commission reviewed the proposed amendments on June 25, 2020, with both Commissions then forwarding a recommendation of approval to the Deschutes County Board of County Commissioners ("Board"); and WHEREAS, the Board considered this matter after a duly noticed public hearing on July 22, 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive Plan Title 23 and Deschutes County Code Chapter 2.28; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri ��h. Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource Management, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in sti4 e Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplemental Sections, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stT-i��. PAGE 1 OF 2 - ORDINANCE NO.2020-006 Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary Section — Legislative History, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stf� Section 5. AMENDMENT. Deschutes County Code Chapter 2.28, Historic Preservation and Historic Landmarks Commission, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language. underlined and language to be deleted in s*�'��g h. Section 6. FINDINGS. The Board adopts as its findings Exhibit "F", attached and incorporated by reference herein. Dated this I of , 2020 0 ATTEST: / a aA Rec mg Secret ry BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTIADAIR, Chair Date of 1 It Reading: day of , 2020. Date of 2' Reading: � day of .12020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson _ Patti Adair Anthony DeBone Effective date: day of bV 1 2020. PAGE 2 OF 2 - ORDINANCE NO.2020-006 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. PP The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance 2020-006 are incorporated by reference herein. (Ord. 2020-006§1, 2020; ...) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) Chapter 23.01 (4 05/2020) Exhibit A - Ord. 2020-006 seoe Ovx, 2.11 Cu.L,tu raL a wol KStort r, pzeso .YGes Background Historic buildings and sites connect us to the past and teach us how people in different eras managed resources and worked within their surroundings. Interesting information can be gleaned through an examination of significant buildings, rock shelters, cemeteries and individual graves, ranches, trails, wagon train routes, townsites, mill sites, fish hatcheries, river crossings, bridges, canals, dams, historic roads and other unique resources. These resources enrich the community by providing tangible evidence of our heritage. Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023. The Statewide Goal and OAR Fecernmend, but de net require,require basic demolition and relocation review of historic resources on the National Register of Historic Places and recommend the County to inventory and protect other local historic and cultural sites. Deschutes County Code Chapter 2.28 — Historic Preservation and Historic Landmarks Commission implements OAR 660-023-200 as required by the State of Oregon. Historic Designations In 1979 the County inventoried potential historic and cultural sites in the Resource Element. The 1979 Plan included goals and policies for protection of historic resources as well as provisions that the County establish a Historical Landmarks Commission and adopt an ordinance to protect designated historic sites. On September 17, 1980 the Board of County Commissioners adopted Ordinance PL-21, which established a Historical Landmarks Commission and created a process to evaluate, designate and regulate historic structures. The Historic Landmarks Commission subsequently, and over time, evaluated proposed historic sites. The resulting inventory of historically designated sites can be found in Chapter S. This inventory will be reviewed as part of the Goal 5 review as described in the Goal 5 section of this Plan. Starting in 1997, all historic and cultural designations have been initiated at the request of property owners through the Comprehensive Plan text amendment process. Cultural and Historic Resources 20102020 Source: County GIS and Comprehensive Plan Information ■ "35 Historic or Cultural sites in the Comprehensive Plan Inventory ■ 6-13 Sites in Deschutes County on the National'-',-„steFieRegister of Historic Places Future of Cultural and Historic Resources Deschutes County supports the voluntary preservation of significant cultural and historical sites. Going forward there are a few issues regarding cultural and historical resources that need to be addressed. The first is to clarify that the County's role is to cooperate with the Historic Landmarks Commission. That body contains persons with expertise in historic and cultural preservation. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.11 CULTURAL AND HISTORIC RESOURCES Exhibit B - Ord. 2020-006 but weuld ensure the lust us useful te the ssueS Ean be ef Hoster-ic RaEes. Adding these sites te the list weuld net ctien frern the prepeFty Another concern is that when cultural resources are discovered at a project site it can create significant delays. This can be addressed by creating a proactive process in conjunction with local tribes, for protecting cultural resources while not impacting on -going work. 2 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.11 CULTURAL AND HISTORIC RESOURCES Exhibit B - Ord. 2020-006 seoewvv 2..:.i. Cu.Ltu.rat awol Kstor�o R.esou.roes T->ol,'L'cLes Goal and Policies Goal 1 Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.1 1.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. Policy 2.1 1.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government. b. Encourage private property owners to coordinate with the State Historic Preservation Office. Policy 2.1 1.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. Policy 2.1 1.4 Goal 5 historic inventories, BEES and programs are retained and not repealed, except for the amendment noted in Ordinance 201 1-003. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 3 CHAPTER 2 RESOURCE MANAGEMENT REFERENCES Exhibit B - Ord. 2020-006 seeu*ow 59 cioaL 5 Iwvewt0r0 cultural, awd Historic tzesources Background This section centains iinfeFmatien frem the 1979 Deschutes Ge my C he DL, a. It 1;sts the I* d hi eee5 lists Locally Significant Historic Resources and National Register Resources in rural Deschutes County. These inventories haye beenare acknowledged by the Department of Land Conservation and Developmentas Es+nplying-Mth Canal.Geal S. One miner change has been made te acknewledge an already appreyed and exwiatft Ehange te Number 30, the Tumale Creel( Diyersien Darn and Headgate ef the Feed In 2020 Deschutes County's inventories were updated to comply with Oregon Administrative Rule (OAR) 660-023-0200 Historic Resources. OAR 660-023-0200 was amended in inventeryLoca Significant Historic Resources I. Alfalfa Grange: Grange building and community center, built in 1930, located on Willard Road, Alfalfa. 17-14-26 TL 400. 2. Allen Ranch Cemetery: Oldest cemetery in Deschutes County. 30' by 40' fenced cemetery plot. Situated 100 yards west of South Century Drive, one-half mile south of Road 42. Two marble gravestones, two wooden markers. 20-1 1-7 TL 44891700. 3. Fall River Fish Hatchery "Ice House": The hatchery "Ice House" dates from the beginning of fishery management in Oregon, circa 1920. It is an 18 foot by 18 foot improvement, the only original building remaining on the property, and the only significant building or structure on the site. Located at 15055 S. Century Drive, E'/2; NE'/4; Section 32, Township 20S, Range 10 E, Tax Lot 100. (Ordinance 94-006 § 1, 1994). 4. Long Hollow Ranch — Black Butte: Headquarters complex of historic ranch, located on Holmes Road in Lower Bridge area, including headquarters house, ranch commissary, equipment shed, barn and bunkhouse. 14-1 1-1 TL 101. 5. Swamp Ranch — Black Butte: The present day site of the Black Butte Ranch was part of the vast holdings of the Black Butte Land and Livestock Company in 1904. No buildings from the period exist. 14-9-1 OA, I OB, 15B, 15C, 16A, 21 A, 21 B, 21 C, 22A, 22B. 6. Brothers School: Only one -room schoolhouse currently in use in Deschutes County, located on Highway 20 in Brothers. 20-18-00 TL 3200. 7. Bull Creek Dam: The Bull Creek Dam, a component of the Tumalo Irrigation Project was constructed in 1914 to form a water storage reservoir to increase the amount of irrigated acreage at Tumalo. It is a gravity type of overflow dam. Two cut off walls are extended into solid formation, one at the upper toe and the other at the lower toes of the concrete dam. The dam proper is about 17 feet high from the foundation, although the completed structure is about 25 feet. Located on Tumalo Reservoir -Market Road. 16-1 1-33 TL 2700 SW-'/4; SW-'/4. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 1 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S. I I GOAL 5 ADOPTED ORDINANCES Exhibit C - Ord. 2020-006 8. Bull Creek Dam Bridge (Tumalo Irrigation Ditch Bridge): Built in 1914, the bridge, which spans the dam, consists of five continuous filled spandrel, barrel -type concrete deck arch spans, each 25 feet long. The concrete piers are keyed into notches in the arch structure. The structure is the oldest bridge in Deschutes County. On Tumalo Reserve -market Road. 16-1 1-33 TL 2700/ SW-'/,; SW-'/4. 9. Camp Abbot Site, Officers' Club: Officers' Club for former military camp, currently identified as Great Hall in Sunriver and used as a meeting hall. 20-1 1-5B TL 112. 10. Camp Polk Cemetery: One of the last remaining pioneer cemeteries, located off Camp Polk Road near Sisters. The site is composed of a tract of land, including gravestones and memorials, containing 2.112 acres in the Southwest Quarter of the Southeast Quarter of Section 27, Township 14 South, Range 10 E.W.M., TL 2100, described as follows: Beginning at a point North 20 degrees 06' 20" West 751 feet from the corner common to Sections 26, 27, 34 and 35 in Township 14 South Range 10 E.W.M. and running thence South 88 degrees 30' West 460 feet; thence North I degree 30' East 460 feet; thence South I degree 30' 200 feet to the point of beginning. 11. Camp Polk Military Post Site: One of the oldest military sites in Deschutes County. Located on Camp Polk Cemetery Road. Site includes entire tax lots, listed as follows 14- 10-00 TL 2805 & 14-10-34 TL 100, 300. 12. Cloverdale School: School building in Cloverdale, located near 68515 George Cyrus Road. First building built in Cloverdale. 15-1 1-7 TL 600. 13. Eastern Star Grange: Grange hall for earliest grange organized in Deschutes County, located at 62850 Powell Butte Road. 17-13-19 TL 1900. 14. Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The Enoch Cyrus Homestead was the original homestead of Oscar Maxwell, built in 1892 and purchased in 1900 by Enoch Cyrus. Important stage/store stop for early travelers. The homestead house, including a back porch and cistern, and the Blacksmith Shop are designated. 15-1 1-10 TL 700. 15. Fremont Meadow: A small natural meadow on Tumalo Creek in Section 34, Township 17 South, Range 1 I East, lying within Shevlin Park. TL 5900. Campsite for 1843 Fremont expedition. 17-1 1-34 TL 5900. 16. Harper School: One -room schoolhouse, located west of South Century Drive, south of Sunriver, moved halfway between the Allen Ranch and the Vandevert Ranch from the former townsite of Harper. 20-1 1-17 TL 12004989. 17. Improved Order of Redmond Cemetery: Historic cemetery used by residents of La Pine/Rolland area. Located on Forest Road 4270, east of Highway 97. A 40-acre parcel described as: The Southwest one -quarter of the Southeast one -quarter (SW-'/,; SE -'/a) Section 7, Township 22 south, Range 11, East of the Willamette Meridian, Deschutes County, Oregon. 18. Laidlaw Bank and Trust: One of the few remaining commercial buildings from the community of Laidlaw, located at 64697 Cook Avenue, Tumalo. 16-12-31A TL 2900. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY Exhibit C - Ord. 2020-006 19. La Pine Commercial Club: Building was built in 1912 as a community center, serving as a regular meeting place for civic organizations and occasionally served as a church. One of the oldest and continuously used buildings in La Pine. Located at 51518 Morrison Street, La Pine. 22-10-15AA TL 4600. 20. Lynch and Roberts Store Advertisement: Ad advertising sign painted on a soft volcanic ash surface. Only area example of early advertising on natural material. Lynch and Roberts established mercantile in Redmond in 1913. Roberts Field near Redmond was named for J. R. Roberts. Site includes the bluff. 14-12-00 TL 1501. 21. Maston Cemetery: One of the oldest cemeteries in County. Oldest grave marker is 1901. About one-half mile from site of Maston Sawmill and Homestead. Site includes the gravestones and memorials and the entire tax lot, identified as 22-09-00 TL 1800. 22. George Millican Ranch and Mill Site: Ranch established in 1886. Well dug at or near that date. Remains of vast cattle ranching empire. 19-15-33 TLs 100, 300. 23. George Millican Townsite: Town established 1913. Site includes store and garage buildings, which retain none of the architectural integrity from era. 19-15-33 TL 500. 24. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. A residence house and museum are part of the site. The site has been a tourist attraction for over 60 years. Located at 7930 SW 77th, Redmond. Site includes entire tax lot. 16-12-1 1 TL 400. 25. Pickett's Island: After originally settling in Crook County, Marsh Awbrey moved to Bend and then homesteaded on this island in the Deschutes River south of Tumalo. The site was an early ford for pioneers. Located in Deschutes River near Tumalo State Park. 17- 12-6 NUA TL 100. Portion between Deschutes River and Old Bend Road is designated. 26. Rease (Paulina Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle Rease and Denison Rease's homestead. Earliest known grave is of their son, George Guy Rease, born in 1879, who was also a homesteader on Paulina Prairie. George Guy Rease died of smallpox on the Caldwell Ranch on May 2, 1903. Other known burials are William Henry Caldwell, 1841-October 15, 1910, died on the Caldwell Ranch of injuries sustained on a cattle drive; Melvin Raper, 1892-1914, died in a tent of tuberculosis; Addie Laura Caldwell, 1909-November 16, 1918, died of the Spanish influenza epidemic; and Emma Nimtz Deedon, 1886-April 15, 1915, died of complications from a pregnancy. There are several unmarked graves. The cemetery is a county -owned one -acre parcel on the north edge of Paulina Prairie, two miles east of Highway 97. 210-1 1-29, SE-'/,; NW-'/, TL 99. 27. Terrebonne Ladies Pioneer Club: The Club was organized in 1910. The building has been a community -meeting place since 1911. Located at 8334 11 th Street, Terrebonne. 14-13- 16DC TL 700. 28. Tetherow House and Crossing: Site is an excellent example of an early Deschutes River crossing. Major route from Santiam Wagon Road to Prineville. Tetherow House was built in 1878. The Tetherows operated a toll bridge, store and livery stable for travelers. Oldest house in County. Site includes house and entire tax lot. 14-12-36A TL 4500. 29. Tumalo Creek - Diversion Dam The original headgate and diversion dam for the feed canal was constructed in 1914. The feed canal's purpose was to convey water from DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES Exhibit C - Ord. 2020-006 Tumalo Creek to the reservoir. The original headworks were replaced and the original 94.2 ft low overflow weir dam was partially removed in 2009/2010 to accommodate a new fish screen and fish ladder. The remaining original structure is a 90 foot (crest length) section of dam of reinforced concrete. Tax Map 17-1 1-23, Tax Lot 800 & 1600. 30. Tumalo Community Church: The building is the oldest church in the County, built in 1905. It stands in the former town of Laidlaw, laid out in 1904. Located at 64671 Bruce Avenue, Tumalo. 16-12-31 A TL 3900. 31. Tumalo Project Dam: Concrete core, earth -filled dam 75 feet high. First project by State of Oregon to use State monies for reclamation project. On Tumalo Creek. 16-1 1-29. 32. William P. Vandevert Ranch Homestead House: The Vandevert Ranch House stands on the east bank of the Little Deschutes River at 17600 Vandevert Road near Sunriver. The homestead was established in 1892, and has been recently relocated and renovated. Vandevert family history in the area spans 100 years. 20-1 1-18D TL 1380020 00TL -I-WO. 33. Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of William P. Vandevert, died of influenza during the epidemic of 1918. Her grave is located across a pasture due south of the Vandevert House, 50 feet east of the Little Deschutes River. Site includes gravestone and fenced gravesite measuring is approximately 15 feet by 25 feet. 20-1 1-00 TL 1900. 34. Young School: Built in 1928, it is an excellent example of a rural "one -room" school which served homesteaders of the 1920s. Located on Butler Market Road. 17-13-19 TL 400. 35. Agnes Mae Allen Sottong and Henry J. Sottong House and Barn-.: House and barn are constructed with lumber milled on the property in a portable sawmill run by the Pine Forest Lumber Company in 1911. Henry was awarded homestead patent 7364 issued at The Dalles on Dec I, 1904. Henry was president of the Mountain States Fox Farm. A flume on the Arnold Irrigation District is named the Sottong Flume. The structures are also associated with William Kuhn, a president of the Arnold Irrigation District; Edward and Margaret Uffelman, who were part of the group that privatized and developed the Hoo Doo Ski Resort; and Frank Rust Gilchrist, son of the founder of the town of Gilchrist and Gilchrist Mill and president of the Gilchrist Timber Company from the time of his father's death in 1956 to 1988. Frank R. Gilchrist served on the Oregon Board of Forestry under four governors and was appointed by the governors to serve as a member of the Oregon Parks and Recreation Advisory Committee. He served on the Oregon State University's Forest Products Research Lab and was a director and president of the National Forest Products Association. T18 R12 Section 22, 00 Tax lot 01600. Inventory note: Unless otherwise indicated the inventoried site includes only the designated structure. No impact areas have been designated for any inventoried site or structure. National Register Resources listed before February 23, 2017 36 Pilot Butte Canal: A gravity -flow irrigation canal constructed in 1904 that diverts 400 cubic feet of Deschutes River water per second The canal conveys water through a 225- miles-long distribution system of successively narrower and shallower laterals and ditches 4 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY Exhibit C - Ord. 2020-006 on its way to those who hold water rights serving about 20,711 acres by 1922. The canal was built in an area that had a population of 81 people when it was constructed. The historic district measures 7,435 feet long and encompasses 50 feet on either side of the canal centerline to create a 100-foot corridor. The district has a character -defining rocky, uneven bed and highly irregular slopes, angles, cuts, and embankments. 37 Elk Lake Guard Station: A wagon road built in 1920 between Elk Lake and Bend sparked a wave of tourism around the scenic waterfront. To protect natural resources of the Deschutes National Forest and provide visitor information to guests the Elk Lake Guard Station was constructed in 1929 to house a forest guard. 38 Deedon (Ed and Genvieve) Homestead: The homestead is located between the Deschutes River and the Little Deschutes River. All of the buildings were constructed between 1914 and 1915. 39 GerkingJonathan N.B. Homestead: Jonathan N.8. Gerking, "Father of the Tumalo Irrigation Project" played a crucial role in getting the project recognized and funded. 40 McKenzie Highway: The McKenzie Salt Springs and Deschutes Wagon Road, a predecessor to the modern McKenzie Highway, was constructed in the 1860s and 1870s. 41 Paulina Lake Guard Station: The station typifies the construction projects undertaken by the Civilian Conservation Corps and signifies the aid to the local community provided by the emergency work -relief program through employment of youth and experienced craftsmen purchase of building_ materials and camp supplies, and personal expenditures of enrollees. 42 Paulina Lake ! O O F Organization Camp.: The Paulina Lake 1.0 ,0 F. Organization camp was constructed during the depression era and are the result of cooperative efforts by nonprofessional builders Such camp buildings are important in Oregon's recreational history as an unusual expression of both its rustic style and its vernacular traditions. 43 Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. The site has been a tourist attraction for over 60 years. 44 Rock O' the Range Bridge: Rock O' The Range is the only covered span east of the Cascades in Oregon To gain access to his property, William Bowen instructed Maurice Olson — a local contractor — to build a bridge inspired by Lane County's Goodpasture Bridge. 45 Skyliners Lodge: The Skyliners are a Bend -based mountaineering club organized in 1927. In 1935 the group started building the Skyliners Lodge with help from the Deschutes National Forest the Economic Recovery Act and the City of Bend. 46 Santiam Wagon Road: The Santiam Wagon Road went from Sweet Home to Cache Creek Toll Station The road was conceived of in 1859 to create a route across the Cascades. By the 1890s the road had become a major trade route. 47 Wilson William T.E. Homestead: This homestead house was built in 1903 and has an "American Foursquare" architectural style. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S. I I GOAL 5 ADOPTED ORDINANCES Exhibit C - Ord. 2020-006 National Register Resources listed on / after February 23, 2017 48. Central Oregon Canal: A gravity -flow irrigation canal constructed in 1905 and enlarged in 1907 and 1913. The canal retains its impressive historic open, trapezoidal shape, dimensions and characteristics. It is characterized by the volcanic rock flows, native materials, rocky bed and sides, and its hurried hand-hewn workmanship. The historic district is 3.4 miles long, crossing rural land between the Ward Road Bridge on the western edge and the Gosney Road Bridge on the eastern edge. In the historic district, the canal ranges in width from 34' to 78', averaging around 50', and its depth varies from I' to 9' averaging around 4' deep, depending on the amount of volcanic lava flows encountered, the terrain, and slope. The canal through the historic district carries nearly the full amount of water diverted from the Deschutes River, 530 cubic feet per second during the irrigation season, April through October. The historic district encompasses 50' on either side of the canal centerline to create a 100' corridor that includes the whole of the easement held by COID, and all the contributing resources. (Date listed: 03/18/2019) DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. (2LEGISLATIvE HISTORY Exhibit C - Ord. 2020-006 sect�ow5.s2 LegL'sLatWe Kstor� Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Effective Chapter/Section Amendment Comprehensive Plan and Text amendments to update the County's Resource List and 2020-006 08-12-20 / 1 1-10- 23.01.01, 2.1 1, 5.9 Historic Preservation Ordinance to comply with the 20 — State Historic Preservation Rule. EXHIBIT C TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Exhibit D - Ord. 2020-006 Chapter 2.28. HISTORIC PRESERVATION AND HISTORIC LANDMARKS COMMISSION 2.28.010. Purpose. 2.28.020. Definitions. 2.28.030. Applicability. 2.28.040. Administration. 2.28.050. Criteria. 2.28.060. Procedures. 2.28.070. Historic and Cultural ^""^^Resource Survey and Inventory. 2.28.080. Designation not a Recommendation for Federal Action. 2.28.090. Exterior Alteration and New Build-iag-Structure Restrictions. 2.28.100. Demolition and Relocation of Significant Historic Resources. Demolition Permits and Condemnation Proeee ings. 2.28.110. Records and Artifact Preservation. —Demolished Historical Ruildings Records an`' b" A t•F t Preservation. 2.28.120. Signs/Plaques. 2.28.130. Redevelopment and Neighborhood Improvement Projects. 2.28.140. Enforcement of State Preservation Laws. 2.28.150. Appeals. 2.28.160. Penalties. 2.28.170. Preservation of Archaeological Resources. 2.28.180. Removal of a Significant Historic Resource from the Resource List. 2.28.190 Condemnation Proceedings. 2.28.010. Purpose. A. Districts, beilditigs, structures, objects and sites in Deschutes County which have special historic and prehistoric association or significance should be preserved as part of the heritage of the citizens of the County, and for the education, enjoyment and pride of the citizens, as well as for the beautification of the County and enhancement of the value of such property. B. To that end, regulatory controls and administrative procedures are necessary. C. Deschutes County Code Chapter 2.28 — Historic Preservation and Historic Landmarks Commission implements OAR 660-023-200 as required by the State of Oregon. (Ord. 2020-006 &5; Ord. 2010-019 §1; Ord. 88-008 §1, 1988) 2.28.020. Definitions. As used in DCC 2.28 the following words and phrases are defined as set forth in DCC 2.28.020. "Alteration" means the addition to, or removal of, or physical modification of any exterior part, structure or portion of a structure aii Hof building. "Archaeolo icg al Object" means an object that is at least 75 years old; is part of the physical record of an indigenous or other culture found in the state or waters of the state; and is material remains of past human life or activity that are of archaeological significance including but not limited to, monuments, symbols, tools, facilities technological by-products and dietar-�by-products. CHAPTER 2.28 1 (340-t205/2020) Exhibit E - Ord. 2020-006 "Archaeological Resource" includes Archaeolo icg al Objects and Archaeological Sites. "Architectural significance" means that the structure and of bHi l i ,, or district: A. Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; B. Embodies those distinguishing characteristics of an architectural type C. Is the work of an architect or master builder whose individual work has influenced the development of the county; or D. Contains elements of architectural design, detail, materials or craftsmanship which represent a significant innovation. "Archaeological Site" means a geographic localily in Oregon including but not limited to submerged and submersible lands and the bed of the sea within the state's jurisdiction that contains Archaeological Obiects and the contextual associations of the Archaeolo icg al Objects with each other; or biotic or geological remains or deposits Examples of Archaeological Sites include but are not limited to shipwrecks, lithic quarries, house pit villages camps burials lithic scatters homesteads and town sites. "Board" means the Deschutes County Board of County Commissioners. "Certificate of Approval / Appropriateness" means a document issued by the Planning Division indicating the applicant satisfactorily met the provisions ofthis regulation for the preservation rehabilitation, reconstruction, alteration relocation or demolition of a Significant Historic Resource. "Demolish" / "Demolition" means any act that destroys removes or relocates, in whole or part, a Significant Historic Resource such that it's historic cultural or architectural character and significance is lost. "Eligible/Contributing" means a Historic Resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location design setting materials workmanship feeling and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district. "Eligible/Significant" means a Historic Resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location, design setting materials workmanship feeling and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district and are likely individually eligible for designation to the Resource List. "Exterior" means any portion of the outside of a Significant Historic Resource „& r build:" , or structure a r/ei- building -in a designated historic district or any addition thereto. "Historic" means 50-years old or older. "Historic Artifacts" means three-dimensional objects including furnishings, art objects, architectural elements, b "' materials and items of personal property which have historic significance. "Historic artifacts" does not include photographs, paper, electronic media or other media that are classified as public records. CHAPTER 2.28 2 (205/2020) Exhibit E - Ord. 2020-006 _ MIME, ■ _ ■ .. ■ "Historic Context Statement" means an element of the Deschutes County comprehensive plan that describes the important broad patterns of historical development in the Deschutes County and the region and identifies historic resources representative of the important broad patterns of historic development The Historic Context Statement also identifies Historic Resources that are representative of the important broad patterns of historical development. "Historic Preservation Plan" means an element of the Deschutes Counly comprehensive plan that contains the County's goals and policies for Historic Resource preservation and the processes for creating and amending the pro ratg n to protect Significant Historic Resources. "Historic Resource(s)" means those structures objects sites or districts that potentially have a significant relationship to events or conditions of the human past. "Historic Resource Inventory" means a record of structures objects sites and districts maintained by the County to identify Historic Resources that may be determined significant and designated to the Resource List. "Historical Significance" means that the structure ands ,j- buildin or district: A. Has character, interest or value as part of the development, heritage or cultural characteristics for the county, state or nation; B. Is the site of a historic event with an effect upon society; C. Is identified with a person or group of persons who had some influence on society; and/or D. Exemplifies the cultural, political, economic, social or historic heritage of the community. "Locally Significant Historic Resource" means a structure site. object, or district designated to the Deschutes County Resource List. "Integrity" means the authenticily of a property's historic identity, evidenced by the survival of physical characteristics that existed duringthe property's historic or prehistoric period. "Inventory" is a survey, map, or description of one or more Historic Resources that is prepared by a local government, state or federal agency, private citizen, or other organization and that includes information about the resource values and features associated with such sitesHistoric Resources. As a verb, "inventory" means to collect, prepare, compile, or refine information about one or more rem si*sHistoric Resources. "Landmai-10 means an el�eet er strue+ur-e 4 special iiister-ioal signif4eanee whieh has been designated as -a "Landmarks Commission" means the Deschutes County Historic Landmarks Commission. CHAPTER 2.28 ( 205/2020) Exhibit E - Ord. 2020-006 "Maintenance" means the process of mitigating the wear and deterioration of a property without altering the historic character of the property, including action taken to protect and repair the condition of the property with the least possible impact on the historic character of the property. "Major Alteration" means an alteration which could adversely affect the historical or architectural significance of a Locally Significant Historic Resourcehiste•^^ -eseu~^e. Examples include alterations to the front fagade, additions, exterior remodels or alterations to the setting that remove significant historic elements or add features that are incompatible with the historic or prehistoric period, thereby losing interpretive value. "Minor Alteration" means an alteration which does not affect the historical or architectural significance of a Locally Significant Historic Resource v. "National Register Resource" means structures objects sites or districts listed in the National Re istg er of Historic Places pursuant to the National Historic Preservation Act of 1966 as amended (PL 89-665; 16 U.S.0 470). "Non -Contributing" means a Historic Resource in existence within the applicable period of significance that does not retain or exhibit sufficient integrity (location design, setting, materials, workmanship, feeling, and association) to convey a sense of history. These properties do not strengthen the historic integrity of an existing or potential historic district in their° current condition. "Not in Period" means a structure object or site that was originally constructed outside the applicable period of significance. "Object" means to distinguish from bulb structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, moveable, an object is associated with a specific setting or environment. "Owner": A Means the owner of fee title to the property as shown in the deed records of the county where the property is located; or B. Means the purchaser under a land sale contract if there is a recorded land sale contract in force for the proper ; or C. Means if the property is owned by the trustee of a revocable trust the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; and D. Does not include individuals partnerships corporations or public agencies holding easements or less than fee inerests (including leaseholds) of any nature; or E. Means for a Historic Resource with multiple owners including a district, a simple majority of owners as defined in (A)-(D). F. Means for National Register Resources those individuals partnerships corporations or public a eg ncies holding fee simple title to property. Owner or owners does not include individuals partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature. "Planning Division" means the Planning Division of the County Community Development Department. CHAPTER 2.28 4 (3/201 05/2020) Exhibit E - Ord. 2020-006 "Preservation" means the process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property, including but not limited to the ongoing maintenance and repair of historic materials but; not including the extensive replacement of historic materials or new construction. "Protect" means to require Landmarks Commission review of applications for demolition, relocation, removal, or exterior alteration of a Significant Historic Resourc-hist new construction or signs on the designated property in accordance with the provisions of this ordinance so that the defining characteristics of the'" Significant Historic Resource and its site and environment are retained. "Reconstruction" means the process of depicting, by means of new construction, the form, features, and detailing of a non -surviving site, landscape, Wig, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. "Rehabilitation" means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. See Appendix "C" The Secretary of the Interior's Standards for Rehabilitation for the ten basic principles created to help preserve the distinctive character of a Historic Resource h' * • ie building and its site, while allowing for reasonable change to meet new needs. "Replacement" means the process of replacing historic materials and features with new materials when the deterioration of a character -defining material or feature is so extensive that protection, maintenance, or repair is not possible. Replacing severely deteriorated or damaged historic materials with new materials of the same kind as the historic materials and in the same design as the historic element is "replacement." "Resource List" means the list of Locally Significant Historic Resources and National Register Resources provided in the Comprehensive Plan and acknowledged by Deschutes Coun1y as important to its history and afforded the protection under this regulation. "Restoration" means the process of accurately depicting the forms, features and character of a property as it appeared at a particular period of time, by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. "Significant Historic Resource" means a Locally Significant Historic Resource and/or a National Register Resource. "Site" means the location of a significant event, pi,ehi or -historic occupation or activity, or a building e+�structure, whether standing, ruined, or vanished, where the location itself possesses historical or; cultural, at-ehaeelegieal value regardless of the value of any existing structure. "Structure" means anything constructed or built, any edifice or building or any kind, or any pieces of work architecturally built or composed of parts joined together in some definite manner. (Ord. 2020-006 §5; Ord. 2012-003 §1; Ord. 2012-001 §1; Ord. 2010-019 §l; Ord. 95-027 §1, 1995; Ord. 88-008 §2, 1988) 2.28.030. Applicability. CHAPTER 2.28 (34W205/2020) Exhibit E - Ord. 2020-006 This code applies to Locally Significant Historic Resources, National Register Resources, Archeological Sites and Archeological Objects within the jurisdiction of Deschutes County. This code also applies to the administration of the Landmarks Commission. —This eede applies to any Wister-ie er- Cultut-al i-esout-ee within Desehutes County tha4 was designated Register - of 14iste -ie Dlaees (Ord. 2020-006 §5- Ord. 2010-019 §1) 2.28.040. Administration. A. The Landmarks Commission is composed of five voting and an undetermined number of ex-officio members. 1. The voting members must reside within the County. 2. The membership of the Landmarks Commission shall, to the extent possible, be representative of the various geographic areas of the County. 3. The Mayor of Sisters may appoint one Commissioner to represent the City of Sisters or delegate it to Deschutes County. 4. The Board shall appoint at least four Landmarks Commissioners. 5. Upon recommendation of the Deschutes County Pioneer Association, the Board shall appoint one representative from the Deschutes County Pioneer Association as one of the four Landmarks Commissioners. 6. If the City of Sisters delegates their appointment to Deschutes County, the Board shall appoint a fifth Landmarks Commissioner. 7. The ex-officio members shall be appointed by the Board. B. Landmarks Commissioners: To the extent they are available, at least some of the commission members should meet professional qualifications in the disciplines of history, architecture, architectural history, archaeology, or related fields. C. Landmarks Commissioners serve four-year terms. Any vacancy occurring in a position for any reason other than expiration of a term shall be filled by appointment for the remainder of the term. D. Ex-Officio Members. 1. In addition to the five voting members, there shall be an undetermined number of Commissioners called "ex officio members" who will act in a non -voting, advisory capacity to the Landmarks Commission and County staff. 2. These ex officio members shall not be entitled to vote and are not required to reside within Deschutes County. 3. These persons shall be representative of organizations including, but not limited to, the United States Forest Service, United States Bureau of Land Management, the County building division, the American Institute of Architects, the Confederated Tribes of Warm Springs, Burns Paiute Tribe, and Klamath Tribes. E. The officers of the Landmarks Commission shall consist of a chairperson; gild vice -chairperson -ate s€ y, each elected by a majority vote of the Commission. F. The regular time, place and manner of notice of meetings shall be fixed by rules of the Landmarks Commission. However, the Landmarks Commission shall meet at least on a quarterly basis. G. The Landmarks Commission shall submit an annual report to the Board. H. Any clerical and staff assistance necessary shall be provided by the County Planning Division staff or as otherwise delegated by the Board. I. The Landmarks Commission shall serve as a hearings body for matters concerning Significant Historic Resources- histeand etiltuf:al e within the County and the City of Sisters. CHAPTER 2.28 6 (44GIN5/2020) Exhibit E - Ord. 2020-006 J. The Landmarks Commission shall serve as the initial hearings body for matters concerning applications to designate a historic resource as a Locally Significant Historic Resource. The Board of County Commissioners shall consider the decision of the Landmarks Commission and serve as the final hearings body. K. The Landmarks Commission shall review nominations to the National Register of Historic Places at the direction of the State Historic Preservation Office. JL. The eommission Landmarks Commission may act upon requests by any eitizencommunity member, by owners of structures, objects, districts, u4dmg-s-or sites, or on its own motion concerning the designation of particular districts, buildings a�d / structures, objects, or sites. KM. The eemmission Landmarks Commission shall have authority to inspect or investigate any district, building and/ structure o, bject or site in the County which it is requested to designate, or which it has reason to believe is an architectural and/or historical landmark. l N. The Landmarks Commission conamission shall review all information which it has and shall hold hearings as prescribed in DCC 22.24.050 through 22.24.1904-8. MO. The Landmarks Commission shall have authority to coordinate historical preservation programs of the county, state and federal governments, as they relate to property within the County. NP. The eerimissien Landmarks Commission may recommend to the Board or the State Legislature any changes of law which it finds appropriate. OQ. Current Resource List ofHisterie and Galt t-al " e. 1. The eemmi-ssien Landmarks Commission shall compile and maintain a current Resource List list of all h ' * a oultural , that includes the applicable tax lots and addresses, the date of designation, and a brief description of the resource and reasons for inclusion. 2. Disclosure of the locations and descriptions of designated Archaeological Resources ^ice sees is -are subject to appropriate state and federal laws. RR. The Landmarks Commission eommissierrshall notify all prepei4y-owners of a historic resource sites recommended for designation of such recommendation. The site historic -resource will not be approved for a historic designation unless the property owners at the time of designation support the local designation of their property as a Locally Significant Historic Resource.- historic or eult •"^' r-esouree. QS. The Landmarks Commission Eemmissien shall have authority to take such steps as it finds appropriate or necessary to make available to the public information concerning its activities and various distriets, buildings nd/ struetui'es and sites Historic Resources to be designated pursuant to DCC 2.28. RT. The Landmarks Commission shall perform such other duties relating to historical matters as the Board of County Commissioners may request. SU. Landmark Commissioners shall serve without compensation. V. The Landmark Commission shall support the enforcement of all federal and state laws relating,to the protection of National Register Resources Archaeolop_ical Sites, and Archaeological Objects regardless if they are designated to the Resource List. (Ord. 2020-006 §5; Ord. 2012-003 §1; Ord. 2012-001 §1; Ord. 2010-019 §1; Ord. 2005-029 §1, 2005; Ord. 95 027 §1, 1995; Ord. 88 008 §3, 1988; Ord. 88 008 §4, 1988; Ord. 88 008 §5, 1988; Ord. PL 21 §2, 1980; Ord. PL 21 §3, 1980) 2.28.050. Criteria A. The evaluation and designation of a Locally Significant Historic Resource historic this+.^+ buildings nd/ot- ..tfuetares afla sites shall be based on the following criteria: 1. The factors listed on the County Landmarks Commission rating sheet, a copy of which is set out in Appendix A at-- -of DCC 2.28. CHAPTER 2.28 (440-a-205/2020) Exhibit E - Ord. 2020-006 (Ord. 2020-006 §5, Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §6, 1988) 2.28.060. Procedures A. Locally Significant Historic Resource Desiynation Procedures: u;stefieal Building or Site Designation 1. Upon receipt of a request from the Landmarks Commission to designate a particular bull structure, object, et -site or district as a Locally Significant Historic Resources R hiStE)Fiea' OF eultural nor upon direction by the Board or on its own motion, the Planning Division shall fix a date and time for a public hearing an the ordi,,.,., efore the Board. 2 Upon acceptance of a complete application the owner of the subject structure object site or district must be notified in writing of the designation process and their rip -lit to support or object to the designation of the Historic Resource to the Resource List under the provisions of ORS 197.772. a An owner maybiect to the designation of the Historic Resource to the Resource List. Such a refusal to consent shall be submitted on the public record and must remove the Historic Resource from any consideration for designation to the Resource List. -23. Any request for Locally Significant Historic Resource designation-histerieal or ^^'tufal designa ^ must be filed with the County Pplanning division Division before the date of application for any building permit, or any other application or permit which might be affected by such historical designation. -34. The Planning Division shall notify, in writing, the property owner, the County Planning Commission and Landmarks Commission, of the public hearing before the Board at least 10 days prior to the public hearing. 45. The Landmarks Commission shall submit its recommendation to the Board at least 10 days prior to the public hearing. d6. At such public hearing, the owners of the property involved, a representative of the Landmarks Commission and all other interested parties shall be entitled to be heard. 67. If the Board determines that a property or properties proposed for designation has significance based upon the criteria in "Appendix A", the Board may designate such districts, sites, buildings,structures or objects as histefieal or oultural feseureesa Locally Significant Historic Resource. 7. If the -B R-ard finds that a Particular site is signifieant, the Board may designate flie same as an histeFi reselffee 9. if afl�' hiStE)Fieal building has beeri demolished or destroyed, the Board arl its 0WH m0tiOfl Or UPOH reeammendation of the Landmarks Commission, may rv.-A-ve- the hi._�'Afflzieal buildirig designation 89. At the time of annexation to a city, all Locally Significant Historic Resources prapefties-N4' ea4y designated histerieal and eultural ;eseurees within the annexation area shall retain their resource designations within city jurisdiction unless a public hearing by the applicable City Council is held to remove the resource designation. Listing n the National Register of u:starie Places is a federal I . if the, Beard finds that a partierilaf building, aetion and is not affeeted by annexation. objeet er site does not meet the eriteria Ljeet ,. site as a building or owner of the building,2. Buildings, stRietures or sites designated as being of historical interest shall be subjeet to the r-equiFements of DGG 2.28 only in tlie event of demelition or major alteration. in sueh eases, the alteration, struettire of site must flefib, the Plannifig Division not less than 10 days prior to said deffielitien or major so that the Gount�, may phetagraph the site or bu4diw,- CHAPTER 2.28 8 (34"205/2020) Exhibit E - Ord. 2020-006 Sueh recommendations aFe not bifiding upon the owner. E. r' r Di r t Designation D..o..eduf:e. I . Upon rveeipt 4an applieation fi-oFA a pr-ivate party or- gr-aiip of people or- upon the Fequest fi-om et- upon diivetion by the Boafd or upon its own motion, the Planning Division shall fix a date and time fof a publie hearing befei-e the Boafd on a histoFie disti-iet reeommended fat! designation. This 14istarie Pjaees -2. The County Planning staff shall notify, in wi-iting, owners 4 i-eeoFd of all properties within proposed histor-ie distriet and shall transmit a eopy of the ivquest to the Planning GomiiAission and 3. The Landmarks Commission shall submit its feeammendation to the Beard at least 10 Elays pfior- to Commission ,7 all other t + d . at4ies shall be o.,titled to be heard. 5. Wthe BoaFd deter -mines that an area proposed to be designated as an histo6e Elisti-iot has histe6e and/of 6. If an at -ea outside the iiieaf:per-ated eities but inside the adopted ut:baii gi-owth boundat-f is propo stiehat-ea be designated as ati histe r distr.:t. -79. An area may be designated a* historic district even if all sites or boil structures within a district are not of historical or architectural significance, provided that the district as a whole is of such significance. 8. if the pi-imary oj- signifieant buildings within an histofie. distviet have beueflt demolished ot- , 1' t A prope.•tio must follow ., f de al , s for removal. held as upon the designation f the histo district in the F.VSt instanee 10. Any request fef histat:ie distr-iet designation ..— be filed vith the Landmarks Gommission befere the date ofapplieation for- any building permit, eeiiditional tise pen:Hit ot- other- appheation of permi P. if a desigiiated histerie disti:iet is within an area to be ann&ied to a eity, at the time of its allnexati to the eity that historie distriet shall autematieally revert to within eity jtifisdietion. 10 A permit to demolish or modify a structure object or site under consideration for a Locally Significant Historic Resource designation must not be issued for 120 days from the date of the owner's refusal to consent to designation or the application to alter, relocate, or demolish the structure object, or site, whichever occurs first. 11. The Landmarks Commission may recommend additional protections to supplement the regulations in Chapter 2.28 to the Board as part of the designation process necessary for the protection of a Significant Historic Resource. B. National Register Resource Procedures: l National Register Resources listed on or after February 23 2017 are not automatically included in Deschutes County's Goal 5 Inventory / Resource List. 2 National Register Resources listed before February 23, 2017 are automatically included in Deschutes County's Goal 5 Inventory / Resource List. CHAPTER 2.28 9 (340-E205/2020) Exhibit E - Ord. 2020-006 I The Board Landmarks Commission or any member of the public may request a National Re ig stet Resource to be included in the Goal 5 Inventory / Resource List through an application with the Planning Division to be processed as a land use action as described in DCC 22.20. 4 Regulations adopted prior to February 23 2017 regarding the alteration preservation restoration rehabilitation reconstruction relocation and/or demolition of a National Register Resource may be amended or removed when the proposed National Register Resource is not the subject of a pending application for alteration or demolition. The action must be processed as legislative procedure. 5 Applicable procedures described in Section 2.28.060(A) shall be followed upon receipt of an application to include a National Register Resource in the Goal 5 Inventory / Resource List. 6 In addition to the procedures described in Section 2.28.060(A), the following procedures shall apply: a. The proposal must include the National Register nomination document and a complete list of the additional protections proposed. b. At a public hearing the Landmarks Commission must consider all of the following factors: i The historic characteristics identified in the National Register nomination document; ii. The historic significance of the resource; iii. The relationship to the historic context statement and historic preservation plan contained in the comprehensive plan, if they exist; iv. The goals and policies in the Deschutes County Comprehensive Plan; v The effects of the additional protection measures on the ability of the owners to maintain and modify features of the National Register Resource; and vi. Any other relevant factors. 7 Additional protections must be applied to National Register Resources without owner consent under the provisions of OAR 660-023-0200(8)(b). (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §10, 1988; Ord. 88-008 §9, 1988; Ord. 88-008 §8, 1988; Ord. PL-21 §4, 1980; Ord. PL-21 §5, 1980) 2.28.070. Historic and Cultural resource Survey and Inventory. A. The Landmarks Commission shall periodically survey and inventory properties potentially eligible for listing in the Deschutes County Goal 5 Inventory- of Historic and Cultural resources, also known as the Resource List,- and/or National Register of Historic Places within unincorporated Deschutes County 1. Survey and inventory documents shall be maintained, periodically updated, and open to the public. 2. Survey and inventory documents and processes shall be compatible with the practices of the Oregon State Historic Preservation Office for maintaining the Oregon Inventory of Historic Sites. 3. Records concerning Archaeological Resources ar-eheal,.,.ieal shall not be made available to the public. ;t Po 0c0 and 2 28.060. 4 Historic Resources must be evaluated for their historic integrity and significance and recorded in a Historic Resource Inventory as Eligible/Significant_ (ES), Eligible/Contributing (EC), Non - Contributing (NC) or Not in Period (NP). Evaluation and documentation of properties in the Historic Resource Inventory must follow the document "Guidelines for Historic Resource Surveys in Oregon, 2010" or most recent guidance for such efforts published by the Oregon State Historic Preservation Office and be supplied to the agency within six (6) months of the completion of the study. 5 Historic Resources are not subject to the protections afforded to Significant Historic Resource. 6 The objection of an owner must not prevent a Historic Resource from being inventoried or evaluated for placement on the Historic Resource Inventory. CHAPTER 2.28 10 (205/2020) Exhibit E - Ord. 2020-006 (Ord. 2020-006 §5; Ord. 2010-019 §1) 2.28.080. Designation not a Recommendation for Federal Action. A. Nothing in DCC 2.28 and no designation adopted under DCC 2.28 shall be interpreted as a recommendation by the Board supporting designation of any Historic Resourceb••4diffg �+•- ^� -�as a "Certified Historic Structure" for purposes of section 191(d)(1)(b) or (c) of the Federal Tax Reform Act of 1976. B. No such recommendation or certification shall be made by any jurisdiction in the County without notice to affected parties and an additional hearing thereon. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §11, 1988; Ord. PL-21 §6, 1980) 2.28.090. Exterior Alteration and New Building -Structure Restrictions. A The following process applies to Locally Significant Historic Resources and National Register Resources listed before February 23, 2017: 1. A. Except as provided in DCC 2.28.090(A)(11 K), no person may demolish, relocate or alter any histeri-C—Significant Historic Resource eult ral resouree in such a manner as to affect its exterior appearance or integrity, nor may any new structure Ed/or- uildi~•rt be constructed in an historic district, unless a certificate of approval has been issued by the Landmarks Commission and the County. 2. B—. Application for a certificate of approval for exterior demolition, relocation, alteration or new construction under DCC 2.28.090 shall be made to the Pplanning divisioii Division and shall be referred to the Landmarks Commission for review and/or hearing. Quasi-judicial applications shall follow DCC Chapter 22. 3. C. All applications for alteration or new construction shall be accompanied by appropriate plans and/or specifications. 4. P. Any request for a certificate of approval for demolition, exterior alteration or new construction must be filed prior to or in conjunction with an application for any building or land use permit. 5. E—. Upon approval by the Chair of the Landmarks Commission, applications for minor alterations may be processed administratively. 6. P. Applications for major alterations shall be forwarded to the Landmarks Commission. 7. 6---Applications for certificates of approval for exterior alterations to structures and/ot- buildipgs in an historic district or to a Significant Historic Resource ,dos:gflated "ic+^~i^^' stfu a ai^,• '""'shall be evaluated by the Landmarks Commission under the following criteria: A. aApplicable provisions of the County Comprehensive Plan; b. !—Applicable sections of the Secretary of the Interior's Standards and Guidelines for Rehabilitation; c. -3—The reasonableness of the proposed alteration and its relationship to the public interest in the resource's tt-aetwe's and/or building'` preservation or renovation; d. 4.--The design review guidelines set out in Appendix B a*the R of DCC 2.28; e. -5--The physical condition of the resource Strueuture, aan left building; f. H—The general compatibility of proposed exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used on the existing resource st; ue za ^car o —bui4d ng; g, 7. Whether the alteration is required to remedy an unsafe or dangerous condition; h. 9. Other pertinent aesthetic factors, as appropriate. 8. 14. Applications for certificates of approval for new construction of structures and/or buildings in an historic district shall be evaluated by the Landmarks Commission under the following criteria: a. 4---The purpose of DCC 2.28; CHAPTER 2.28 11 (4404-205/2020) Exhibit E - Ord. 2020-006 b. The provisions of the County Comprehensive Plan; c. 3—The economic effect of the new structure and/or building on the historical value of the district; d. 4—The effect of the proposed new structure and/of building -on the historical character of the district; e. 3--The general compatibility of the proposed exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new structure f 6—.The design review guidelines set out in Appendix B at the end of DCC 2.28 are the criteria for new construction; 9. 1--All decisions on certificates of approval shall be in writing. 10. K Nothing in DCC 2.28 shall be construed to prevent the ordinary maintenance or repair (e.g., painting) of exterior architectural features of a Significant Historic ResourcLb i4ii ^ ^� ^* � which does not involve a change in design or type of materials. 11. K -A change in design or type of materials shall be allowed if the County building official states in writing that the repair is necessary for personal or public safety due to an unsafe or dangerous condition in or on the burg or structure. 12. & All decisions by the Planning Division ertifie tes of ^ ^' under DCC 2.28.090 are subject to appeal to the Board, as provided in DCC 2.28.150. B Alterations to or new structures within a National Register Resource listed on or after February 23, 2017 are not subject to the standards in Section 2.28.090(A) unless the Landmarks Commission recommends and the Board adopt additional protections for said resource as provided in OAR 660-023-0200(8)(b). 1 Section 2.28.060(B) lists the process for apple additional protections for a National Register Resource. 2 The protection measures outlined Section 2.28.090(A) shall apply to a National Register- Resource if the Board of County Commissioners adopts additional protections for said resource. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §12, 1988; Ord. PL-21 §7, 1980) 2.28.100. Demolition and Relocation -of Significant Historic Resourcesn,,,.. it. and Conti,,.. nat:,.., Preeeedi ngs. A. No demolition of any Significant Historic Resource designated histefie ' ^tftietut:e acid/e - building, er st,;zetura a •building ith ' ' * dist t e: '.and u:'.: shall be allowed except with the approval vPrcrriii-an xii�rori�ai.,ciiv of the Landmarks Commission. A demolition or removal permit application shall be transmitted, before action is taken, to the Landmarks Commission. B. Upon receipt of an application for a permit for demolition or removal, the Landmarks Commission shall notify the applicant in writing, and the owner of the property, if the owner is not the applicant. C. The Landmarks Commission shall hold a public hearing within 30 days of receipt of the application. The applicant, the owner of the property and any interested parties shall be entitled to be heard. D. In determining whether to approve the demolition or Femoval relocation proposed in the application, the Landmarks Commission shall consider the following: 1. All plans, drawings and photographs as may be submitted by the applicant; 2. Information presented at the public hearing; 3. The County Comprehensive Plan; 4. The purpose of DCC 2.28; 5. The criteria used in the original designation of the Significant Historic Resourceiiister4e ' ^truetuFe building or- distFia; CHAPTER 2.28 12 (340-1405/2020) Exhibit E - Ord. 2020-006 6. The historical and architectural style, the general design, arrangement, materials of the resource *..,,,,tune a&OF building, its appurtenant fixtures, and the relationship of such features to similar features of other resourceshuildings within the County, and the position of the resource „&af building -in relation to public rights -of -way and to other resource-O- buildings and str-ti .tur-es in the area; 7. The effects of the proposed demolition or removal upon the protection, enhancement, perpetuation and use of the resource stru tu.o andlar buila" which cause it to possess a special character, or special historical or aesthetic interest or value; 8. Whether the demolition or removal is proposed to abate a nuisance or a hazardous condition; 9. Whether delay of the demolition or removal will cause substantial hardship to the applicant; 10..In addition to the criteria stated in Section 2.28.100(D)(1 ) — (9), the Landmarks Commission must consider the following factors when reviewing an application for the demolition or relocation of a National Register Resource: a. Condition historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity. E. If the Landmarks Commission approves the demolition or removal and if no appeal is filed, the appropriate County building official shall issue a demolition, relocation or removal permit in accordance with all applicable codes and ordinances of the County. F. Postponement. 1. The Landmarks Commission may postpone action on an application for a demolition or removal permit if the commission determines that there is a program or project under way which would result in public or private acquisition or relocation of the resource el t fl t and/of builairg et- site, and that there are reasonable grounds to believe that such program or project may be successful. 2. In such case, the Landmarks Commission may suspend consideration of the application for a period not to exceed 90 days. 3. During such period of suspension, no permit shall be issued for such demolition or removal, nor shall any person demolish or remove the resource stt'uettii-e .,,,&or- building. 4. If any such program or project appears to the Landmarks Commission to be unsuccessful and the applicant has not withdrawn the application for a demolition or removal permit, the building official shall issue a permit if the permit application otherwise complies with the codes and ordinances of the County. G. Action by the Landmarks Commission suspending issuance of a permit for demolition or removal may be appealed by the applicant, the owner or the occupant, by filing a notice of appeal as provided in DCC 2.28.150. CHAPTER 2.28 13 (3494-205/2020) Exhibit E - Ord. 2020-006 2.28.110. Records and Artifact Preservation Demolished Histo..ien! buildings Reeor s and A.-tif.. t PFeservafion. A. If a Significant Historic Resource Ele igna ed hist ..•ieal building is to be demolished, insofar as practicable and as funds are available, the Landmarks Commission shall keep a pictorial and graphic history of the resowce' ^* teal b ild-ing or "istor-io ' site-, with any additional data it may obtain. B. To the extent funds are available or the Landmarks Commission may obtain donations thereof, the Landmarks Commission shall acquire historic artifacts from the resource building `it which it deems worthy of preservation. C. Status of a Significant Historic Resource Mist Pi:ape•- at a New Location 1. When a Significant Historic Resource an histo•-ie prepe•t • is moved to a new location, the historic prepefty resource status is retained for that resource prepert�at the new site unless the County, using the process required for designation of a Locally Significant Historic Resourcehist •,••^•,efty, determines that the design tion histe ie of e••'+•••'a' t-ese ifee is no longer appropriate. 2. If the prepertresource retains its 1}Kerty status at the new site, the County may review and modify the development standards and designation as appropriate, using the process required for designation. 3. Deschutes County will notify the State Historic Preservation Office documenting the new location. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §14, 1988; Ord. PL-21 §9, 1980) 2.28.120. Signs/Plaques. The owner of a Significant Historic ResourcehisteFie or the occupant thereof with the consent of the owner, may install an identification plaque or sign indicating the name, date, architect a+ or other appropriate information upon the subject property, provided that the size, material, design, location and text of such plaque or sign is approved by the Landmarks Commission. A. No signor plaque maybe displayed on an Significant Historic Resource historic except for signs or plaques approved by the Landmarks Commission, in conformance with Deschutes County sign code. B. Signs that are freestanding, painted on the windows or glass doors or that are similar to signs shown in historic photographs of the structure are encouraged. C. Signs must be attached to the structure in such away as to not cause irreversible damage to the structure' ui New signs will be attached by reusing existing hardware whenever possible. New brackets and bolts on masonry bugs -structures shall be put only in wood or mortar, and not in bricks or rock. D. The size of the sign must be in proportion to the size of the historic structure"". E. The placement of the sign shall not obscure significant architectural elements of the structurebuiijiflg. F. The type of the sign, font, design and shape of the sign should be compatible with the historic structurehuiMiP.g_and the historic character of the historic district. G. The materials of which the sign is made must be compatible with the historic structurebuig and the historic character of the historic district. H. Back lighted metal -framed plastic signs are discouraged. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 § 1, 1995; Ord. 88-008 § 15, 1988; Ord. PL-21 § 10, 1980) 2.28.130. Redevelopment and Neighborhood Improvement Projects -Review by Commission. A. In any redevelopment or neighborhood improvement project administered by a department of county, or submitted to the Board for its review and recommendations, proposed action relating to a designated CHAPTER 2.28 14 (349-RO5/2020) Exhibit E - Ord. 2020-006 Significant Historic Resource histe •ie distr-ie4 building of site shall be submitted to the Landmarks Commission for its review and recommendation. B. A report thereon by the Landmarks Commission shall be filed with the Board, and a copy shall be sent to the appropriate County department. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §16, 1988; Ord. PL-21 §11, 1980) 2.28.140. Enforcement of State Preservation Laws. A. The Board and Landmarks Commission shall support the enforcement of all s8tate laws relating to historic preservation. B. These ate state laws include but are not limited to ORS 197.772 (Consent for designation for historic property), ORS 358.653 (Conservation Programs, Leases), and ORS 358.475 through 358.541 (Special Assessment). C. Applications to alter, relocate, or demolish a known Archaeological Resource.a eultu••al shall be forwarded to the state archeologist for comment. If the state determines a local review is necessary, Deschutes County shall- follow Section 2.28.090 or 2.28.100 depending on the nature of the request and utilize applicable sections of the Secretary of the Interior's Standards and Guidelines for Archeology to determine the appropriateness of the a application. (Ord. 2020-006 55,, Ord. 2010-019 § 1) 2.28.150. Appeals. A. Appeals from actions of the Landmarks Commission shall be to the Board and may be filed by the applicant, the owner or occupant of the builditig, strueture, site dirt ic4Sianifcant Historic Resource concerned, or by any other person who participated in the hearing. C-B. The appeal shall be conducted according to the terms of the applicable County ordinance. DC.A decision of the Board may be appealed to the land use board of appeals as provided by law. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §17, 1988; Ord. 86-023 §1, 1986; Ord. PL-21 § 12, 1980) 2.28.160. Penalties. Violation of DCC 2.28.090(A)(�, or DCC 2.28.100(A) is a Class A violation. A Class A violation is defined in DCC 1.16.010. (Ord. 2020-006 U-, Ord. 2010-019 §1; Ord. 2003-021 §7, 2003; Ord. 95-027 §1, 1995; Ord. 93-053 §1, 1993; Ord. 91-039 §1, 1991) CHAPTER 2.28 15 (�0-1-205/2020) Exhibit E - Ord. 2020-006 2.28.170 Preservation of Archaeological Resources. The following provisions apply to the preservation of Archaeological Resources under state law. A Archeological Resources must be protected and preserved in place subject to the requirements of federal, state and local regulations including the guidelines administered by the Oregon State Historic Preservation Office and ORS 358.905-358.962. B. A person may not excavate, injure, destroy or alter an Archaeological Resource or remove an Archaeological Object located on public or private lands unless that activity is authorized by a permit issued under ORS 390.235. A violation of this subsection is a misdemeanor. (Ord. 2020-006 §5) 2.28.180 Removal of a Significant Historic Resource from the Resource List. A public hearing before the Landmarks Commission is required to remove a Significant Historic Resource fi-om the Resource List. A. A National Register Resource must first be removed from the National Register of Historic Places before an owner may gpply for the National Register Resource to be removed from the Resource List B An application to remove a Significant Historic Resource from the Resource List must not be considered for one (1) year after the date of decision for the denial of an application for the relocation or demolition of the same Significant Historic Resource. C. Any individual or group including the Landmarks Commission acting on its own initiative, may initiate the removal of a Significant Historic Resource from the Resource List by submitting a complete application to the Planning Division. D. In order to approve an application for the removal of a Significant Historic Resource from the Resource List the Landmarks Commission must find the following: 1. The Significant Historic Resource has lost the qualities for which it was originally recognized, and/or 2 Additional information shows the Significant Historic Resource no longer satisfies the criteria for recognition or did not satisfy the criteria for recognition at time of listing; and/or 3. The County Building Official declares the Significant Historic Resource poses a clear and immediate hazard to public safety and must be demolished to abate the unsafe condition; and/or 4. The designation of the Significant Historic Resource to the Resource List was imposed on the property at the time of designation and: a. The owner has retained ownership since the time of the designation; and b. The owner can demonstrate that the owner objected to the designation on the public record or was not provided an opportunijy to object to the designation, and c. The owner requests in writing the local government remove the property from the Resource List. E. A Significant Historic Resource removed from the Resource List under the provisions of this Section shall not be subject to the regulations of this ordinance. (Ord. 2020-006 &5) 2.28.190 Condemnation Proceedings. A. Before any action is taken by a public entity to condemn a Significant Historic Resource, the Landmarks Commission shall review the report of the County building safety division and/or any other County departments relating to the condition of the resource and premises and the extent of its danger, deterioration or decay. B. The Landmarks Commission shall report on its review and make a recommendation concerning action to the Board before official action of condemnation is instituted. CHAPTER 2.28 16 (34W-205/2020) Exhibit E - Ord. 2020-006 C. The Landmarks Commission may identify specific structures within a designated historic district which will be exempt from the provisions of DCC 2.28.100. (Ord. 2020-006 &5. Ord. 2010-019 1. Ord. 95-027 &1, 1995; Ord. 88-008 §13, 1988; Ord. PL-21 §8, 1980) CHAPTER 2.28 17 (4404205/2020) Exhibit E - Ord. 2020-006 FINDINGS I. BACKGROUND Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023-0200. The Statewide Goal and OAR require basic protections for sites listed on the National Register of Historic Places and recommend the County to inventory and protect other historic or cultural sites.' The Board of County Commissioners (Board) adopted Ordinance PL-21 on September 17, 1980 to establish the Deschutes County Historical Landmarks Commission and create a process to evaluate, designate and regulate historic resources throughout the rural county. The Historic Landmarks Commission evaluated proposed historic landmarks over time. The resulting local inventory of historical resources and National Register of Historic Places can be found in Chapter 5 of the County Comprehensive Plan. Resources listed on the National Register of Historic Places were not originally listed in the local inventory.2 Deschutes County Code (DCC) Chapter 2.28 — Historic Preservation and Historic Landmarks Commission — provides procedures for protecting designated local and National Register historic resources. 2017 Amendments to OAR 660-023-0200 The historic resources rule — OAR 660-023-0200 — includes procedural requirements for surveying sites, evaluating integrity, and considering whether and how to protect historic and cultural resources. The State amended the historic resources rule in February 2017 to require a base level of protection for National Register Resources and provide a more usable and clear list of standards for local governments to follow if they have an established historic preservation ordinance. The updates include new and amended definitions, clearer procedural steps, and more detail regarding review of applications to demolish or relocate resources listed in the National Register of Historic Places. Some procedural requirements have been added or removed. Unclear sections have been clarified. Protection standards for resources listed on the National Register of Historic Places are required for local governments to comply with regardless of what the local ordinance provides. OAR 660-023-0200 was amended in 2017 to require local jurisdictions review demolition and relocation permits of buildings/structures/etc. listed in the National Register of Historic Places. Prior to 2017, the State only recommended protections to historic resources. 2 This was identified as a concern in the Comprehensive Plan Section 2.11 — Cultural and Historic Resources. Policy 2.11.3(a) encourages the County to develop and maintain a comprehensive list of sites on the National Register. List Exhibit F to Ordinance 2020-006 Page 1 of 14 2020 Amendments to County Code Deschutes County decided to bring the historic preservation ordinance up to standard with the amended OAR in the 2019-2020 Certified Local Government (CLG) grant. The proposed project was supported by the State Historic Preservation Office (SHPO), which administers the CLG grant program. County staff initiated the process in February 2020 to audit the current historic preservation ordinance and identify components that required updates. The HLC held a work session on May 4, 2020 to review the proposed amendments. A public hearing occurred on June 1, 2020 to receive public comments regarding the amendments. Subsequently, on June 15, the HLC made a recommendation to approve the amendments to the Board. II. PROPOSED PLAN AMENDMENTS The proposed amendments to Deschutes County's Comprehensive Plan are described in Ordinance 2020-006, Exhibits B & C. Added language is underlined and deleted language shown as str-ik8thF9w9l4. Table 2 provides an overview amendments to specific Comprehensive Plan sections. Table 2 — Comprehensive Plan Amendments Comprehensive Plan Overview Section Cultural • Minor amendments to background section. Updates number of sites (ten years have passed since last update). and Historic O Delete section on need to include National Register of Historic Resources Policies Places Section 5.9 Goal 5 • Include new definitions Inventory Cultural • Update inventory and Historic • Create two new categories: Locally Significant Historic Resources Resources and National Register Resources III. PROPOSED TEXT AMENDMENTS Ordinance 2020-006 also amends DCC Chapter 2.28 — Historic Preservation and Historic Landmarks Commission. The amendments include new text — as provided in Exhibit E — that updates the definitions and procedures to reflect the State's model ordinance and comply with the 2017 amendments to the historic preservation rules within OAR 660-023- 0200. Added language is underlined and deleted language shown as GtFikethr9Wgl4. Table 3 provides an overview of the amended text. Table 3 — Text Amendments DCC 2.28 Overview Delete "buildings" & add "objects" to align with definitions and 2.28.010 - Purpose reduce redundancy. Exhibit F to Ordinance 2020-006 Page 2 of 14 DCC 2.28 Overview • Add several new definitions to clarify protections, process, and 2.28.020 -Definitions requirements. 2.28.030 - . Update language to refer to new definitions. Applicability Delete "secretary" as an officer position. 2.28.040 - • Clarify process based on new definitions and updated Administration requirements. • Update references to other sections of DCC. 2.28.050 - Criteria • Update language to refer to new definitions. Clarify procedures for designating a historic resource to the County's local Goal 5 inventory. • Delete separate procedures for designation of buildings, districts, - and sites. Combine into one overarching procedure based on Procedures Proce updated definitions. • Clarify procedures for landmarks on the NRHP and explain the difference from the local Goal 5 inventory. 2.28.070 - Historic • Add new language in reference to the Goal 5 inventory, (i.e., and Cultural "Resource list"). resource Survey • Specify requirements and technical language used in historic and Inventory surveys and inventories. 2.28.080 - Designation not a 0 Update language to refer to new definitions. Recommendation for Federal Action 2.28.090 - Exterior • Clarify process for exterior alterations to both Goal 5 inventoried Alteration and New resources and those listed on the NRHP. Building Structure "Alterations to a NRHP landmark listed on or after February 23, Restrictions 2017, are not subject to a County review of such alterations. 2.28.100 - Demolition Update language to refer to new definitions. and Relocation of , Add review criteria for demolition or relocation of National Significant Historic Register Resources. Resources 2.28.110 - Records and Artifact • Update language to refer to new definitions. Preservation 2.28.120 - • Update language to refer to new definitions. Signs/Plaques Exhibit F to Ordinance 2020-006 Page 3 of 14 DCC 2.28 Overview 2.28.130 - Redevelopment and Neighborhood Update language to refer to new definitions. Improvement Projects Review by Commission 2.28.140 - Enforcement of • Clarify the County's responsibility in reviewing proposals to alter, State Preservation relocate, or demolish Archaeological Resources. Laws ' Update language to refer to new definitions. 2.28.150 - Appeals • Delete reference to reconsideration. 2.28.160 - Penalties • Update reference to specific sections of DCC. 2.28.170 - Oregon State Special . Delete subsection based on feedback from SHPO (not necessary). Assessment of Historic Properties *New* 2.28.170 - Preservation of Add language based on model ordinance and State law. Archaeological Resources *New* 2.28.180 - Removal of a • Add language based on model ordinance and State law. Significant Historic • Clarify process for removing a resource from the Goal 5 Resource from the inventory. Resource List *New* 2.28.190 - . Add new section with existing language on condemnation Condemnation proceedings (previously located in DCC 2.28.100). Proceedings Deschutes County lacks specific criteria in DCC Titles 22 or 23 for reviewing a legislative plan amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying the amendments are consistent with the Statewide Planning Goals, Oregon Revised Statutes, Oregon Administrative Rules and its existing Comprehensive Plan. Findings for the applicable approval criteria are provided below. IV. FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required Exhibit F to Ordinance 2020-006 Page 4 of 14 FINDING: The Historic Landmarks Commission held a public hearing on June 1, 2020. The Planning Commission reviewed the proposed amendments and the HLC's recommendation on June 25, 2020. The Board will hold a hearing following the Planning Commission recommendation. This criterion is met. 2. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in the Bend Bulletin newspaper on May 14, 2020. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion is met as notice was posted in the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend, as well as on the Planning Division website. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The Planning Division mailed notice on May 13, 2020 to all property owners with a designated historic or cultural resource on their property. This criterion is met. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion is met. Exhibit F to Ordinance 2020-006 Page 5 of 14 3. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board. This criterion is met. 4. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. FINDING: Because the proposed amendments are specific to historic preservation, the Historic Landmarks Commission held a public hearing on June 1, 2020. The Planning Commission reviewed the Historic Landmarks Commission's recommendation, which will be followed by a Board hearing. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Planning Commission reviewed the proposed amendments prior to a public hearing before the Board. 5. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: Land use application file no. 247-20-000253-PA and 247-20-000254-TA are implemented by Ordinance Nos. 2020-006. This criterion is met. B. STATEWIDE PLANNING GOALS The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. The following findings demonstrate that Ordinance 2020-006 complies with applicable Statewide Planning Goals and State Law. Goal 1, Citizen Involvement is met through this adoption process because the proposed amendments received noticed public hearings before the Historic Landmarks Commission and the Board. Exhibit F to Ordinance 2020-006 Page 6 of 14 Goal 2, Land Use Planning is met because ORS 197.610 allows local governments to initiate post acknowledgment plan amendments (PAPAs). A Department of Land Conservation and Development (DLCD) 35-day notice was initiated on March 30, 2020.3 This FINDINGS document provides the adequate factual basis and documented analysis for this plan update. Goal 3, Agricultural Lands and Goal 4, Forest Lands are not applicable because the proposed amendments will not have an effect on the operation and/or preservation of agricultural or forest lands. The proposed amendments impact the administration of historic resource protection, they do not modify allowed uses or where uses can be located. Some historic resources are located on agricultural and forest lands, but all historic resources were developed well before the development of the Statewide Planning Goals or land use regulations were adopted in Deschutes County. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces will be met because the purpose of the proposed amendment is to bring the County's historic preservation ordinance up-to-date and in compliance with the updated State historic preservation rule (i.e., OAR 660-023-0200). The text amendments mirror the model ordinance which was informed by the 2017 amendments to OAR 660-023-0200.4 Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards are not applicable because the County has proposed amendments that effect the administration of historic resource preservation. No development or land use changes are proposed that impact air, water and land resource qualities or natural hazards. Chapters 17, 18, and 19 of the County Code regulate uses, including uses within historic structures or properties. Protection standards for air, water and land resource quality and limitation of development in areas subject to natural hazard are provided in these chapters, not the historic preservation ordinance (DCC 2.28). Again, the historic preservation ordinance does not regulate uses or where a structure can be located. Thus, Goal 6 is not applicable. Goal 8, Recreational Needs is not applicable because the County is proposing amendments to the County's administration of historic preservation. No development or land use changes are being proposed that impact lands designated with recreational resources. Goal 9, Economic Development is not applicable because the proposed amendments do not impact the ability of cities or counties to have enough land available to realize economic growth and development opportunities. The amendments pertain to the administration of historic preservation. 3 Deschutes County completed periodic review on January 23, 2003. The Comprehensive Plan Update was adopted on November 9, 2011. 4 SHPO and DLCD created the model ordinance, which is available here: https://www.oregon.gov/oprd/OH/pages/clg.aspx Exhibit F to Ordinance 2020-006 Page 7 of 14 Goal 10, Housing is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11, Public Facilities is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact public facilities. Goal 12, Transportation is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact transportation facilities. Goal 13, Energy Conservation is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are proposed that pertain to energy conservation. For example, the proposed amendments do not prevent a historic -landmark property owner from applying for permits to increase energy efficiency. A property owner is not precluded from increasing their energy conservation if historic design standards are met. Again, the proposed amendments are limited to the administration of historic preservation — they do not increase or decrease allowed uses or similar standards. Goal 14, Urbanization is not applicable because no expansion of an urban area is proposed with these amendments. Goals 15 through 19 are not applicable to any amendments to the County's comprehensive plan because the County has none of those types of lands. C. OAR 660-023 PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 OAR 660-023-0200 Historic Preservation Rule (2) Relationship of Historic Resource Protection to the Standard Goal 5 Process. (a) Local governments are not required to amend acknowledged plans or land use regulations in order to provide new or amended inventories, resource lists or programs regarding historic resources, except as specified in section (8). Local governments are encouraged to inventory and designate historic resources and must adopt historic preservation regulations to protect significant historic resources. FINDING: Deschutes County has an adopted historic preservation ordinance.5 The purpose of the proposed amendments is to comply with the recently updated OAR 660- 023-0200(8). 5 See DCC 2.28 Exhibit F to Ordinance 2020-006 Page 8 of 14 (b) The requirements of the standard Goal 5 process in OAR 660-023-0030 through 660-023-0050, in conjunction with the requirements of this rule, apply when local governments choose to amend acknowledged historic preservation plans and regulations. (c) Local governments are not required to apply the ESEE process pursuant to OAR 660-023-0040 in order to determine a program to protect historic resources. FINDING: The County's response to the requirements of the standard Goal 5 process in OAR 660-023-0030 through 660-023-0050 are provided below. OAR 660-023-0030 This section speaks to the inventory process to locate, evaluate, and potential adoption of significant resources. The proposed amendments are unique in regards to this section because they are intended to bring the County's historic preservation ordinance up-to- date. There will be no collection or survey of potential resources because the County already has an adopted historic or cultural resource list.6 Thus, there is no need to evaluate potential resources for their significance. The adopted resource list has already been deemed significant, which is why each resource is on the County's resource list or on the National Register of Historic Places. Again, the proposed amendments seek to amend the historic preservation ordinance to comply with the 2017 updated OARs, including this specific section. OAR 660-023-0040 Not applicable as provided above in sub (c). OAR 660-023-0050 This section speaks to the various programs to achieve Goal 5 and refers to OAR 660- 023-0040. Staff finds this section is not applicable because the proposed amendments do not modify conflicting uses. The amendments pertain to the administration of historic preservation in order to comply with the 2017 updated OARs relevant to historic resources. (3) Comprehensive Plan Contents. Local comprehensive plans should foster and encourage the preservation, management, and enhancement of significant historic resources within the jurisdiction in a manner conforming with, but not limited by, the provisions of ORS 358.605. In developing local historic preservation programs, local governments should follow the recommendations in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, produced by the National Park Service. Local governments should develop a local historic context 6 Comprehensive Plan Section 5.9 Exhibit F to Ordinance 2020-006 Page 9 of 14 statement and adopt a historic preservation plan and a historic preservation ordinance in conjunction with inventorying historic resources. FINDING: The County has maintained policies and provisions to encourage historic preservation since 1980 (i.e., a historic preservation ordinance). The County's historic preservation ordinance is in compliance with ORS 358.605 which speaks to the importance of preventing the destruction of historic or cultural resources and the recommended development of preservation plans. The County's historic preservation ordinance requires coordinated review with the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. This requirement does not change in the proposed amendments. While the County does not have a formally -adopted local historic context statement, it is not a requirement in this situation.' (4) Inventorying Historic Resources. When a local government chooses to inventory historic resources, it must do so pursuant to OAR 660-023-0030, this section, and sections (5) through (7). Local governments are encouraged to provide opportunities for community -wide participation as part of the inventory process. Local governments are encouraged to complete the inventory in a manner that satisfies the requirements for such studies published by the Oregon State Historic Preservation Office and provide the inventory to that office in a format compatible with the Oregon Historic Sites Database. (5) Evaluating and Determining Significance... FINDING: The County is not proposing to inventory historic resources and, thus, is not required to evaluate or determine the significance of a resource. The proposed amendments pertain to the administration of historic preservation. (6) Designating Locally Significant Historic Resources... FINDING: The County is not proposing to designate a Locally Significant Historic Resource. While the proposed amendments include the addition of National Register Resources to the Comprehensive Plan, such resources are not categorized as Locally Significant Resources as defined in the applicable rule. (7) Historic Resource Protection Ordinances. Local governments must adopt land use regulations to protect locally significant historic resources designated under section (6). This section replaces OAR 660-023-0050. Historic protection ordinances should be consistent with standards and guidelines recommended in the Standards and Guidelines for Archeology and Historic Preservation published by the U.S. Secretary of the Interior, produced by the National Park Service. FINDING: The County has had a historic resource ordinance since 1980. DCC 2.28, formerly PL-21, protects Locally Significant Historic Resources. However, as stated There is a possibility of applying future CLG grant funds to creating such documents. Exhibit F to Ordinance 2020-006 Page 10 of 14 above, the existing proposal does not include the designation of additional Locally Significant Historic Resources. (8) National Register Resources are significant historic resources. For these resources, local governments are not required to follow the process described in OAR 660-023-0030 through 660-023-0050 or sections (4) through (6). Instead, a local government. (a) Must protect National Register Resources, regardless of whether the resources are designated in the local plan or land use regulations, by review of demolition or relocation that includes, at minimum, a public hearing process that results in approval, approval with conditions, or denial and considers the following factors: condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the acknowledged comprehensive plan. Local jurisdictions may exclude accessory structures and non-contributing resources within a National Register nomination; FINDING: The purpose of the amendments is to comply with this specific section. The existing County historic preservation ordinance does not differentiate between Locally Significant Historic Resources and National Register Resources (i.e., sites and districts listed on the National Register of Historic Places). This means a National Register Resource receives the same protections as a Locally Significant Historic Resource. The County has proposed amendments to County Code 2.28 (historic preservation) in order to comply with the 2017 updates to this OAR section and, thus, specifically define what type of protections are provided to National Register Resources. The proposed amendments define National Register Resources and creates two categories for such resources: Resources listed before February 23, 2017 Resources listed on or after February 23, 2017 Both categories receive certain protections as required by this rule. Resources listed before the aforementioned date receive the same level of review as Locally Significant Historic Resources (i.e., alteration, relocation, demolition). Demolition and relocation proposals for resources listed after said date are required to have a public hearing that reviews the condition, integrity, age, significance, etc. of the resource. Again, the purpose of the proposed amendments is to comply with the 2017 updates to this OAR section, and, specifically, the requirement to require a basic level of protections for National Register Resources. (b) May apply additional protection measures. For a National Register Resource listed in the National Register of Historic Places after the effective date of this rule, additional protection measures may be applied Exhibit F to Ordinance 2020-006 Page 11 of 14 only upon considering, at a public hearing, the historic characteristics identified in the National Register nomination; the historic significance of the resource; the relationship to the historic context statement and historic preservation plan contained in the comprehensive plan, if they exist; the goals and policies in the comprehensive plan; and the effects of the additional protection measures on the ability of property owners to maintain and modify features of their property. Protection measures applied by a local government to a National Register resource listed before the effective date of this rule continue to apply until the local government amends or removes them; and FINDING: The County — at this time — is not proposing to apply additional protection measures other than those already provided to National Register of Historic Places. (c) Must amend its land use regulations to protect National Register Resources in conformity with subsections (a) and (b). Until such regulations are adopted, subsections (a) and (b) shall apply directly to National Register Resources. FINDING: The proposed amendments specifically address this requirement as they update the County's historic preservation ordinance to conform to the applicable OARs (660-023-0200(8)). (9) Removal of a historic resource from a resource list by a local government is a land use decision and is subject to this section FINDING: The proposal does not involve the removal of a historic resource form the resource list. That said, the standards found in this section are included in the text amendments to comply with the latest OARs. (10) A local government shall not issue a permit for demolition or modification of a locally significant historic resource during the 120-day period following: FINDING: The proposal does not involve the removal of a historic resource form the resource list. That said, the standards found in this section are included in the text amendments in order to comply with the latest OARs. D. CONSISTENCY WITH DESCHUTES COUNTY COMPREHENSIVE PLAN Deschutes County updated its Comprehensive Plan on August 10, 2011. Chapter 2, Resource Management Section 2.11, Cultural and Historic Resources Exhibit F to Ordinance 2020-006 Page 12 of 14 Goal 1 Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.11.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. FINDING: The proposed Comprehensive Plan and text amendments are consistent with Policy 2.11.1. The HLC created the work program that provided direction for staff to update DCC 2.28 to comply with the State amendments to the historic preservation rule. The proposed amendments will promote historic and cultural resource preservation by providing a clear process for administering historic resource designations and protections. Policy 2.11.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government. b. Encourage private property owners to coordinate with the State Historic Preservation Office. FINDING: The proposed Comprehensive Plan and text amendments are consistent with Policy 2.11.2. The State Historic Preservation Office and the Department of Land Conservation and Development created a model ordinance for historic preservation that complied with the latest revisions to the historic preservation rule in OAR 660-023-0200. Staff utilized the model ordinance to audit Chapter 2.28 and develop text that needed to be included in a historic preservation ordinance to comply with the State historic preservation rule. The State Historic Preservation Office was consulted and provided guidance on the proposed amendments. The proposed amendments bring Chapter 2.28 into compliance with the historic preservation rule, and, thus, maintains Deschutes County's status as a Certified Local Government. The CLG status has certain requirements for a local jurisdiction. The County's CLG status could be in jeopardy if the historic preservation ordinance is not up- to-date and out of compliance. Thus, there is a need for the proposed amendments. The sub -policy to encourage private property owners to coordinate with the State Historic Preservation Office will not be impacted by the proposed amendments. Policy 2.11.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. Exhibit F to Ordinance 2020-006 Page 13 of 14 b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. FINDING: The Comprehensive Plan and text amendments are consistent with Policy 2.11.3. The amended text of the preservation ordinance will encourage preservation of historic and cultural resources by way of clearly: Defining terms Listing what resources are protected Explaining how resources are protected The proposed Comprehensive Plan amendments develop and maintain a list of landmarks on the National Register of Historic Places, something that has not been done before. The proposed amendments directly accomplish Policy 2.11.3(b) as the process involves a thorough review of County Code and, subsequently, a list of amendments to bring the County's historic preservation ordinance up to standard with the newly updated historic preservation rule and the State's model ordinance. The updated procedures and requirements more adequately preserve historic landmarks listed in the historic resource list. Exhibit F to Ordinance 2020-006 Page 14 of 14 E S Co Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of August 12, 2020 DATE: August 4, 2020 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Second Reading of Ordinance No. 2020-006, Historic Preservation Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners approved First Reading of Ordinance 2020-006 amending Deschutes County Code Chapter 2.28 and the Comprehensive Plan to comply with new State historic preservation rules on July 29, 2020. Second Reading is scheduled for August 12, 2020. FISCAL IMPLICATIONS: None. ATTENDANCE: Nick Lelack, AICP, CDD Director COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, CDD Director DATE: August 4, 2020 RE: Historic Preservation Ordinance Amendments - Second Reading The Board of County Commissioners (Board) approved First Reading of Ordinance 2020-006 amending Deschutes County Code (DCC) Chapter 2.28 and the Comprehensive Plan to comply with new State historic preservation rules on July 29, 2020.' The Board approved minor edits to the draft Ordinance, described below. Second Reading is scheduled for August 12, 2020. The amendments will take effect on November 10, 2020. I. PROPOSAL The amendments update the Comprehensive Plan and DCC to comply with Oregon Administrative Rule (OAR) 660-023-0200 - Historic Resources. II. SUMMARY OF MINOR CHANGES TO AMENDMENTS The Board directed staff to add the following text to the proposed amendments in order to clarify that a majority of the requirements and procedures described in DCC 2.28 are mandated by the state in OAR 660- 023-200. Added text is depicted in underlined, red text. Comprehensive Plan: Section 2.11 Cultural and Historic Resources Background Historic buildings and sites connect us to the past and teach us how people in different eras managed resources and worked within their surroundings. Interesting information can be gleaned through an examination of significant buildings, rock shelters, cemeteries and individual graves, ranches, trails, wagon train routes, townsites, mill sites, fish hatcheries, river crossings, bridges, canals, dams, historic roads and other unique resources. These resources enrich the community by providing tangible evidence of our heritage. Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023. The Statewide Goal ' The full record was provided to the Board during the July 20, 2020 work session; meeting materials can be downloaded at www.deschutes.org/meetings. 11 7 NW I afayette Avenue, Bend, Ote on S 770=' ( 11.0. �,ox 6005, Rend, OR 9770 60C 5 Q, (5/11) @ (-dd@')desehutFs .org (0 v1v'[W.descl lutes.orglcd and OAR require basic demolition and relocation review of historic resources on the National Register of Historic Places and recommend the County to inventory and protect other local historic and cultural sites. Deschutes County Code Chapter 2.28 - Historic Preservation and Historic Landmarks Commission implements OAR 660-023-200 as required by the State of Oregon. DCC 2.28.010. Purpose. A. Districts, structures, objects and sites in Deschutes County which have special historic and prehistoric association or significance should be preserved as part of the heritage of the citizens of the County, and for the education, enjoyment and pride of the citizens, as well as for the beautification of the County and enhancement of the value of such property. B. To that end, regulatory controls and administrative procedures are necessary. C. Deschutes County Code Chapter 2.28 - Historic Preservation and Historic Landmarks Commission implements OAR 660-023-200 as required by the State of Oregon. Attachment: 1. Ordinance 2020-006 (DCC 2.28, Comprehensive Plan Section 2.11 & 5.9) - amended August 4, 2020 Page 2 of 2