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2020-299-Minutes for Meeting July 22,2020 Recorded 8/14/2020��vY E S CMG g� �q O 2� BOARD ®F COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County C J2020.299 Nancy Blankenship, County Clerk Commissioners' Journal 08/14/2020 4:53:37 PM 2020-299 FOR RECORDING STAMP ONLY 10:00 AM Wednesday, July 22, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone (via Zoom conference call), and Phil Henderson (present from 10:00 a.m. to 3:53 p.m.). Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call); and Sharon Keith, Board Executive Assistant (via Zoom conference call). Attendance was limited in response to Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.iq,m2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:03 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner Adair announced that the Governor's Press Conference is scheduled for today at 11:00 a.m. and that this Board meeting will be recessed to allow for viewing. BOCC MEETING JULY 22, 2020 PAGE 1 OF 8 CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. HENDERSON: Move approval of Consent Agenda minus Item 1 for discussion and Item 14 for further review DEBONE: Second Discussion: Commissioner DeBone clarified a word that needed correction in the minutes listed as Item 18. VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2020-045, to Increase Appropriations in the FY 2020-21 Budget 2. Consideration of Board Signature of Resolution No. 2020-048, Initiating the Vacation of a Portion of Cook Avenue 3. Consideration of Board Signature of Resolution No. 2020-049, to Approve an increase in Appropriations and FTEs Within the FY2020-21 Deschutes County Budget 4. Consideration of Board Signature of Resolution No. 2020-050, to Approve an Increase in Appropriations and FTEs Within the FY 2020-21 Deschutes County Budget 5. Consideration of Board Signature of Order No. 2020-040, Vacating a Portion of Cook Avenue 6. Consideration of Board Signature of Purchase Agreement, Document No. 2020-198, and Acceptance of Deed of Dedication, Document No. 2020-199, and Temporary Construction Easement, Document No. 2020-200, from Q5000, LLC for the Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement Project 7. Consideration of Board Signature to Reappoint Jerry Thackery to the Ambulance Service Area Advisory Committee 8. Consideration of Board Signature to Reappoint Jeremy Ast to the Ambulance Service Area Advisory Committee 9. Consideration of Board Signature to Reappoint Dan Daugherty to the Ambulance Service Area Advisory Committee 10. Consideration of Board Signature to Reappoint Art Sharkey to the Four Rivers BOCC MEETING JULY 22, 2020 PAGE 2 OF 8 Vector Control District Board 11.Consideration of Board Signature to Reappoint Rodney Diekhoff to the Four Rivers Vector Control District Board 12.Consideration of Board Signature to Reappoint Annie Blumenstetter to the Deschutes County Dog Control Board of Supervisors 13.Consideration of Board Signature to Reappoint Oliver Tatom to the Deschutes County Dog Control Board of Supervisors 14.Approval of Minutes of the June 17, 2020 BOCC Meeting 15.Approval of Minutes of the June 19, 2020 BOCC Meeting 16.Approval of Minutes of the June 22, 2020 BOCC Meeting 17.Approval of Minutes of the June 24, 2020 BOCC Meeting 18.Approval of Minutes of the July 6, 2020 BOCC Meeting ACTION ITEMS: Consent Agenda Item 1 as pulled for Discussion: Consideration of Board Signature of Resolution No. 2020-045, to Increase Appropriations in the FY 2020-21 Budget Commissioner Henderson commented on the limited duration positions within the Health Services department and commented on the request for an extra 6 months for the position of an Administrative Assistant. Commissioner DeBone would support limited durations based on the need for COVID19 response. Commissioner Henderson recommended reallocating the additional 6 month term for the Administrative Assistant to an extra Contact Tracer. Commissioner Adair agreed that the Administrative Assistant position should be changed from 18 months to 12 months and to reallocate the extra funding for 6 months for a Contact Tracer. The Resolution will be amended to reflect this change. HENDERSON: Move approval of Resolution No. 2020-045 with amendments ADAIR: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING JULY 22, 2020 PAGE 3 OF 8 19.PUBLIC HEARING: Historic Preservation Ordinance Update Community Development Department Planner Zechariah Heck (via Zoom conference call) presented the hearing procedures. Upon hearing no conflict of interest or bias or challenges from the audience, Commissioner Adair opened the public hearing. Mr. Heck provided a staff report. Community Development Department Director Nick Lelack commented on the Oregon Administrative Rules relative to discretionary amendments. Commissioner Adair opened the public hearing. State Historic Preservation Office representatives Robert Olguin and Kuri Gill (via Zoom conference call) were available to provided testimony and address questions for the Commissioners. RECESS: At the time of 11:06 a.m., the Board went into Recess to view the Governor's press conference and reconvened the meeting at 11:35 a.m. Hearing no further testimony, Commissioner Adair closed the public hearing. The oral and written record was closed. Deliberations will be scheduled for a future BOCC meeting. RECESS: At the time of 12:01 p.m. the Board went into Recess and reconvened the meeting at 1:00 p.m. 20.DELIBERATIONS: Transportation System Plan Text Amendment Senior Transportation Planner Peter Russell (via Zoom conference call) presented the deliberations. A public hearing was held on June 24, 2020 and no further written testimony was received. Mr. Russell reported on the BOCC MEETING JUL.Y 22, 2020 PAGE 4 OF 8 project. Staff recommends acceptance of proposed plan amendment DEBONE: Move approval of the TSP text amendment HENDERSON: Second Discussion: Commissioner DeBone commented on safety and throughput of the cooridors. VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 21.COVID19 UPDATE Nahad Sadr-Azodi, Director of Public Health, Dr. George Conway, and Dr. Richard Fawcett (via Zoom conference call) presented the update. Dr. Conway reported on the COVID19 outbreak at a long-term memory care facility. Dr. Conway thanked Commissioner Adair for her support for securing testing at additional local long-term health care facilities. A report was given on the COVID19 cases and testing in Deschutes County (presentation is attached to the record). The Association of Oregon Counties have requested a letter of support regarding concerns related to Oregon OSHA rules and programs for agricultural and food processing workers implemented in response to COVID19. The Board expressed support. Commissioner DeBone also recommended individual letters of support. Commissioner Henderson commented on various questions he has had with the COVID19 response. BOCC MEETING JULY 22, 2020 PAGE 5 OF 8 22.Discussion of Vacant Position Elimination Deputy County Administrator Erik Kropp introduced the discussion on current vacant positions in Deschutes County departments based on the Budget Committee recommendation of eliminating positions. Commissioner Henderson suggested discussions with Elected Officials on their vacancies. Commissioner DeBone supports the current level (1 %) of eliminated position vacancies. The Board requested further review of the position report. Janice Garceau, Health Services (via Zoom conference call) presented staff vacancies in the South County and Bend divisions due to sudden resignations. The Board expressed support of filling the vacancy in South County. County Administrator Anderson will authorize the South County position. Commissioner Henderson supports having the Chair review the list of positions and make recommendations to the Board. This item will be further discussed at the Wednesday, July 29, 2020 BOCC meeting. 23.Continued Discussion on Bend Core Area Urban Renewal District and Consideration of Board Signature of Resolution No. 2020-051 County Administrator Anderson reported on the revised Resolution based on discussions at the Monday, July 20, 2020 BOCC meeting. Commissioner DeBone recommended revisions to the language of the Resolution. Commissioner Henderson supports a smaller geographic reach and shorter time frame. County Administrator Anderson explained the Resolution is required to be submitted by Thursday, July 23, 2020. DEBONE: Move approval of Resolution No. 2020-051 as amended in opposition of the Proposed Care Area TIF Plan in Bend ADAIR: Second BOCC MEETING JULY 22, 2020 PAGE 6 OF 8 VOTE: DEBONE: Yes HENDERSON: Acknowledged he is unsure ADAIR: Chair votes yes. Motion Carried The revised Resolution was presented for the vote. VOTE: DEBONE: HENDERSON: ADAIR: Yes Yes Chair votes yes. Motion Carried RECESS: At the time of 3:27 p.m. the Board went into recess and reconvened the meeting at 3:32 p.m. EXECUTIVE SESSION: At the time of 3:33 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of the Session at 3:52 p.m. Commissioner Henderson excused himself at 3:53 p.m. At the time of 3:53 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of the Session at 4:15 p.m. At the time of 4:16 p.m. the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of the Session at 4:21 p.m. to direct staff to proceed as directed. BOCC MEETING JULY 22, 2020 PAGE 7 OF 8 Being no further items to come before the Board, the meeting was adjourned at 4:22 p.m. DATED this - S Day of 6Lei444J— 2020 for the Deschutes County Board of Commissioners. jkW A "! H FU A IA I CUll INTA WJ ARM,' 01 'M BOCC MEETING J U LY 22, 2020 PAGE 8 OF 8 BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JULY 22, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes. org/meetin�s. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda Wednesday, July 22, 2020 Page 1 of 5 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2020-045, to Increase Appropriations in the FY 2020-21 Budget 2. Consideration of Board Signature of Resolution No. 2020-048, Initiating the Vacation of a Portion of Cook Avenue 3. Consideration of Board Signature of Resolution No. 2020-049 to Approve an Increase in Appropriations and FTEs Within the FY 2020-21 Deschutes County Budget 4. Consideration of Board Signature of Resolution No. 2020-050 to Approve an Increase in Appropriations and FTEs Within the FY 2020-21 Deschutes County Budget 5. Consideration of Board Signature of Order No. 2020-040, Vacating a Portion of Cook Avenue 6. Consideration of Board Signature of Purchase Agreement, Document No. 2020-198, and Acceptance of Deed of Dedication, Document No. 2020-199, and Temporary Construction Easement, Document No. 2020-200, from Q 5000, LLC for the Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement Project 7. Consideration of Board Signature to Reappoint Jerry Thackery to the Ambulance Service Area Advisory Committee Board of Commissioners BOCC Meeting Agenda Wednesday, July 22, 2020 Page 2 of 5 8. Consideration of Board Signature to Reappoint Jeremy Ast to the Ambulance Service Area Advisory Committee 9. Consideration of Board Signature to Reappoint Dan Daugherty to the Ambulance Service Area Advisory Committee 10. Consideration of Board Signature to Reappoint Art Sharkey to the Four Rivers Vector Control District Board 11. Consideration of Board Signature to Reappoint Rodney Diekhoff to the Four Rivers Vector Control District Board 12. Consideration of Board Signature to Reappoint Annie Blumenstetter to the Deschutes County Dog Control Board of Supervisors 13. Consideration of Board Signature to Reappoint Oliver Tatom to the Deschutes County Dog Control Board of Supervisors 14.Approval of Minutes of the June 17, 2020 BOCC Meeting 15.Approval of Minutes of the June 19, 2020 BOCC Meeting 16.Approval of Minutes of the June 22, 2020 BOCC Meeting 17.Approval of Minutes of the June 24, 2020 BOCC Meeting 18.Approval of Minutes of the July 6, 2020 BOCC Meeting ACTION ITEMS 19. 10:10 AM PUBLIC HEARING: Historic Preservation Ordinance Update - Zechariah Heck, Associate Planner 20. 10:30 AM DELIBERATIONS: Transportation System Plan Text Amendment - Peter Russell, Senior Planner 21. 11:00 AM LUNCH RECESS COVID19 Update Board of Commissioners BOCC Meeting Agenda Wednesday, July 22, 2020 Page 3 of 5 22. 1:00 PM Discussion of Vacant Position Elimination - Erik Kropp, Deputy County Administrator 23. 1:30 PM Continued Discussion on Bend Core Area Urban Renewal District and Consideration of Board Signature of Resolution No. 2020-051 - Tom Anderson, County Administrator Add -On OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Execuitve Session under ORS 192.660 (2) (e) Real Property Negotiations, ORS 192.660 (2) (h) Litigation, and ORS 192.660 (2) (i) Employee Evaluation ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ®Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need oilaccommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org//meetingcalendar Board of Commissioners BOCC Meeting Agenda Wednesday, July 22, 2020 Page 4 of 5 (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, July 22, 2020 Page 5 of 5 C,0 E S Co � 2 o�.� 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 July 22, 2020 DATE: July 16, 2020 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: PUBLIC HEARING: Historic Preservation Ordinance Update BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will hold a public hearing on July 22, 2020 concerning legislative amendments to update the Countys historic preservation ordinance, Deschutes County Code Chapter 2.28 and the Comprehensive Plan. The proposed amendments align the County's Historic Preservation Ordinance with mandatory State administrative rules. FISCAL IMPLICATIONS: None ATTENDANCE: Zechariah Heck, Associate Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Zechariah Heck, Associate Planner DATE: July 16, 2020 RE: Amendments to the Historic Preservation Code - Public Hearing The Board of County Commissioners (Board) will hold a public hearing on July 22, 2020 concerning legislative amendments to update the County's historic preservation ordinance, Deschutes County Code (DCC) Chapter 2.28 and the Comprehensive Plan. The full record was provided to the Board during the July 20, 2020 work session.' The public meeting will be held in the Deschutes Services Center, Barnes and Sawyer rooms and conducted electronically and by phone. 1. ZOOM PUBLIC HEARING INFORMATION Community members planning to provide comments on this agenda item are invited to participate in this meeting via Zoom. The Zoom meeting ID and password are provided below. Upon entering the Zoom meeting, participants will automatically be placed on hold and in the waiting room. Once the Board is ready to hear public comments on this item, participants will be unmuted one -by -one and enabled to share comments live through the Zoom program. Electronically by Computer - please click this URL to join: https://uso2web.zoom.us/i/85246338064?pwd=ZFdCTDNga W9rVXdFVW5SZzFSdHJWQT09 Password: 160102 Phone - Listen and participate: Dial: 669 900 6833 Webinar ID: 852 4633 8064 Email comments prior to the meeting at 9:00 a.m. to Zechariah.heck@deschutes.org. ' Meeting materials for the July 20, 2020 work session can be downloaded here: www.deschutes.org/meetings. 11 7 NW i_afayette Avenue, Fiend, Oregon 97703, 1 P.O. Box 6005, Bend, OI: 97708-6005 Q, (1541 ) -"88-()575 @ c (l(b)(les" Iwo's of @ g/cd II. PROPOSAL The amendments update the Comprehensive Plan and DCC to comply with Oregon Administrative Rule (OAR) 660-023-0200 - Historic Resources.' They address: • Inventory, designation, and protection of historic resources; • Owner consent; • Removal of a historic resource from the resource list; and • Protection of properties listed in the National Register of Historic Places (NRHP). Staff utilized the State Historic Preservation Office's (SHPO) model ordinance and the Planning for Historic Preservation in Oregon guide to draft the proposed amendments.3 111. SUMMARY OF AMENDMENTS The proposed amendments are summarized in Table 1 below. Attachment 1 depicts the full scope of changes to DCC Chapter 2.28 and the Comprehensive Plan in tracked changes. Table 1 - Overview of Amendments DCC 2.28 Overview • Delete "buildings" & add "objects" to align with definitions and 2.28.010 -Purpose reduce redundancy. • Add several new definitions to clarify protections and process 2.28.020 -Definitions requirements. 2.28.030 - Applicability • Update language to refer to new definitions. • Delete "secretary" as an officer position. Clarify process based on new definitions and updated 2.28.040 - 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, 2.28.060 - Procedures and sites. Combine into one overarching procedure based on updated definitions. • Clarify procedures for landmarks on the NRHP and explain the difference from the local Goal 5 inventory. ' Updates to OAR 660-023-0200 became effective on February 23, 2017. 3 Both documents are available for download here: https•//www deschutes org/cd/page/historic-preservation-ordinance-update Page 2 of 4 DCC 2.28 Overview Add new language in reference to the Goal 5 inventory, (i.e., 2.28.070 - Historic and Cultural 'Resource List"). resource Survey and Inventory • Specify requirements and technical language used in historic surveys and inventories. 2.28.080 - Designation not a Recommendation for Federal • Update language to refer to new definitions. Action • Clarify process for exterior alterations to both Goal 5 inventoried 2.28.090 - Exterior Alteration resources and those listed on the NRHP. and New Building Structure **Alterations to a NRHP landmark listed on or after February 23, Restrictions 2017, are no longer subject to County review. This is the most significant change from the existing requirements. 2.28.100 - Demolition and • Update language to refer to new definitions. Relocation of Significant • Add review criteria for demolition or relocation of National Historic Resources Register Resources. 2.28.110 - Records and Artifact • Update language to refer to new definitions. Preservation 2.28.120 - Signs/Plaques • Update language to refer to new definitions. 2.28.130 - Redevelopment and Neighborhood Improvement • Update language to refer to new definitions. Projects Review by Commission 2.28.140 - Enforcement of State • Clarify the Countys responsibility in reviewing proposals to alter, Preservation Laws relocate, or demolish Archaeological Resources. 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 Assessment of Historic • Delete subsection based on feedback from SHPO (not necessary). Properties *New* 2.28.170 - Preservation • Add language based on model ordinance and State law. of Archaeological Resources *New* 2.28.180 - Removal of a • Add language based on model ordinance and State law. Significant Historic Resource • Clarify process for removing a resource from the Goal 5 from the Resource List inventory. *New* 2.28.190 - • Add new section with existing language on condemnation Condemnation Proceedings proceedings (previously located in DCC 2.28.100). Page 3 of 4 Comprehensive Plan Overview • Update background section. Section 2.11 Cultural and • Update number of sites (ten years have passed since last Historic Resources Policies update). • Delete section on need to include National Register Resources. • Include new definitions. Section 5.9 Goal 5 Inventory Update inventory. Cultural and Historic Resources Create two new categories: locally Significant Historic Resources and National Register Resources. IV. Next Steps At the conclusion of the public hearing, the Board can: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; or • Close the hearing and commence deliberations or schedule to a later date. Attachments: 1. Proposed Ordinance 2020-006 (DCC 2.28, Comprehensive Plan Section 2.11 & 5.9) 2. Draftfindings Page 4 of 4 REVIEWED -M. LEGAL COUNSEL For Recording Stamp Only 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 , 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 stfike�. 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 s'•- &eug r 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 stri��. 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 stfil�. Section 5. AMENDMENT. Deschutes County Code Chapter 2.28, Historic Preservation and Historic Landmarks Commission, 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 stiikedifeogk. Section 6. FINDINGS. The Board adopts as its findings Exhibit "F", attached and incorporated by reference herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of 1st Reading: day of , 2020. Date of 2' Reading: day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of , 2020. PAGE 2 OF 2 - ORDINANCE NO.2020-006 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. Chapter 23.01 (4.05/2020) V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-002, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-006, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-011, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-005, are incorporated by reference herein. CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-008, are incorporated by reference herein. DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-002, are incorporated by reference herein. EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-001, are incorporated by reference herein. FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-003, are incorporated by reference herein. GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-004, are incorporated by reference herein. HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-011, are incorporated by reference herein. II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. MM. The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance 2020-006 are incorporated by reference herein. (Ord. 2020-006�1, 2020; Ord. 2020-001§26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 § 1, 2017; Ord. 2016-029 § 1, 2016; Ord. 2016-027 § 1, 2016; Ord. 2016-005 § 1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 § 1, 2012; Ord. 2012-013 § 1, 2012; Ord. 2012-005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Chapter 23.01 (4-05/2020) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) Chapter 23.01 (405/2020) 5eotLovv 2.11 aiAt(traL Awoi HiStorLG ReSOVWUS 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 recemEnend, but de net requi ,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. 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 5. 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 ■ 3635 Historic or Cultural sites in the Comprehensive Plan Inventory ■ 6-13 Sites in Deschutes County on the National' sterie Register 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. ef HisteFic Places. Adding these sites to the lust weuld net I . I Etien frern the prepeFty DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.11 CULTURAL AND HISTORIC RESOURCES ewneF eF Geunty, but weuld ensure the list is useful te the publie. These issues Ean 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. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.11 CULTURAL AND HISTORIC RESOURCES seoewvv 2.:u Cu.lturat awol �storW, Resources 1>DU'GLes Goal and Policies Goal I 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, ESEEs 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 seceLow 59 coal s 1wvewt0rU Cultural, awd Historic Resources Background This section centainsinfermatien fFem the 1979 Deschutes C,...nty r",...,..Feliensiye Plan, as Feyised. It lists the __k ' and h;_eec lists Locally Significant Historic Resources and National Register Resources in rural Deschutes County. These inventories haye been are acknowledged by the Department of Land Conservation and Development as EefflplyiRg-Wit-h change te Number 30, the Tumale Creek Diversien Dam and Headgate ef the Feed Canal. 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 2017. invente+-yLocall4 Significant Historic Resources 1. 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 44N,1700. 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, I SC, 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 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES 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-'/+. 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 I 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 120044W. 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-'/+) 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. 16-12-31 A TL 2900. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.I2LEGISLATIVE HISTORY 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 1 Ith 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 5.11 GOAL 5 ADOPTED ORDINANCES 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. I6-12-31A 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 1 1-00 TL 44N. 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 1, 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. T 18 R 12 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 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 Gerki Jonathan 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 1.0.0.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 5.1 1 GOAL 5 ADOPTED ORDINANCES 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 5.12LEGISLATIVE HISTORY sect�ows12 �eg�sLat�ve �t%storU Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 201 1-003 8-10-1 1/ 1 1-9-1 1 Community Plans, Deschutes Junction, Comprehensive Plan update Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, IS, Housekeeping amendments to 201 1-027 10-31-1 1 / 1 1-9-1 1 4.6, 5.3, 5.8, 5.1 1, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/ 1 1-19-12 3.7 (revised), Appendix C System Plan (added) 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/ 1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing 2013-009 2-6-13/5-8-13 1.3 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map 2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 1 for Southern Deschutes County EXHIBIT C TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map 2013-016 10-21-13/10-21-13 23.01.010 Amendment, including certain property within City of Sisters Urban Growth Boundary Comprehensive Plan Map 2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.1 1 Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 1 1-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 1 1-23-15/ 1 1-30-15 23.01.010 designation of certain property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Text and 2015-010 12-2-15/ 12-2-15 2.6 Map Amendment recognizing Greater Sage -Grouse Habitat Inventories Comprehensive Plan Map Amendment, changing 2016-001 12-21-15/04-5-16 23.01.010; 5.10 designation of certain property from, Agriculture to Rural Industrial (exception area) Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Planning Goal I I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non- 2016-005 I 1-28-16/2-16-17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan 2016-022 9-28-16/ 1 1-14-16 23.01.010, 1.3, 4.2 Amendment, including certain property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/ 12/28/ 16 23.01.010 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2017-007 10-30-17/ 10-30-17 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan 2018-002 1-3-18/ 1-25-18 23.01, 2.6 Amendment permitting churches in the Wildlife Area Combining Zone EXHIBIT C TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral 2018-006 8-22-18/ 1 1-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing 2018-01 1 9-12-18/ 12-1 1-18 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, removing Flood 23.01.010, 2.5, Tumalo Plain Comprehensive Plan 2018-005 9-19-18/ 10-10-18 Community Plan, Designation; Comprehensive Newberry Country Plan Plan Amendment adding Flood Plain Combining Zone purpose statement. Comprehensive Plan Amendment allowing for the 2018-008 9-26-18/ 10-26-18 23.01.010, 3.4 potential of new properties to be designated as Rural Commercial or Rural Industrial Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining 2019-002 1-2-19/4-2-19 23.01.010, 5.8 to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory Comprehensive Plan and Text 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map Amendment changing designation of certain 2019-003 02-12-19/03-12-19 23.01.010, 4.2 property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to 2019-004 02-12-19/03-12-19 23.01.010, 4.2 Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. Comprehensive Plan Map Amendment to adjust the Bend Urban Growth Boundary to accommodate the refinement of the Skyline Ranch Road alignment and the 2019-01 1 05-0 1 - 19/05-16/19 23.01.010, 4.2 refinement of the West Area Master Plan Area I boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Map Amendment, changing 2019-006 03-13-19/06-1 1-19 23.01.010, designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 2019-016 1 1-25-19/02-24-20 23.01.01, 2.5 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. EXHIBIT C TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan and Text amendments to provide procedures related to the division of certain split zoned 2019-019 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments to provide procedures related to the 2020-001 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments to update the County's Resource List and 2020-006 XX-XX-XX / YY- 23.01.01, 2.1 1. 5.9 Historic Preservation yy_y , Ordinance to comply with the State Historic Preservation Rule. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 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 r'u't.wal FeseuFeeResource Survey and Inventory. 2.28.080. Designation not a Recommendation for Federal Action. 2.28.090. Exterior Alteration and New Building- tructure Restrictions. 2.28.100. Demolition and Relocation of Significant Historic Resources. 2.28.110. Records and Artifact 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. b� aOZ State SpeAssessment s u nt r ;st, Pr-opekies 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, buildings,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. (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 %id/o..�, "Archaeolo 'cif 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 al significance including but not limited to monuments symbols tools facilities technological by-products and dietary by-products. "Archaeological Resource" includes Archaeological a1 Objects and Archaeological Sites. CHAPTER 2.28 1 (-3,�9-1-205/2020) "Architectural significance" means that the structure andlef building -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 locality 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 Objects and the contextual associations of the Archaeological Objects with each other; or biotic or geological remains or dgposits 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 of this regulation for the preservation, rehabilitation, reconstruction alteration relocation or demolition of a Significant Historic Resource. "Detnolish" means to raze, destroy, dismantle, defaee eF in any other- manner ea -use partial or total fuin of a de. _o ytod st,-,aeture "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 worlcmanslup 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 workmanshipfeeling 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 Resourc-desigtiated hister4eal st,.,,,.wrve .,n.7 er building, or structure and/of 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, ,.";,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 (3�28-�205/2020) OM ft . .. . . . . ..MWIVVMM '- .. .. .. . "Historic Context Statement" means an element of the Deschutes County comprehensive plan that describes the important broad atterns of historical develppmgnt 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 County comprehensive plan that contains the Count s goals and policies for Historic Resource preservation and the processes for creating and amending the program 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 maybe determined significant and designated to the Resource List. "Historical Significance" means that the structure andlar- building -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. "Integri!y" means the authenticily of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. "Inventory" is a survey, map, or description of one or more Historic Resources r-esouree sites 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 itessHistoric Resources. histerie or eiijwr-al "Landmarks Commission" means the Deschutes County Historic Landmarks Commission. CHAPTER 2.28 3 (3�291 05/2020) "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 Resourcehistorie r-ese 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 ResourcesE. "National Register Resource" means structures objects sites or districts listed in the National Register 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 Wailes 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 property; 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 interests (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 agencies 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 (320 105/2020) "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. "Pfepei4y Ownef" means the owner- of r-eeer-d ar the eentr-aet ptir-ehaser- and does not ineltide a per -son E)r- "Protect" means to require Landmarks Commission review of applications for demolition, relocation, removal, or exterior alteration of a Significant Historic Resourcehiste^^ new construction or signs on the designated property in accordance with the provisions of this ordinance so that the defining characteristics of the bu 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, building, 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' istor-ie building and is si+ee 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 County as iMortant 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, pr-ehis*er:e or historic occupation or activity, or a bull r-structure, whether standing, ruined, or vanished, where the location itself possesses historical or, cultural, r ,, ., hae l giea 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 § 1; Ord. 95-027 § 1, 1995; Ord. 88-008 §2, 1988) CHAPTER 2.28 5 (3,/20 t-205/2020) 2.28.030. Applicability. 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. Register- of 14isto e Pl y (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; and vice -chairperson -arid serve , 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. CHAPTER 2.28 6 (34201205/2020) 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- hist-ie and ,,ultura t:esoufee within the County and the City of Sisters. 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 eewAnis- rLandmarks Commission may act upon requests by any eitize community member, by owners of structures, objects, districts, buildingsorsites, or on its own motion concerning the designation of particular districts, buildings and/ structures, objects, or sites. KM. The eer*nissiex-Landmarks Commission shall have authority to inspect or investigate any district, i •,:' a; 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. LN.The Landmarks Commission eernmission shall review all information which it has and shall hold hearings as prescribed in DCC 22.24.050 through 22.24.1904-60. MO. The Landmarks Commmission eewAnissiex-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 eernmissien-Landmarks Commission may recommend to the Board or the State Legislature any changes of law which it finds appropriate. OQ. Current Resource List f Hist f:, and Gull , -al r 1. The eamfflission Landmarks Commission shall compile and maintain a current Resource List l: " historieal and , ulti,...,' eset reel, 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 arehaeologieal sites isare subject to appropriate state and federal laws. PR. The Landmarks Commnission eetPAEission shall notify all preowners 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.- histor-io ^~ oult fal Feseufee Qj. The Landmarks Conunission eammission 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 districts; buildings ^na'^r struetiires 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. ISU. Landmark Commissioners shall serve without compensation. V. The Landmark Commission shall sLipUort the enforcement of all federal and state laws relating to the protection of National Register Resources Archaeological 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) CHAPTER 2.28 7 (-3 05/2020) 2.28.050. Criteria A. The evaluation and designation of a Locally Significant Historic Resource histori^ distri^tsbuildings ' lef stfuetffes and 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 the of DCC 2.28. (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 Designation Procedures: I4ister4eal Building Site Designation Pr-aeedufe- 1. Upon receipt of a request from the Landmarks Commission to designate a particular building, structure, object, er—site or district as a Locally Significant Historic Resources a hister4eal er ultufa r-esetff ^ or upon direction by the Board or on its own motion, the Planning Division shall fix a date and time for a public hearing on toe ,...a:.,an before 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 right 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 may object 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 desi aQn tion Mite -iOa Of ^U'' dial Elesig a ^^ 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. -4. The Planning Division shall notify, in writing, the property owners, 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. 56. 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, bull structures or objects as Miter~^^ ^r eii!Wr-al Feseureesa Locally Significant Historic Resource. 7. if the Beafd finds that a pai4ieulaf site is signifieant, t4e Board may designate the saffle as afl hilt, a g. if any histerieal building has been demalished or- destroyed, the BE)ar-d, OH its MR M060H Or UpOn ther-e4em. 89. At the time of annexation to a city, all Locally Significant Historic Resources pFope t; s ,r.;th laeally designated hist^ri^a1 and eu?tural r-es feec 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. Inisting an the National Re ste. of Nistafie Plaees is federal aetiaii and is not affeeted by annexatiew. CHAPTER 2.28 8 (3 8 05/2020) _ .. .- tea- 14isterie 12!aees 2. The, G—A-tinty Planning staff shall notify, in writing, ewner-s of reeofd of all pr-opel4ies within 3. The Landmarks GemA+iission shall slabfflit its reeoffiffieffdation to the Board at least 10 days priei: to the publie hea,•i.ra n• At thehl' h b� the owne .,„y rrer � of .,�, , involved, representative of the T a-fl4r,.,rL-s � aff - ,1 all other t te.l pai4 e shallbe e„ti e.l to be heard. sue6. if an area autside the ineWpor-ated eities but inside the adopted U an growth betmdafy is pr-op to be designated as an historie distr-iet, the pei4inefft eity eouneil may feeonmnend to the Board that h afea be designated .. an hist„rie distf -9. An area may be designated an historic district even if all sites or h"astructures within a district are not of historical or architectural significance, provided that the district as a whole is of such significance. listed pFepei4i ffmst follow ., federal „ s f rlf 0. if the designation is pr-apesed to be Fe---- a! histar-ie distr-iot for any r-easan other be held as upen the .7 .,tip,,, „f'the histar-ie distr- tin the first inst. nee the date of appheation for aiiy beilding e h' h ffiight he ag ete,l by s ,eh histofie desipation. at the time of its affflexa e 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. CHAPTER 2.28 9 (3�8-1-205/2020) 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: 1 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. 3 The Board Landmarks Commission or any member of the public may request a National Register 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 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 ,,,.ehea',.,.ieal shall not be made available to the public. CHAPTER 2.28 10 (340 4 Historic Resources must be evaluated for their historic integrity and significance and recorded in a Historic Resource Inventory as Eli ibis le/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 suipplied 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. (Ord. 2020-006 0, 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 Resource 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 followings process applies to Locally Sipificant Historic Resources and National Register Resources listed before February 23, 2017: 1. A. Except as provided in DCC 2.28.090(A)(11K), no person may demolish, relocate or alter any histeri�Significant Historic Resource such a manner as to affect its exterior appearance or integrity, nor may any new structure andlef biii din be constructed in an historic district, unless a certificate of approval has been issued by the Landmarks Commission and the County. 2. BApplication for a certificate of approval for exterior demolition, relocation, alteration or new construction under DCC 2.28.090 shall be made to the !!.planning division Division and shall be referred to the Landmarks Commission for review and/or hearing. Quasi-judicial applications shall follow DCC Chapter 22. 3. E--All applications for alteration or new construction shall be accompanied by appropriate plans and/or specifications. 4. D:—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. I . Applications for major alterations shall be forwarded to the Landmarks Commission. 7. 9. —Applications for certificates of approval for exterior alterations to structures -and/or Wildings in an historic district or to a Significant Historic Resource deli hated hiss Fie ' swu and/or building -shall be evaluated by the Landmarks Commission under the following criteria: a. 4--Applicable provisions of the County Comprehensive Plan; b. 2=-Applicable sections of the Secretary of the Interior's Standards and Guidelines for Rehabilitation; CHAPTER 2.28 11 ( 205/2020) c. -3—The reasonableness of the proposed alteration and its relationship to the public interest in the resource's stFae ir^'s angler- buildifig's preservation or renovation; d. 4—The design review guidelines set out in Appendix B at the end of DCC 2.28; e. 5—The physical condition of the resource st+u^4We ands^ building; f. 6—The general compatibility of proposed exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used on the existing resource A4:.,^�,,.o ..� Win; g. -7-.-Whether the alteration is required to remedy an unsafe or dangerous condition; h. 8—Other pertinent aesthetic factors, as appropriate. 8. 14. Applications for certificates of approval for new construction of structures ,,.,a'Or- biiildi fig. in an historic district shall be evaluated by the Landmarks Commission under the following criteria: a. -1�—The purpose of DCC 2.28; b. The provisions of the County Comprehensive Plan; c. -3—The economic effect of the new structure and/er- wilding on the historical value of the district; d. 4—The effect of the proposed new structure .,n&ar- building -on the historical character of the district; e. --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 £ 6—The design review guidelines set out in Appendix B at the endof DCC 2.28 are the criteria for new construction; 9. i—All decisions on certificates of approval shall be in writing. 10. -J-. 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 Resource' wilding ^~ struekife 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 buildingor-structure. 12. & All decisions by the Planning Division ^ ^^ 4ifieates of a n' 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 applying 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 Connnissioners 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 Resourcesl?erm-its And A. No demolition of any Significant Historic Resource designated histe.4eal ntpaeture and",,- building, 0r wa building it Mitt..., dist::et o ?anEh: afk shall be allowed except with the CHAPTER 2.28 12 (3/201205/2020) approval 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 removal -relocation proposed in the application, the Landmarks Commission shall consider the following: l . 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 Resourcehister4ea stfu ,ro 6. The historical and architectural style, the general design, arrangement, materials of the resource * , enn:e and/or buildin , its appurtenant fixtures, and the relationship of such features to similar features of other resourcesbuildings-within the County, and the position of the stfuenire and/or- building -in relation to public rights -of -way and to other resources buildings and stfuenires in the area; 7. The effects of the proposed demolition or removal upon the protection, enhancement, perpetuation and use of the resource stfuetuty andler- building 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 Commnission 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 sioifieance value to the coininunity, 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 resourcesue straetu an& building —Of &4e, 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 stpa td -e ,,n&^,. build.. 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. CHAPTER 2.28 13 (3/201205/2020) 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. .. . MORIMMM0�2 1. .._ ... ... ... .. RIM .. WIN 2.28.110. Records and Artifact Preservation Demolished 11;sto-1- eal h-Hildings n,,,.ords and A. If a Significant Historic Resource is to be demolished, insofar as practicable and as funds are available, the Landmarks Commission shall keep a pictorial and graphic history of the resourcehister4eal building or Miter^"' sit , 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 ^r- site which it deems worthy of preservation. C. Status of a Significant Historic Resource 14ister-ie Pr-ope ft., at a New Location 1. When a Significant Historic Resource a hiss .ri^ prorot., is moved to a new location, the historic prepeA-resource status is retained for that resource prepeAy at the new site unless the County, using the process required for designation of a Locally Significant Historic Resourcehister-ie property, determines that the designation 'issue or eulti r-al resource is no longer appropriate. 2. If the prepei4- esource retains its Mitt^^ apef ,, 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 -eseu, or the occupant thereof with the consent of the owner, may install an identification plaque or sign indicating the name, date, architect -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 sign or plaque may be displayed on an Significant Historic Resource Mite^^ r-eso ~^^ 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 structurebuildixg.- New signs will be attached by reusing existing hardware whenever possible. New CHAPTER 2.28 14 (3428 �205/2020) brackets and bolts on masonry ems -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 structurebug. E. The placement of the sign shall not obscure significant architectural elements of the structurebuildimg. F. The type of the sign, font, design and shape of the sign should be compatible with the historic structure'" --and the historic character of the historic district. G. The materials of which the sign is made must be compatible with the historic structurgbiii1ding and the historic character of the historic district. H. Back lighted metal -framed plastic signs are discouraged. (Ord. 2020-006 0; 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 Significant Historic Resource hiss .rie district, building or 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 smote laws relating to historic preservation. B. These State -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 eult •ra shall be forwarded to the state archeologist for comment. If 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 detenmine the appropriateness of the a application. (Ord. 2020-006 0; 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 building, stFdrture, site fdistfictSipificant Historic Resource concerned, or by any other person who participated in the hearing. B. Unless a r-eqiiest f;qr- Feeansider-ation has been filed, the natiee of appeal and appeal fee miast be r-eeeive CB. The appeal shall be conducted according to the terms of the applicable County ordinance. BC.A decision of the Board may be appealed to the land use board of appeals as provided by law. CHAPTER 2.28 15 (3Q01205/2020) (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)(1), 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 §5=Ord. 2010-019 §1; Ord. 2003-021 §7, 2003; Ord. 95-027 §1, 1995; Ord. 93-053 §1, 1993; Ord. 91-039 §1, 1991) • - Mir MPTII ..... .. . .. . . . . . .. ... . . . .. 2.28.170 Preservation of Archaeological Resources. The following provisions pply 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 0) 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 fiom the Resource List. A A National Register Resource must first be removed from the National Register of Historic Places before an owner may pply 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 CHAPTER 2.28 16 (3,/201 M/2020) 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 opportunity 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 0) 2.28.190 Condemnation Proceedings. A. Before anv action is taken by a public entitv 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 concerningaction ction to the Board before official action of condemnation is instituted. C. The Landmarks Commission may iffy 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 (3,/201205/2020) 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. 11. 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 stFikethFeugl4. Table 2 provides an overview amendments to specific Comprehensive Plan sections. Table 2 — Comprehensive Plan Amendments Comprehensive Plan Overview Section 2.11 Cultural ' Minor amendments to background section. ® Updates number of sites (ten years have passed since last update). and Historic 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 strikethrough. 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 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. ° SHPO and DLCD created the model ordinance, which is available here: https://www.oregon.gov/oprd/OH/pages/cig.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 7 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 Cu CU CL (CU CL M 7- M T CL CL m m m 4-01 bo CA m N m LLJ 23 M w 9 I 0 m IN 03 Ea y m 2 I I 0 2 \�l 2 I 2 H I -21 I AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of July 22, 2020 DATE: July 14, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: DELIBERATIONS: Transportation System Plan Text Amendment RECOMMENDATION & ACTION REQUESTED: Deliberations on TSP text amendment to 1) amend TSP text requirement that a frontage precede a US 97 Bend -Redmond raised median by adding a reference to J-turns; 2) deleting language to disconnect Vandevert Road from US 97. Staff Recommendation is to Accept the plan amendment as proposed BACKGROUND AND POLICY IMPLICATIONS: Oregon Dept. of Transportation (ODOT) filed a land use application (247-20-000138-PA) to amend the Transportation System Plan (TSP) text on pages 144, 147, and 165. The text amendment on pages 144 and 165 would modify the requirement a frontage road precede a raised median on US 97 by adding a reference to J-turns. J-turns are a directional break in a raised median to accommodate U-turns, reducing out of direction travel. The text amendment on page 147 would eliminate the text calling for Vandevert Road, a County collector, to be disconnected from US 97. The Board held a public hearing on June 24, closing the oral record and leaving the written record open until July 15. FISCAL IMPLICATIONS: None. ATTENDANCE: Peter Russell, CDD, Senior Transportation Planner ES, c-n ��i�ri`� C DEVELOPMENT' � ���r�li'�� I�zt�G 1�:�� i��i<w�T. MEMORANDUM DATE: July 14, 2020 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: July 20, 2020, Board deliberations on proposed amendment to the Deschutes County Transportation System Plan (TSP) text regarding 1) requirement a frontage road be in place prior to installing a raised median barrier between Bend and Redmond, adding a reference to J-turns and 2) removing language that Vandevert Road will be disconnected from U.S. 97 (File 247-20-000138-PA). The Board held a public hearing on June 24, 2020, on an application by the Oregon Department of Transportation (ODOT) to amend the Deschutes County TSP text on pages 144 and 165 regarding the frontage road preceding the raised median between Bend and Redmond and page 147 regarding disconnecting Vandevert Road from US 97. The proposed plan amendment (File No. 247- 20-000138-PA) would add a reference to J-turns to the text, allowing this form of a directional median break as an option to a frontage road, but not eliminating the frontage road concept, and deletes the disconnection of Vandevert Road from US 97. The proposed language is attached with new language shown as underline and deleted language shown as strikethr9WgI . The Board hearing is footnoted below.' The Board closed the oral record at the end of the hearing, but left the written record open until 5 p.m. on July 15 and set July 20 for deliberations. I. PUBLIC COMMENTS RECEIVED UP TO JULY 15 As of the writing of this memo Quly 14) staff has not received any written comments. Staff is out of the office after July 14, but has arranged for staffs mailbox and e-mail to be monitored. If staff receives any written comments prior to the record closing on July 15 at 5 p.m., staff will inform the Board at the July 20 deliberations and ensure the comments are in the record. 1 The public hearing on File 247-20-000138-PA is Item #20 https•//deschutescountyor igm2 com/Citizens/FileOpen.aspx?Tvpe=1&ID=2259&lnline=True 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd II. NEXT STEPS The Board will deliberate on July 20, which may result in the following: • Continue the deliberations to a date certain • Approve the plan amendment as proposed • Approve the plan amendment with modifications • Deny the plan amendment Staff will be attending remotely by Zoom from the CDD building. Staff will be available to answer any questions by Zoom. After the Board concludes its deliberations, staff will return at a later date with Ordinance 2020-009, which will implement the Board's decision, for consideration of first reading by title only and signature. Attachments: 1) Current and proposed language on page 144 2) Current and proposed language on page 147 3) Current and proposed deletion on page 165 Page 2 of 4 ATTACHMENTS Bend to Redmond frontage road, raised median, and J-turns 1) Current TSP language on page 144 relating to Deschutes Junction and frontage or parallel routes being required prior to installing a raised median: "The agency recognizes the out of direction travel that would result and thus has stated the current raised median would not be extended until a frontage road was in place on the west side of U.S. 97." ODOT's proposed language with text to be added shown as underlined and text to be deleted shown as strikethreugh. "The agency recognizes the out of direction travel that would result and thus has stated the current raised median would not be extended until , frent ge read was in plaEe-ter-th@ 1^Fo9_t_ side of U.S. 97 ODOT had a plan that would minimize out -of - direction travel The plan could include installation of a frontage road, backage road, or the addition of I turns on U.S. 97." 2) Current TSP language on page 165 regarding U.S. 97: "Between Bend and Redmond the traffic volumes will exceed the threshold ODOT has set for triggering a raised median. The County supports a raised median on U.S. 97, provided an adequate system of frontage road(s) or parallel local alternate routes precede the raised median's installation." ODOT's proposed language with text to be added shown as underlined. "The County supports a raised median on U.S. 97, provided an adequate system of frontage road(s) or parallel local alternate routes or the addition of J turns precede the raised median's installation." Disconnecting Vandevert Road from US 97 3) Current TSP language on page 147: "ODOT as part of its four -phased approach has identified intersections where mainline volumes are high enough that a substantial number of drivers on the side street will not have adequate gaps to turn onto or cross the highway. In the case of Vandevert, drivers wishing to go north on U.S. 97 have an alternate route of Huntington Road to South Century. The latter accesses the highway through a grade - separated interchange. Page 3 of 4 "Disconnecting Vandevert Road from U.S. 97 will require a formal request from ODOT and a public hearing before the Board of County Commissioners." ODOT's proposed language with text to be deleted shown as c'trikpthrni irrh Page 4 of 4 I i 05-0 W-1- LLJ Tt 00 . SIM y! sl 00 I......H .'. Lf"j fi'v J L l c.y 0 S S L-D AQ JS cl woz/T W ozoZA"Ift NOZ10( OZOVOUg ozo?-'/� 7/9 oeoz/,) [/,) OZOZ/6119 owz/e/4) oZ(jZ/9z/s 0 ZID Z/Z T/S OZOT/S/S OZOZ/8z/v 0707/1 7/t, o z -0 z/t",t /v 0707141V ozoell OZOZ/17z/tc 0 ZO ZIL I /i: OZOZ/IDT/c,- 0 0 0 0 0 0 0 0 Ln 0 Ln C U') (Y) cv � rH CSl r- C ti "------------ a n ry ti r m t �n i CQ rn M) 4 0 a a O 0 0 o 0 CO Lfl 11, ni rlj -.1 0 0 LO w k-) w 00 0 w m rl� I'D r1l) S -C"O' wo IN 0 Ln 0 ul) 0 Lr) 0 [j) IT (Y) ry) c� C-I V--i July 20, 2020 Michael Wood Administrator Oregon Occupational Safety and Health PO Box 14480 Salem, OR 97309 Submitted via electronic mail. Dear Administrator Wood: As representatives of Oregon's 36 counties, like the State, Oregon Occupational Safety and Health (OSHA), and others, we are working tirelessly to protect the health, safety, and well- being of all Oregonians. In our counties, we are balancing this with public health, economic, and other concerns that are arising related to the pandemic while continuing to provide critical everyday services to our constituents. We are writing today to express our concerns related to Oregon OSHA rules and programs for agricultural and food processing workers implemented in response to COVID-19. Through an expedited process, Oregon OSHA promulgated temporary rules for additional sanitation, transportation, and housing measures. Unfortunately, this expedited timeline did not provide a thorough public process that could allow for those being regulated or impacted to provide public comment. Counties are hearing loud and clear from our constituents that these changes have created significant challenges and barriers for general operating needs, processes, and expenses. During COVID-19 pandemic, it is even more critical to increase efforts to protect workers, which is why county emergency services stepped up to the plate and partnered with the State to support the agricultural and food processing industries, critical industries in our local economies. Counties supplied these industries with personal protective equipment and hand sanitizer. Individual producers and processors made the decision to proactively test workers before they were placed in farmworker housing or began to work to further advance mitigation measures. We know these actions are crucial steps to help protect vulnerable workers. Agricultural and food processing industries have been able to obtain the necessary additional hand washing stations and portable restrooms to comply with the temporary rule. However, these industries are struggling to identify housing that will meet the new standards. Innovative and emergency housing solutions, such as use of tents to keep workers separated during their time in workforce housing are not allowed under the temporary rules, resulting in challenges with hiring migrant workforce to support seasonal harvest. Ultimately, this reduces the number of employees who are working in fields, orchards, and vineyards, reducing overall harvest. Counties are concerned that those working to comply and create a safe workplace for Oregon workers are not being heard and that those industries are suffering. Industry has sought relief from the new, temporary rules; however, flexibility has not been granted. We ask that Oregon OSHA engage in a transparent, public rulemaking process, to allow those being impacted by the proposed rules to have the ability to voice their concerns, partner on collaborative solutions, and prepare to adapt their practices with consideration for employees; best practices; and economic impact. Additionally, these rules were implemented and intended to be temporary to address health and safety needs during the COVID-19 pandemic. Counties are concerned that a version of the temporary rules may become permanent in October without having gone through the traditional and transparent public rulemaking process. We ask that any extension of the temporary rules continue as temporary and expire concurrently with the state of emergency declaration as intended. Counties are also hearing from the agricultural community that Oregon OSHA is deploying an Emphasis Program on the agriculture and food processing industries due to an increase in COVID-19 positive test results in those industries. From the onset of the pandemic, counties, the State, the agricultural community, and food processing facilities have been working together proactively to protect workers. Workers are being tested in advance of housing placement to mitigate spread of the virus, adding additional sanitation options, and other workplace safety measures, such as protective plexiglass between workstations. In fact, because workers are likely to come to work even though they know they are sick, Oregon has funded the Oregon Worker Relief Fund to encourage workers to stay home by paying them wage replacement of $430 a week, or $860 for two weeks. These proactive measures are keeping workers safe. The Emphasis Program, however, is counterintuitive. It penalizes operations that have increased testing and is not supportive of the proactive and collaborative approach these industries, counties, and the State are focused on to promote health, safety, and well-being of Oregonians. We ask that Oregon OSHA work with the agricultural community to tailor a program that will protect workers in the safest manner possible. Finally, Oregon OSHA seeks to develop an infectious disease standard by September 1, 2020. We are concerned about the process to prepare such a standard. Unfortunately, this one -size - fits -all approach creates an insurmountable standard for industry to meet and does not recognize unique circumstances across industry types. What is more concerning is that this broad -brush approach is being pursued in an expedited, non -transparent manner after both the State Legislature and Congress have raised strong concerns and have elected not to pursue such a standard. We are concerned about the impact of such a standard at such a challenging time not only for our agriculture and food processing industries but also other industries, and particularly as they do not appear to have a seat at the table. We ask that Oregon OSHA take heed of the concerns expressed at the federal and State levels and include industry in the discussion by making this a fair and transparent process. • 0 . O!' We are all navigating the challenges surrounding the pandemic and trying to best support the safety, health, and well-being of Oregonians. As the direct responders in this pandemic, counties ask that Oregon OSHA: • Provide a transparent and open process for rulemaking to allow for public engagement; • Consider modifications to the existing temporary rules; and • Take a collaborative approach to addressing workforce safety that takes into consideration unique industry needs. Counties, employers, workers, and the State are all partners in our responses to the COVID-19 pandemic. Thank you for your partnership and your consideration of our requests at this critical time. Respectfully, E S CO o� 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 July 22, 2020 DATE: July 16, 2020 FROM: Erik Kropp, Administrative Services, 541-388-6584 TITLE OF AGENDA ITEM: Discussion of Vacant Position Elimination RECOMMENDATION & ACTION REQUESTED: N/A BACKGROUND AND POLICY IMPLICATIONS: See attached staff report. FISCAL IMPLICATIONS: ATTENDANCE: Erik Kropp, Deputy County Administrator; Kathleen Hinman, HR Director Interoffice memorandum Delivered via inbox. Date: July 16, 2020 To: Board of County Commissioners Cc: Tom Anderson, County Administrator and Erik Kropp, Deputy County Administrator From: Kathleen Hinman, HR Director Re: Updated Vacancy Report Attached is an updated Vacancy Report with information available through July 16, 2020. Please note the yellow highlighted positions are new to the report, added due to resignations. Human Resources staff continue to work with departments to obtain information and updates. This week's report includes: Page 1: Positions eliminated as part of the vacancy review process. (green) Page 2: Currently vacant positions in county departments. (light orange) Pages 3 & 4: Currently vacant positions in Health Services (light orange) and vacant HS grant funded positions (darker orange). Page 5: Currently vacant positions in elected offices. (blue) 1300 NW Wall street, Suite201 Bend, Oregon 97703 (541 ) 3 8 8 - 6 5 5 3 ter@deschutes.org www.descliutes.org Z i F f i f 5 i F i S f s g rz< 2s g gg.n $ EECa Ec Ei g c='S t M .. r 0 8 s E £ E £ £ £ £ E E E s £ E 0 8 � 3 T e 8 2 E f e z � E 8 E E a a a L E E ;ri sr a 3 g z. sIFa - s o EF°` S SE .3 :'€ a peR390 70 9 fr E E d LL LL E u' X' R f, Wo Q °S sR s 8 ff S s �o W €� R g E E E E E E a i i 2 2 i g dso Is ° ng gam YSaA s %7Ez°°G4 i2 a C �y�3£ 71 gn� g oasaQc €a98Y^=�gES g c 4 o a 3 TC t € 3 g EC ! x d p 8 n a ge' q 3 yy$ 4`° vyF3 p c2 U G .ygy 6a 6� x 6m g i „ n g n � 0 qnq 5 g o r j A §��� -a: �sg"§" ds �i9 �� . � i � o 0 N O N b N T 7 O A 0 0 3 i 0 a 0 d r u d C 2 O s F s s m Z s Z �s Z� �a a a � s o 0 a Ali AIM I I MAI tQ R, . . . . . . . . . . . . 15 8 S a I a a q a 0T E s C-oG� 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 July 22, 2020 DATE: July 21, 2020 FROM: Tom Anderson, Administrative Services, 541-388-6565 TITLE OF AGENDA ITEM: Continued Discussion on Bend Core Area Urban Renewal District and Consideration of Board Signature of Resolution No. 2020-051 RECOMMENDATION & ACTION REQUESTED: Consideration of Board Signature of Resolution in Opposition to the Proposed Core Area TIF Plan (Urban Renewal); Suggesting Plan Amendments REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution in Opposition to the Proposed Core Area TIF Plan (Urban Renewal); Suggesting Plan * RESOLUTION NO.2020- Amendments WHEREAS, ORS Chapter 457 generally allows municipalities to establish urban renewal agencies in order to access Tax Increment Financing (TIF) to service debt associated with identified urban renewal projects; and WHEREAS, to qualify for TIF, urban renewal projects must specifically address "blighted areas" as broadly defined in ORS 457.010; and WHEREAS, TIF causes immediate and ongoing fiscal impacts to taxing districts impacted by TIF and the associated urban renewal project; and WHEREAS, taxing districts rely on annual assessed valuation increases and corresponding property tax revenue increases to keep pace with annual operational cost increases associated with population growth and inflationary factors; and WHEREAS, the proposed Core Area TIF will redirect nearly $50 million dollars from Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District; and WHEREAS, over one million dollars are already annually redirected from countywide taxing districts due to existing urban renewal districts in the county; and WHEREAS, the proposed Redmond South Highway 97 urban renewal district may redirect an additional $20 million from countywide taxing districts; and WHEREAS, the ongoing and future impacts of COVID-19 to the economy of Bend, Deschutes County and Central Oregon are continuing to emerge and may not be fully identified and understood for years; and WHEREAS, the immediate and significant fiscal impacts to Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District; are not justified or reasonable when weighed against the identified "blight" that the Core Area TIF is designed to address; „ sv-thcineand, HI M n5 m amended ma?acd Core Aiea distinct bounday whichtl� anprooriatel�icduces_tlie amountof tax revenuc._redir cted honi_._cminm ide, taxing di,Ugts._f eascs on baditional..nnmicul"'d mii astiuctuie such as Streets sew-cr_and w rtei, awl reduces the_dw ition oi_(he district from 111. tWtwent,} years, wouldwi}l lessen the resultant fiscal hardships on ��ourisw_ulc ttxi mssicts Yo fund animal �ALcrational m rcisescomcidingwithpopulatiou iowih�ind u�fla[ionu� cost incic�scs L therefore. PAGE I OF 2 — RESOLUTION NO.2020- BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, AND ALSO AS THE GOVERNING BODY FOR THE COUNTYWIDE LAW ENFORCEMENT DISTRICT, THE DESCHUTES COUNTY EXTENSION / 4-H DISTRICT, AND THE DESCHUTES COUNTY 911 SERVICE DISTRICT as follows: Section 1. Pursuant to ORS 457.437, Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District each oppose the proposed Core Area TIF. This opposition is based upon: (a) our belief that addressing the identified "blight' at the expense of the County and the identified service districts will cause undue financial harm and possible service disruption to the County and the identified service districts; and (b) our belief that economic impacts associated with COVID-19 are still emerging and largely unknown and that prudence suggests that the Core Area TIF be delayed for at least 24 months in order to better ascertain the impacts of COVID-19 on the area economy. Suction 2. Pursuant to ORS 4�')7 417 Dcsclhutc5 County [he. C ounlyviidc I rya 1`111orcemeni District the. Deschutes C otmty [Extension i I I Di,.tmt ffl d the DeschuteS County 911 ScLV icc_Disurc{ might be able towetrld �uphort then proposed C orc Arc r 111_provided that "thr m101ut of WX ICvenU.0 redrrectcd 1%ctm count .w�idc ttain drs lets is appropriately reduced in cost and scone such that it iimm2s on .r.ditional munic4IMA inh r;tinctuu such as stie_ets uwci._and vv lc_r<gid_that the dt,ieed,the du) atron oY_thc d strict_was reduced fium thirty_to twelty V us. \yhich will lessen the resultant fiscal hardships on bette r a� c omm,wide yam disticts to fund anrtuil uhcratioual mci'crus cgincuhr with hopulatign, iov th end iullnronaiy cost tnuc}Sc Section 32-. This Resolution shall take effect immediately from and after its adoption. Dated this of , 2020 ATTEST: Recording Secretary PAGE 2 OF 2 — RESOLUTION NO.2020-_ BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair PHILIP G. HENDERSON, Commissioner Formatted Underline Formatted: No underline Formatted No underline ll --_...-... .......... - `Formatted Underline REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution in Opposition to the Proposed Core Area TIF Plan (Urban Renewal); Suggesting Plan * RESOLUTION NO.2020-051 Amendments WHEREAS, ORS Chapter 457 generally allows municipalities to establish urban renewal agencies in order to access Tax Increment Financing (TIF) to service debt associated with identified urban renewal projects; and WHEREAS, to qualify for TIF, urban renewal projects must specifically address "blighted areas" as broadly defined in ORS 457.010; and WHEREAS, TIF causes immediate and ongoing fiscal impacts to taxing districts impacted by TIF and the associated urban renewal project; and WHEREAS, taxing districts rely on annual assessed valuation increases and corresponding property tax revenue increases to keep pace with annual operational cost increases associated with population growth and inflationary factors; and WHEREAS, the proposed Core Area TIF will redirect nearly $50 million dollars from Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District; and WHEREAS, over one million dollars are already annually redirected from countywide taxing districts due to existing urban renewal districts in the county; and WHEREAS, the proposed Redmond South Highway 97 urban renewal district may redirect an additional $20 million from countywide taxing districts; and WHEREAS, the ongoing and future impacts of COVID-19 to the economy of Bend, Deschutes County and Central Oregon are continuing to emerge and may not be fully identified and understood for years; and WHEREAS, the immediate and significant fiscal impacts to Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District; are not justified or reasonable when weighed against the identified "blight" that the Core Area TIF is designed to address; and, WHEREAS, an amended proposed Core Area district boundary which appropriately reduces the amount of tax revenue redirected from countywide taxing districts, focuses on traditional municipal infrastructure such as streets, sewer and water, and reduces the duration of the district from thirty to twenty years, would lessen the resultant fiscal hardships on countywide taxing districts to fund annual operational increases coinciding with population growth and inflationary cost increases; now therefore, PAGE 1 OF 2 — RESOLUTION NO.2020-051 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, AND ALSO AS THE GOVERNING BODY FOR THE COUNTYWIDE LAW ENFORCEMENT DISTRICT, THE DESCHUTES COUNTY EXTENSION / 4-H DISTRICT, AND THE DESCHUTES COUNTY 911 SERVICE DISTRICT as follows: Section 1. Pursuant to ORS 457.437, Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District each oppose the proposed Core Area TIF. This opposition is based upon: (a) our belief that addressing the identified "blight" at the expense of the County and the identified service districts will cause undue financial harm and possible service disruption to the County and the identified service districts; and (b) our belief that economic impacts associated with COVID-19 are still emerging and largely unknown and that prudence suggests that the Core Area TIF be delayed for at least 24 months in order to better ascertain the impacts of COVID-19 on the area economy. Section 2_ Pursuant to ORS 457.437, Deschutes County, the Countywide Law Enforcement District, the Deschutes County Extension / 4-H District, and the Deschutes County 911 Service District might be able to support the proposed Core Area TIF provided that the amount of tax revenue redirected from countywide taxing districts is appropriately reduced in cost and scope such that it focuses on traditional municipal infrastructure such as streets, sewer and water, and that the duration of the district was reduced from thirty to twenty years, which will lessen the resultant fiscal hardships on countywide taxing districts to fund annual operational increases coinciding with population growth and inflationary cost increases. Section 3. This Resolution shall take effect immediately from and after its adoption. Dated this of 12020 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2 — RESOLUTION NO.2020-051 et Ol 1� ri m m m Ln w O to m o us et N N w V4 LD 00 fl O to � 0 0 It N M m W N M 00 N M 00 N M Z-gr r� M !� 2 q M M W Ln to d N kD 00 6 tD r4 0n o N 1- M 00 i, ri N m -t ri 1- Ln N N M Ow 00 1� u9 w M a-1 0 0 LD I� 00 I� O � 00 N 01' 00 1z. N d N' I,: 00 O M kO' l0 tp tD g 00' Ln eN Qrn if Ln Ln en Nr N w 1� i rq-f W !A ri n Ol lD N e-f ri to N O N 'd' N M 00 O Q H I 0C N_ I X Q H Ta r+ H (p � !a W ie Z 0 Z 419 z `us a W al7 zm° M�F1mzV Z :O z_cc p OWc 40 WZ Fa O O W:55 �- 0ir�� QC cc cYe +O+ .10+ z 5 0 r` :-AZ F- C Z a a O 0 z °Cmg Fo-t�-moo}cgWCazzz� W O O— C O A C W g W O W `n O O C Ow a 'N z W W W OD W W= N ♦'- z iiJ m m m 0� J F- W uu000� itit :)X `�0000.. xlZzz0���353wQ= xsxx m0cO.a' v u V c = � � O � � vV, vui 2 W im O (.i XI N 0 N z O V U Q TAX —DISTRICT —NAME 9-1-1 Total BEND JUNIPER RIDGE URBAN RENEWAL Total BEND METRO PARK & RECREATION Total BEND METRO PARK AND REC BOND Total C0CCTotal C O C C BOND Total CITY OF BEND Total CITY OF BEND BOND Total CITY OF BEND LOCAL OPTION Total COUNTY EXTENSION/41-1 Total COUNTY LIBRARY Total COUNTYWIDE LAW ENFORCEMENT Total DESCHUTES COUNTY Total HIGH DESERT ESD Total MURPHY CROSSING URBAN RENEWAL Total SCHOOL #1 BOND.2007 Total SCHOOL #1 BOND 2013 Total SCHOOL #1 BOND 2017 Total SCHOOL DISTRICT #1 Total Grand Total Total 2019 Taxes Core Area Tax $ 4,226,598 $ 138,675 3.3% $ 1,301,322 $ 42,878 3.3% $ 17,030,500 $ 559,739 3.3% $ - $ 58,541 $ 7,244,428 $ 237,689 3.3% $ - $ 42,374 $ 32,598,947 $ 1,074,119 3.3% $ 62,029 $ 77,537 $ 263,491 $ 8,645 3.3% $ 6,243,208 $ 210,745 3.4% $ 12,612,460 $ 413,815 3.3% $ 14,226,537 $ 466,772 3.3% $ 1,126,067 $ 36,946 3.3% $ 488,291 $ 16,089 3.3% $ 276,419 $ 94,556 $ 368,572 $ 55,629,927 $ 1,825,219 3.3% $ 158,061,551 $ 6,011,360 3.8% DESCHUTES COUNTY SHERIFF'S OFFICE �.' L. Shane Nelson, Sheriff Proudly Serving Our Community July 22, 2020 Mayor and City Council Members, Thank you for taking the time to review my input on the proposed Urban Renewal District Project. Matt Stuart is a great representative for the City of Bend and he has been attentive and service oriented in meeting with us and answering questions. After review of this proposal, I am against utilizing a Core Area TIF for this urban renewal project for a few reasons. I am thankful the voters (our bosses) approved law enforcement tax districts in 2006 which has provided stable funding for Sheriff s Office operations. This money was dedicated to public safety services, and I feel that it is important for the voters to weigh in on the Tax Increment Finance (TIF) District. These tax dollars go to paying for essential public safety functions that are critical in a growing community. This current project would be an estimated $237 million project that is focused on developing one neighborhood in Bend. This money would be used to secure loans to private industry wanting to develop areas in the city. I believe any project with this price tag should be approved by the voters. The portion of TIF money that would come from future Sheriffs Office Tax District revenue over the next thirty years would equate to $20 million. That is a considerable amount of money that will not go to fund public safety. There are currently two other TIF projects in Bend: Juniper Ridge and Murphy Crossing urban renewal projects, which to date have taken a million dollars from the Sheriff s Office Tax District. Those projects have underperformed, and have not fulfilled the projections of the City. ORS 457 allows for this process to fund urban renewal districts to address and reduce blight, taking dollars from other taxing districts. I would offer my opinion that to describe the Core Area as blighted is at the least arguable and I would state inaccurate; it is my belief the Core Area will grow without a TIF if the past is any indicator. In the last ten years Deschutes County has had rapid growth to the tune of 21% which eclipsed the nation's average growth of 6%. People are coming to this area without government subsidized loans for development. As you know, state and local government budgets are being cut as a result of the pandemic. The State of Oregon is projecting an 18% budget cut, the City of Bend is projecting a budget cut by 10% in every department. Sheriffs Stiles, Blanton, and I have been careful in deciding how to use these taxpayer -approved funds. We were able to reduce the rural district tax rate by 6% in 2018, now in our third year, due to my Sheriffs Office teammates being responsible in the use of taxpayer approved dollars. I want to continue to serve the citizens of the county and be a responsible steward of taxpayer dollars. I was born and raised in Deschutes County, and have watched the growth of the county and Bend. Because Deschutes County remains a desirable place to live, work, and raise a family, this region will continue to grow. I don't have any issue with the project, only the way it will be funded; taking money from public safety. The Core Area does not need government intervention and subsidizing of development. Respectfully, L. Shane Nelson, Sheriff Main Office 63333 W. Highway 20 Bend, OR 97703 541-388-6655 sheriif.deschutes.org Adult Jail 63333 W. Highway 20 Bend, OR 97703 541-388-6661