2023-373-Ordinance No. 2023-023 Recorded 12/5/2023REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County CJ2023-373
Steve Dennison, County Clerk
Commissioners' Journal 12/05/2023 9:41:33 AM
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2023-373
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 2, Chapter 28 to Remove Reference to the
Deschutes County Pioneer Association, and * ORDINANCE NO. 2023-023
Declaring an Emergency.
WHEREAS, the Board of County Commissioners directed Deschutes County Community Development
Department staff to initiate amendments (Planning Division File No. 247-23-000693-TA) to Deschutes County
Code Title 2, Chapter 28, Historic Preservation; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on October 12,
2023; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on November 1, 2023
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 2; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Chapter 2.28, Historic Preservation and Historic Landmarks Commission,
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 str-ilea
Section 2. FINDINGS. The Board adopts as its findings, Exhibit `B" attached and incorporated by
reference herein.
PAGE 1 OF 2 - ORDINANCE NO.2023-023
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
1 "-
Dated this of , 2023
ATTEST:4 n^ Q p^
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PA TI ADAIR, Vice Chair
- P �-
, e z'
PHILIP CHANG
Date of I" Reading:
2 day of
N •
, 2023.
Date of 2°d Reading:
�-I day of
iv w °
2023.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone X
Patti Adair ly,
Philip Chang _
Effective date: � day of _ 2023.
PAGE 2 OF 2 - ORDINANCE NO.2023-023
CHAPTER 2.28 HISTORIC PRESERVATION AND HISTORIC LANDMARKS COMMISSION
2.28.040 Administration
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.
the le andmaFks Gemmilli_
6.5. If the City of Sisters delegates their appointment to Deschutes County, the Board shall
appoint a fifth Landmarks Commissioner.
7-.6.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
Exhibit Ato Ordinance No. 2023-023 Chapter 2.28 (11/23)
building division, the American Institute of Architects, the Confederated Tribes of Warm
Springs, Bums Paiute Tribe, and Klamath Tribes.
E. The officers of the Landmarks Commission shall consist of a chairperson and vice -chairperson,
each elected by a majority vote of the Commission.
F. The regular time, place and manner of notice of meetings shall be fixed by rules of the
Landmarks Commission. However, the Landmarks Commission shall meet at least on a quarterly
basis.
G. The Landmarks Commission shall submit an annual report to the Board.
H. Any clerical and staff assistance necessary shall be provided by the County Planning Division staff
or as otherwise delegated by the Board.
I. The Landmarks Commission shall serve as a hearings body for matters concerning Significant
Historic Resources 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.
L. The Landmarks Commission may act upon requests by any community member, by owners of
structures, objects, districts, or sites, or on its own motion concerning the designation of
particular districts, objects, or sites.
M. The Landmarks Commission shall have authority to inspect or investigate any district, structure,
object 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.
N. The Landmarks Commission shall review all information which it has and shall hold hearings as
prescribed in DCC 22.24.050 through 22.24.190.
O. The Landmarks Commission shall have authority to coordinate historical preservation programs
of the county, state and federal governments, as they relate to property within the County.
P. The Landmarks Commission may recommend to the Board or the State Legislature any changes
of law which it finds appropriate.
Q. Current Resource.
1. The Landmarks Commission shall compile and maintain a current Resource List 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 are
subject to appropriate state and federal laws.
Exhibit Ato Ordinance No. 2023-023 Chapter 2.28 (11/23)
R. The Landmarks Commission shall notify all owners of a historic resource recommended for
designation of such recommendation. The 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.
S. The Landmarks Commission 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
Historic Resources to be designated pursuant to DCC 2.28.
T. The Landmarks Commission shall perform such other duties relating to historical matters as the
Board of County Commissioners may request.
U. Landmark Commissioners shall serve without compensation.
V. The Landmark Commission shall support the enforcement of all federal and state laws relating to
the protection of National Register Resources, Archaeological Sites, and Archaeological Objects
regardless if they are designated to the Resource List.
HISTORY
Adopted by Ord. PL-21 §2,3 on 911711980
Amended by Ord. 88-008 §§3, 4 and 5 on 112711988
Amended by Ord. 95-027 §1 on 511711995
Amended by Ord. 2005-029 §1 on 61612005
Amended by Ord. 2010-019 §1 on 812312010
Amended by Ord. 2012-003 §1 on 311412012
Amended by Ord. 2012-001 §1 on 41412012
Amended by Ord. 2020-006 §5 on 1111012020
Amended by Ord. 2023-023 §1 on 1112912023
Exhibit Ato Ordinance No. 2023-023 Chapter 2.28 (11/23)
FINDINGS
PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 2, Administration,
Chapter 2.28, Historic Preservation and Historic Landmarks Commission. The primary purpose of
the amendments is to remove a reference to the Deschutes County Pioneer Association in language
concerning the composition of the Historic Landmarks Commission. The Deschutes County Pioneer
Association is no longer a stand-alone not -for -profit Oregon entity and as such the requirement to
have specific representation is no longer applicable.
111. BACKGROUND
A. Historic Preservation and County Code
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 Historic Landmarks Commission and create a process to evaluate,
designate and regulate historic resources throughout the rural county. The resulting local inventory
of historical resources and National Register of Historic Places can be found in the County
Comprehensive Plan. Deschutes County Code (DCC) Chapter 2.28 - Historic Preservation and
Historic Landmarks Commission - provides procedures for protecting designated local and National
Register historic resources. Chapter 2.28 also provides the basis for the establishment and duties
of the Historic Landmarks Commission.
B. Amendments
These amendments remove DCC 2.28(A)(5), which refers to the selection of a commissioner
representing the Pioneer Association. The Pioneer Association is no longer a separate not -for -profit
Oregon entity and as such this provision is no longer applicable.
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 22 or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating one, the County bears the
Exhibit B to Ordinance No. 2023-023 Pagel of 9
responsibility forjustifying that the amendments are consistent with Statewide Planning Goals and
its existing Comprehensive Plan.
IV. FINDINGS
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: The Planning Commission reviewed the proposed amendments on October 12, 2023.
The Board of County Commissioners will hold a public hearing on November 1, 2023. This criterion
will be met.
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 will be met as notice was published in the Bend Bulletin newspaper for the
Board of County Commissioners' public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
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 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 B to Ordinance No. 2023-023 Page 2 of 9
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 of County Commissioners, and has received a fee waiver. This criterion is met.
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.
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: The Deschutes County Planning Commission reviewed the proposed amendments on
October 12, 2023. The Board then held a public hearing on November 1, 2023. These criteria are
met.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2023-023 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
STATEWIDE PLANNING GOALS AND GUIDELINES
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the
County's citizen involvement program. Notice of the proposed amendments was provided to the
Bulletin for the Board public hearing, and the Planning Commission, which acts as the citizen
involvement committee for Deschutes County, reviewed the proposed amendments at a work
session. This goal is met.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate
post acknowledgment plan amendments (PAPA). An Oregon Land Conservation and Development
Department 35-day notice was initiated on September 27, 2023. The Planning Commission reviewed
the amendments at a work session on October 12, 2023 and the Board of County Commissioners
held a public hearing on November 1, 2023. The Findings document provides the adequate factual
basis for the amendments.
Exhibit B to Ordinance No. 2023-023 Page 3 of 9
Goal 3• Agricultural Lands and Goal 4, Forest Lands: No changes related to agricultural or forest
lands are proposed as part of the text amendments. The proposed amendments impact the
administration of the Historic Landmarks Commission; they do not modify allowed uses or where
uses can be located. This goal does not apply.
Goal 5. Open Spaces Scenic and Historic Areas, and Natural Resources: The proposed amendments
address the composition of the Historic Landmarks Commission. The protections themselves and
the list of resources remain unchanged and remain in compliance with the State Historic
Preservation Rule under Goal 5, OAR 660-023-0200. This goal is met.
Goal 6• Air Water and Land Resources Quality and Goal 7, Natural Hazards: The proposed text
amendments do not propose changes to the County's Comprehensive Plan policies or
implementing regulations for compliance with Goal 6. The County has proposed amendments that
address the composition of the Historic Landmarks Commission; the historic preservation
ordinance does not regulate uses or where a structure can be located. No development or land use
changes are proposed that impact air, water and land resource qualities or natural hazards. Thus,
Goal 6 is not applicable.
Goal 8: Recreational Needs: This Goal is not applicable because the County is proposing
amendments to address the composition of the Historic Landmarks Commission. No development
or land use changes are being proposed that impact lands designated with recreational resources.
Goal 9: Economic Development: This Goal 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 composition of the Historic
Landmarks Commission.
Goal 10: Housing: This goal is not applicable because unlike municipalities, unincorporated areas
are not obligated to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: This goal is not applicable because the County is proposing
amendments to address the composition of the Historic Landmarks Commission. No development
or land use changes are being proposed that impact public facilities.
Goal 12: Transportation: This Goal is not applicable because the County is proposing amendments
to address the composition of the Historic Landmarks Commission. No development or land use
changes are being proposed that impact transportation facilities.
Goal 13: Energy Conservation: This Goal is not applicable because the County is proposing
amendments to address the composition of the Historic Landmarks Commission. No development
or land use changes are being proposed that impact energy conservation.
Exhibit B to Ordinance No. 2023-023 Page 4 of 9
Goal 14: Urbanization: The purpose of Goal 14 is to direct urban uses to areas inside UGBs. As the
proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand
an existing urban growth boundary, this goal does not apply.
Goals 15 through 19: Deschutes County does not contain any of the relevant land types included in
Goals 15-19. Therefore these goals do not apply.
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.' The purpose of the
proposed amendments is to address the composition of the Historic Landmarks Commission to
accurately reflect that the Deschutes County Pioneer Association is no longer a separate not -for -
profit entity and as such, cannot have specific representation on the Commission.
(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 regard to this section because they are
intended to address the administration of the County's historic preservation code. There will be no
collection or survey of potential resources because the County already has an adopted historic or
cultural resource Iist.Z Thus, there is no need to evaluate potential resources for their significance.
The adopted resource list has already been deemed significant. The proposed amendments seek
' See DCC 2.28
z Comprehensive Plan Section 5.9
Exhibit B to Ordinance No. 2023-023 Page 5 of 9
to amend the historic preservation ordinance to amendments to address the composition of the
Historic Landmarks Commission, not change the Goal 5 resources themselves.
OAR 660-023-0040
Not applicable as provided above in (c).
OAR 660-023-0050
This section speaks to the various programs to achieve Goal 5 and refers to OAR 660-023-0040. This
section is not applicable because the proposed amendments do not modify conflicting uses. The
amendments pertain to the administration of historic preservation.
(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 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
composition of the Historic Landmarks Commission.
(6) Designating Locally Significant Historic Resources...
Exhibit B to Ordinance No. 2023-023 Page 6 of 9
FINDING: The County is not proposing to designate a Locally Significant Historic Resource. The
proposed amendments pertain to the composition of the Historic Landmarks Commission.
(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. As stated above, the existing proposal does not
include the designation of additional Locally Significant Historic Resources. The proposed
amendments pertain to the composition of the Historic Landmarks Commission.
(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 proposed amendments do not affect or address National Register Resources, which
are already addressed in DCC 2.28. The proposed amendments pertain to the composition of the
Historic Landmarks Commission.
(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 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
Exhibit B to Ordinance No. 2023-023 Page 7 of 9
FINDING: The proposed amendments do not affect or address National Register Resources, which
are already addressed in DCC 2.28. The proposed amendments pertain to the composition of the
Historic Landmarks Commission.
(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 do not affect or address National Register Resources, which
are already addressed in DCC 2.28. The proposed amendments pertain to the composition of the
Historic Landmarks Commission.
(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.
The proposed amendments pertain to the composition of the Historic Landmarks Commission.
(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 demolition or modification of a historic resource from
the resource list. The proposed amendments pertain to the composition of the Historic Landmarks
Commission.
DESCHUTES COUNTY COMPREHENSIVE PLAN
Chapter 2, Resource Management
Section 2.11, Cultural and Historic Resources
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 amendments do not alter the promotion of historic and cultural resource
preservation. The proposed amendments are consistent with Comprehensive Plan Policy 2.11.1.
Exhibit B to Ordinance No. 2023-023 Page 8 of 9
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 amendments do not alter the coordination of cultural and historic
preservation with the Oregon State Historic Preservation Office. The proposed text amendments
are consistent with Policy 2.11.2.
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.
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 proposed text amendments are not proposing any changes to County Code
regarding incentives or regulations concerning either the list of National Register sites, sites listed
on the Statewide Goal 5 historic and cultural inventory, or the procedures governing their
protection. The proposed amendments are consistent with Policy 2.11.3.
Exhibit B to Ordinance No. 2023-023 Page 9 of 9
wT E S Cp��
BOARD OF
E COMMISSIONERS
MEETING DATE: November 29, 2023
SUBJECT: Ordinance No. 2023-023 amending Deschutes County Code relating to the
composition of the Historic Landmarks Commission
RECOMMENDED MOTION:
Move to conduct first and second reading by title only and adoption by emergency of
Ordinance No. 2023-023.
BACKGROUND AND POLICY IMPLICATIONS:
This ordinance would amend Chapter 28 of Title 2 of Deschutes County Code to remove a
reference to the Deschutes County Pioneer Association in language concerning the
composition of the County's Historic Landmarks Commission. The Pioneer Association is no
longer a standalone not -for -profit Oregon entity, and as such the requirement that it be
specifically represented on the Historic Landmarks Commission is no longer applicable.
Originally, the amendments under consideration also included language that would allow
the Board to suspend the Historic Landmarks Commission when deemed necessary;
however, that portion of the amendments has been removed.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
•
COMMUNITYkl
MEMORANDUM
DATE: November 20, 2023
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
RE: Consideration of First and Second Reading: Historic Landmarks Commission
Amendments
On November 29, 2023, staff will present Ordinance No. 2023-023 to the Board of County
Commissioners (Board) for consideration of first and second reading (emergency adoption). The
Board of County Commissioners conducted a public hearing on November 1, 2023.1 35-day Post -
Acknowledgement Plan Amendment (PAPA) notice was provided to the Department of Land
Conservation and Development (DLCD) on September 27, 2023. A work session was held with the
Planning Commission on October 12, 2023.2 A work session was held with the Board of County
Commissioners on October 25, 2023.3
The primary purpose of the amendments is to remove a reference to the Deschutes County Pioneer
Association in language concerning the composition of the Historic Landmarks Commission. The
Deschutes County Pioneer Association is no longer a stand-alone not -for -profit Oregon entity and
as such the requirement to have specific representation is no longer applicable.
Originally, the amendments under consideration also included language that would allow the Board
to suspend the Historic Landmarks Commission when deemed necessary; however, that portion of
the amendments has been removed.
A. Historic Preservation and County Code
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
1 https•//www deschutes org/bcc/page/board-county-commissioners-meeting-138
2 https://www..deschutes.orgZbc-pc/page/planning-commission-41
3 https•//www deschutes org/bcc/page/board-county-commissioners-meeting-133
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
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 Historic Landmarks Commission and create a process to evaluate,
designate and regulate historic resources throughout the rural county. The resulting local inventory
of historical resources and National Register of Historic Places can be found in the County
Comprehensive Plan. Deschutes County Code (DCC) Chapter 2.28 - Historic Preservation and
Historic Landmarks Commission - provides procedures for protecting designated local and National
Register historic resources. Chapter 2.28 also provides the basis for the establishment and duties
of the Historic Landmarks Commission.
B. Adoption by Emergency
As noted above, Ordinance No. 2023-023 removes DCC 2.28(A)(5), which refers to the selection of a
commissioner representing the Deschutes County Pioneer Association. The Pioneer Association is
no longer a separate not -for -profit Oregon entity and as such this provision is no longer applicable.
During the public hearing, draft amendments were presented that provided an option for the Board
to suspend the Historic Landmarks Commission in times when participation on the Commission
was low. However, given the public input received, the Board directed staff to strike that portion of
the amendments and to initiate recruitment for the HLC once again. This recruitment is open until
December 1.
Emergency adoption of Ordinance No. 2023-023 allows for the recruitment process to be cleaner
by removing the outdated reference to the Pioneer Association prior to the selection of new
commissioners. Non -emergency adoption would result in a recruitment process that technically
would be obligated to fill a position from an organization that no longer exists in its original form.
C. Next Steps
As noted above, staff recommends that the Board vote on and adopt the ordinance by emergency,
with an immediate effective date. This proposed action requires a unanimous vote. Alternatively, if
the vote is not unanimous, the Board will hold first and second readings at least 14 days apart, and
then the ordinance will be effective 90 days after second reading.
Attachments:
Ordinance No. 2023-023 and Corresponding Exhibits
Exhibit A - DCC 2.28, Historic Preservation and Historic Landmarks Commission
Exhibit B - Findings
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