HomeMy WebLinkAboutOrdinance 001 - Historical Landmarks CommissionDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 4, 2012
Please see directions for completing this document on the next page.
DATE: December 20, 2011.
FROM: Peter Gutowsky Community Development Department 385-1709
TITLE OF AGENDA ITEM:
Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2012-001, amending
Title 2.28, to Change the Composition of the Deschutes County Historical Landmarks Commission.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Initiated by Deschutes County, the proposal amends the Deschutes County Code, DCC Chapter 2.28,
Historical Preservation and Historical Landmarks Commission. The amendments restructure the
number of appointed Historical Landmarks Commissioners from nine to five and grant the Board the
authority to make four of those appointments. The City of Sisters would appoint the fifth.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motions: Second reading by Title only of Ordinance No. 2012-001; Adoption of Ordinance.
ATTENDANCE: Peter Gutowsky and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Peter Gutowsky, CDD.
/II
REVIEWED
;iL
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 2.28 of the Deschutes *
County Code, to Change the Composition of the * ORDINANCE NO. 2012-001
Deschutes County Historical Landmarks Commission *
WHEREAS, at the request of the Deschutes County Board of Commissioners ("Board"), the
Community Development Department initiated the amendment of the Deschutes County Code ("DCC") Chapter
2.28, Historical Preservation and Historical Landmarks Commission to remove the cities of Bend and Redmond
from representation on the Historical Landmarks Commission and to add the City of La Pine; and
WHEREAS, the Deschutes County Historical Landmarks Commission held a work session on October
20,2011 and, on that same date forwarded a recommendation to the "Board" for the first evidentiary hearing on
December 19,2011; and
WHEREAS, the Deschutes County Planning Commission held a work session on November 10,2011
and, on that same date, forwarded to the "Board" a recommendation of approval; and
WHEREAS, the "Board" considered this matter after a duly noticed public hearing on December 19,
2011 and concluded that the public will benefit from changes to "DCC" Chapter 2.28; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 2.28 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
strikethrough.
PAGE 1 OF 2 -ORDINANCE NO. 2012-001
---------------
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by
reference herein.
Dated this of , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
[
ANTHONY De BONE, Vice Chair tATTEST: t
i
Recording Secretary ALAN UNGER, Commissioner IDate of 1st Reading: __day _____,2011. l
Date of 2nd Reading: __day of _________, 2012.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony De Bone
Alan Unger
Effective date: __day 2012.------,
PAGE 2 OF 2 -ORDINANCE NO. 2012-001
PAGE 1 OF 2 – EXHIBIT “A” TO ORDINANCE 2012-001
“****” Denotes portions of the code not amended by Ordinance 2012-001.
Chapter 2.28. HISTORICAL PRESERVATION AND HISTORICAL LANDMARKS
COMMISSION
****
2.28.040. Administration.
****
2.28.040. Administration.
A. The Landmarks Commission is composed of nine five voting and an undetermined number of non-
voting ex-officio members. who have demonstrated expertise in historic preservation related disciplines
1. The voting members must reside within the County.:
12. The membership of the Landmarks Commission shall, to the extent possible, be representative of
the various geographic areas of the County.
3. The Board of County Commissioners shall appoint four Landmark Commissioners from the
unincorporated area of the County.
a4. Upon recommendation of the association president, the Board shall appoint one of the four
Commissioners to represent the Deschutes County Pioneer Association;
1. The Mayor of Bend, with the advice and consent of City Council, shall appoint four Commissioners
to represent the City of Bend;
2. The Mayor of Redmond shall appoint one Commissioner to represent the City of Redmond;
35. The Mayor of Sisters shall appoint one Commissioner to represent the City of Sisters; and
4. The Board shall appoint one Commissioner to represent the unincorporated portion of the county.
5. Upon recommendation of the respective association president, the Board shall appoint one
Commissioner to represent the Historical Society and one Commissioner to represent the Deschutes
County Pioneer Association; and
6. The ex-officio members shall be appointed by the Deschutes County Board of County
Commissioners.
B. Landmarks Commissioners: shall be qualified in accordance with the guidelines as describedfined in
the National Parks Service’s Certified Local Government Program requirements (Appendix “D”,
Section 2). Appendix “D”, by this reference, is incorporated hereinTo 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 nine five official voting members, there shall be an undetermined number of
liaison personsCommissioners to act ascalled “ex officio members” to be called in as appropriate
towho will act in an 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,
PAGE 2 OF 2 – EXHIBIT “A” TO ORDINANCE 2012-001
and 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, vice-chairperson and
secretary, 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 establish and adopt its own rules of procedure. 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 Boardwhen appropriate.
I. The Landmarks Commission shall serve as a hearings body for matters concerning historic and cultural
resources within the County and the cCityies of Bend, La Pine, Redmond and Sisters.
J. The commission may adopt such procedural rules and regulations as it finds necessary or appropriate to
carry out DCC 2.28. Such rules and regulations shall be approved by the Board.
KJ. The commission may act upon requests by any citizen, by owners of buildings or sites or on its own
motion concerning the designation of particular districts, buildings and/or structures or sites.
LK. The commission shall have authority to inspect or investigate any district, building and/or structure 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.
ML. The commission shall review all information which it has and shall hold hearings as prescribed in
DCC 22.1224.025028 through 22.24.160.
NM. The commission shall have authority to coordinate historical preservation programs of the county,
state and federal governments, as they relate to property within the County.
ON. The commission may recommend to the Board or the State Legislature any changes of law which it
finds appropriate.
PO. Current List of Historic and Cultural Resources.
1. The commission shall compile and maintain a current list of all historical and cultural resources, 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 sites is subject to
appropriate state and federal laws.
QP. The commission shall notify all property owners of sites recommended for designation of such
recommendation. The site 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 historic or cultural resource.
RQ. The 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 districts, buildings and/or
structures and sites to be designated pursuant to DCC 2.28.
SR. The Landmarks Commission shall perform such other duties relating to historical matters as the Board
of County Commissioners may request.
TS. Commissioners shall serve without compensation.
(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)
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FINDINGS
The Deschutes County Historical Landmarks Commission (HLC) held a work session on
October 20, 2011 on Ordinance 2012-001 to discuss legislative amendments to
Deschutes County Code (DCC) Chapter 2.28, Historic Preservaton and Historical
Landmarks Commission. The Deschutes County Planning Commission held a
subsequent work session on November 10, 2011.
The first evidentiary hearing with the Deschutes County Board of Commissioners
occurred on December 19, 2011.1
BACKGROUND
At the request of the Deschutes County Board of Commissioners (Board), the
Community Development Department initiated a program to amend DCC Chapter 2,28,
Historical Preservation and Historical Landmarks Commission. The reason for the
amendment stems from the Cities of Redmond, Bend and 'La Pine establishing their
own historical landmarks commissions.
PROPOSED PLAN AMENDMENT
Staff proposes amendments that further clarify DCC Chapter 2.28. The proposed
amendments are described in the attached exhibits. Deleted language is shown as
strikethrough.
REVIEW CRITERIA
Ordinance 2012-001 is proposed for adoption. The amendments restructure the number
of appointed Historical Landmarks Commissioners from nine to five and grant the Board
the authority to make four of those appointments. The City of Sisters would appoint the
fifth. Nonetheless, because this is a Deschutes County initiated amendment, the County
bears the responsibility for justifying that the amendments are consistent with relevant
Oregon Revised Statutes (ORS, and the Deschutes County Comprehensive Plan.
1 A public notice was published in the Bulletin on December 9,2011.
Exhibit B to Ordinance 2012-001 Page 1 of 4
Quality Services Perfonned with Pride
FINDINGS
1. State Notification Requirements
• ORS 197.610(2)1 2 Post-acknowledgment procedures, was not initiated because as
demonstrated below, the statewide planning goals do not apply to the legislative
amendments. The amendments to DCC Chapter 2.28 just restructure the number of
appointed Historical Landmarks Commissioners from nine to five and grant the
Board with the authority to make four of those appointments. The City of Sisters
would appoint the fifth.
• ORS 215.503,3 Notice to property owners, was not initiated because the
amendments to DCC Chapter 2.28 do not loosen or tighten restriction beyond what
exists today.
2. Consistency with Deschutes County Comprehensive Plan
Staff proposes amendments that restructure the number of appointed Historical
Landmarks Commissioners from nine to five and grant the Board with the authority to
make four of those appointments. The City of Sisters will appoint the fifth.
Table 1 -Cultural and Historic Resource Policies (Section 2.11)
Goal and Policies
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.
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.
2 http://www.leg.state.or.us/ors/197.html
3 http://www.leg.state.or.us/ors/215.html
Amendments
No Changes
Exhibit B to Ordinance 2012-001 Page 2 of4
Table 1 -Cultural and Historic Resource Policies (Section 2.11)
Goal and Policies Amendments
Policy 2. 11.3 Encourage the preservation
significant historic or cultural resources.
of lands with
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
No Changes
inventory.
Policy 2.11.4 Goal 5 historic inventories, ESEEs and
programs are retained and not repealed, except for the
amendment noted in Ordinance 2011-003.
Although Policy 2.11.1 recognizes the HLC as the lead entity to promote historic and
cultural resource preservation, the cities of Bend, Redmond, and La Pine are forming
their own because they determined that their historic preservations issues are unique
within their own boundaries. Additionally, more state funding for the preservation of
historical landmarks and archeological sites may be possible if the three cities each
form their own Certified Local Government Organization under the state historic
preservation laws. As a result, while the break-off of those three cities does not meet
with the policy of having one commission for all jurisdictions within the county, it does
meet the policy (Policy 2.11.3) of encouraging greater preservation of historic and
cultural sites. Therefore, the restructuring of the County's commission is in compliance
with County's Comprehensive Plan.
3. Ordinance 2012-001 I DCC Chapter 2.28 Amendments
Ordinance 2012-001 amends DCC Chapter 2.28, Historic Preservation and Historical
Landmarks Commission. The amendments restructure the number of appointed
Historical Landmarks Commissioners from nine to five and grant the Board with the
authority to make four of those appointments. The City of Sisters will appoint the fifth.
The text amendments are summarized below:
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 Board of County Commissioners shall appoint four Landmark Commissioners
from the unincorporated area of the County.
Exhibit B to Ordinance 2012-001 Page 30f4
4. Upon recommendation of the association president, the Board shall appoint one of
the four Commissioners to represent the Deschutes County Pioneer Association;
5. The Mayor of Sisters shall appoint one Commissioner to represent the City of
Sisters; and
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.
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 Wann Springs, Bums Paiute Tribe, and Klamath Tribes.
E. The officers of the Landmarks Commission shall consist of a chairperson, vice
chairperson and secretary, each elected by a majority vote of the Commission.
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
historic and cultural resources within the County and the City of Sisters.
L. The commission shall review all infonnation which it has and shall hold hearings as
prescribed in DCC 22.24.050 through 22.24.160.
Exhibit B to Ordinance 2012-001 Page 4 of4