HomeMy WebLinkAboutOrdinance 003 - Historical Landmarks CommDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 14,2011
Please see directions for completing this document on the next page.
DATE: February 29, 2012.
FROM: Nick Lelack Community Development Department 385-1708
TITLE OF AGENDA ITEM:
A public hearing on and consideration of First and Second Readings, by Title Only, and Adoption by
Emergency of Ordinance No. 2012-003, amending Title 2.28, to to Clarify the Geographic Area
Representative of the Historic Preservation and Historical Landmarks Commission.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County Community Development Department initiated an amendment to Deschutes
County Code, DCC Chapter 2.28, Historical Preservation and Historical Landmarks Commission. The
reason for the amendment is to clarify the geographic area representative of the historic landmarks
commISSIOn
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Hold the public hearing.
Motion 1) first and second readings, by title only, of Ordinance No. 2012-003 and declaring an
emergency.
Motion 2) Adopt Ordinance 2012-003.
ATTENDANCE: Nick Lelack and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Nick Lelack, CDD.
III
R.EVIE'Y~ n ~l-IW
L GAL 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 Clarify the Geographic Area *
Representative of the Historic Preservation and * ORDINANCE NO. 2012-003
Historical Landmarks Commission, and Declaring an *
Emergency *
WHEREAS, The Deschutes County Community Development Department initiated the amendment of
the Deschutes County Code ("DCC") Chapter 2.28, Historical Preservation and Historical Landmarks
Commission to clarify the geographic area representative of the Historical Landmarks Commission; and
WHEREAS, the Deschutes County Planning Commission held a work session on February 23, 2012
and, on that same date, forwarded to the Deschutes County Board of Commissioners ("Board") a
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on March 14,2012 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.
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by
reference herein.
PAGE I OF 2 -ORDINANCE NO. 2012-003
--------
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of ,2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
l
J
ALAN UNGER, Vice Chair
ATTEST:
~
Recording Secretary
Date of 1st Reading:
Date of 2nd Reading:
Commissioner
Tammy Baney
TAMMY BANEY, Commissioner
__dayof ___ ,2012.
__day _____, 2012.
Record of Adoption Vote:
Yes No Abstained Excused
Anthony De Bone
Alan Unger
Effective date: __day of _____, 2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-003 I
"****,, Denotes portions of the code not amended by Ordinance 2012-003.
Chapter 2.28. HISTORIC:t\:L PRESERVATION AND HISTORIC:t\:L LANDMARKS
COMMISSION
****
2.28.020. Definitions.
****
"Landmarks Commission" means the Deschutes County Historical Landmarks Commission.
****
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 .
.1. The Mayor of Sisters may appoint one Commissioner to represent the City of Sisters or delegate it
to Deschutes County.
~.The Board of COURty CommissioRers shall appoint at least four Landmark~ Commissioners"-Hom
the uniRoorporateEi area onhe COURty~
5. Upon recommendation of the Deschutes County PioneerAssociation, 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])eschutes County, the Board shall appoint a
fifth Landmarks Commissioner.
4. U)30R reeommeReatioR of the assoeiatioR )3resideRt, the Boare shall ap)3oiHt one of the IDur
CommissioRers to re)3reseRt the Desehutes County PioReer AssoeiatioR.
5. The Mayor of Sisters shall appoint ORe Commissioner to represent the City of Sisters; £lAd
51. 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, Bums Paiute Tribe,
and Klamath Tribes.
PAGE 1 OF 2 EXHIBIT "A" TO ORDINANCE 2012-003
I
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 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.
J. 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.
K. 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.
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.
M. 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.
N. The commission may recommend to the Board or the State Legislature any changes of law which it
finds appropriate.
O. Current List of Historic and Cultural Resources.
I. 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.
P. 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.
Q. The commission shall have authority to take such steps as it finds appropriate or necessary to make
available to the public infonnation concerning its activities and various districts, buildings and/or
structures and sites to be designated pursuant to DCC 2.28.
R. The Landmarks Commission shall perfonn such other duties relating to historical matters as the Board
of County Commissioners may request.
S. Commissioners shall serve without compensation.
(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)
PAGE 2 OF 2 -EXHIBIT "A" TO ORDINANCE 2012-003
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FINDINGS
The Deschutes County Planning Commision held a work session on February 23, 2012
on Ordinance 2012-003 to discuss legislative amendments to Deschutes County Code
(DCC) Chapter 2.28, Historic Preservaton and Historical Landmarks Commission.
The first evidentiary hearin~ with the Deschutes County Board of Commissioners
occurred on March 14, 2012.
BACKGROUND
The Community Development Department initiated a program to amend DCC Chapter
2.28, Historical Preservation and Historical Landmarks Commission (HLC). The reason
for the amendment is to clarify the geographic area representative of the historic
landmarks commission and correct a typo. The HLC directed staff to correct the typo at
their January 19, 2012 work session.
PROPOSED PLAN AMENDMENT '
Staff proposes an amendment that further clarifies DCC Chapter 2.28. The proposed
amendment is described in the attached exhibits. Deleted language is shown as
strikethrough.
REVIEW CRITERIA
Ordinance 2012-003 is proposed for adoption. The reason for the amendment is to
clarify the geographic area representative of the historic landmarks commission and
correct a typo.
FINDINGS
1. State Notification Requirements
• ORS 197.610(2),2 Post-acknowledgment procedures, was not initiated because as
demonstrated below, the statewide planning goals do not apply to the legislative
1 A public notice was published in the Bulletin on March 3, 2012.
Exhibit B to Ordinance 2012-003 Page 1 of3
Qutllity Services Performeli with Pride
amendments. The amendments to DCC Chapter 2.28 just clarify the geographic
area representative of the historic landmarks commission and correct a typo.
• 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 an amendment that clarifies the geographic area representative of the
historic landmarks commission and corrects a typo.
Table 1 -Cultural and Historic Resource Policies (Section 2.11)
Goal and Policies Amendments
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 No Changes
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.
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.
2 http://www.leg.state.or.us/ors/197.html
3 http://www.leg.state.or.us/ors/215.html
Exhibit B to Ordinance 2012-003 Page 2 of 3
Table 1 -Cultural and Historic Resource Policies (Section 2.11)
Goal and Policies Amendments
Policy 2.11.4 Goal 5 historic inventories, ESEEs and
No Changes programs are retained and not repealed, except for the
amendment noted in Ordinance 2011-003.
3. Ordinance 2012-003/ DCC Chapter 2.28 Amendments
Ordinance 2012-003 amends DCC Chapter 2.28, Historic Preservation and Historical
Landmarks Commission. The amendment clarifies the geographic area representative
of the historic landmarks commission and corrects a typo. The text amendments are
shown below:
Chapter 2.28. HISTORICAb PRESERVATION AND HISTORICAb LANDMARKS
COMMISSION
2.28.020. Definitions.
"Landmarks Commission" means the Deschutes County Historical Landmarks
Commission.
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.
3:c4. The Board of County Commissioners shall appoint at least four Landmark§.
Commissioners from the ooincoFporated m:ea of the County:.
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.
4. Upon recommendation of the aS60oiation president, the Board shall appoint one of
the four Commissioners to represent the Desohutes County PioneerAssooiation.
5. The Mayor of Sisters shall appoint one Commissioner to represent the City of
Sisters; and
eZ The ex-officio members shall be appointed by the Board.
Exhibit B to Ordinance 2012-003 Page 30t 3
