Oregon John A_ Kitzhaber, M.D., Governor Department of Land Conservation and Development 635 Capitol Street ME, Suite 150 ^ Salem, OR 97301-2540 (503) 373-0050 Director's Office Fax (503) 378-5518 Main Fax: (503) 37S-6G33 V/eb Address: http://wwwicd.stats.or.us NOTICE OF ADOPTED AMENDMENT January 13, 2012 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Angela Houck, Plan Amendment Program Specialist SUBJECT: Deschutes County Plan Amendment DLCD File Number 001-12 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Copies of the adopted plan amendment are available for review at DLCD offices in Salem, the applicable field office, and at the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT OR DEADLINE TO APPEAL: Friday, January 27, 2012 NOTE: This amendment was not submitted to DLCD for review prior to adoption because the jurisdiction determined that the statewide planning goals did not apply. Pursuant to OAR 660-18-060, the Director or any person is eligible to appeal this action to LUBA under ORS 197.830 to 197.845. If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE DATE SPECIFIED ABOVE. cc: Peter Gutowsky, Deschutes County Jon Jinings, D L C D Community Services Specialist Karen Swirsky, D L C D Regional Representative N Hg Jn person eleciriinic O mailed 1 2 DLCD 0 E P T 0 F !0K N o t i c e o f A d o p t i o n LA#D COwaeBVATlON — a n d d e v e l o p MEM THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PERORS 197.610, OAR CHAPTER 660-DIVISION 18 , ' 1 ) r l l i r i " ; s c < ) , , l y Jurisdiction: Deschutes County Local file number TA11-5 Date of Adoption: January 4, 2012 Electronic / Date Mailed: January 516 2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Date: No. • Comprehensive Plan Text Amendment Q Comprehensive Plan Map Amendment • Land Use Regulation Amendment Q Zoning Map Amendment • New Land Use Regulation 0 Other: Historical Preservation ar.J Historical Landmarks Commission Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." The Board of County Commissioners adopted amendments that 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. The reason for the amendment stems from the Cities of Redmond, Bend and La Pine establishing their own historical landmarks commissions. ORS 197.610(2), post-acknowledgment procedures were not initiated because the statewide planning goals do not apply to the legislative amendments. The amendments to Deschutes County Code, Chapter 2.28 just restructure the number of Historical Landmarks Commissioners. Does the Adoption differ from proposal? MIA Plan Map Changed from to: Zone Map Changed from to: Location: Acres Involved Specify Density: Previous New Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 • • • • • • • • • • • • • • • • • D O Was an Exception Adopted? • YES 21 NO Did DLCD receive a Notice of Proposed Amendment. 45-days prior to first evidentiary hearing? • Yes 0 No If no, do the statewide planning goals apply? • Yes 0 No If no, did Emergency Circumstances require immediate adoption? Q Yes 0 No n^iainaiNaHnimnMM DLCD file No. 001-12 (19133) T168881 Please list all affected State or Federal Agencies, Local Governments or Special Districts: Deschutes County, Oregon Department of Land Conservation and Development Local Contact: Peter Gutowsky Address 117 NW Lafayette City Bend Zip: 97701 Phone: (541)385-1709 Extension Fax Number: 541-385-17G4 E-mail Address: peterg@co.deschutes.or.us ADOPTION SUBMITTAL REQUIREMENTS T is form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610, OAR Chapter 660 - Division 18. 1. Send this Form and TWO Complete Copies ("documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPTTOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by m; 1 or n person, or by emailing larry.french@state.ar.us. 3 Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of th'S Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA maybe filed within twenty-one (21) days of the date, the Notice of Adoption is seni to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated i i the local hearing and requested noticc of the final decision. 7 Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/ Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to (503) 378-5518; or Email your request to larry.french@state.or.us - Attention: Plan Amendment Specialist. Updated March 17,2009 REVIEWED 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 strikcthrough. 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 J ^ > 2012 B O A R D OF COUNTY COMMISSIONERS OF DESCHUTES C O U N T Y , OREGON ATTEST: Recording Secretary Date of 1st Reading: day of Date of 2nd Reading: day o f A N T H O N Y DEBONE, Chair ALAN UNGER, Vice Chair Commissioner Tammy Baney Anthony De Bone Alan Unger Record of Adoption Vote: Yes N o Abstained Excused Effective date day of 2012. PAGE 2 OF 2 - ORDINANCE NO. 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 fteft- vetiftg-ex-officio members, who have demonstrated expertise in historic preservation related disciplines 1. The voting members must reside within the County.T 4-2. 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. a4. Upon recommendation of the association president, the Board shall appoint one of the four Commissioners to represent the Deschutes County Pioneer Association; to represent the City of Bend; 2-.—The Mayor of Redmond shall appoint one Commissioner to represent the City of Redmond; 55. The Mayor of Sisters shall appoint one Commissioner to represent the City of Sisters; and Upon recommendation of the respective association president, the Board shall appoint one County Pioneer Association; and 6. The ex-officio members shall be appointed by the Deschutes; County Board of County 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 "P". 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 ftme-five official voting members, there shall be an undetermined number of tiaison personsCommissioners to act ascalled ^ex officio members" to be called in as appropriate tew ho 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 1 OF 2 - EXHIBIT "A"" TO ORDINANCE 2012-001 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 eC it vies of Bend, La Pine, Redmond and-Sisters. }-.—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 22.4-224.035058 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) PAGE 2 OF 2 - EXHIBIT "A"- TO ORDINANCE 2012-001 Community Development Department Planning Div is ion Bui lding Safe ty Division Envi ronmenta l Heal th Division mzza-miimmwmmmmmmmmmt'ms^ -mm*. -mmm&si mm 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 Performed with Pride 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 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 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 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. No Changes 2 http://www.leq.state.or.us/ors/197.html 3 http://www. leg, state, or. us/ors/215. html Exhibit B to Ordinance 2012-001 Page 2 of 4 Table 1 - Cultural arid Historic Resource Policies (Section 2.11) Goal arid 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 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. No Changes 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 ofex-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 3 of 4 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 Warm Sphngs, 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 reviev/ all information 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 of 4 Community Development Department 117 NW Lafayette Avenue • Bend, Oregon 97701-1325 049J82052293 $00,465 01/06/2012 Mailed From 97701 US POSTAGE OfcPT OF m o 9 m CAF'HPisB S :**30 i