File #: PC 17-149    Version: 1 Name: LUBA Remand of the Historic Nomination
Type: Planning Item Status: Agenda Ready
File created: 11/27/2017 In control: City Commission
On agenda: 12/6/2017 Final action:
Title: Land Use Board of Appeals (LUBA) Remand of the Historic Nomination for the Community Cannery and Workshop Annex in the Upper Yard of the City's Public Works Operations Center
Sponsors: Laura Terway
Attachments: 1. Staff Report, 2. Draft Remand Findings, 3. LUBA Remand, 4. LUBA Record - Table of Contents 2017-052 and 2017-054, 5. LUBA Record 2017-052 and 2017-054, 6. November 15, 2017 City Commission Meeting -Public Comments
Title
Land Use Board of Appeals (LUBA) Remand of the Historic Nomination for the Community Cannery and Workshop Annex in the Upper Yard of the City's Public Works Operations Center

Body
RECOMMENDED ACTION (Motion):
Staff recommends the City Commission adopt the revised findings for the LUBA remand in MNA v. City of Oregon City, LUBA Nos. 2017-052/054 that answers the following questions:

• The City Commission is the proper decision-maker on this remand.

• Whether the City waived its right to refuse consent for historic designations under ORS 197.772(1) by delegating authority to designate resources to the HRB.
• Whether the City Manager had authority under the city charter to refuse to consent.
• Whether ORS 197.772(1) allows public entities to refuse to consent to a historic designation.

BACKGROUND:
In 2004, the City completed an historic inventory of the buildings located within the City’s Public Works Operations Center, including two buildings on the upper campus, then known as the Cannery and Warehouse buildings. The inventory concluded with a determination that these buildings were not eligible for designation on the National Register of Historic Places either because they “lacked distinction” or they had been “altered.” The 2004 inventory sheets indicate that the property on which these structures were located, the Public Works Operations Center complex, was owned by the City.

On March 2, 2017, MNA filed an application to designate the Cannery and Warehouse buildings as historic landmarks on the City’s local historic inventory. The application provides that these buildings were suitable for designation because of new information - their association with Camp Adair, a US Army World War II training facility, located near the City of Corvallis. The application states that these buildings are owned by the City of Oregon City.

Upon receiving the request, the City researched the eligibility of the structures and received communications from a Hist...

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