Order No. 2007-0008

 

 

1.         The building at 809 East First Street was given an historic landmark designation in 1991 pursuant to Ordinance No. 91-229.

 

2.        Robert F. Hurford (Owner) is owner of the building and has been in continuous ownership of the building since the 1970’s.

 

3.         ORS 192.772 allowed property owners to remove the historic designation if “imposed” on the property.

 

4.                  The owner has requested that the historic designation be removed from the property. The owner met with the City staff and presented his request that the designation be removed and/or that the property did not warrant the designation.

 

5.                  The City staff responded by letter on August 17, 2007. The City staff concluded that the building does have historic significance and that it is important to the downtown area of Newberg.

 

6.                  The owner has not raised any Measure 37 claim, however due to the continuous ownership of the building and the fact that the regulation (historic designation) was imposed in 1991, there is a potential for a Measure 37 claim which the City wishes to resolve.

 

7.                  City staff and the Owner have met and discussed an agreement that would serve the purposes of both parties. The agreement is attached as Exhibit “A.”

 

8.         The City held a hearing on October 1, 2007, to consider adoption of the agreement which would affect the historical overlay zone as applied to this building.

  

 

1.                  After hearing testimony and receiving the recommendation of the City staff, the City Council adopts the agreement which is attached as Exhibit “A” to this Order and by adoption authorizes the changes in process for the historic overlay zone code provisions as they apply to the building located at 809 East First Street, Newberg, OR.

 

2.                  The city manager is delegated and authorized to execute the agreement on behalf of the City and further to negotiate, amend, or revise provisions of the agreement before initial execution that are necessary and advisable to enact the intent of the agreement. The agreement will be approved as to form and content by the city attorney.

 

3.                  The Council makes the following findings of fact pursuant to adoption of this Agreement:

a.   All the recitals are adopted as findings of fact.

 

b.   It serves the purpose of the City and the purpose of the historic overlay zone to preserve for the community as much as possible the historic nature of the building located at 809 East First Street.

 

c.   The property owner could request the historic designation to be removed and might be able to require the City to remove the designation.

 

d.   This agreement provides for continuing protection of the historic nature of the building and meets the owner’s desires for an efficient process.

 

e.   The owner has not asserted a Measure 37 claim, and the City does not admit that the owner has a valid Measure 37 claim. However, the potential for a Measure 37 claim does exist and by the terms of the agreement that claim is waived.

 

f.    The agreement is in the best interest of the City in order to maintain the intent of having the historic overlay designation remain on the property and would best serve the interest of the public in maintaining the landmark.

 

Adopted by the City Council of the City of Newberg, Oregon, this  1^st  day of October, 2007.