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Home My WebLink AboutCAP 2014-02-11 Item 2B - Ordinance - Historic Landmark UpdateCity of Tukwila T(]: Jim Haggerton, Mayor INFORMATIONAL U��U��U� nn�o ��n`�n�n�snn��n��~ x�x�~n�n��x��n��n�n Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director BY: Brandon Miles, Senior Planner DATE: February 3, 2014 SUBJECT: Protection and Preservation of Landmarks in the City of Tukwila ISSUE Should the City expand properties eligible for Tukwila Landmark designation from only city owned sites to any site where the property owner supports the designation? BACKGROUND On November 11,2012, the City Council adopted City Council Ordinance No. 2384, which adopted regulations regarding the protection and preservation of historic landmarks in the City. As the Committee may recall, the Ordinance was supported by the Tukwila Historical Society, which hoped to secure funding from 4Culture to complete work to Old City Hall. Old City Hall would need to be deemed a Tukwila Landmark in order to quality for potential funding. When the Council considered Ordinance 2384 there was concern that private property could be forced to participate in a landmark designation without the consent of the property owner. To address this issue the Ordinance was drafted to only apply to City owned property. Thus, non- city owned property cannot be deemed a Tukwila Landmark and thus would be ineligible for funding from 4Culture. City staff has been working with the Masonic Lodge located at 13034 41st Ave South. The brick on the |Vdge, which was built in 1920S. needs to be replaced. Lacking funding to fix the existing brick exterior the Masons have proposed to install hardieplank as the exterior siding. While this would likely be permitted under the City design review standards, both the City and Masons recognized that the use of hardieplank is detrimental to the historical character of the structure. In January, the City convened a meeting with the Mmoono. State of Washington, and King County to brainstorm options for preserving the character of the building's exterior. The State and King County have identified some possible funding options for the Masons; however, in order to possibly qualify for the funding the site must be designated as a Tukwila Landmark. As discussed above, the site cannot qualify as a Tukwila Landmark because the site is not owned by the City. DISCUSSION Staff is proposing a change to the Ordinance which would remove the requirement that a site be owned by the City in order to be considered a Tukwila Landmark. Written permission from the property owner would be requinad, thus this would prevent a landmark designation from being made in the event that a property owner objected the designation. This change would allow the Masons to qualify for the desi nation and would also allow the Nelson House to possibility seek designation by the City as a Tukwila Landmark. 6 INFORMATIONAL MEMO Page 2 On November 5, 2012, the City Council also authorized the Mayor to sign an interlocal agreement (ILA) with King County for historical preservation services. City staff does not have the expertise to administer such a program. The ILA was transmitted to King County in January of 2013. In November of 2013 a copy of the ILA was provided back to the City, with changes made by the King County Council. These changes were made without consulting City Administration, The proposed changes would require that the City Council review and reauthorize the Mayor to sign the ILA. Staff is working with King County to hopefully revert back to the agreement that was reviewed by the City Council in December of 2012. One issue with the language proposed by King County is that it limits King County historical preservation work on properties owned by the City. This presents issues with staff's current proposal to allow non- city owned properties to qualify for Landmark status. FINANCIAL IMPACT None. RECOMMENDATION Refer to the draft Ordinance to the February 24, 2014 Committee of the Whole meeting. The Ordinance is scheduled to go to the Regular Council for possible action on March 3, 2014. If changes are made to the ILA, staff will bring those back to the Committee as quickly as possible. ATTACHMENTS Draft Ordinance W:12014 Info Memos-CouncillHistoricPreservation.doc RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2384 §3, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.60.020, TO REVISE REQUIREMENTS FOR DESIGNATION OF LANDMARKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 5, 2012, the Tukwila City Council adopted Ordinance No. 2384, which established the City's regulations regarding the protection and preservation of landmarks within the City; and WHEREAS, under Ordinance No. 2384 only City -owned properties are eligible for landmark status; and WHEREAS, the City would like to expand the types of properties eligible for landmark status, provided a property owner consents to the landmark designation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.60.020, "Landmark Commission," Amended. Ordinance No. 2384 §3, as codified at Tukwila Municipal Code Section 16.60.020, is hereby amended to read as follows: 16.60.020 Landmark Commission A. The King County Landmark Commission established pursuant to King County Code (K.C.C.) Chapter 20.62 is hereby designated and empowered to act as the Landmark Commission for the City pursuant to the provisions of this chapter. W: Word Processing \Ordinances \Historic Preserv- expand landmark status strike -thru 1 -30 -14 BM:bjs Page 1 of 3 7 B. The Commission shall have the authority to review nominations and designate any real property within owned by the City of Tukwila as a landmark and to issue a Certificate of Appropriateness for any property that has been designated as a landmark, provided the property owner(s) has provided written consent to the landmark designation. Tukwila. C. The special member of the King County Landmark Commission provided for in K.C.C. Section 20.62.030 shall be appointed by the Mayor of the City of Tukwila, subject to confirmation by the City Council. Such special member shall be a Tukwila resident who has a demonstrated interest in historic preservation. Such appointment shall be made for a three -year term. In the event that the special member cannot attend a required meeting, the chair of the Planning Commission or Vice -Chair may serve as an alternate Commission member. D. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. E. The Commission shall not conduct any public hearings required under this chapter with respect to properties located within the City of Tukwila until the Commission's rules and regulations, including procedures consistent with this chapter, have been filed with the Tukwila City Clerk. All meetings of the Commission shall be open to the public. All public hearings to consider a landmark designation within the City of Tukwila shall be held within the City of Tukwila. F. The Commission shall file its rules and regulations, including procedures consistent with this ordinance, with the Tukwila City Clerk. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing \Ordinances \Historic Preserv- expand landmark status strike -thru 1 -30 -14 BM:bjs 8 Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Historic Preserv- expand landmark status strike -thru 1 -30 -14 BM:bjs Page 3 of 3 9