HomeMy WebLinkAboutCAP 2012-10-08 Item 2A.2 - Ordinance - Historic PreservationCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Director
BY: Nora Gierloff, Deputy Director
Brandon Miles, Senior Planner
DATE: September 28, 2012
SUBJECT: Ordinance Regarding Historic Preservation
ISSUE
Should the City adopt an Ordinance regarding the preservation of Historic Landmarks in the
City?
BACKGROUND
The City Council has been briefed about entering into an Interlocal Agreement (ILA) with King
County to provide historic preservation services in the City. One of the requirements of the ILA
is for the City to adopt an Ordinance related to historic preservation.
The attached Ordinance will adopt a new Chapter to Title 16. The new chapter will specify the
process, criteria, and method for designating CITY OWNED properties as historic landmarks.
The chapter does not impact properties that are not owned by the City. In the future, the City
Council could consider expanding the Chapter to non -City owned properties.
The draft Ordinance is modeled after King County's Code and in fact, where possible, the
Ordinance adopts by reference portions of King County's Code. Modeling after King County's
Code is being done due to the fact that the City is considering entering into an ILA with the
County.
The following are the major elements of the proposed Ordinance:
1. King County's Landmark and Heritage Commission shall serve as the Landmark
Commission for the City. The City will have one special member who serves on the
Commission. The special member only serves on the Commission when the
Commission reviews a nomination or project within the City. As outlined in the proposed
Ordinance, the special member will be appointed by the Mayor, subject to confirmation
by the City Council. The Commission only has the authority to designate City owned
properties as landmarks, and only after the City Council has permitted the nomination
process to proceed.
2. Various King County Code requirements are cited by reference; however, some changes
have been made.
3. Language was added to make any nomination process cost neutral to the City.
4. Any decision by the Landmark Commission is appealable to the City Council via a
closed record appeal.
5. Once a building or site is granted landmark status, a Certificate of Appropriateness must
be issued by King County for any alternations to the building or site. The Certificate of
Appropriateness will ensure that the proposed work does not significantly alter the
historical character of the structure or site. The applicant would be required to reimburse
9
INFORMATIONAL MEMO
Page 2
the City for any costs incurred by the City and the County in review of the Certificate of
Appropriateness.
DISCUSSION
Adoption of the proposed Ordinance is consistent with the City's Comprehensive Plan. When
the City's Comprehensive Plan was drafted in 1995 one of the guiding visions of the Plan was
"respect for the past and present (7)." The Comprehensive plan goes on to state, "We seek to
protect our shoreline, sensitive areas, and other natural amenities, and our historical landmarks
(8)." The proposed Ordinance will provide a tool to the City to protect existing landmark sites
within the City. While the Ordinance currently only applies to City owned properties, in the
future the City can examine if the Ordinance should be expanded to non -City owned properties.
FINANCIAL IMPACT
None, provided a third party pays all fees for historic preservation services to King County.
RECOMMENDATION
Staff recommends approval of the draft Ordinance and that the draft Ordinance be forwarded to
the October 22, 2012 Committee of the Whole meeting for discussion. Staff will bring the
Ordinance back to the Regular Council once King County has approved the ILA. At the time of
adoption, staff will also hope to have a nominee in place to serve on the Commission.
ATTACHMENTS
Draft Ordinance.
King County Code Sections to be adopted by reference.
Minutes of the June 25, 2012 CAP Meeting.
10 ZADCD n Clerk's\Brandon\Historical Presevation Ord\Ord\Ord. Memo.doc
A ItZ M-1 I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS
TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.60
RELATING TO THE PROTECTION AND PRESERVATION OF
LANDMARKS; ESTABLISHING PROCEDURES FOR DESIGNATION
AND PROTECTION OF LANDMARKS; PROVIDING FOR APPEALS
OF THE LANDMARKS COMMISSION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, historic preservation fosters civic pride in the beauty and
accomplishments of the past and improves the economic vitality of our communities;
and
WHEREAS, the City of Tukwila desires to designate, protect, and enhance those
sites, buildings, districts, structures and objects that reflect significant elements of its
cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological,
engineering, and other history, and
WHEREAS, the current provisions of the Tukwila Municipal Code do not adequately
provide for the designation, protection, and enhancement of landmarks; and
WHEREAS, King County is able to provide landmark designation and protection
services to the City of Tukwila, and
WHEREAS, the City has elected to contract with King County to provide such
services; and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide
efficient and cost effective landmark designation and protection;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter
16.60, "Historic Preservation," is hereby established to read as follows:
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs Page 1 of 7
11
CHAPTER 16.60
HISTORIC PRESERVATION
Sections:
16.60.010 Definitions
16.60.020 Landmark Commission
16.60.030 Incorporation of King County Provisions
16.60.040 Historic Resources Review Process
16.60.050 Redesignation of Existing Landmarks
Section 2. TMC Section 16.60.010 is hereby established to read as follows:
16.60.010 Definitions
The following words and terms shall, when used in this chapter, be defined as follows
unless a different meaning clearly appears from the context. The definitions provided
below shall be used in administering this chapter and supersede any definitions found
elsewhere in Title 16. These definitions shall have no meaning or relevance outside of
TMC Chapter 16.60.
1. "Alteration" is any construction, demolition, removal, modification, excavation,
restoration or remodeling of a landmark.
2. "Building" is a structure created to shelter any form of human activity, such as a
house, barn, church, hotel or similar structure. Building may refer to a historically
related complex, such as a courthouse and jail or a house and barn.
3. "Certificate of appropriateness" is written authorization issued by the
Commission or its designee permitting an alteration to a significant feature of a
designated landmark.
4. "Commission" is the Landmark Commission created by this chapter.
5. "Community landmark" is a historic resource that has been designated
pursuant to TMC Chapter 16.60 but which may be altered or changed without
application for or approval of a Certificate of Appropriateness.
6. "Designation" is the act of the Commission determining that a historic resource
meets the criteria established by this chapter.
7. "Designation report" is a report issued by the Commission after a public hearing
setting forth its determination to designate a landmark and specifying the significant
feature or features thereof.
8. "Director" is the director of the City of Tukwila Department of Community
Development or his or her designee.
9. "District" is a geographically definable area, urban or rural, possessing a
significant concentration, linkage, or continuity of sites, buildings, structures, or objects
united by past events or aesthetically by plan or physical development. A district may
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs Page 2 of 7
12
also comprise individual elements separated geographically but linked by association or
history.
10. "Heritage" is a discipline relating to historic preservation and archaeology,
history, ethnic history, traditional cultures and folklore.
11. "Historic preservation officer" is the King County Historic Preservation Officer or
his or her designee.
12. "Historic resource" is a district, site, building, structure or object significant in
national, state or local history, architecture, archaeology, and culture.
13. "Historic resource inventory" is an organized compilation of information on
historic resources considered to be significant according to the criteria listed in TMC
Section 16.60.030 (B). The Historic Resource Inventory is kept on file by the Historic
Preservation Officer and is updated from time to time to include newly eligible resources
and to reflect changes to resources.
14. "Incentives" are such compensation, rights or privileges or combination thereof,
which the City Council or other local, state or federal public body or agency, by virtue of
applicable present or future legislation, may be authorized to grant to or obtain for the
owner or owners of designated landmarks. Examples of economic incentives include
but are not limited to tax relief, conditional use permits, rezoning, street vacation,
planned unit development, transfer of development rights, facade easements, gifts,
preferential leasing policies, private or public grants -in -aid, beneficial placement of
public improvements, or amenities, or the like.
15. "Interested person of record" is any individual, corporation, partnership or
association that notifies the Commission or the City Council in writing of its interest in
any matter before the Commission.
16. "Landmark" is a historic resource designated as a landmark pursuant to TMC
Chapter 16.60.
17. "Nomination" is a proposal that a historic resource be designated a landmark.
18. "Object" is a material thing of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable yet related to a specific
setting or environment.
19. "Owner" is a person having a fee simple interest, a substantial beneficial
interest of record or a substantial beneficial interest known to the Commission in a
historic resource. Where the owner is a public agency or government, that agency shall
specify the person or persons to receive notices under this chapter.
20. "Person" is any individual, partnership, corporation, group or association.
21. "Person in charge" is the person or persons in possession of a landmark
including, but not limited to, a mortgagee or vendee in possession, an assignee of rents,
a receiver, executor, trustee, lessee, tenant, agent, or any other person directly or
indirectly in control of the landmark.
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs Page 3 of 7
13
22. "Preliminary determination" is a decision of the Commission determining that a
historic resource that has been nominated for designation is of significant value and is
likely to satisfy the criteria for designation.
23. "Significant feature" is any element of a landmark the Commission has
designated pursuant to this chapter as of importance to the historic, architectural or
archaeological value of the landmark.
24. "Site" is the location of a significant event, a prehistoric or historic occupation or
activity, or a building or structure, whether standing, ruined, or vanished, where the
location itself maintains a historical or archaeological value regardless of the value of
any existing structures.
25. "Structure" is any functional construction made usually for purposes other than
creating human shelter.
26. "City Council" or "Council" shall refer to the City Council of the City of Tukwila.
Section 3. TMC Section 16.60.020 is hereby established 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.
B. The Commission shall have the authority to review nominations and designate
any real property 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. The
Commission shall have no authority to review nominations or designate any landmarks
within the City of Tukwila that are not owned by the City of 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
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs Page 4 of 7
'n
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 4. TMC Section 16.60.030 is hereby established to read as follows:
16.60.030 Incorporation of King County Provisions
The following sections of King County Code (K.C.C.) Chapter 20.62 are hereby
adopted and are incorporated by reference herein and made a part of this chapter the
same as though they were set forth herein:
A. K.C.C. Section 20.62.030 "Landmark Commission created membership and
organization."
B. K.C.C. Section 20.62.040 "Designation criteria," except Paragraph A is
amended to read as follows:
Real property owned by the City of Tukwila may be designated as a City of Tukwila
landmark if it is more than 40 years old or, in the case of a landmark district, contains
resources that are more than 40 years old, and possesses integrity of location, design,
setting, materials, workmanship, feeling and association, and:
1. Is associated with events that have made a significant contribution to the
broad patterns of national, state or local history, or
2. Is associated with the lives of persons significant in national, state or local
history; or
3. Embodies the distinctive characteristics of a type, period, style or method of
design or construction, or that represents a significant and distinguishable entity whose
components may lack individual distinction; or
4. Has yielded, or may be likely to yield, information important in prehistory or
history; or
5. Is an outstanding work of a designer or builder who has made a substantial
contribution to the art.
C. K.C.C. Section 20.62.050 "Nomination procedure," except paragraphs E and
F are added to read as follows:
E. The Tukwila City Council shall first issue a Notice to Proceed before any
property owned by the City of Tukwila is considered by the Historic Preservation Officer.
The Notice to Proceed shall be a discretionary, legislative act, with no appeal rights. A
Notice to Proceed may be approved by the City Council via a resolution or motion. No
public hearing is required when considering a Notice to Proceed; however, this shall not
preclude the City Council from allowing public testimony. A Notice to Proceed may be
placed on the regular City Council consent agenda for action.
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs Page 5 of 7
15
F. Prior to consideration of a Notice to Proceed, a fiscally responsible person or
entity shall be identified. The fiscally responsible person or entity shall be responsible for
compensating the City for any charges incurred on the City by King County related to
King County's assistance in the nomination process. The fiscally responsible person or
entity shall also pay to the City an overhead charge of 3% above those charges that are
incurred by King County.
D. K.C.C. Section 20.62.070 "Designation procedure," except all references to
"King County" within this section are changed to read "City of Tukwila
E. K.C.C. Section 20.62.080 "Certificate of Appropriateness procedure," except
paragraph E is added to read as follows:
E. The applicant who submitted an application for a Certificate of
Appropriateness shall be responsible for payment of all fees associated with King
County's review of the Certificate of Appropriateness application, plus a 3% overhead
fee for City staff time. All fees shall be paid directly to the City of Tukwila, which shall
then reimburse King County for their time as specified in the interlocal agreement
between the City and the County.
F. K.C.C. Section 20.62.100 —"Evaluation of economic impact."
G. K.C.C. Section 20.62.110 "Appeal procedure," except paragraph A is
amended to read as follows:
A. Any person aggrieved by a decision of the Commission designating or
rejecting a nomination for designation of a landmark or issuing or denying a Certificate of
Appropriateness may, within 35 calendar days of mailing of notice of such designation or
rejection of nomination, or of such issuance or denial or approval of a Certificate of
Appropriateness, appeal such decision in writing to the City Council. The written notice of
appeal shall be filed with the Tukwila City Clerk and shall be accompanied by a statement
setting forth the grounds for the appeal, supporting documents, and argument. The
appellant shall pay an appeal fee of $250 to the City of Tukwila, which shall be provided
to the City within the time frame for filing appeals established by this paragraph. Failure
to provide the required fee shall constitute a failure to file a timely appeal. An appeal
which is not timely filed shall be dismissed by the City Council.
H. K.C.C. Section 20.62.120 "Funding.
K.C.C. Section 20.62.140 "Special valuation for historic properties."
Section 5. TMC Section 16.60.040 is hereby established to read as follows:
16.60.040 Historic Resources Review Process
The official responsible for the issuance of building and related permits shall promptly
refer applications for permits that affect inventoried historic buildings, structures,
objects, sites, districts, or archaeological sites to the King County Historic Preservation
Officer (HPO) for review and comment. For the purposes of this section, "affect" shall
be defined as an application for change to the site of the inventoried property, whether
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs Page 6 of 7
16
through new construction, alterations or excavation. Inventoried properties are those
that are listed in the King County Historic Resource Inventory. The responsible official
shall seek and take into consideration the comments of the HPO regarding mitigation of
any adverse effects affecting historic buildings, structures, objects, sites, or districts.
Section 6. TMC Section 16.60.050 is hereby established to read as follows:
16.60.050 Redesignation of Existing Landmarks
All King County landmarks designated pursuant to the provisions of King County Code
Chapter 20.62 that are located within the boundaries of the City of Tukwila shall be
subject to the provisions of this ordinance and considered City of Tukwila landmarks.
Section 7. 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 ordinance, 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 8. 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 9. 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.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2012.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Historic Preservation chapter of TMC 10 -2 -12
BM:bjs
Page 7 of 7
17
1
King County Code sections adopted by reference
Note: The adopting ordinance modifies several parts of the paragraphs below; the
language of the ordinance will supersede.
20.62.030 Landmarks commission created membership and organization.
A. There is created the King County landmarks commission which shall consist of
nine regular members and special members selected as follows:
1. Of the nine regular members of the commission at least three shall be
professionals who have experience in identification, evaluation, and protection of historic
resources and have been selected from among the fields of history, architecture,
architectural history, historic preservation, planning, cultural anthropology, archaeology,
cultural geography, landscape architecture, American studies, law, or other historic
preservation related disciplines. The nine regular members of the commission shall be
appointed by the county executive, subject to confirmation by the council, provided that no
more than four members shall reside within any one municipal jurisdiction. All regular
members shall have a demonstrated interest and competence in historic preservation.
2. The county executive may solicit nominations for persons to serve as regular
members of the commission from the Association of King County Historical
Organizations, the American Institute of Architects (Seattle Chapter), the Seattle King
County Bar Association, the Seattle Master Builders, the chambers of commerce, and other
professional and civic organizations familiar with historic preservation.
3. One special member shall be appointed from each municipality within King
County which has entered into an interlocal agreement with King County providing for
the designation by the commission of landmarks within such municipality in accordance
with the terms of such interlocal agreement and this chapter. Each such appointment shall
be in accordance with the enabling ordinance adopted by such municipality.
B. Appointments of regular members, except as provided in subsection C of this
section, shall be made for a three -year term. Each regular member shall serve until his or
her successor is duly appointed and confirmed. Appointments shall be effective on June
1st of each year. 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. Any member may be reappointed, but may not serve more than
two consecutive three -year terms. A member shall be deemed to have served one full term
if such member resigns at any time after appointment or if such member serves more than
two years of an unexpired term. The members of the commission shall serve without
compensation except for out -of- pocket expenses incurred in connection with commission
meetings or programs.
C. After May 4, 1992, the term of office of members becomes effective on the date
the council confirms the appointment of commission members and the county executive
shall appoint or reappoint three members for a three -year term, three members for a two
year term, and three members for a one -year term. For purposes of the limitation on
consecutive terms in subsection B of this section an appointment for a one -or a two -year
term shall be deemed an appointment for an unexpired term.
19
D. The chair shall be a member of the commission and shall be elected annually by
the regular commission members. The commission shall adopt, in accordance with K.C.C.
chapter 2.98, rules and regulations, including procedures, consistent with this chapter. The
members of the commission shall be governed by the King County code of ethics, K.C.C.
chapter. 3.04. The commission shall not conduct any public hearing required under this
chapter until rules and regulations have been filed as required by K.C.C. chapter 2.98.
E. A special member of the commission shall be a voting member solely on matters
before the commission involving the designation of landmarks within the municipality
from which such special member was appointed.
F. A majority of the current appointed and confirmed members of the commission
shall constitute a quorum for the transaction of business. A special member shall count as
part of a quorum for the vote on any matter involving the designation or control of
landmarks within the municipality from which such special member was appointed. All
official actions of the commission shall require a majority vote of the members present and
eligible to vote on the action voted upon. No member shall be eligible to vote upon any
matter required by this chapter to be determined after a hearing unless that member has
attended the hearing or familiarized him or herself with the record.
G. The commission may from time to time establish one or more committees to
further the policies of the commission, each with such powers as may be lawfully
delegated to it by the commission.
H. The county executive shall provide staff support to the commission and shall
assign a professionally qualified county employee to serve as a full -time historic
preservation officer. Under the direction of the commission, the historic preservation
officer shall be the custodian of the commission's records. The historic preservation officer
or his or her designee shall conduct official correspondence, assist in organizing the
commission and organize and supervise the commission staff and the clerical and technical
work of the commission to the extent required to administer this chapter.
I. The commission shall meet at least once each month for the purpose of
considering and holding public hearings on nominations for designation and applications
for certificates of appropriateness. Where no business is scheduled to come before the
commission seven days before the scheduled monthly meeting, the chair of the
commission may cancel the meeting. All meetings of the commission shall be open to the
public. The commission shall keep minutes of its proceedings, showing the action of the
commission upon each question, and shall keep records of all official actions taken by it, all
of which shall be filed in the office of the historic preservation officer and shall be public
records.
J. At all hearings before and meetings of the commission, all oral proceedings shall
be electronically recorded. The proceedings may also be recorded by a court reporter if
any interested person at his or her expense shall provide a court reporter for that purpose.
A tape recorded copy of the electronic record of any hearing or part of a hearing shall be
furnished to any person upon request and payment of the reasonable expense of the copy.
K. The commission is authorized, subject to the availability of funds for that
purpose, to expend moneys to compensate experts, in whole or in part, to provide
20
technical assistance to property owners in connection with requests for certificates of
appropriateness upon a showing by the property owner that the need for the technical
assistance imposes an unreasonable financial hardship on the property owner.
L. Commission records, maps or other information identifying the location of
archaeological sites and potential sites shall be exempt from public disclosure as specified
in RCW 42.17.310 in order to avoid looting and depredation of the sites. (Ord. 14482 70,
2002: Ord. 10474 3,1992: Ord. 10371 1,1992: Ord. 4828 3, 1980).
20.62.040 Designation criteria.
A. An historic resource may be designated as a King County landmark if it is more
than forty years old or, in the case of a landmark district, contains resources that are more
than forty years old, and possesses integrity of location, design, setting, materials,
workmanship, feeling and association, and:
1. Is associated with events that have made a significant contribution to the broad
patterns of national, state or local history; or
2. Is associated with the lives of persons significant in national, state or local
history; or
3. Embodies the distinctive characteristics of a type, period, style or method of
design or construction, or that represents a significant and distinguishable entity whose
components may lack individual distinction; or
4. Has yielded or may be likely to yield, information important in prehistory or
history; or
5. Is an outstanding work of a designer or builder who has made a substantial
contribution to the art.
B. An historic resource may be designated a community landmark because it is an
easily identifiable visual feature of a neighborhood or the county and contributes to the
distinctive quality or identity of such neighborhood or county or because of its association
with significant historical events or historic themes, association with important or
prominent persons in the community or county, or recognition by local citizens for
substantial contribution to the neighborhood or community. An improvement or site
qualifying for designation solely by virtue of satisfying criteria set out in this section shall
be designated a community landmark and shall not be subject to the provisions of
20.62.080.
C. Cemeteries, birthplaces, or graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings, properties primarily
commemorative in nature, and properties that have achieved significance within the past
forty years shall not be considered eligible for designation. However, such a property shall
be eligible for designation if they are:
1. An integral part of districts that meet the criteria set out in 20.62.040A or if it is:
2. A religious property deriving primary significance from architectural or artistic
distinction or historical importance; or
21
3. A building or structure removed from its original location but which is
significant primarily for its architectural value, or which is the surviving structure most
importantly associated with a historic person or event; or
4. A birthplace, grave or residence of a historical figure of outstanding importance
if there is no other appropriate site or building directly associated with his or her
productive life; or
5. A cemetery that derives its primary significance from graves of persons of
transcendent importance, from age, from distinctive design features, or from association
with historic events; or
6. A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner or as part of a restoration master plan, and when no
other building or structure with the same association has survived; or
7. A property commemorative in intent if design, age, tradition, or symbolic value
has invested it with its own historical significance; or
8. A property achieving significance within the past forty years if it is of
exceptional importance. (Ord. 10474 4,1992: Ord. 4828 4,1980).
20.62.050 Nomination procedure.
A. Any person, including the historic preservation officer and any member of the
commission, may nominate an historic resource for designation as a landmark or
community landmark. The procedures set forth in Sections 20.62.050 and 20.62.080 may be
used to amend existing designations or to terminate an existing designation based on
changes which affect the applicability of the criteria for designation set forth in Section
20.62.040. The nomination or designation of an historic resource as a landmark shall
constitute nomination or designation of the land which is occupied by the historic resource
unless the nomination provides otherwise. Nominations shall be made on official
nomination forms provided by the historic preservation officer, shall be filed with the
historic preservation officer, and shall include all data required by the commission.
B. Upon receipt by the historic preservation officer of any nomination for
designation, the officer shall review the nomination, consult with the person or persons
submitting the nomination, and the owner, and prepare any amendments to or additional
information on the nomination deemed necessary by the officer. The historic preservation
officer may refuse to accept any nomination for which inadequate information is provided
by the person or persons submitting the nomination. It is the responsibility of the person
or persons submitting the nomination to perform such research as is necessary for
consideration by the commission. The historic preservation officer may assume
responsibility for gathering the required information or appoint an expert or experts to
carry out this research in the interest of expediting the consideration.
C. When the historic preservation officer is satisfied that the nomination contains
sufficient information and complies with the commission's regulations for nomination, the
officer shall give notice in writing, certified mail /return receipt requested, to the owner of
the property or object, to the person submitting the nomination and interested persons of
22
record that a preliminary or a designation determination on the nomination will be made
by the commission. The notice shall include:
1. The date, time, and place of hearing;
2. The address and description of the historic resource and the boundaries of the
nominated resource;
3. A statement that, upon a designation or upon a preliminary determination of
significance, the certificate of appropriateness procedure set out in Section 20.62.080 will
apply;
4. A statement that, upon a designation or a preliminary determination of
significance, no significant feature may be changed without first obtaining a certificate of
appropriateness from the commission, whether or not a building or other permit is
required. A copy of the provisions of Section 20.62.080 shall be included with the notice;
5. A statement that all proceedings to review the action of the commission at the
hearing on a preliminary determination or a designation will be based on the record made
at such hearing and that no further right to present evidence on the issue of preliminary
determination or designation is afforded pursuant to this chapter.
D. The historic preservation officer shall, after mailing the notice required herein,
refer the nomination and all supporting information to the commission for consideration
on the date specified in the notice. No nomination shall be considered by the commission
less than thirty nor more than forty five calendar days after notice setting the hearing date
has been mailed except where the historic preservation officer or members of the
commission have reason to believe that immediate action is necessary to prevent
destruction, demolition or defacing of an historic resource, in which case the notice setting
the hearing shall so state. (Ord. 10474 5,1992: Ord. 4828 5, 1980).
20.62.070 Designation procedure.
A. The commission may approve, deny, amend or terminate the designation of a
historic resource as a landmark or community landmark only after a public hearing. At the
designation hearing the commission shall receive evidence and hear argument only on the
issues of whether the historic resource meets the criteria for designation of landmarks or
community landmarks as specified in K.C.C. 20.62.040 and merits designation as a
landmark or community landmark; and the significant features of the landmark. The
hearing may be continued from time to time at the discretion of the commission. If the
hearing is continued, the commission may make a preliminary determination of
significance if the commission determines, based on the record before it that the historic
resource is of significant value and likely to satisfy the criteria for designation in K.C.C.
20.62.040. The preliminary determination shall be effective as of the date of the public
hearing at which it is made. Where the commission makes a preliminary determination
it shall specify the boundaries of the nominated resource, the significant features thereof
and such other description of the historic resource as it deems appropriate. Within five
working days after the commission has made a preliminary determination, the historic
preservation officer shall file a written notice of the action with the director and mail
copies of the notice, certified mail, return receipt requested, to the owner, the person
submitting the nomination and interested persons of record. The notice shall include:
23
1. A copy of the commission's preliminary determination; and
2. A statement that while proceedings pursuant to this chapter are pending, or
six months from the date of the notice, whichever is shorter, and thereafter if the
designation is approved by the commission, the certificate of appropriateness procedures
in K.C.C. 20.62.080, a copy of which shall be enclosed, shall apply to the described
historic resource whether or not a building or other permit is required. The decision of
the commission shall be made after the close of the public hearing or at the next regularly
scheduled public meeting of the commission thereafter.
B. Whenever the commission approves the designation of a historic resource
under consideration for designation as a landmark, it shall, within fourteen calendar
days of the public meeting at which the decision is made, issue a written designation
report, which shall include:
1. The boundaries of the nominated resource and such other description of the
resource sufficient to identify its ownership and location;
2. The significant features and such other information concerning the historic
resource as the commission deems appropriate;
3. Findings of fact and reasons supporting the designation with specific reference
to the criteria for designation in K.C.C. 20.62.040; and
4. A statement that no significant feature may be changed, whether or not a
building or other permit is required, without first obtaining a certificate of
appropriateness from the commission in accordance with K.C.C. 20.62.080, a copy of
which shall be included in the designation report. This subsection B.4. shall not apply to
historic resources designated as community landmarks.
C. Whenever the commission rejects the nomination of a historic resource under
consideration for designation as a landmark, it shall, within fourteen calendar days of the
public meeting at which the decision is made, issue a written decision including findings
of fact and reasons supporting its determination that the criteria in K.C.C. 20.62.040 have
not been met. If a historic resource has been nominated as a landmark and the
commission designates the historic resource as a community landmark, the designation
shall be treated as a rejection of the nomination for King County landmark status and the
foregoing requirement for a written decision shall apply. Nothing contained herein shall
prevent renominating any historic resource rejected under this subsection as a King
County landmark at a future time.
D. A copy of the commission's designation report or decision rejecting a
nomination shall be delivered or mailed to the owner, to interested persons of record and
the director within five working days after it is issued. If the commission rejects the
nomination and it has made a preliminary determination of significance with respect to
the nomination, it shall include in the notice to the director a statement that K.C.C.
20.62.080 no longer applies to the subject historic resources.
E. If the commission approves, or amends a landmark designation, K.C.C.
20.62.080 shall apply as approved or amended. A copy of the commission's designation
report or designation amendment shall be recorded with the records and licensing
services division, or its successor agency, together with a legal description of the
designated resource and notification that K.C.C. 20.62.080 and 20.62.130 apply. If the
commission terminates the designation of a historic resource, K.C.C. 20.62.080 shall no
longer apply to the historic resource. (Ord. 15971 92, 2007: Ord. 14482 71, 2002: Ord.
14176 4,2001: Ord. 11620 14,1994: Ord. 10474 6,1992: Ord. 4828 7,1980).
20.62.080 Certificate of appropriateness procedure.
A. At any time after a designation report and notice has been filed with the
director and for a period of six months after notice of a preliminary determination of
significance has been mailed to the owner and filed with the director, a certificate of
appropriateness must be obtained from the commission before any alterations may be
made to the significant features of the landmark identified in the preliminary
determination report or thereafter in the designation report. The designation report shall
supersede the preliminary determination report. This requirement shall apply whether
or not the proposed alteration also requires a building or other permit. The requirements
of this section shall not apply to any historic resource located within incorporated cities
or towns in King County, except as provided by applicable interlocal agreement.
B. Ordinary repairs and maintenance which do not alter the appearance of a
significant feature and do not utilize substitute materials do not require a certificate of
appropriateness. Repairs to or replacement of utility systems do not require a certificate
of appropriateness provided that such work does not alter an exterior significant feature.
C. There shall be three types of certificates of appropriateness, as follows:
1. Type I, for restorations and major repairs which utilize in -kind materials.
2. Type II, for alterations in appearance, replacement of historic materials and
new construction.
3. Type III, for demolition, moving and excavation of archaeological sites.
In addition, the commission shall establish and adopt an appeals process
concerning Type I decisions made by the historic preservation officer with respect to the
applications for certificates of appropriateness.
The historic preservation officer may approve Type I certificates of
appropriateness administratively without public hearing, subject to procedures adopted
by the commission. Alternatively the historic preservation officer may refer applications
for Type I certificates of appropriateness to the commission for decision. The
commission shall adopt an appeals procedure concerning Type I decisions made by the
historic preservation officer.
Type II and III certificates of appropriateness shall be decided by the commission
and the following general procedures shall apply to such commission actions:
1. Application for a certificate of appropriateness shall be made by filing an
application for such certificate with the historic preservation officer on forms provided
by the commission.
2. If an application is made to the director for a permit for any action which
affects a landmark, the director shall promptly refer such application to the historic
25
preservation officer, and such application shall be deemed an application for a certificate
of appropriateness if accompanied by the additional information required to apply for
such certificate. The director may continue to process such permit application, but shall
not issue any such permit until the time has expired for filing with the director the notice
of denial of a certificate of appropriateness or a certificate of appropriateness has been
issued pursuant to this chapter.
3. After the commission has commenced proceedings for the consideration of
any application for a certificate of appropriateness by giving notice of a hearing pursuant
to subsection 3 of this section, no other application for the same or a similar alteration
may be made until such proceedings and all administrative appeals therefrom pursuant
to this chapter have been concluded.
4. Within forty five calendar days after the filing of an application for a certificate
of appropriateness with the commission or the referral of an application to the
commission by the director except those decided administratively by the historic
preservation officer pursuant to subsection 2 of this section, the commission shall hold a
public hearing thereon. The historic preservation officer shall mail notice of the hearing
to the owner, the applicant, if the applicant is not the owner, and parties of record at the
designation proceedings, not less than ten calendar days before the date of the hearing.
No hearing shall be required if the commission, the owner and the applicant, if the
applicant is not the owner, agree in writing to a stipulated certificate approving the
requested alterations thereof. This agreement shall be ratified by the commission in a
public meeting and reflected in the commission meeting minutes. If the commission
grants a certificate of appropriateness, such certificate shall be issued forthwith and the
historic preservation officer shall promptly file a copy of such certificate with the
director.
5. If the commission denies the application for a certificate of appropriateness, in
whole or in part, it shall so notify the owner, the person submitting the application and
interested persons of record setting forth the reasons why approval of the application is
not warranted.
D. The commission shall adopt such other supplementary procedures consistent
with K.C.C. 2.98 as it determines are required to carry out the intent of this section. (Ord.
11620 15,1994: Ord. 10474 7,1992: Ord. 4828 8,1980).
20.62.100 Evaluation of economic impact.
A. At the public hearing on any application for a Type II or Type III certificate of
appropriateness, or Type I if referred to the commission by the historic preservation
officer, the commission shall, when requested by the property owner, consider evidence
of the economic impact on the owner of the denial or partial denial of a certificate. In no
case may a certificate be denied, in whole or in part, when it is established that the denial
or partial denial will, when available incentives are utilized, deprive the owner of a
reasonable economic use of the landmark and there is no viable and reasonable
alternative which would have less impact on the features of significance specified in the
preliminary determination report or the designation report.
26
B. To prove the existence of a condition of unreasonable economic return, the
applicant must establish and the commission must find, both of the following:
1. The landmark is incapable of earning a reasonable economic return without
making the alterations proposed. This finding shall be made by considering and the
applicant shall submit to the commission evidence establishing each of the following
factors:
a. The current level of economic return on the landmark as considered in relation
to the following:
(1) The amount paid for the landmark, the date of purchase, and party from
whom purchased, including a description of the relationship, if any, between the owner
and the person from whom the landmark was purchased;
(2) The annual gross and net income, if any, from the landmark for the previous
five (5) years; itemized operating and maintenance expenses for the previous five (5) years;
and depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
(3) The remaining balance on any mortgage or other financing secured by the
landmark and annual debt service, if any, during the prior five (5) years;
(4) Real estate taxes for the previous four (4) years and assessed value of the
landmark according to the two (2) most recent assessed valuations;
5) All appraisals obtained within the previous three (3) years by the owner in
connection with the purchase, financing or ownership of the landmark;
(6) The fair market value of the landmark immediately prior to its designation
and the fair market value of the landmark (in its protected status as a designated
landmark) at the time the application is filed;
7) Form of ownership or operation of the landmark, whether sole
proprietorship, for profit or not for profit corporation, limited partnership, joint venture,
or both;
(8) Any state or federal income tax returns on or relating to the landmark for the
past two (2) years.
b. The landmark is not marketable or able to be sold when listed for sale or lease.
The sale price asked, and offers received, if any, within the previous two (2) years,
including testimony and relevant documents shall be submitted by the property owner.
The following also shall be considered:
(1) Any real estate broker or firm engaged to sell or lease the landmark;
(2) Reasonableness of the price or lease sought by the owner;
(3) Any advertisements placed for the sale or lease of the landmark.
c. The unfeasibility of alternative uses that can earn a reasonable economic return
for the landmark as considered in relation to the following:
27
(1) A report from a licensed engineer or architect with experience in historic
restoration or rehabilitation as to the structural soundness of the landmark and its
suitability for restoration or rehabilitation;
(2) Estimates of the proposed cost of the proposed alteration and an estimate of
any additional cost that would be incurred to comply with the recommendation and
decision of the commission concerning the appropriateness of the proposed alteration;
(3) Estimated market value of the landmark in the current condition after
completion of the proposed alteration; and, in the case of proposed demolition, after
renovation of the landmark for continued use;
(4) In the case of proposed demolition, the testimony of an architect, developer,
real estate consultant, appraiser or other real estate professional experienced in historic
restoration or rehabilitation as to the economic feasibility of rehabilitation or reuse of the
existing landmark;
(5) The unfeasibility of new construction around, above, or below the historic
resource.
d. Potential economic incentives and /or funding available to the owner through
federal, state, county, city or private programs.
2. The owner has the present intent and the secured financial ability,
demonstrated by appropriate documentary evidence to complete the alteration.
C. Notwithstanding the foregoing enumerated factors, the property owner may
demonstrate other appropriate factors applicable to economic return.
D. Upon reasonable notice to the owner, the commission may appoint an expert or
experts to provide advice and /or testimony concerning the value of the landmark, the
availability of incentives and the economic impacts of approval, denial or partial denial of
a certificate of appropriateness.
E. Any adverse economic impact caused intentionally or by willful neglect shall not
constitute a basis for granting a certificate of appropriateness. (Ord. 10474 8, 1992: Ord.
4828 10, 1980).
20.62.110 Appeal procedure.
A. Any person aggrieved by a decision of the commission designating or rejecting a
nomination for designation of a landmark or issuing or denying a certificate of
appropriateness may, within thirty -five calendar days of mailing of notice of such
designation or rejection of nomination, or of such issuance or denial or approval of a
certificate of appropriateness appeal such decision in writing to the council. The written
notice of appeal shall be filed with the historic preservation officer and the clerk of the
council and shall be accompanied by a statement setting forth the grounds for the appeal,
supporting documents, and argument.
B. If, after examination of the written appeal and the record, the council determines,
that: 1. An error in fact may exist in the record, it shall remand the proceeding to the
commission for reconsideration or, if the council determines that: 2. the decision of the
W
commission is based on an error in judgment or conclusion, it may modify or reverse the
decision of the commission.
C. The council's decision shall be based solely upon the record, provided that, the
council may at its discretion publicly request additional information of the appellant, the
commission or the historic preservation officer.
D. The council shall take final action on any appeal from a decision of the
commission by adoption of an Ordinance, and when so doing, it shall make and enter
findings of fact from the record and reasons therefrom which support its action. The
council may adopt all or portions of the commission's findings and conclusions.
E. The action of the council sustaining, reversing, modifying or remanding a
decision of the commission shall be final unless within twenty calendar days from the date
of the action an aggrieved person obtains a writ of certiorari from the superior court of
King County, state of Washington, for the purpose of review of the action taken. (Ord.
10474 9,1992: Ord. 4828 11, 1980).
20.62.120 Funding.
A. The commission shall have the power to make and administer grants of funds
received by it from private sources and from local, state and federal programs for purposes
of:
1. Maintaining, purchasing or restoring historic resources located within King
County which it deems significant pursuant to the goals, objectives and criteria set forth in
this chapter if such historic resources have been nominated or designated as landmarks
pursuant to this chapter or have been designated as landmarks by municipalities within
King County or by the State of Washington, or are listed on the National Historic
Landmarks Register, the National Register of Historic Places; and
2. Developing and conducting programs relating to historic preservation and
archaeological resource management. The commission shall establish rules and
regulations consistent with K.C.C. chapter 2.98 governing procedures for applying for and
awarding of grant moneys pursuant to this section.
B. The commission may, at the request of the historic preservation officer, review
proposals submitted by county agencies to fund historic preservation and archaeological
projects through the Housing and Community Development Act of 1974 (42 U.S.C. Secs.
5301 et seq.), the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. Secs. 1221 et seq.)
and other applicable local, state and federal funding programs. Upon review of such grant
proposals, the commission may make recommendations to the county executive and
county council concerning which proposals should be funded, the amount of the grants
that should be awarded, the conditions that should be placed on the grant, and such other
matters as the commission deems appropriate. The historic preservation officer shall keep
the commission apprised of the status of grant proposals, deadlines for submission of
proposals and the recipients of grant funds. (Ord. 14482 72, 2002: Ord. 10474 10, 1992:
Ord. 4828 12,1980).
20.62.140 Special valuation for historic properties.
29
A. There is hereby established and implemented a special valuation for historic
properties as provided in chapter 84.26 RCW.
B. The King County landmarks commission is hereby designated as the local
review board for the purposes related to chapter 84.26 RCW, and is authorized to perform
all functions required by chapter 84.16 RCW and chapter 254 -20 WAC.
C. All King County landmarks designated and protected under this chapter shall
be eligible for special valuation in accordance with chapter 84.26 RCW. (Ord. 14482 73,
2002: Ord. 10474 12,1992: Ord. 9237 1-3, 1989).
20.62.150 Historic Resources review process.
A. King County shall not approve any development proposal or otherwise issue
any authorization to alter, demolish, or relocate any historic resource identified in the
King County Historic Resource Inventory, pursuant to the requirements of this chapter.
The standards contained in K.C.C. 21A.12, Development Standards Density and
Dimensions and K.C.C. 21A.16, Development Standards Landscaping and Water Use
shall be expanded, when necessary, to preserve the aesthetic, visual and historic integrity
of the historic resource from the impacts of development on adjacent properties.
B. Upon receipt of an application for a development proposal located on or
adjacent to a historic resource listed in the King County Historic Resource Inventory, the
director shall follow the following procedure:
1. The development proposal application shall be circulated to the King County
historic preservation officer for comment on the impact of the project on historic
resources and for recommendation on mitigation. This includes all permits for
alterations to historic buildings, alteration to landscape elements, new construction on
the same or abutting lots, or any other action requiring a permit which might affect the
historic character of the resource. Information required for a complete permit application
to be circulated to the historic preservation officer shall include:
a. a vicinity map;
b. a site plan showing the location of all buildings, structures, and landscape
features;
c. a brief description of the proposed project together with architectural
drawings showing the existing condition of all buildings, structures, landscape features
and any proposed alteration to them;
d. photographs of all buildings, structures, or landscape features on the site;
and
e. an environmental checklist, except where categorically exempt under King
County SEPA guidelines.
2. Upon request, the historic preservation officer shall provide information about
available grant assistance and tax incentives for historic preservation. The officer may
also provide the owner, developer, or other interested party with examples of
comparable projects where historic resources have been restored or rehabilitated.
30
3. In the event of a conflict between the development proposal and preservation
of an historic resource, the historic preservation officer shall:
a. suggest appropriate alternatives to the owner /developer which achieve the
goals of historic preservation.
b. recommend approval, or approval with conditions to the director of the
department of development and environmental services; or
c. propose that a resource be nominated for county landmark designation
according to procedures established in the landmarks preservation ordinance (K.C.C.
20.62).
4. The director may continue to process the development proposal application,
but shall not issue any development permits or issue a SEPA threshold determination
until receiving a recommendation from the historic preservation officer. In no event shall
review of the proposal by the historic preservation officer delay permit processing
beyond any period required by law. Permit applications for changes to landmark
properties shall not be considered complete unless accompanied by a certificate of
appropriateness pursuant to K.C.C. 20.62.080.
5. On known archaeological sites, before any disturbance of the site, including,
but not limited to test boring, site clearing, construction, grading or revegetation, the
State Office of Archaeology and Historic Preservation (OAHP), and the King County
historic preservation officer, and appropriate Native American tribal organizations must
be notified and state permits obtained, if required by law. The officer may require that a
professional archaeological survey be conducted to identify site boundaries, resources
and mitigation alternatives prior to any site disturbance and that a technical report be
provided to the officer, OAHP and appropriate tribal organizations. The officer may
approve, disapprove or require permits conditions, including professional archeological
surveys, to mitigate adverse impacts to known archeological sites.
C. Upon receipt of an application for a development proposal which affects a
King County landmark or an historic resource that has received a preliminary
determination of significance as defined by K.C.C. 20.62.020V, the application circulated
to the King County historic preservation officer shall be deemed an application for a
certificate of appropriateness pursuant to K.C.C. 20.62.080 if accompanied by the
additional information required to apply for such certificate. (Ord. 11620 12, 1994).
31
32
Citv of Tuhwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
June 25, 2012 5:0017. m.
PRESENT
Councilmembers: Kathy Hougardy, Chair. Joe Duffie and Allan Ekberg
Staff: Jack Pace, Nora Gierloff, Dave Johnson, Pat Brodin, David Cline and Kimberl Matej
Guests: Louise Jones Brown, Tukwila Historical Society; Joan Hernandez, Tukwila Historical Society-_
John Cruce, Tukwila Historical Society; Julie Koler, King County Preservation Officer
CALL TO ORDER: Committee Chair Hougardv called the meeting to order at 5:03 P.M.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Parks Recreation Special Events Calendar
As an infonnation only item, Committee Members reviewed the Parks Recreation calendar for July and
August. INFORMATION ONLY.
B. Presentation: King County Historic Preservation
Julie Koler, King County Preservation Officer, gave a PowerPoint Presentation on the King County
Regional Historic Preservation Program. A copy of the presentation accompanies the Committee minutes.
As Ms. Koler presented program information, Committee Members, staff and guests asked clariA-ing
questions. Representatives from the Tukwila Historical Society expressed support for the City entering into
an agreement with King County for historic preservation, and stated that they believe the agreement will be
helpful in securing grant funding for work and restoration needed on the current Tukwila Historical Society
building which is City owned.
After discussion, the Committee requested that staff prepare a draft interlocal agreement for the King
County Historic Preservation Program and ordinance that would only be applicable to City owned
properties and archeological sites. Consideration for program applicability to privately owned property may
be explored at a later time. Louis Jones -Brown mentioned that the City of Des Moines has an interlocal
agreement specifically for city -owned properties which could be used as a model for Tukwila.
David Cline inquired about known timelines for grants that may be dependent on this interlocal agreement.
Ms. Jones -Brown committed to checking on such dates. In the meantime, Mr. Cline will work with the
Department of Community Development regarding current workload and work plan projects to determine
when this item may return to Committee. RETURN TO A FUTURE COMMITTEE MEETING FOR
REVIEW AND RECOMMENDATION.
III. MISCELLANEOUS
Meeting adjourned at 6:21 p.m.
Next meeting: Monday, July 9, 2012 5:00 p.m. Conference Room #3
k q Committee Chair Approval
Minute y KA vi.
33