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HomeMy WebLinkAboutCAP 2012-10-08 COMPLETE AGENDA PACKETCity of Tukwila Community Affairs Parks Committee O Kathy Hougardy, Chair O Joe Duffie O Allan Ekberg AGENDA MONDAY., OCTOBER 8� 2012 CONFERENCE ROOM #3, 5:00 PM Distribution Recommended Action K. Hougardy C. O'Flaherty J. Duffle S. Kerslake A. Ekberg K. Matej V. Seal J. Pace D. Robertson Mayor Haggerton (1) Forward to 10/22 C.O.W. D. Cline to provide historic preservation services. Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Historic preservation services: (1) An Interlocal Agreement with King County (1) Forward to 10/22 C.O.W. Pg.1 to provide historic preservation services. and 11/15 Regular Mtg. (2) An ordinance regarding preservation of (2) Forward to 10/22 C.O.W. Pg.9 landmarks in the City. Jack Pace, Community Development Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, October22, 2012 S The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. p Ci!ypf Tukwiia Jim Haggerton, Mayor TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director BY: Nora Gierloff, Deputy Director Brandon Miles, Senior Planner DATE: October 1, 2012 SUBJECT: Interlocal Agreement with King County for Historic Preservation Services ISSUE Should the City enter into an Interlocal Agreement (ILA) with King County to provide historic preservation services? BACKGROUND On June 25, 2012, the Community Affairs and Parks Committee (CAP) heard a presentation by King County on Historic Preservation. King County, which has an office of Historic Preservation, contracts with 17 other cities' to provide historic preservation services. Tukwila does not have the resources or the expertise in house to be able to provide such services. Staff has worked with King County to draft the attached ILA. One requirement of the ILA is that the City adopts an Historic Preservation Ordinance, which is also included on tonight's agenda. In drafting the ILA and the draft Ordinance, staff attempted to address to primary concerns: 1. That the ILA not obligate the City to pay unexpected costs. Section 4A of the ILA requires that the City pre- authorize any work performed by King County. This work could include conducting an inventory of historic sites in the City, processing nominations for historic landmark status and issuing Certificates of Appropriateness for changes to landmarked structures. Additionally, the Ordinance requires that a fiscally responsible party be identified before any charges are incurred by King County. 2. The proposed Ordinance, which is discussed in more detail in the memo dated September 28, 2012, only applies to city owned properties. The Ordinance requires that the City Council issue a Notice to Proceed prior to King County considering a landmark designation within the City. DISCUSSION The ILA is being driven primarily by the Tukwila Historical Society which desires to obtain grant funds for improvements to Old City Hall. Landmark status could increase their eligibility for certain types of grants. However, the nomination and designation process could cost up to $6,000. If the Historical Society asks for a Landmark Designation for Old City Hall, it is possible that the City may be asked to be the fiscally responsible party. Under the proposed ordinance the City Council would have the opportunity to resolve the funding question before allowing the Landmark Designation process to move forward. Designation of a city owned facility as a landmark could also hinder future redevelopment or modifications to the existing building or site. As noted, Old City Hall is eligible for designation, but Fort Dent Park and City Hall would likely also be candidates. Staff has crafted both the ILA Cities include Auburn, Woodinville and Shoreline. INFORMATIONAL MEMO Page 2 and Ordinance to address this issue by requiring that the City Council pre- authorize any landmark designation process for a city owned facility or property to ensure that the designation is consistent with future City facility plans. FINANCIAL IMPACT None, provided a third party pays all fees for historic preservation services to King County. RECOMMENDATION Staff recommends that the Mayor be authorized to sign the attached ILA and that the ILA is forwarded to the October 22, 2012 Committee of the Whole meeting for discussion. Council action could occur at the November 5, 2012 Regular Council Meeting. ATTACHMENTS Draft Interlocal Agreement between King County and the City. Minutes from the June 25, 2012 CAP Meeting 2 ZADCD n Clerk's \Brandon \Historical Presevation Ord \ILA \ILA Memo.doc INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the city limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects, and archaeological sites within the city for the benefit of present and future generations; and WHEREAS, the County is able to provide landmark designation and protection services for the City; and WHEREAS, the City has elected to contract with the 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; and WHEREAS, pursuant to R.C.W. 39.34, the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and the City hereby agree: 1. Services At the request of the City, the County shall provide landmark designation and protection services using the criteria and procedures adopted in King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62 within the City limits. 2. Ci 's Responsibilities A. Adopt an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites as landmarks and for the protection of landmarks. Regulations and procedures shall be substantially the same as the regulations and procedures set forth in K.C.C. Chapter 20.62. The ordinance shall provide that the King County Landmarks Commission, with the addition of a special member, acting as the City of Tukwila Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance shall include: 1) Provision for the appointment of a special member to the Commission as provided by K.C.C. Chapter 20.62.030. 2) A provision that appeals from decisions of the Commission pertaining to real property within the City limits shall be taken to the Tukwila City Council. 3) A provision that the City official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. 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. B. Appoint a Special Member to the Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Except as to Section 5, the services provided by the County pursuant to this agreement do not include legal services. 3. County Responsibilities A. Process all landmark nomination applications and conduct planning, training, and public information tasks necessary to support landmarking activities in the City. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Process all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (R.C.W. 84.26 and WAC 254.20) for the special valuation of historic properties within the city limits. D. Review and approve all applications to the King County Landmark Loan Program. E. Review and comment on applications for permits which affect historic buildings, structures, objects, sites, districts, and archaeological sites. Comments shall be forwarded to the city official responsible for the issuance of building and related permits. F. King County shall perform no work under this agreement without receiving the express, written permission of the City of Tukwila. 4. Compensation A. Costs. The City shall reimburse the County fully for all costs incurred in providing services under this contract, including overhead and indirect administrative costs. 0 Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The City shall not be responsible for paying for any work that was performed which was not preauthorized as required in Section 3 F above. The rate of reimbursement to the County for labor costs shall be revised annually by mutual written agreement of both parties. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of the City's receipt of an invoice from the County. 5. Indemnification A. The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in providing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them, the County shall satisfy the same. B. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations, polices or procedures. If any cause, claim, suit, actions or administrative proceeding is commenced in the enforceability and/or validity or any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 5 6. Interlocal Cooperation Act A. Purpose. The purpose of this agreement is for the City of Tukwila and King County to partner to provide historical preservation services within the corporate boundaries of the City. B. Administration. This agreement shall be administered for the County by the Director of Department of Natural Resources and Parks, or the director's designee, and for the City by the Director of Community Development or designee. C. Budget and Financing. No special budget or funds are anticipated, nor will the parities jointly acquire, hold or dispose of real or personal property. D. Duration This agreement is effective beginning upon execution, and shall continue until terminated pursuant to the terms of this agreement. E. This Agreement will be recorded by the County or otherwise be made public by it in conformance with the Interlocal Cooperation Act. 7. Termination Either party may terminate this agreement by forty-five (45) days written notice from one party to the other. 8. Amendments This Agreement may be amended at any time by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this agreement this day of .2013. CITY OF TUKWILA Title: KING COUNTY King County Executive Approved as to form: King County Prosecutor 1. Al ►LA „+.p:,; O L i o Tu Q. iol Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes Jame 25, 2012 5: 00 p. m. PRESENT Councilmembers: Kathy Hougardy, Chair, Joe Duffle and Allan Ekberg Staff: Jack Pace, Nora Gierloff, Dave Johnson, Pat Brodin, David Cline and Kimberly 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 Hougardy 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 information 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 Presentation Program. A copy of the presentation accompanies the Committee minutes. As Ms. Koler presented program information, Committee Members, staff and guests asked clarifying questions. Representatives from the Tukwila Historical Society expressed support for the City entering into an agreement with King County for historic presentation, 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 43 Q�' q Committee Chair Approval M1nute4fiy KA 7 n.* City 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 34