HomeMy WebLinkAboutReg 2012-11-05 Item 6C.1 - Ordinance - Preservation of Historical Landmarks (TMC Chapter 16.60)COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prepared by
Ma or's review
C n l r view
10/22/12
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Resolution
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Ordinance
Mt g Date 11/5/12
11/05/12
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Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI
SPONSOR'S The City Council has been briefed about entering into an Interlocal Agreement (ILA) with
SUMMARY King County to provide historical preservation services in the City. One of the
requirements of the ILA is for the City to adopt an Ordinance related to historical
preservation. The attached Ordinance will adopt a new Chapter in Title 16 to address
Historical Landmarks in the City. The Ordinance will only apply to city owned properties.
Private pro will not be impacted by the Ordinance.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/8/12 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONsoR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$6000 $0 $0
Fund Source: N/A
Comments: The Ordinance is cost neutral if the all costs are passed on to the applicant.
MTG. DATE
RECORD OF COUNCIL ACTION
10/22/12
ITEM INFORMATION
ITEM NO.
6.0 (1)
A
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 10/22/12
AGENDA ITEM TITLE An Ordinance regarding the preservation of Historical Landmarks in the City.
*Changes requested at the October 22, 2012 COW Meeting have been made to the
Ordinance
CATEGORY Discussion
Mtg Date 10122112
Motion
Mt g Date
Resolution
Mtg Date
Ordinance
Mt g Date 11/5/12
Bid Award
Mtg Date
Public Hearing
Mtg Date
Other
Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI
SPONSOR'S The City Council has been briefed about entering into an Interlocal Agreement (ILA) with
SUMMARY King County to provide historical preservation services in the City. One of the
requirements of the ILA is for the City to adopt an Ordinance related to historical
preservation. The attached Ordinance will adopt a new Chapter in Title 16 to address
Historical Landmarks in the City. The Ordinance will only apply to city owned properties.
Private pro will not be impacted by the Ordinance.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/8/12 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONsoR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$6000 $0 $0
Fund Source: N/A
Comments: The Ordinance is cost neutral if the all costs are passed on to the applicant.
MTG. DATE
RECORD OF COUNCIL ACTION
10/22/12
MTG. DATE
ATTACHMENTS
10/22/12
Informational Memorandum dated 9/28/12
Draft Ordinance
King County Code Sections to be adopted by reference
Minutes from Community Affairs and Parks Committee meeting of 6/25/12
Minutes from Community Affairs and Parks Committee meeting of 10/8/12
11/5/12
Ordinance in strike through, underlined format based on changes from 10/22/12
A
Ell
City of TUkwila
Washington
Ordinance No.
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:
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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
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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.
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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
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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, 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.
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F. As part of the consideration of a Notice td a fiscally responsible
person or entities shall be identified. The fiscally responsible person or entities 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 City shall pay
the charges for any Tukwila -based 501(c)(3) organization. The fiscally responsible
person or entities (except for Tukwila -based 501(c)(3) organizations) 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 or other willing fiscally responsible party, 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. In the
case of a Tukwila -based 501(c)(3) organization, the City shall pay all charges and no
overhead fee shall be assessed.
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,
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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
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:
Christy O'Flaherty, MMC, City Clerk
Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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