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HomeMy WebLinkAbout2005-002 Yakima Historic Preservation Commission Establishment ORDINANCE NO. 2005- 02 AN ORDINANCE relating to the identification, preservation, rehabilitation, and special property tax valuation of historic properties in Yakima, repeahng Chapter 11.60, Historic Preservation Ordinance for Special Valuation, of the City of Yakima Municipal Code, replacing YMC Chapter 11 60 with new Chapter 11 62, Historic Preservation Ordinance, to the City of Yakima Municipal Code which shall establish a Yakima Historic Preservation Commission, a Yakima Register of Historic Places, a process for fisting properties on said register, a review process for proposed changes to properties on the Yakima Register of Historic Places, and a review and monitoring process for special property tax valuation for certain historic properties in Yakima. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Chapter 11 60 of the City of Yakima Municipal Code is hereby repealed Section 2. A new Chapter 11 62 entitled "Historic Preservation Ordinance for Special Valuation" is hereby enacted as a new chapter to Title 11 of the City of Yakima Municipal Code, which new chapter and various sections thereof, shall read as follows. "Chapter 11.62 HISTORIC PRESERVATION ORDINANCE FOR SPECIAL VALUATION Sections. 11.62.010 Purpose 11.62.020 Short title. 11.62.025 Applicability. 11.62.030 Definitions. 11.62.040 Yakima Historic Preservation Commission. 11.62.045 Yakima Register of Historic Places. 11.62.050 Review of changes to Yakima Register of Historic Places properties. 11.62.060 Review and monitoring of properties for special property tax valuation. 11.62.010 Purpose. The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the city of Yakima and preserve and rehabilitate eligible historic properties within the city of 1 Yakima for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to A. Safeguard the heritage of Yakima as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Yakima history; B Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Yakima history; C Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects, D Encourage capital investment in the rehabilitation of real property and assist in strategic economic development through the creation of jobs, construction spending and physical improvement within Yakima, E Promote fundamental growth management principles and the development of sound tools for land use planning, urban design and environmental protections, F Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment, and G Assist, encourage and provide incentives to private owners for preservation, rehabilitation, restoration, redevelopment, and use of historic buildings, districts, objects, sites and structures 11.62.020 Short title The following sections shall be known and may be cited as the "Historic Preservation Ordinance of Yakima." 11.62.025 Applicability This chapter applies to any property which fall into the following categories. A. Property listed or eligible to be fisted on the Yakima Historic Inventory, B Property listed or eligible to be listed on the Yakima Register of Historic Places, National Register of Historic Places, or Washington Heritage Register 11.62.030 Definitions. The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context: A. "Actual cost of rehabilitation" means costs incurred within twenty -four months prior to the date of application and directly resulting from one or more of the following. 1 Improvements to an existing building located on or within the perimeters of the original structure, or 2 2. Improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable /habitable floor space attributable to new construction, or 3 Architectural and engineering services attributable to the design of the improvements, or 4 All costs defined as qualified rehabilitation expenditures tor purposes of the federal historic preservation investment tax credit B A "building" is a structure constructed by human beings This includes both residential and nonresidential buildings, main and accessory buildings C "Certificate of Appropriateness" means the document indicating that the Commission has reviewed the proposed changes to a local register property or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation. D "Certified Local Government" or "CLG" means the designation reflecting that the local government has been jointly certified by the State Historic Preservation Officer and the National Park Service as having established its own historic preservation commission and a program meeting federal and state standards. E "Class of properties eligible to apply for special valuation in Yakima" means all properties in Yakima listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until the city of Yakima becomes a Certified Local Government (CLG) Once the city of Yakima becomes a CLG, the class of properties eligible to apply for Special Valuation in the city of Yakima means only all properties listed on the Yakima and National Registers of Historic Places or properties certified as contributing to a Yakima or National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW F "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty -five percent (25 %) of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. G A "district" is a geographically definable area —urban or rural, small or large, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and /or objects united by past events or aesthetically by plan or physical development H. "Emergency repair" means work necessary to prevent destruction or dilapidation of real property or structural appurtenances 3 thereto immediately threatened or damaged by fire, flood, earthquake or other disaster I. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed in the Yakima Register of Historic Places or on the National Register of Historic Places J "Incentives" are such rights or privileges or combination thereof which the Yakima 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 or obtain for the owner(s) of Register properties 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, beneficial placement of public improvements or amenities, or the like K. "Local review board" or "Board" used in Chapter 84.26 RCW and Chapter 254 -20 WAC for the special valuation of historic properties means the Commission created in Section 11.62.040 L "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage M. An "object" is a 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 N "Ordinary repair and maintenance" means work for which a permit issued by the city of Yakima is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage 0 "Owner" of property is the fee simple owner of record as exists on the Yakima county assessor's records P "Significance" or "significant" used in the context of historic significance means the following• a property with local, state, or national significance is one which helps in the understanding of the history or prehistory of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential The local area can include the city of Yakima, Yakima County, or south central Washington, or a modest geographic or cultural area, such as a neighborhood Local significance may apply to a property that illustrates a theme that is important to one or more localities, state significance to a theme important to the history of the state, and 4 national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation. Q A "site" is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains, or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now non - extant building or structure if the location itself possesses historic cultural or archaeological significance R. "Special valuation for historic properties" or "special valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. S A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by human beings, it is often an engineering project T "Waiver of a Certificate of Appropriateness" or "Waiver" means the document indicating that the Commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a Certificate of Appropriateness which allows the building or zoning official to issue a permit for demolition. U "Washington Heritage Register" means the state listing of properties significant to the community, state, or nation but which may or may not meet the criteria of the National Register V "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory Council's Standards" means the rehabilitation and maintenance standards used by the Yakima Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified W "Yakima Historic Inventory" or "Inventory" means the comprehensive inventory of historic and prehistoric resources within the boundaries of Yakima. X. "Yakima Historic Preservation Commission" or "Commission" means the Commission created by Section 11 62 040 Y "Yakima Register of Historic Places," "Local Register," or "Register" means the listing of locally designated properties provided for in Section 11 62.045 5 11.62.040 Yakima Historic Preservation Commission. A. Creation and Size There is hereby established a Yakima Historic Preservation Commission consisting of seven (7) members, as provided in subsection B below Members of the Yakima Historic Preservation Commission shall be appointed by the mayor with the approval of the Yakima city council and shall be residents of the city of Yakima. B Composition of the Commission. (1) All members of the Commission must have a demonstrated interest and competence in historic preservation, history, urban planning, or architecture and possess qualities of impartiality and broad judgment (2) The Commission shall always include at least three (3) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, landscape architecture, historic preservation, planning, folklore, cultural anthropology, prehistoric and historic archaeology, American studies, curation, traditional building crafts, the practice of historic rehabilitation or restoration, finance and banking, law, and real estate, or related disciplines. The Commission action that would otherwise be vand shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the Commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the Certification Agreement between the mayor of Yakima and the State Historic Preservation Officer on behalf of the State Furthermore, exception to the residency requirement of Commission members may be granted by the mayor of Yakima with the approval of the Yakima city council in order to obtain representatives from these disciplines. (3) In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify Yakima history, heritage, preservation, and development related organizations of vacancies so that names of interested and quahfied individuals may be submitted by such organizations for consideration along with names from any other source C Terms The initial appointments to the Commission shall be staggered. Two (2) members shall be appointed for one (1) year, three (3) members shall be appointed for two (2) years, and two (2) members shall be appointed for three (3) years Thereafter, the terms shall be made for three (3) years Membership on the Commission shall be limited to two (2) full consecutive three (3) year terms. Reappointment after two (2) full consecutive terms may be made after at least a one (1) year absence Vacancies shall be filled by the mayor with the approval of the council for a new or unexpired term in the same manner as the original appointment 6 D Powers and Duties The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Yakima's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties, to raise community awareness of Yakima's history and historic resources, and to serve as Yakima's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Commission shall engage in the following. (1) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city of Yakima and known as the Yakima Historic Inventory, and publicize and periodically update inventory results Properties listed on the inventory shall be recorded on official zoning records with an "HI" (for historic inventory designation) This designation shall not change or modify the underlying zone classification. (2) Initiate and maintain the Yakima Register of Historic Places This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the Commission as having historic significance worthy of recognition and protection by the city of Yakima and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties (3) Review nominations to the Yakima Register of Historic Places according to criteria in Section 11 62.045 of this ordinance and adopt standards in its rules to be used to guide this review (4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in Section 11 62.046 and adopt standards and design guidelines in its rules to be used to guide this review and the issuance of a Certificate of Appropriateness or waiver (5) Provide for the review either by the Commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties (6) Conduct all Commission meetings in comphance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. (7) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources (8) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the city of Yakima. 7 (9) Review and comment to the Yakima city council on land use, housing and redevelopment, economic development strategies, municipal improvements and other types of planning and programs undertaken by agencies of the city of Yakima, other neighboring communities, Yakima County, the state or federal governments, as they relate to historic resources of the city of Yakima (10) Advise the Yakima city council and the mayor of Yakima generally on matters of Yakima history and historic preservation. (11) Perform other related functions assigned to the Commission by the Yakima city council. (12) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, websites, or similar activities (13) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas and encourage appropriate measures for such recognition. (14) Be informed about and provide information to the public and city of Yakima departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties (15) Review nominations to the State and National Registers of Historic Places. (16) Investigate and report to the Yakima city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city of Yakima. (17) Serve as the local review board for Special Valuation and a. Make determination concerning the eligibility of historic properties for special valuation, b Verify that the improvements are consistent with the Washington State Advisory Council's standards for rehabilitation and maintenance, c. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254 -20- 070(2), d. Approve or deny applications for special valuation, e Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the ten year special valuation period, and f Adopt bylaws and /or administrative rules and comply with all other board responsibilities identified in Chapter 84.26 RCW E Compensation. All members shall serve without compensation. F Rules and Officers The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a 8 chairperson and such other officers as may be necessary to conduct the Commission's business G Commission Staff Commission and professional staff assistance shall be provided by the department of community and economic development with additional assistance and information to be provided by other city departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this chapter 11.62.045 Yakima Register of Historic Places. A. Criteria for Deterrruning Designation in the Register Any building, structure, site, object, or district may be designated for inclusion in the Yakima Register of Historic Places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community, if it has integrity, is at least forty (40) years old, or is of lesser age and has exceptional importance, and if it falls in at least one of the following categories (1) Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history (2) Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction. (3) Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art. (4) Exemplifies or reflects special elements of Yakima's cultural, special, economic, political, aesthetic, engineering, or architectural history (5) Is associated with the lives of persons significant in national, state, or local history (6) Has yielded or may be likely to yield important archaeological information related to history or prehistory (7) Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event. (8) Is a birthplace or grave of a historical figure of outstanding importance and is the only surviving structure or site associated with that person. (9) Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns (10) Is a creative and unique example of folk or vernacular architecture and design created by persons not formally trained in the 9 architectural or design professions, and which does not fit into formal architectural or historical categories. B Process for Designating Properties or Districts to the Yakima Register of Historic Places. (1) Any person may nominate a building, structure, site, object, or district for inclusion m the Yakima Register of Historic Places Members of the Historic Preservation Commission or the Commission as a whole may generate nominations In its designation decision, the Commission shall consider the Yakima Historic Inventory and the Yakima Comprehensive Plan. (2) Applications for nominations must bear the signature of the property owner(s) of record of the subject property as indicated by the records of the Yakima County Auditor, or in the case of districts, signatures must be obtained from the owners of a majority of the properties within the proposed district. Applications shall be on forms and include information and documentation supporting the historic significance of the building, structure, site, object, or district (2) In the case of individual properties, the designation shall include the legal description and all features — interior and exterior —and outbuildings that contribute to its designation. (3) In the case of districts, the designation shall include description of the boundaries of the district, the characteristics of the district which justify its designation, and a list of all properties including features, structures, sites, and objects which contribute to the designation of the district. (4) The Commission shall consider the merits of the nomination, according to the criteria in subsection A of this section and according to the nomination review standards established in rules, at an open record public hearing At least ten (10) days prior to the hearing, written notice by first class mail of the time, date, place, and subject of the hearing will be given to all owners of record of the subject property as indicated by the records of the Yakima County Auditor, the authors of the nomination, if different, and lessees, if any, of the subject property Public notice of the hearing shall also be provided and shall include, at least ten (10) days prior to the hearing, publication in a newspaper of general circulation in Yakima and posting of the property The Commission shall, by a majority vote of its members, make a written recommendation to the city council that the nomination of the subject property be approved or rejected for listing on the Yakima Register of Historic Places The recommendation shall set forth findings of fact which constitute the basis for the recommendation. (5) Upon receipt of the Commission's recommendation, the city council shall hold an open record public hearing to consider the recommendation. Notice of the hearing shall be provided in accordance 10 with subsection B(4) of this section. The city council shall approve, reject or refer the recommendation back to the Commission for further consideration, as the council deems appropriate Approval of a recommendation to designate a property for hstmg on the Register shall be done by city council adoption of a resolution designating the building, structure, site, object, or district for listing on the Yakima Register of Historic Places (6) Properties listed on the Yakima Register of Historic Places shall be recorded on official zoning records with an "HR" (for Historic Register) designation. This designation shall not change or modify the underlying zone classification. C Removal of Properties from the Register (1) In the event that any property is no longer deemed appropriate for designation or no longer meets the eligibility requirements for the Yakima Register of Historic Places, the Commission may initiate removal from such designation by the same procedure as provided for in establishing the designation in subsection B of this section. (2) Additionally, and except to the extent that a property is subject to a historic preservation special valuation agreement entered into under the authority of YMC 11 62.060 and applicable state law, the property owner(s) of record (as indicated by the records of the Yakima County Auditor) of a property listed on the Yakima Register of Historic Places may make a written request to have said property removed from the Register The written request must be signed by said property owner(s) and notarized. Upon receipt of such a properly notarized written request, the Commission shall immediately remove the property from the Register D Effects of Listing on the Register (1) Listing on the Yakima Register of Historic Places is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community Properties are listed individually or as contributing properties to an historic district. (2) Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in YMC 11 62.030, the owner must request and receive a Certificate of Appropriateness from the Commission for the proposed work. Violation of this rule shall be grounds for the Commission to review the property for removal from the register (3) Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a Certificate of Appropriateness (4) Once the city of Yakima is certified as a Certified Local Government (CLG), all properties listed on the Yakima Register of 11 Historic Places may be eligible for Special Tax Valuation on their rehabihtation under YMC 11 62 060 11.62.050 Review of Changes to Yakima Register of Historic Places Properties. To achieve the comprehensive plan and historic preservation goals and to safeguard the heritage of Yakima, a two (2) part evaluation system shall be followed. (1) The identification of those materials, features and combinations of features that give significance to property(ies) or districts on the Yakima Register of Historic Places. (2) Assessing the potential impact or effect of rehabilitation work necessary for efficient contemporary utilization of the property The historic character of a property or district is defined by many features materials, style, method of construction, composition and decorative features, the presence of architectural metals, window number, arrangements and styles (fenestration), entrances and porches, storefronts on commercial buildings, internal arrangement and detailing, and the historic relationship between buildings, landscape features and open space, as well as many other materials and features can all contribute to a property's character After identifying the distinguishing historic characteristics of a property subject to the design review process, retention and preservation of those features and materials are the primary goals of the design review effort. This is accomplished through the review process individual to each property Preferred approaches to the treatment of properties, specified by the Secretary of the Interior, are common to each property These are, in descending order of preference (1) protecting and maintaining, (2) repairing, (3) replacing in -kind, (4) design for missing features, and (5) alterations and additions to historic buildings The guidelines for the above are listed in the "rules and procedures" adopted herewith. A. Review Required. No person shall construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, demolish or make any material change affecting significant historic features as listed in the designation form(s) to any existing property on the Yakima Register of Historic Places or within a historic district on the Yakima Register without review by the Commission and without receipt of a Certificate of Appropriateness, or in the case of demolition, a waiver of Certificate of Appropriateness, as a result of the review The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the designation. This requirement shall apply whether or not the proposed alteration also requires a building or other permit, except as noted under subsection B of 12 this section. Material, documents and other information required by the Commission to review the proposed changes shall be established in its rules and procedures A pre - application conference is recommended but is at the request of the applicant. B Exemptions. The following activities do not require a Certificate of Appropriateness or review by the Commission. , (1) Ordinary repairs and maintenance which do not affect significant historic features, including painting, or emergency measures as defined in YMC 11 62 030 (2) Ordinary repairs and maintenance which do not alter the appearance of a significant feature and do not utilize substitute materials. (3) If there are not interior features of significance, repairs to or replacement of utility systems C Review Process. (1) Requests for Review and Issuance of a Certificate of Appropriateness or Waiver The Code Administration and Planning Manager or his /her designee shall report to the Commission any application for a permit to work on a designated Yakima Register of Historic Places property or in a Yakima Register historic district If the activity is not exempt from review, the Commission or staff shall notify the apphcant of the review requirements The Code Administration and Planning Manager or his /her designee shall not issue any such permit until a Certificate of Appropriateness or a waiver is received from the Commission but shall work with the Commission in considering building and fire code requirements (2) There shall be two (2) types of reviews for issuance of a Certificate of Appropriateness a Type I. An administrative review by Commission staff for repairs and replacements -in -kind as fisted below, but not limited to, the following. 1 Repairs (other than ordinary repair and maintenance) using the same materials and design as the original, 11. Re- roofing using the same type and color of material, in Replacement of sidewalks and driveways using the same type and color of materials, iv Replacement of foundations or major portions thereof, using the same type and color of materials, v Replacement of utility systems if contributing interior features of significance are present, vi. Structural or seismic upgrades which do not alter or affect significant features b Type II. A pubhc meeting review by the Commission is required for any alteration in the appearance of a significant contributing feature, the replacement of historic material (other than in -kind) in a 13 significant feature, and /or additions to a Yakima Register property, new construction on a Yakima Register property or m a historic district, demolition or removal of a Yakima Register property, or any excavation on an archaeological site When a Certificate of Appropriateness is required, the following procedures shall govern according to the type of review required. (3) Type I Commission staff review A Type I application for review for Certificates of Appropriateness shall be reviewed by the Commission staff a. The property owner or his /her agent shall file an application with the Commission staff on a form provided by the Commission. At a minimum, applications shall be accompanied by the following documents, materials and information. a clear photograph or photographs of the building, object, site or structure, a brief description of the proposed work, scaled drawings depicting the proposed work, and samples of replacement material for comparison with the existing or the original building or structure must be furnished with the application. b A Type I Commission staff review decision shall be made within thirty (30) days from the date on which the Commission staff receives a fully complete application. c. The Commission staff may, on his or her own motion, refer the application to the Commission for a decision in accordance with the procedures set forth for a Type II Commission Review The time for a decision of the Commission on the application shall run from the date that the application is referred to the Commission by the staff d. A Type I Commission staff review decision shall be final and binding unless it is appealed to the Commission by the aggrieved person, public agency or other legal entity The appeal must be in writing on forms provided by the Commission, and filed with the Commission within fourteen (14) calendar days of the date of the decision. The written appeal must specify all grounds for the appeal, request a hearing before the Commission and be accompanied by an appeal fee of one hundred dollars ($100 00) The Commission shall set a date, time and place for the appeal hearing After the hearing, the Commission shall make the final and conclusive written determination regarding the appeal. (4) Type II Commission Review A Type II application for review for Certificates of Appropriateness or waiver thereof shall be reviewed by the Commission in accordance with the following process a. The property owner or his /her agent shall file an application with the Commission on a form provided by the Commission. Each application shall be accompanied by such documents, materials and information as required by the Commission and which is reasonably necessary for the review of the proposed project 14 b When an applicant is requesting a waiver of the Certificate of Appropriateness requirement in order to demolish a designated Yakima Register of Historic Places property in whole or in part, the applicant shall also demonstrate in writing with the application that demolition alternatives have been or are being pursued (alternatives include but are not limited to economic analysis, offers to lease, sell or dedicate site to a private, public or nonprofit entity, and outcome of the offer, relocation of building, etc.) The Commission shall consider these and other alternatives to demolition as part of its Type II review process The Commission may extend the review process as necessary to allow sufficient time to fully explore and consider alternatives to demolition. The Commission may also condition the issuance of a waiver upon the satisfaction of certain mitigation steps and measures (including, but not limited to, photographic documentation of the resource, an identification plaque, use of an architectural element in new construction, and /or buffering of the historic or cultural resource) c. The Commission shall hold a public meeting to review the proposed work according to the design review criteria established in its rules Notice of the time, date and place of the design review meeting shall be sent by first class mail to the property owner(s) of record of the subject property as indicated by the records of the Yakima County Auditor, applicant (if different), lessees and any other interested parties The Commission shall issue a written decision which shall set forth findings of fact and conclusions which constitute the basis for the decision. The Commission's decision shall be forwarded to the Code Administration and Planning Manager or his /her designee d. A Type II Commission review decision shall be final and binding unless it is appealed to the city of Yakima Hearing Examiner by the aggrieved person, public agency or other legal entity The appeal must be in writing on forms provided by the Commission, and filed with the Hearing Examiner within fourteen (14) calendar days of the date of the decision. The written appeal must specify all grounds for the appeal, request a hearing before the Hearing Examiner and be accompanied by an appeal fee of one hundred dollars ($100 00) The Hearing Examiner shall set a date, time and place for the appeal hearing The record on appeal shall be limited to that record developed before the Commission at its public meeting to review the application. The Hearing Examiner shall apply the design review criteria established by the Commission in considering the appropriateness of the Commission decision. After the hearing, the Hearing Examiner shall make the final and conclusive written determination regarding the appeal. 15 11.60.060 Review and monitoring of properties for special property tax valuation. A. Time Lines. (1) Special Property Tax Valuations Applications shall be forwarded to the Commission by the assessor within ten (10) calendar days of filing (2) Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made (3) Commission decisions regarding the applications shall be certified in writing and filed with the assessor within ten (10) calendar days of issuance B Procedure (1) The assessor forwards the applications to the Commission. (2) The Commission reviews the apphcation(s), consistent with its rules of procedure, and deternunes if the application(s) are complete and if the properties meet the criteria set forth in WAC 254 -20- 070(1) (and as may be amended) and listed in subsection C of this section. a. If the Commission finds the properties meet all the criteria, then, on behalf of the city of Yakima, it shall enter into a historic preservation special valuation agreement with the owner in a form set forth in WAC 254 -20 -120 (and as may be amended) and listed in subsection D of this section. Upon execution of the agreement between the owner and Commission, the Commission shall approve the application. b If the Commission determines the properties do not meet all the criteria, then it shall deny the application. (3) The Commission shall certify its decision in writing and state the facts upon which the approval or denial is based and file copies of the certification with the Yakima County Assessor (4) For approved applications, the Commission shall a. Forward a copy of the agreement, application, and supporting documentation (as required by WAC 254 -20- 040(4) (and as may be amended) and identified in subsection C(2) of this section to the Assessor, b Notify the state review board that the properties have been approved for special valuation, and c. Monitor the properties for continued compliance with the agreements throughout the ten -year special valuation period, including but not limited to any special valuation agreements that were entered into under the authority of YMC Chapter 1160 and that are still in effect. (5) The Commission determines, in a manner consistent with its rules of procedure, whether or not a property is disqualified from special valuation either because of a. The owner's failure to comply with the terms of the agreement; or 16 b A loss of historic value resulting from physical changes to the building or site (6) In the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings C Criteria for Special Valuation. (1) Historic Property Criteria. The class of historic property eligible to apply for special valuation in the city of Yakima means all properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW (and as may be amended), until the city of Yakima becomes a Certified Local Government (CLG) Once the Yakima becomes a CLG, the class of property eligible to apply for Special Valuation in Yakima means all properties listed on the Yakima and National Registers of Historic Places or properties certified as contributing to a Yakima or National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW (and as may be amended) (2) Apphcation Criteria Complete applications shall consist of the following documentation. a. A legal description of the historic property, b Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, c. Architectural plans or other legible drawings depicting the completed rehabilitation work, d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the Commission upon request, and e For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or Code Administration and Planning Manager or his /her designee indicating the property is a certified historic structure (3) Property Review Criteria In its review the Commission shall determine if the properties meet all the following criteria a. The property is historic property, b The property is included within a class of historic property determined eligible for special valuation by the city of Yakima under subsection C(1) of this section, c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26 020(2) (and as may be amended), and 17 identified in subsection C of this section within twenty -four months prior to the date of application, and d. The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's standards for the rehabilitation and maintenance and maintenance of historic properties (WAC 254 -20- 100(1)) (4) Rehabilitation and Maintenance Criteria. The Washington State Advisory Council's standards for the rehabilitation and maintenance of historic properties in WAC 254 -20 -100 (and as may be amended) shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified D Agreement The historic preservation special valuation agreement in WAC 254 -20 -120 (and as may be amended) shall be used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26 050(2) E Appeals Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to superior court under RCW 34.05 570 in addition to any other remedy of law Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the County board of equalization." Section 3 If any section, subsection, paragraph, sentence, clause or phrase of this ordinance, or any provision �f the Yakima Municipal Code established by this ordinance, is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance, or other provisions of the Yakima Municipal Code established by this ordinance 18 Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18 day of January, 2005 S / Paul P George, Mayo ATTEST K 2 City Clerk Publication Date 1 -21 -2005 Effective Date 2 -20 -2005 19 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO . FOR MEETING OF January 18, 2005 ITEM TITLE Consideration of Amendment to Historic Preservation Ordinance SUBMITTED BY iam Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE William Cook, 575 -6113 SUMMARY EXPLANATION As a Northwest city with a nch past, Yakima's architectural character is influenced greatly by its many historic buildings, parks and physical features The citizens of the city clearly regard the established neighborhoods and older homes as assets worth preserving and maintaining To some degree, the commercial buildings and industrial areas reflect the same value for the maintenance and reuse of well built older structures Currently, the City of Yakima has in place a rather narrow section of the City Code that encourages the reuse and rehabilitation of quality older buildings but it does not have a conventional municipal program for recognizing histonc buildings and sites Perhaps more importantly, it does not have an effective set of tools to encourage investment in histonc building rehabilitation and to promote historic preservation as a component in economic development and urban design In exploring potential amendments to the historic preservation sections of the City Code, and with the assistance of Michael Sullivan of Artifacts, Inc we have prepared the attached proposed ordinance based on model programs currently in place in many cities across the State of Washington The attached proposed Yakima Histonc Preservation Ordinance will create a Continued on the next page Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt proposed ordinance BOARD RECOMMENDATION Council Economic Development Committee recommends approval of the proposed Ordinance COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005 -02 Yakima Historic Preservation Commission (appointments to be made by Council at a future date) establish the mechanisms for designating local historic buildings and places, provide for a design review process and extend to local historic properties the investment incentives and protections available under state and federal law The draft ordinance addresses concerns about excessive control over private property by creating a voluntary program that links economic incentives to reasonable, sound design guidelines The objective is to encourage and assist developers and property owners that are already interested in preserving and rehabilitating their historic buildings and structures In a broader sense, the ordinance becomes a vehicle for the City of Yakima to develop some basic urban design themes for the city and improve its visual and physical condition and character By encouraging building reuse and rehabilitation in concentrated districts and clusters, the City can also enhance property values, create a richer experience for visitors and tourists, and help create new living and working spaces for Yakima's residents