HomeMy WebLinkAbout03/15/2011 09 Barge-Chestnut Neighborhood Historic District Design Review Guidelines and Certificate of Appropriateness BUSINESS OF THE CITY COUNCIL •
YAKIMA, WASHINGTON
• AGENDA STATEMENT Gr
Item No.
For Meeting of: March 15, 2011
ITEM TITLE: Consideration of Report of Design Review Guidelines and Certificate of
Appropriateness for Barge - Chestnut Neighborhood Historic District
SUBMITTED BY: Joan Davenport, Acting Director Community and Economic Development
CONTACT PERSON /TELEPHONE: Vaughn McBride, Associate Planner (576 -6315)
SUMMARY EXPLANATION:
The Barge- Chestnut Neighborhood Historic District Report is an update of the historic district's
proposed design review guidelines and Certificate of Appropriateness for proposed changes to
historic properties, as required by the city's Historic Preservation Ordinance, and in accordance
with YMC 11.62.050, Review of Changes to Yakima Register of Historic Places properties.
• Resolution _ Ordinance Contract _ Other Barqe- Chestnut Neighborhood Historic
District Design Guidelines Status Update
•
Funding Source
APPROVAL FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION: Historic Preservation Commission, Council Neighborhood
Development Committee, and Barge- Chestnut Neighborhood Association have reviewed and
recommend approval of the design review guidelines as proposed.
COUNCIL ACTION:
MEMORANDUM
•
DATE: March 15, 2011
TO: Honorable Mayor
City Council
Michael Morales, Acting City Manager
FROM: Vaughn McBride, Associate Planner
Joan Davenport, Acting Director of Community &
Economic Development
SUBJECT: BARGE - CHESTNUT NEIGHBORHOOD
HISTORIC DISTRICT DESIGN GUIDELINES
STATUS UPDATE
On June 23, 2010 the Historic Preservation Commission issued a recommendation for
approval of design review guidelines, as prepared and submitted by the Barge- Chestnut.
Neighborhood Association (BCNA), and Certificate of Appropriateness for the Barge -
Chestnut Neighborhood Historic District in accordance with YMC 11.62.050, Review of
Changes to Yakima Register of Historic Places properties.
On July 20, 2010 the City Council remanded the issue to the Neighborhood Development
Committee and city's Historic Preservation Commission for further discussion and
clarification. The Neighborhood Development Committee, at it meeting of August 25,
2010, recommended approval of the BCNA design review guidelines and Certificate of
Appropriateness process. Concerns about the design standards from Council members
and the public prompted the Barge- Chestnut Neighborhood Association to submit a
written request, dated October 1, 2010 for a study session with council members
(attached as Exhibit 1).
1
At the Council's October 6, 2010 public meeting the council deferred the issue (Item #7
on Agenda) to a future date, following reconsideration by the Neighborhood
Development Committee of the proposed guidelines and its potential impact on affected
properties within the historic district.
In the interim the Barge- Chestnut Neighborhood Association submitted written
declaration of their desire to replace the proposed guidelines (attached as Exhibit 2 and
3), as prepared by the BCNA membership and approved by their board, with Secretary of
Interior Guidelines for Rehabilitation of Historic Buildings (attached as Exhibit 4),
adopted and incorporated into the Historic Preservation Commission Bylaws, dated
August 24, 2005. The Neighborhood Development Committee recommended approval
of this request at its January 26, 2011 meeting.
The intent of design review guidelines for historic designated properties /districts is to
have in place a process for retaining or returning a property to a state of utility, through
repair or alteration which makes possible an efficient contemporary use while preserving
those portions and features of the property which are significant to its historic,
architectural, and cultural values.
The design review process for historical designated properties provides for appropriate
review of repair and alteration proposed to portions and features of property significant to
its designation and listing on local, state and national registers. Review of changes to
structures in the Local Historic District is required by the Historic Preservation Ordinance
that enables the City to establish local designation.
Properties within the District
There are 216 homes within the BCNA District, Phase I. All properties designated in
Phase One of the district were listed on the register based on exterior features
contributing to the historic significance of the structures. Thus, exterior changes to
district homes may be subject to review.
2
•
Review of structural changes to historic properties may require a Certificate of
Appropriateness prior to obtaining a permit. Exempt activities that do not require a
Certificate of Appropriateness or any review by the commission include ordinary repairs
and maintenance which do not affect or alter significant historic features; that do not
utilize substitute materials; and emergency repair measures necessary to prevent
destruction or dilapidation of real property or structural appurtenances immediately
threatened or damaged by fire, flood, earthquake or other disaster in accordance with
11.62.030.
The Washington State model ordinance for Certified Local Governments (CLG) which
enable local historic districts and historic properties requires review of changes to listed
structures. In order to achieve the comprehensive plan and historic preservation goals to
safeguard the heritage of Yakima YMC 11.62.050 calls for the implementation of a two -
part evaluation system to identify the materials, features and combinations of features
that give significance to properties of districts on the Yakima Register of Historic Places,
and assessment of the potential impact or effect of rehabilitation work necessary for
II) efficient contemporary use of the subject property.
The Code Administration and /or Planning Manager shall report to the commission any
application for a permit to work on a designated Yakima register of historic places
property. Requests for review and issuance of a Certificate of Appropriateness or waiver
shall be reported to the commission. The Historic Preservation Commission or
commission staff shall notify the applicant of review requirements associated with their
request.
There shall be two types of reviews for issuance of a Certificate of Appropriateness.
Type I Review is an administrative review by commission staff for repairs and
replacements in -kind.
4110
3
Type I Commission Staff Review
110 Type I applications for review for Certificates of Appropriateness shall be reviewed by
the Commission staff. Type I Commission staff review decisions shall be made within
thirty (30) days from the date on which the commission staff receives a fully complete
application. Type 1 Commission staff review decisions shall be final and binding unless
it . is appealed to the commission by the aggrieved person, public agency or other legal
entity.
Type II Commission Review
Type II Review shall include a public meeting review by the Historic Preservation
Commission for any alteration in the appearance of a significant contributing feature, the
replacement of historic material (other than in -kind) in a significant feature, and /or
additions to a Yakima register property; new construction on a' Yakima register property
or in a historic district; demolition or removal of a Yakima register property. The
Commission shall issue a written decision which shall set forth a finding of fact and
conclusions which constitute the basis for the decision. 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 Hearing
Examiner shall apply the design review criteria established by the commission in
considering the appropriateness of the commission decision.
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. The commission shall
consider these and other alternatives to demolition as part of its Type II review process.
Summary of Status
• Secretary of Interior's Standards for Rehabilitation are current in effect, and
referenced in our local ordinance, as adopted in August 2005
• Implementation of Certificate of Appropriateness process will begin
4
• All 216 properties in BCNA, Phase I have been `Tagged' in city's Permit system
• Phase II nominations are near completion for inclusion into Historic District
' List of Exhibits
1. Barge- Chestnut Neighborhood Association letter, dated September 30, 2010.\
2. Barge- Chestnut Neighborhood Association /Chairman Gary Forrest letter, dated
January 13, 2011.
3. Barge- Chestnut Neighborhood Association written comments, dated January 26,
2011.
4. Secretary of Interior's Standards for Rehabilitation.
• •
5
-, Exhibit 1
Barge- Chestnut Neighborhood Association
0113 For a Safe, Viable and Historic Neighborhowe.
RECEIVED
CITY OF YAKIMA
� 1(� L1 2011 f eptember 30, 2010
•
Micah Cawley OFFICE OF CITY COUNCIL RECEIVED
City of Yakima Mayor
Dick This OCT 0 4 ZOTG
Yakima City Manager
CITY OF YAKIMA
PLANNING DIV.
Gentleman,
In agreement with, and on behalf of, the co- chairs of the Barge - Chestnut Neighborhood Association
Historic Committee, I request a postponement of the October 5, 2010 public hearing concerning the
Design Review Guidelines for the BCNA Historic District. We feel this is the proper step to take
considering the misunderstandings that currently exist in the community concerning the limited scope
and impact of these proposed guidelines. It is obvious that we have not been able to provide sufficient
information to those who have concems.
We also request a date for a study session to allow us to more fully inform those who have concerns and
to incorporate agreed upon changes to the guidelines to address the concerns identified during the study
session. We feel once we are able to more fully address their concerns, and provide accurate
information, interested community members will see these guidelines are not as restrictive as feared.
Hopefully participants in this discussion will realize that, in fact, the proposed guidelines provide
homeowners the freedom to maintain their homes, and potentially receive a tax incentive to do so, while
helping to maintain the historic integrity of their property and the unique neighborhood in which they
have chosen to reside.
Thank you for your consideration of this request. You may reach me at 952 -5088.
Walt Ranta
President of the Barge - Chestnut Neighborhood Association
41)
BCNA • c/o 211 S. 24 Avenue • Yakima, WA 98902
From: Gary. and Sandy Forrest [gsforre @msn.com]
Sent: Thursday, January 13, 2011 8:36 PM Exhibit 2
To: Nancy Kenmotsu; McBride,, Vaughn
Subject: BCNA & Design Review Guidelines
• Nancy, Vaughn,
As Chairman of the BCNA Historic Preservation Committee and a member of the BCNA Board of
Directors, I would like to address the Historic Preservation Commission at its next meeting, Jan
26, 2011 to explain the BCNA's position on Design Review Guidelines. The Board has decided to
withdrawn from pursuing design review guidelines drafted specifically for the Barge- Chestnut
Historic District. We are content to move forward under the Secretary of Interior's Guidelines for
Rehabilitation and Maintenance of Historic Structures as referenced in the City of Yakima's
Historic Preservation Ordinance and as further referenced in the Historic Preservation
Commission's By -laws.
Gary
•
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January 26, 2011
Exhibit 3
Monthly Meeting
Yakima Historic Preservation Commission
Council Chambers
Yakima City Hall
Commissioners, Good Afternoon
My name is Gary Forrest and I live at 3011 Barge St in Yakima. I am a member of the
BCNA executive board and chairman of the BCNA Historic Preservation Committee.
I am here today to continue our discussion on design review guidelines for the Barge -
Chestnut Neighborhood Historic District.
I'm sure all of you remember the public tug -of -war we had with the subject this last fall.
You know, the one that started to get nasty and turn into a political brawl between
historic preservationists and those supporting the "tear down town" image. The BCNA
was trying to add clarity and understanding to the situation with the help of this
Commission and the City Planning Dept. (help that was and is very much appreciated).
We were seen by some as threatening home owner's property rights. I for one was a bit
naive and under - educated.
From a meeting held on September 30, 2010 . with representatives from this Commission,
City Planning, City Council and the BCNA, the BCNA received some very good advice;
step back, apologize for failing to educate the community and regroup. With a letter
from this Commission and one from the BCNA both to the City Council, delay of
consideration was given to the BCNA design guidelines and the subject was removed
from Council's agenda for their October 5th meeting. This action has given the BCNA
Board time to reflect on what has happened and who the players are and to develop
a path forward.
With a better understanding of the City's Historic Preservation Ordinance and this
Commission's Bylaws, the BCNA is satisfied and content to move forward under the
standards and design guidelines already adopted by this Commission at its regular
monthly business meeting on August 24, 2005, namely the Secretary of Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
The BCNA understands that it is the duty of this Commission and the Planning staff to be
in agreement on the interpretation and application of these standards and guidelines
and hopes that Commissioner Rainka's resent writings on the subject will be found
invaluable in this matter.
Thank you for allowing me this time.
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significant to its historic, architectural, ".`. 4.2,
and cultural values. "•
Credits .
Initially developed by the Secretary of the Interior to determine the
appropriateness of proposed project work on registered properties within the
Historic Preservation Fund grant -in -aid program, the Standards for
Rehabilitation have been widely used over the years -- particularly to
determine if a rehabilitation qualifies as a Certified Rehabilitation for Federal
tax purposes. In addition, the Standards have guided Federal agencies in
carrying out their historic preservation responsibilities for properties in Federal
"Rehabilitation" is ownership or control; and State and local officials in reviewing both Federal
defined as "the and nonfederal rehabilitation proposals. They have also been adopted by
process of historic district and planning commissions across the country.
returning a property
. to a state of utility, •
through repair or The intent of the Standards is to assist the long -term preservation of a
alteration, which property's significance through the preservation of historic materials and •
makes possible an features. The Standards pertain to historic buildings of all materials,
efficient construction types, sizes, and occupancy and encompass the exterior and
contemporary use interior of the buildings. They also encompass related landscape features and
while preserving the building's site and environment, as well as attached, adjacent, or related
those portions and new construction. To be certified for Federal tax purposes, a rehabilitation
features of the project must be determined by the Secretary to be consistent with the historic
property which are character of the structure(s), and where applicable, the district in which it is
significant to its located.
historic,
architectural, and As stated in the definition, the treatment "rehabilitation" assumes that at least
III cultural values." some repair or alteration of the historic building will be needed in order to
• provide for an efficient contemporary use; however, these repairs and
alterations must not damage or destroy materials, features or finishes that are
• important in defining the building's historic character. For example, certain
treatments - -if improperly applied - -may cause or accelerate physical
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deterioration of the historic building. This can include using improper repointing
or exterior masonry cleaning techniques, or introducing insulation that
damages historic fabric. In almost all of these situations, use of these materials
and treatments will result in a project that does not meet the Standards.
Similarly, exterior additions that duplicate the form, material, and detailing of
the structure to the extent that they compromise the historic character of the
structure will fail to meet the Standards.
`' The Secretary of the Interior's
Standards for Rehabilitation
The Standards (Department of Interior
regulations, 36 CFR 67) pertain to historic
buildings of all materials, construction types,
• sizes, and occupancy and encompass the
exterior and the interior, related landscape
— features and the building's site and environment
as well as attached, adjacent, or related new
construction. The Standards are to be applied to
specific rehabilitation projects in a reasonable
manner, taking into consideration economic and
technical feasibility.
•
1. A property shall be used for its historic
purpose or be placed in a new use that requires minimal change to the
defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
• that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a property shall be
preserved.
The Standards are
to be applied to 6. Deteriorated historic features shall be repaired rather than replaced.
specific Where the severity of deterioration requires replacement of a distinctive
rehabilitation feature, the new feature shall match the old in design, color, texture, and
projects in a other visual qualities and, where possible, materials. Replacement of
reasonable missing features shall be substantiated by documentary,
manner, taking pictorial evidence, y men Y� physical, or
into consideration
economic and physical 7. Chemical or h sical treatments such as sandblasting, that cause.
technical
feasibility. damage to historic materials shall not be used. The surface cleaning of
structures, if appropriate, shall be undertaken using the gentlest means
possible.
8. Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall •
not destroy historic materials that characterize the property. The new
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work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic
integrity of the p roperty and its environment.
10. New additions and adjacent or related new construction shall be
411 undertaken in s uch a manner that if removed in the future, the essential
form and integrity of the historic property and its environment would be
unimpaired.
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CITY OF YAKIMA
HISTORIC PRESERVATION COMMISSION
BYLAWS
•
(Adopted by the Yakima Historic Preservation Commission on August 24, 2005)
SECTION I: GENERAL RULES AND PROCEDURES
These Bylaws establish the rules and procedures under which the Yakima Historic Preservation
Commission (YHPC or Commission) executes those duties and functions set forth in the Historic
Preservation Ordinance (No. 2005 -2) of the Yakima Municipal Code.
A. COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF
1: The Commission shall consist of seven (7) members. They shall be appointed and /or re- appointed
at the expiration of their term by the Mayor and confirmed by the City Council and shall be
residents of the city of Yakima. 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. 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. Membership on
the Commission shall be selected without respect to political affiliation.
2. The Commission shall always include at least three professionals who have experience in
evaluating the disciplines of history, architecture, architectural history, historic preservation,
planning, cultural anthropology, archaeology, cultural geography, or American studies. The
temporary vacancy or unavailability of one or more of these members shall not invalidate any
Commission action unless that action is related to meeting Certified Local Government
responsibilities as cited in the Certification Agreement between the Mayor of Yakima and the State
Historic Preservation Officer.
3. The Commission will, by majority vote, elect a Chair and Vice Chair at the first meeting of each
year who will serve throughout that year. The chair will serve no more than two consecutive terms.
The Chair:
a. Decides all points of order and procedural matters subject to rules and Bylaws.
b. May appoint committees as necessary to investigate and report on matters before the
Commission.
The Vice Chair will serve in place of the Chair in case of his /her absence and will have the same
powers and duties.
4. Commission 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
and consultants as may be necessary to aid the Commission in carrying out its duties and
responsibilities under this chapter.
Yakima Historic Preservation Commission Bylaws — August 24, 2005
SECTION I General Rules and Procedures Page 1 of 21
•
B. The Commission members shall not receive any salary or other compensation for services rendered on
the Commission, but necessary expenses actually incurred and within the budget as set by the annual
budget ordinance shall be paid.
C. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired
terms. Members may be removed by the Mayor with the approval of the City Council for inefficiency,
neglect of duty, or malfeasance in office. Other reasons for removal may include:
1. Absence from three consecutive regular meetings or six regular meetings in a twelve -month
period which shall be regarded as constituting resignation from the Commission. This
information will be forwarded to the Mayor and City Council by Staff. Reinstatement may be
sought through a hearing by the Commission.
2. Participation in a legally demonstrable case of conflict of interest.
Excused absences (sickness, death in the family, business trips or emergencies) will not affect the
member's status as in (1) above, except in the case of extended illness or long absence in which case the
member shall be replaced. When a member is approaching the maximum number of absences he /she
will be notified by Staff. Verification of attendance will be based exclusively on the minutes of each
meeting.
D. No member of the Commission shall represent the Commission in its official actions except as
specifically authorized by majority vote.
E. Commission members shall refrain from discussing or expressing opinions on matters on the
Commission's agenda outside of Commission meetings except as authorized in (D) above, or on
direction from the Chair.
F. To avoid conflict of interest, no Commission member shall vote on the determination of any application
or determination in which he /she or members of his /her immediate family have a financial interest.
G. Commission members shall not vote on any application or determination unless he /she has been in
attendance at previous deliberations on the subject or shall have the approval of the Chair contingent on
the Chair's determination that the member has familiarized himself/herself with the subject and the
minutes of any meetings where the subject was discussed.
H. PROCEDURES FOR CONDUCTING REGULAR MEETINGS
1. Pre - meeting
•
a. If there are agenda items, regular meetings will be held at 4:00 p.m. on the fourth
Wednesday of every month in the City Council chambers. In case of scheduling conflicts
the meeting place may be changed at the discretion of the Chair with ten days advance
notice given to Commission members and the public. If the fourth Wednesday of the
month falls on an official holiday, the meeting may be changed to a time and place as
determined by the Commission at the preceding month's meeting. If such a change occurs,
the regular meeting place will be posted as to the new time and place.
b. If there are no agenda items, the Chair may cancel the regular meeting after giving all
Commission members 24 hours and the public 24 hours advance notice. However, if a
majority of Commission members express the desire to hold the meeting, it shall convene
as scheduled. If the meeting is canceled, a notice to that effect will be posted at the
regular meeting place at the regular time.
Yakima Historic Preservation Commission Bylaws — August 24, 2005
SECTION I General Rules and Procedures Page 2 of 21
c. Special meetings may be called by the Chair or by a majority of Commission members.
Commission members will be given at least 48 hours advance notice of the time and place
of such meetings.
d. All regular and special meetings will be open to the public and the date, place and agenda
will be publicized in accordance with the Open Public Meetings Act (Chapter 42.30
RCW) except when a majority of Commission members determine that an executive
session is necessary as detailed in the Open Public Meetings Act (Chapter 42.30.110). The
agenda for regularly scheduled meetings shall be posted and advertised 48 hours prior to
the regularly scheduled meetings.
e. The order of agenda items will be determined by their order of receipt or as Commission
Staff deems appropriate. All applications for Designation Review, Design Review for
Certificate of Appropriateness, Special Valuation review and National Register of Historic
Places review must be filed at least four weeks before the meeting at which the case is to
be considered. This allows staff sufficient time to copy and distribute materials to
Commission members.
f. Staff shall be responsible for notifying principles in each matter as specified under the
rules for review procedures.
2. Regular Order of Business for Meetings
a. Business will be conducted under Robert's Rules of Order except where this contradicts
with the Bylaws or other special rules adopted by the Commission, which then take
precedence. All issues will be decided by simple majority vote except amendments to the
Bylaws, which require a vote of two - thirds of the membership.
b. Four members or 51 percent of the non- vacant membership of the Commission constitutes
a quorum. Meetings without a quorum will be recessed to the earliest possible date.
c. Minutes will be taken during all Commission proceedings. Additionally, the meetings
may be videotaped to further clarify the minutes.
d. The regular order of business shall be as follows:
1) Call to order
2) Adoption of minutes
3) Report of committees (if any)
4) New business
5) Old business
6) Adjournment
e. The regular order of business for consideration of applications for local or National
Register review, design review and special valuation review shall be as follows:
1) The Commission Staff person shall offer a preliminary statement or Staff Report
concerning the application.
Yakima Historic Preservation Commission Bylaws — August 24, 2005
SECTION I General Rules and Procedures Page 3 of 21
2) The applicant or the designated agent of the applicant presents statements in favor
of the application including relevant pictures, drawings, models, etc.
3) Public comments.
4) Rebuttal by all concerned parties.
5) Deliberation by Commission.
6) Motion for action.
7) Vote.
During the course of the meeting, the above procedure may be temporarily modified by
the concurrence of all parties and the Commission.
f. The Commission shall act on each application at the meeting unless the Chair or a
majority of the Commission decides to defer consideration to a later date. Requests for
continuance may be granted if all parties agree. The continuance will be publicly
announced by the Chair, and the matter is automatically set on the agenda for the next
regularly scheduled meeting. In such a case, no further notice is required for the
principles in the case.
3. Post - meeting
a. Staff will be responsible for notifying participants as called for under rules for specific
review procedures.
b. Staff will be responsible for forwarding materials to participants as called for under rules
for specific review procedures.
c. Staff will be responsible for distributing the minutes of the meeting.
•
Yakima Historic Preservation Commission Bylaws — August 24, 2005
SECTION I General Rules and Procedures Page 4 of 2 ]
SECTION II: RULES AND PROCEDURES FOR DESIGNATION
REVIEW - YAKIMA REGISTER OF HISTORIC PLACES
Under the provisions of the Yakima Historic Preservation Ordinance, the Yakima Historic
Preservation Commission (or Commission) is directed to initiate and maintain a Yakima Register
of Historic Places (YRHP or Register) and to review nominations to the Register.
Any building, structure, site, object or district may be placed on the Register if:
1. The Commission determines that it meets YRHP criteria.
2. The Yakima City Council approves it.
Any individual, group of property owners or other interested group or association, City Council member,
Yakima Historic Preservation Commission member or Commission as a whole may nominate a building,
structure, site, object or district for inclusion on the Register. Owner consent is required for placement on
the YRHP.
A: PROCEDURES FOR DESIGNATION REVIEW HEARINGS
1. Pre - hearing
a. Applicant or Designated Agent:
1) Communicates with Commission Staff concerning the nomination form and
the necessary documentation.
2) Submits the completed nomination form to Staff at least four weeks before
the regularly scheduled meeting at which the nomination form is to be
considered.
b. Staff:
1) Meets with the applicant concerning the nomination form and the required
documentation, if necesary.
2) Reviews the nomination form for completeness and includes the item on the
agenda. Staff review may include meetings with owners and adjacent
property owners, interviews, historic research and examination of the
property.
3) Prepares a report for the Commission based on the review.
4) Arranges with the property owners for an on -site inspection by the
Commission or designated committee.
5) Notifies in writing by first class mail of the time, date, place, and subject of
the hearing 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.
Yakima Historic Preservation Commission Bylaws — August 24, 2005
SECTION II Designation Review YRHP Page 5 of 21
c. Yakima Historic Preservation Commission:
1) Reviews the nomination and Staff report.
2) Visits the property prior to the public hearing.
2. Hearings
a. Public hearings for designation review will occur at regularly scheduled
Commission meetings as detailed in the rules for conducting Yakima Historic
Preservation Commission meetings.
b. The regular order of business for consideration of nominations to the Yakima
Register of Historic Places shall be as follows:
1) The Commission Staff person shall offer a preliminary statement or Staff
report concerning the application.
2) The applicant or the designated agent of the applicant presents statements in
favor of the application including relevant pictures, drawings, etc.
3) Public comments.
4) Rebuttal by all concerned parties.
5) Deliberation by Commission.
6) The motion for the recommendation should be based on the designation
criteria.
During the course of the meeting, the above procedure may be temporarily
modified by the concurrence of all parties and the Commission.
c. Commission members apply the designation criteria to the property or district to
evaluate the nomination, as outlined in Section 11.62.045 of the Historic
Preservation Ordinance. The members should consider information related to the
designation criteria as presented above during the designation hearing and from the
site visit. The Commission:
1) Determines the category of historic property.
2) Establishes the context for evaluating the property.
3) Identifies the level of significance (National, State, local).
4) Evaluates the integrity of the property.
5) Determines if there are special conditions that might make the property
eligible.
6) Determines if the property meets the criteria.
7) Votes on the recommendation.
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SECTION II Designation Review YRHP Page 6 of 21
3. Post - hearing
a. Commission Staff
1) Prepares the Commission's report as a finding of fact, clearly stating the
relevant designation criteria and how the property meets or fails to meet the
criteria.
2) Notifies the owner and applicant in writing of the Commission's
recommendation within fourteen (14) days of the meeting.
3) Forwards the Commission's recommendation, the nomination, and
supporting documentation, including letters of support and opposition, and
the owner's written acknowledgement to the City Council for final
determination.
4) Notifies the Building Inspector if the property is listed on the Register.
5) Notifies applicant of the City Council's final decision.
b. Yakima City Council
Once the case is with the City Council, they can concur with or reject the
Commission's recommendation, or send the case back to the Commission for
further study. If the Council:
1) Concurs with a positive recommendation, then the property is listed on the
Yakima Register of Historic Places (YRHP).
2) Concurs with a negative recommendation, then the property is not listed on
the YRHP.
3) Rejects the recommendation; the case goes back to the Commission.
c. Yakima Historic Preservation Commission
If the recommendation is rejected by the City Council, at the next regularly
scheduled meeting, the Commission:
1) If a positive recommendation was rejected, decides whether any other
protection for the property is necessary or possible, including initiation of
the National Register process.
2) If a negative recommendation is rejected, votes on whether to continue the
case by providing more documentation, or to concur with the Council
decision and list the property on the Register.
B. APPEALS OR RESUBMISSION
1. A negative recommendation or a non - acceptance of an application by the Commission is
not irrevocable. If new information becomes available or if the applicant wishes, the
application may be resubmitted with Commission approval to the Commission. In such a
case, the entire procedure must be repeated.
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SECTION II Designation Review YRHP Page 7 of 21
C. MISCELLANEOUS
1. Once a property has been approved by the Commission for placement on the Yakima
Register of Historic Places, the Certificate of Appropriateness review process becomes
effective. If the City Council does not concur with the Commission's recommendation
and the property is not listed, the review process no longer applies.
2. If the nomination involves an historic district, the boundaries of that district are set with
City Council approval.
3. In the event that any property is no longer deemed appropriate for designation to the
Yakima Register of Historic Places, the Commission may initiate removal by following
the same procedure as provided for listing.
4. In its designation recommendation, the Commission shall consider the Yakima Historic
Inventory and the City Comprehensive Plan.
D. YAKIMA REGISTER OF HISTORIC PLACES CRITERIA
The following are criteria for the inclusion of properties on the Yakima Register of
Historic Places as stated in the Yakima Historic Preservation Ordinance (No. 2005 -2),
Chapter 11.62.
Any building, structure, site, object or district may be placed on the YRHP if it is
significantly associated with the history, architecture, archaeology, engineering, or
cultural heritage of Yakima; has historic integrity; is at least 40 years old, or, if younger,
possesses exceptional importance; and if it meets at least one of the following criteria:
1. It is associated with events that have made a significant contribution to the broad patterns
of national, state or local history.
2. It embodies the distinctive architectural characteristics of a type, period, style, or method
of construction, or represents a significant and distinguishable entity whose components
may lack individual distinction.
3. It is an outstanding work of a designer, builder or architect who has made a substantial
contribution to the art.
4. It exemplifies or reflects special elements of the City's cultural, special, economic,
political, aesthetic, engineering or architectural history.
5. It is associated with the lives of persons significant in national, state or local history.
6. It has yielded or is likely to yield important archaeological information related to history
or prehistory.
7. It 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. It is a birthplace or grave of an historical figure of outstanding importance and is the only
surviving structure or site associated with that person.
9. It is a cemetery that derives its primary significance from age, from distinctive design
features, or from association with historic events or cultural patterns.
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SECTION II Designation Review YRHP Page 8 of 21
10. It is a creative and unique example of folk or vernacular architecture and design created
by persons not formally trained in the architectural or design professions, and which does
not fit into formal architectural or historical categories.
E. APPLICATION STANDARDS FOR YAKIMA REGISTER OF HISTORIC PLACES
An acceptable Yakima Register of Historic Places application is a nomination form completed
according to the guidelines as presented in Yakima Register of Historic Places, Guidelines for
Completing the Nomination Form, which may be obtained from the Commission Staff.
All interior and exterior features and outbuildings that contribute to the designation should be
documented and described. District designations should include a description of proposed
district boundaries, the characteristics of the district which justify its designation, and a list of all
properties including features, structures, sites, objects and open spaces which contribute to the
designation of the district.
The Guidelines for Completing the Nomination Form contains the minimum requirements for
application and describes the review process. Uncompleted forms or those with insufficient
documentation will not be considered and will be returned to the applicant to complete the form.
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SECTION II Designation Review YRHP Page 9 of 21
SECTION III: RULES AND PROCEDURES FOR DESIGN REVIEW -
YAKIMA REGISTER OF HISTORIC PLACES
Design Review is the process through which the Yakima Historic Preservation Commission
(Commission) reviews proposed changes to Yakima's historic resources. Once a property is listed on the
Yakima Register of Historic Places (YRHP), any work done on the property that would ordinarily
necessitate a building permit will, in addition, require a Certificate of Appropriateness. These activities
include:
1. Demolition of historic structures.
2. Alterations to historic structures.
3. New construction on a historic structure or within historic districts.
4. Excavation on an archaeological site.
Some work may not require a building permit but will still require a Certificate of Appropriateness. The
Certificate of Appropriateness is approved by the Commission as required and under powers granted it by
the Yakima Historic Preservation Ordinance (No. 2005 -02, Section 11.62:050— Review of Changes to
Yakima Register of Historic Places Properties).
These rules shall have no application to ordinary repairs and maintenance, including painting, or to
emergency measures as defined in the Yakima Historic Preservation Ordinance (No. 2005 -02, Chapter
11.62).
A. PROCEDURES FOR CONDUCTING MEETINGS
1. Pre - meeting
a. Applicant/Designated Agent
An applicant wishing to make such changes:
1) Contacts Commission Staff to review design guidelines and proposed
changes on a Yakima Register of Historic Places property or within an
historic district. Commission Staff will determine the type of review for
issuance of a Certificate of Appropriateness. There are two types of
•
review —Type I and Type II. A Type I review is an administrative review by
Commission Staff for repairs and replacements -in -kind. A Type II review is
a public meeting review by the Commission for one of the four activities
outlined above.
2) Submits completed application for Certificate of Appropriateness at least
four weeks before a regularly scheduled meeting.
b. Building Inspector
1) Reports to the Commission Staff on any application for a permit to work on
a designated Yakima Register of Historic Places property or a property
within a designated Yakima Register Historic District.
2) Continues processing the permit.
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SECTION III Design Review Page 10 of 21
3) Works with the Commission Staff in considering fire and building codes.
4) Does not issue permits until the Commission recommendations are received.
c. Commission Staff
1) Notifies the applicant of the Commission review requirements.
2) Transmits design guidelines and information on necessary documentation
and completion of the application form.
3) After the application is submitted, reviews it for completeness.
4) If the form is complete, places the application on the agenda for the next
regularly scheduled meeting.
5) Makes arrangements if necessary for the Commission to visit the property.
This may include interior visitation.
6) Reviews the modifications and prepare a report for the Commission.
d. Yakima Historic Preservation Commission
1. Reviews the application and the Staff report.
2. Visits the property if necessary.
2. Meeting
a. Design review will occur at regularly scheduled meetings.
b. The regular order of business for consideration of design review applications shall
be as follows:
1) The Commission Staff person shall offer a preliminary statement or Staff
Report concerning the application.
2) The applicant or the designated agent of the applicant presents statements in
favor of the application including relevant pictures, drawings, models, etc.
3) Public Comment.
4) Rebuttal by all concerned parties.
5) Deliberation by Commission.
During the course of the meeting, the above procedure may be temporarily
modified by the concurrence of all parties and the Commission.
c. As part of this deliberation, the Commission shall review the proposed work, using
information from the site visit and application materials, comparing this
information with the design review criteria established in Rules. The design
review criteria for Yakima shall be those as outlined in The Secretary of the
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SECTION III Design Review Page 11 of 21
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings and any adopted design guidelines.
1) If the alterations meet the Standards, a Certificate of Appropriateness is
issued.
2) If the alterations fail to meet the Standards, the Certificate of
Appropriateness is not issued and the recommendation is against the
Building Inspector issuing the permit.
3) If the alterations would meet the Standards with modification, the Certificate
of Appropriateness is issued with Conditions of Issuance.
3. Post - meeting
a. Owner /Designated Agent
The owner or designated agent has the following options:
1) If the owner agrees to comply with the Commission's recommendations and
Conditions of Issuance (if any), then he /she receives a Certificate of
Appropriateness.
2) If the owner disagrees with the recommendation, he /she can withdraw the
application and reapply with modifications. The applicant should be
encouraged to reapply to the Commission with modified plans.
b. Commission Staff:
1) Issues the Commission's recommendation as a finding of fact, clearly stating
the intended modifications and how they meet or fail to meet the Secretary
of the Interior's Standards and any City of Yakima Design Guidelines.
2) Within fourteen (14) days of the meeting, notifies the owner /designated
agent in writing of the Commission's decision.
3) Within thirty (30) days of the receipt of the complete application, forwards
the Commission's recommendation, the Certificate of Appropriateness (if
issued) and any Conditions of Issuance to the Building Inspector.
c. Building Inspector
After receiving the application, Certificate of Appropriateness (if issued) and any
Conditions of Issuance from the Commission Staff, the Building Inspector will:
1) Make the final decision on the issuance of the permit.
2) Notify the Commission of its decision.
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SECTION III Design Review Page 12 of 21
B. APPLICATION STANDARDS
Documentation is required for alterations to or demolition of a property on the Yakima Register
or for new construction on an historic property or within a district on the Register. Required
documentation shall minimally include all the materials identified illustrating:
1. Existing conditions.
2. Proposed alterations.
3. Effect and impact on historic properties.
Required documentation include: Certificate of Appropriateness Application Form;
property owner consent/signature; scaled drawings depicting proposed work; clear, color,
photographs (digital or print film); description of proposed scope of work; and samples of
replacement materials.
C. Criteria
The Secretary of the Interior's Standards for Rehabilitation (Standards) are ten basic principles
created to help preserve the distinctive character of a historic building and its site, while
allowing for reasonable change to meet new needs. The Standards are to be considered during
the Design Review process and shall guide in the design review criteria. In addition to the
Standards, any design guidelines adopted by the Commission shall also serve as
design review criteria.
To achieve those listed goals and to safeguard the heritage of the City of Yakima as called for in
the Historic Preservation Ordinance, a two -part evaluation is necessary:
Part 1. The identification of those materials, features and combinations of features that
confer significance to properties or districts on the Yakima Register of Historic
Places.
Part 2. Assessing the potential impact 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 style (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 is the primary goal of
the Design Review effort.
This is accomplished through the Design Review process individual to each property. However,
there are preferred options, specified by the Secretary of the Interior, 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.
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SECTION III Design Review Page 13 of 21
The Standards apply to both the exterior and the interior of historic buildings. The Standards
also encompass related landscape features and the building's site and environment as well as
attached, adjacent, or related new construction. The Standards are applied to projects in a
reasonable manner, taking into consideration economic and technical feasibility. The Secretary
of the Interior's Guidelines for Rehabilitation and the following ten Standards shall serve as
design criteria in the Design Review process.
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary, physical, or
pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If
such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property
and its environment would be unimpaired.
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SECTION III Design Review Page 14 of 21
SECTION IV: SPECIAL VALUATION REVIEW:
YAKIMA REGISTER OF HISTORIC PLACES
In 1985, the Washington State Legislature passed a "special valuation" law which makes it possible
for Certified Local Governments (CLGs) to insure that property taxes will not reflect substantial
improvements (for a ten year period) made to certain classes of properties as identified by the
CLG.
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 are eligible for special valuation.
A. PROCEDURES FOR CONDUCTING MEETINGS
1. Pre - meeting
a. Applicant or Designated Agent
At least four weeks month prior to the meeting, the applicant must:
1) Consult Commission Staff prior to beginning rehabilitation work.
2) Submit the application to the County Assessor on a Department of Revenue
form no later than 24 months after initiating work. The application must be
submitted before October 1 for action before December 31 of that year.
3) Monitor construction work to ensure that it conforms to the Washington
State Advisory Council's Standards for Rehabilitation (Standards).
4) Maintain accurate records of project costs and dates.
b. County Assessor
1) Reviews the application for completeness.
2) Verifies the legal owner and legal description.
3) Submits the application to the Commission Staff within ten (10) working
days of receipt of the completed application.
c. Commission Staff
1) Places the application on the agenda for the next regularly scheduled
meeting as long as there is at least twenty (20) days review period before
that meeting. If there is not (twenty) 20 days, the case will be scheduled for
the next month's regularly scheduled meeting.
2) Reviews the application and prepares a report for the Commission.
3) If necessary, arranges a property visitation with the owner for the
Commission.
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SECTION IV Special Valuation Review Page 15 of 21
d. Yakima Historic Preservation Commission:
1) Reviews the application and the Staff report.
2) If necessary, visits the property.
2. Meeting
Special Valuation review will occur at regularly scheduled Yakima Historic
Commission meetings.
a. The regular order of business for consideration of Special Valuation applications
shall be as follows:
1) The Commission Staff shall offer a preliminary statement or Staff Report
concerning the application.
2) The applicant or the designated agent of the applicant presents statements in
favor of the application including relevant photographs, drawings, etc.
3) Public Comments.
4) Rebuttal by all concerned parties.
5) Deliberation by Commission.
During the course of the meeting, the above procedure may be temporarily
modified by the concurrence of all parties and the Commission.
b. Yakima Historic Preservation Commission determines if:
1) The property is on the Yakima Register of Historic Places or within the
•
boundaries of a Yakima Historic District.
2) The work was done within twenty -four (24) months prior to the application
date. The applicant must submit evidence to this effect.
3) The work complies with the Standards by not adversely affecting those
elements that contribute to the property's significance.
4) The "qualified rehabilitation expenditures" constitute at least twenty-five
(25) percent of the assessed value of the property prior to the rehabilitation.
c. If all the conditions are satisfied, the Commission votes on the recommendation to
the City Council.
3. Post - meeting
a. Commission Staff
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SECTION IV Special Valuation Review Page 16 of 21
1) Forwards the recommendation to the City Council within ten (10) days of
the meeting.
2) Notifies the owner in writing within one week of the meeting of the
Commission's recommendation.
3) If the property is ineligible, advises the applicant of the reasons for the
denial and inform him/her of the appeals process.
4) If the City Council grants special valuation status to the property, prepares
the terms of agreement for the Commission.
5) If the applicant signs the terms of agreement and the Commission approves
the application, transmits the application and agreement to the County
Assessor's Office for recording.
6) Notifies the Washington State Advisory Council of the application approval.
7) Monitors, at least once a year during the special valuation ten -year period,
the owner's compliance with the terms of the agreement.
8) If the owner fails to comply with the terms of the agreement or, because of
the rehabilitation the property loses historic value to such an extent that it is
no longer deemed appropriate for inclusion to the Yakima Register of
Historic Places by a majority of the Commission members, notifies the
owner, the assessor, and the Washington State Advisory Council of the
disqualification.
b. Yakima Historic Preservation Commission
1. Enters into an agreement on behalf of the City of Yakima. This agreement
• shall cover the ten -year special valuation period and shall include the
minimum standards as detailed below. The owner shall:
a) Monitor the property for its continued qualification for special
valuation.
b) Comply with rehabilitation plans and minimum standards of
maintenance as defined in the agreement.
c) Make the historic aspects of the property accessible to public view
one day a year, if the property is not visible from the public right -
of -way.
d) Apply to the Commission for reconunended approval or denial of
any demolition or alteration.
e) Comply with any other provisions in the original agreement as may
be appropriate.
2. Upon the execution of the agreement with the applicant, approves the
application.
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SECTION IV Special Valuation Review Page 17 of 21
3. If the property is consequently sold, the Commission enters into an
agreement with the new owner. That agreement will contain those minimum
standards as detailed above and will be effective for the duration of the ten
(10) year period.
c. Yakima City Council
Yakima City Council votes on whether to grant special valuation to the property.
B. APPLICATION STANDARDS
The application shall be completed and reviewed as per Section 11.60.060 Review and
monitoring of properties for special valuation in the Yakima Historic Preservation Ordinance.
For phased projects, complete documentation must be submitted for every phase of the project.
C. CRITERIA
The criteria to be followed in the Special Valuation process is the Secretary of the Interior's
Standards for Rehabilitation as established in the Federal Code of Regulations (36 CFR 67).
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SECTION IV Special Valuation Review Page 18 of 21
•
SECTION V: NATIONAL REGISTER REVIEW
As a Certified Local Government (CLG) under the National Historic Preservation Amendments Act of
1980 (P.L. 96 -515), one of the principle duties of the City of Yakima is to take responsibility for review
of nominations of properties to the National Register of Historic Places. Under the State of Washington
Certified Local Governments Program Requirements and Procedures (Section III(A)) and in accordance
with the CLG Certification Agreement between the City of Yakima and the State Historic Preservation
Officer (SHPO) of Washington, the Yakima Historic Preservation Commission (or Commission), is made
responsible for reviewing National Register Nominations.
These rules and regulations are intended to satisfy the State of Washington Certified Local Governments
Program Requirements and Procedures (Section 1 (G)) which requires CLGs to establish local laws,
Bylaws or administrative rules, that will provide for participation in the National Register Nomination
process.
Within thirty (30) days after receipt of an adequately documented National Register Nomination Form,
the State Historic Preservation Officer (SHPO) notifies the property owner and the Mayor of Yakima and
forwards a copy of the nomination to the Commission.
If qualified Staff, Commission members, or consultants are not available the review must be expedited.
Expedited review can be initiated locally by the CLG or at the State level by SHPO. A locally initiated
request for expedited review must contain the signatures of the Mayor and the Chair of the Commission.
A. RULES AND PROCEDURES
1. Pre - hearing
a. Commission Staff
1) Schedules a hearing or determines need for an expedited review.
2) At least one week prior to the hearing, notifies the public by posting legal
notice.
3) At least one week prior to the hearing, notifies in writing the applicant, all
principle property owners and persons, organizations, or legal entities
residing, leasing or owning contiguous properties of the date, time and
location of the hearing.
4) Shall schedule a site visit for the Commission.
5) Shall prepare and mail materials to Commission members.
6) Staff, or a qualified consultant, shall visit the site and prepare the Staff
recommendation.
7) In case of a locally initiated expedited review, prepare letter of request,
obtain the signatures of the Commission Chair and the Mayor, and mail the
letter to the SHPO.
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SECTION V National Register Review Page 19 of 21
b. Yakima Historic Preservation Commission shall:
1) Review the nomination.
2) Visit the property.
3) In case of a locally initiated expedited review, the Chair signs the request.
2. Hearing
Designation review will occur at specially scheduled hearings. Nominations will be
considered in the order in which the Commission received them.
The Yakima Historic Preservation Commission:
a. Commission members apply National Register criteria to the property or district to
evaluate the nomination. The members should only consider information related to
the designation criteria as presented in federal regulations (36 CFR 60 and 36 CFR
63) during the review.
b. Determines the category of historic property.
c. Establishes the context for evaluating the property.
d. Identifies the level of significance.
e. Evaluates the integrity of the property.
f. Determines if there are special conditions that might make the property eligible.
g. Determines if the property meets the criteria.
3. The regular order of business for consideration of applications for National Register
review shall be as follows:
a. The Commission Staff shall offer a preliminary statement or Staff Report
concerning the nomination.
b. The applicant or the designated agent of the applicant presents statements in favor
of the nomination including relevant photographs, drawings, etc.
c. Public Comments.
d. Rebuttal by all concerned parties.
e. Deliberation by Commission. The motion for designation should be based on the
designation criteria.
During the hearing, the above procedure may be temporarily modified by the concurrence
of all parties and the Commission.
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SECTION V National Register Review Page 20 of 21
4. Post - hearing
After the hearing, Commission Staff will:
a. Prepare the Commission's report as a Finding of Fact. The Finding of Fact should
clearly state the relevant designation criteria and how the property meets or fails to
meet the criteria.
b. Forward the Commission's recommendation and the application to the Mayor for
the official recommendation.
c. The Commission's report and the Mayor's recommendation must be returned to
SHPO within 60 days of the original delivery date.
B. APPLICATION STANDARDS
An acceptable National Register of Historic Places application is a nomination form completed
according to uniform guidelines as presented in "National Register of Historic Places,
Washington State Register of Historic Places: A Nomination Guide" from the Washington State
Department of Archaeology and Historic Preservation (DAHP).
The National Register of Historic Places Form, available from DAHP, must be typed and
completely filled in. Blanks that are not applicable to the property should be filled with "N /A ".
All interior and exterior features and outbuildings that contribute to the designation should be
mentioned and described. District designations should include a description of proposed district
boundaries, the characteristics of the district which justifies its designation, and a list of all
properties including features, structures, sites, objects and open spaces which contribute to the
designation of the district.
Incomplete forms or those with insufficient documentation will not be considered and will be
returned to the applicant.
C. CRITERIA
The following are criteria for the inclusion of properties to the National Register of Historic
• Places as established in the Code of Federal Regulations (36CFR 60).
The quality of significance in American history, architecture, archaeology, engineering and
culture is present in districts, sites, buildings, structures and objects that possess integrity of
location, design, setting, materials, workmanship, feeling and association, and:
1. That are associated with events that have made a significant contribution to the broad
patterns of our history; or
2. That are associated with the lives of persons significant in our past; or
3. That embody the distinctive characteristics of a type, period or method of construction, or
that represent the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual distinction;
or
4. That has yielded, or may be likely to yield, information important in prehistory or history.
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SECTION V National Register Review Page 21 of 21
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 chapter 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 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. (Ord. 2005 -02 § 2 (part), 2005).
11.62.020 Short title.
The following sections shall be known and may be cited as the "historic
preservation ordinance of Yakima." (Ord. 2005 -02 § 2 (part), 2005).
,
11.62.025 Applicability.
This chapter applies to any property which fall into the following categories:
A. Property listed or eligible to be listed 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.
(Ord. 2005 -02 § 2 (part), 2005).
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. Improvements outside of but directly attached to the original structure
which are necessary to make the building fully usable 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 for 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 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 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 YMC 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.
O. "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
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 nonextant 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 YMC 11.62.040.
Y. "Yakima register of historic places," "local register," or "register" means the
listing of locally designated properties provided for in YMC 11.62.045. (Ord.
2005 -02 § 2 (part), 2005).
11.62.040 Yakima historic preservation commission.
A. Creation and Size. There is hereby established a Yakima historic
preservation commission consisting of seven members, as provided in
subsection B of this section. 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 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 valid 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
qualified 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 members shall be appointed for one year, three members shall be
appointed for two years, and two members shall be appointed for three years.
Thereafter, the terms shall be made for three years. Membership on the
commission shall be limited to two full consecutive three -year terms.
Reappointment after two full consecutive terms may be made after at least a
one -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.
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 YMC 11.62.045 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 YMC 11.62.050 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 compliance 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.
(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 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. (Ord. 2005 -02 § 2 (part), 2005).
11.62.045 Yakima register of historic places.
A. Criteria for Determining 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 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 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 in 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.
(3) 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.
(4) 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.
(5) 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
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 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.
(6) 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 with subsection (B)(5) 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 listing 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.
(7) 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 historic places may be eligible for
special tax valuation on their rehabilitation under YMC 11.62.060. (Ord. 2005 -02
§ 2 (part), 2005).
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 -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 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 preapplication 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
applicant 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 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 listed below, but not limited to, the following:
i. Repairs (other than ordinary repair and maintenance) using the same
materials and design as the original;
ii. Re- roofing using the same type and color of material;
iii. 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 public 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 significant feature, and /or additions to
a Yakima register property; new construction on a Yakima register property or in
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 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 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. 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.
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 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. 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. (Ord. 2005 -02 § 2
(part), 2005).
11.62.060 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 calendar days of filing.
(2) Applications shall be reviewed by the commission before December 31st
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 calendar days of issuance.
B. Procedure.
(1) The assessor forwards the applications to the commission.
(2) The commission reviews the application(s), consistent with its rules of
procedure, and determines 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- 070(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 11.60 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
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 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) Application 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
M
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 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 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. (Ord. 2005 -02 § 2 (part), 2005).