HomeMy WebLinkAbout06/07/2011 13 Historic Preservaton Ordinance Modifications Status Report • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 3
For Meeting of June 7, 2011
ITEM TITLE: Status Report Regarding Modifications to Historic Preservation Ordinance
SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney
Joan Davenport, Acting Dir. of Community & Economic Development
CONTACT PERSON/TELEPHONE: Joan Davenport (576 -6417)
SUMMARY EXPLANATION:
The attached report and draft ordinance is submitted to City Council as a follow -up to past City
Council discussions related to the Barge. Chestnut Historic District and the City of Yakima
Historic Preservation Ordinance requirements. A number of items are included in this report with
suggested changes that could clarify the procedures for properties within a local historic district.
Resolution Ordinance Draft Other (Specify) Background Report
Contract Mail to (name and address)
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Review proposed changes to Historic Preservation Ordinance
for additional comment
BOARD /COMMISSION RECOMMENDATION: The Historic Preservation Commission
reviewed and commented on a preliminary draft of these changes
COUNCIL ACTION:
CITY OF YAKIMA
0 . LEGAL
DEPARTMENT
200 South Third Street, Yakima, Washington 98901 (509)575-6030 Fax (509)5 -6160
MEMORANDUM
. May 27, 2011
TO: Honorable Mayor and City Council
Richard A. Zais, Jr., City Manager
FROM: Mark Kunkler, Senior Assistant City Attorney
•
Joan Davenport, Planning Manager
-
SUBJECT: Draft Amendments — Historic Preservation Code _ Discussion
0 On May 25, 2011, Planning staff met with the Historic Preservation Commission to
review draft changes to the City's Historic Preservation Code, Chapter 11.62 YMC. The
following is a synopsis of the proposed changes, together with comments and
observations by the Historic Preservation Commission.
First, some overall comments. The Commission favors amendments removing
"noncontributing properties" in an historical district from the requirement to obtain a
"certificate of appropriateness" or waiver of review before work or demolition is
permitted. This would leave only designated properties that are listed as "contributing
properties" in an historical district subject to the Commission's review and approval prior
to performance of work on such properties. This means that a property listed as
"noncontributing" . in an historic district may deal directly with, the city permitting
authorities without seeking prior review and approval by the Commission.
Properties within an historic district that are listed as possessing features of historical
significance contributing to the designation of the historical district ( "contributing
properties ") would follow the existing process of obtaining review by the Commission
prior to issuance of any necessary permit by the City. The City and the Commission
are reviewing possible amendments to the Historic Preservation Code dealing with
situations where no City permit is required for work on a "contributing" property, but the
work may affect a "feature of historical significance" — such as replacement of certain
windows, etc. (The attached Draft Amendment includes a possible amendment to
address this issue - but staff has not yet reviewed this language with the Commission.)
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Memorandum to Honorable Mayor and Members of the City Council
May 31, 2011
•
Page 2
Overall, significant progress has been made toward the goal of presenting a joint
recommendation for amendment of the Code. In large part, the language of the
suggested amendments is drawn from the City of Tacoma Historic Preservation Code.
Here are the specific "bullet point" items under discussion:
• New definitions are proposed in YMC 11.62.030 defining "contributing
property" and "noncontributing property."
• YMC 11.62.045 was discussed. The City had suggested language requiring
any new application for a new district, or to add to an existing district, to be
supported by an application signed by the owner of each "contributing property"
within the proposed new district, which properties equal eighty percent (80 %) of
the total properties within the new district. The current Code allows an
application to be supported by signatures of at least 51% of the proposed district.
In the view of the Commission, the proposed 80% threshold would make
formation of any new district very difficult if not impossible. Moreover, there are
currently applications pending that have been circulated, promoted and signed
under the 51% threshold. Revising the threshold to 80% would jeopardize new
district formation and undo all the work performed on applications currently in
process. In response, the City proposes revising the proposal to require a new
application to be supported by signatures of owners of contributing properties
constituting at least 60% of the proposed district.
• YMC 11.62.050 contains revisions pertaining to Commission reviews and
approvals of work on "contributing properties" within an historic district. The
section has been edited to remove the requirement that Commission review is
required prior to issuance of a permit for work on a "noncontributing property."
The major changes here concern procedures regarding work on contributing
properties where (a) a City permit is required, and (b) where no City permit is
required.
City Permit Required. In these cases, the current procedures would apply.
The City would advise the Commission of any permit sought by the owner of a
"contributing property," and would not issue the permit until the Commission
reviewed the proposed work and issued a "certificate of appropriateness" or
waiver (for demolition).
City Permit Not Required. In the event the City is informed that work is
contemplated (or has been performed) on a contributing property, and the work
does not require a building permit or other permit, the City's duty would be to
advise the Commission of the proposed or completed work. The Commission
Memorandum to Honorable Mayor and Members of the City Council
ID May 31, 2011
Page 3
would then review the work, determine if review or waiver is required, work with
the owner to modify the work if appropriate, or to initiate procedures to remove
the property from the historical register, or to initiate procedures to disqualify the
property from special property . tax valuation treatment. (These remedies are
already within the Commission's power under the current Code.)
This section is further amended to state that the "public duty doctrine" applies,
and that the City has no obligation or duty to assure that all owners within a
district shall comply with the requirements of the Historic Preservation Code.
Finally, this section is further amended to provide that appeals will be heard by
the City Council (rather than the Hearing Examiner).
As noted above, staff has had good discussions with the Commission. • Some of the
changes discussed above (i.e., the provisions regarding "City Permit Required" and
"City Permit Not Required ") have not been presented to the Commission. During
discussions with the Commission on the underlying issue, it was the expectation that
we would attempt a draft amendment and present it to the Commission for further
discussion.
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[DRAFT #3 — June 1, 2011]
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, a s
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 falls into the following categories:
A. Property listed or eligible to be listed on the Yakima historic inventory;
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• 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. "Contributing property" means any property within a historic district which is
documented in the district's nomination to the Yakima register of historic places to
contribute architecturally, historically, and /or culturally to the historic character of the
district, and properties that date from the historic period of significance for the historic
district and retain integrity of materials, place, or setting_
G. "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.
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H. 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.
#:I. "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.
.kJ. "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.
-K. "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.
447L. "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.
M. "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.
N. "Noncontributing property" means a property within a historic district which is
documented in the district's nomination to the Yakima register of historic places as not
contributing architecturally, historically, and /or culturally to the historic character of a
historic district drafted and adopted by the commission.
M O. 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.
NP. "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.
9-Q "Owner" of property is the fee simple owner of record as exists on the Yakima
County assessor's records.
P-R. "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
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ill 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.
QS. 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.
i -T. "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.
SW. 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.
--V... "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 a contributing property 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
0 demolition.
ti-W. "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.
X. "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,Y. "Yakima historic inventory" or "inventory" means the comprehensive inventory
of historic and prehistoric resources within the boundaries of Yakima.
X:Z. "Yakima historic preservation commission" or "commission" means the
commission created by YMC 11.62.040.
¥AA. "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.
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(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
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41 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 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: 0
a. Make determination concerning the eligibility of historic properties for special
valuation;
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b: Verify that the improvements are consistent with the Washington State Advisory
Council's standards for rehabilitation and maintenance; 411
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.
0 (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. Commencing June 1, 2011, applications for
nomination of districts, or accretion to an existing district, must bear the signatures of
every owner of each contributing property within the proposed district or area to be
added to an existing district, which properties shall constitute at least e sixty
percent {80 %) (60 %) of the properties within the proposed district or accretion to an
existing 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 contributing properties including features, structures, sites, and objects
which contribute to the designation of the district, and a list of all noncontributing
properties.
(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 -are
-- -- - e -- - - •= - -e• 'e- -- __.... - - 'e -. _ '. a -- - - - -
be provided in accordance with subsection (: - _ - _ _ . - - .' . . _ .
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approve, reject or refer the recommendation back to the commission for further
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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.
(3) 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 contributing property in an existing historic
district may make a written request to have said property changed from contributing to
noncontributing status. The written request must be signed by said property owner(s)
and notarized. Upon receipt of such a properly notarized written request, the
commission may change the status of the subject property from contributing to
noncontributing if it finds that such change in status will not reduce the total number of
contributing properties within the district to below sixty percent (60 %) of the total
properties within the district and will not otherwise substantially change the historic
nature of the district.
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, or any
contributing property in a district, excluding ordinary repair and maintenance and
emergency measures defined in YMC 11.62.030 and the exemptions stated in YMC
11.62.050, 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.
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0 (3) Prior to whole or partial demolition of a register property or property within a
district, 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
qualifying 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
O 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. Except as provided in subsection B below, No 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 contributing property 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
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.
0 B. Exemptions. The following activities do not require a certificate of .
appropriateness or review by the commission:
to
(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 and interior modifications to existing structures.
(4) Any construction, reconstruction, alteration, restoration, remodeling, repairs,
alterations to noncontributing properties within a district as defined by the district
inventory adopted by the commission and kept on file at the historic preservation office.
(5) The installation, alteration, or repair of public and private plumbing, sewer, water,
and qas piping systems, where no right -of -way restoration is required.
(6) The installation, alteration, or repair of public and private electrical, telephone,
and cable television wiring systems. The installation of solar panels, wind generators,
and cellular antenna towers is not exempt.
(7) The landscaping of private residences.
(8) The maintenance of existing parking conditions and configurations, including
curb cuts, driveways, alleys, and parking lots.
(9) Signs not exceeding the limitations for a home occupation permit and those
installed by the City for directional and locational purposes.
(10)The following types of projects within the public rights -of -way: ADA accessibility
ramps and installations, in -road work, traffic signaling equipment, utility markers, and
equipment required by the United States Postal Service.
C. Review Process.
(1) Requests for Review and Issuance of a Certificate of Appropriateness or
Waiver.
(a) Procedure When City Permit Required. The Director of Community and
Economic Development or his /her designee shall initially review any
application for a permit to work on a designated Yakima register of historic
places property or in a Yakima register historic district. For any work- not
exempt from commission review as determined by the City, The the Director
of Community and Economic Development or his /her designee shall report to
the commission any the 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 Director of Community
and Economic Development 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.
(b) Procedure When No City Permit Required. In the event the Director of
Community and Economic Development is informed that work not requiring a
City permit is proposed or has been performed on any existing property listed
in the Yakima register of historic places or contributing property within a
historic district on the Yakima register, the Director of Community and
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O Economic Development or his designee shall notify the commission. Upon
receipt of such notification, or upon its own receipt of information that such
work is proposed or has been performed, the commission may thereupon
review the scope of proposed or performed work, determine whether a
certificate of appropriateness or waiver is required, and invoke any procedure
or procedures authorized in this chapter or law to require review, modify the
work to conform to applicable standards, remove such property from the
Yakima register of historic places, and /or initiate procedures to disqualify the
property from special property tax valuation pursuant to YMC 11.62.060.
Nothing in this section shall be construed to impose any duty or obligation upon the city
to assure compliance with this chapter by owners or occupants of properties designated
in any register of historic places or in a registered historic district, nor to create any
special relationship with the commission, any third party, property owner, or owner of
property within a historic district to assure compliance with this chapter. The duties and
obligations of the city in this chapter are duties owed to the public and not to individual
members thereof. The city shall be entitled to interpret and enforce its code provisions
and this chapter in accordance with applicable law and procedures.
(2) There shall be two types of reviews for issuance of a certificate of
0 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.
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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
re asonably 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
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O 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 sCity of Yakima hearing examiner City Council 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 h aring examiner Clerk of the City of
Yakima 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 hear-i-n-g-e'aamTT neeTr'
- City Council and be accompanied by an appeal fee of one hundred dollars. The hearing
examiner City Council 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 City Council shall apply
the design review criteria established by the commission in considering the
appropriateness of the commission decision. After the hearing, the hearing examiner
City Council 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
0 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;
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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
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;
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0 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).
O
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