CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to historic preservation, imposing controls upon the Judge Ronald House, a landmark designated by the Landmarks Preservation Board under Chapter 25.12 of the Seattle Municipal Code, and adding it to the Table of Historical Landmarks contained in Chapter 25.32 of the Seattle Municipal Code.

WHEREAS, the Landmarks Ordinance, Chapter 25.12 of the Seattle Municipal Code (SMC), establishes a procedure for the designation and preservation of sites, improvements, and objects having historical, cultural, architectural, engineering, or geographic significance; and

WHEREAS, the Landmarks Preservation Board (Board), after a public meeting on October 16, 2013, voted to approve the nomination of the improvement located at 421 30 ^th Avenue South and the site on which the improvement is located (which collectively are referred to as the "Judge Ronald House" for the purposes of this ordinance), for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on November 20, 2013, the Board voted to approve the designation of the Judge Ronald House under SMC Chapter 25.12; and

WHEREAS, on February 5, 2014, the Board and the owner of the designated landmark agreed to controls and incentives; and

WHEREAS, the Board recommends that the City Council enact a designating ordinance approving the controls and incentives; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. DESIGNATION : Pursuant to SMC 25.12.660, the designation by the Landmarks Preservation Board (Board) of the improvement located at 421 30 ^th Avenue South and the site on which the improvement is located (which collectively are referred to as the "Judge Ronald House" for the purposes of this ordinance), is hereby acknowledged.

A. Legal Description . The Judge Ronald House is located on the property legally described as:

Lots 5 & 6, block 17, Wood's Suppl. Plat of blocks 16 & 17, Burke's 2 ^nd Addition to Seattle, according to the plat thereof in volume 2 of plats, page 68, records of King County, Washington, Together with the vacated East 7 feet of alley adjoining, designated on the plat as Short Street South situated in the County of King, State of Washington.

B. Specific Features or Characteristics Designated . Pursuant to SMC 25.12.660.A.2, the following specific features or characteristics of the Judge Ronald House are designated:

1. The exterior of the improvement known as the Judge Ronald House.

2. The site consisting of the property described in subsection 1.A on which the improvement known as the Judge Ronald House is located.

C. Basis of Designation . The designation was made because the Judge Ronald House is more than 25 years old, has significant character, interest or value as a part of the development, heritage or cultural characteristics of the City, state or nation, has integrity or the ability to convey its significance, and satisfies the following from SMC 25.12.350:

1. It is associated in a significant way with the life of a person important in the history of the City, State or Nation (SMC 25.12.350.B).

2. It embodies the distinctive visible characteristics of an architectural style, or period, or of a method of construction (SMC 25.12.350.D).

Section 2. CONTROLS: The following controls are hereby imposed on the features or characteristics of the Judge Ronald House that were designated by the Board for preservation:

A. Certificate of Approval Process.

1. Except as provided in subsection 2.A.2 or subsection 2.B, the owner must obtain a Certificate of Approval issued by the Board pursuant to SMC Chapter 25.12, or the time for denying a Certificate of Approval must have expired, before the owner may make alterations or significant changes to the following specific features or characteristics:

a. The exterior of the improvement known as the Judge Ronald House.

b. The site consisting of the property described in subsection 1.A on which the improvement known as the Judge Ronald House is located.

2. No Certificate of Approval is required for the following:

a. Any in-kind maintenance or repairs of the features listed in subsection 2.A.1.

b. Installation, removal, or alteration of the following landscape elements: trees less than 8 inches in diameter measured 4 1/2 feet above ground; any tree west of the rear wall of the house; shrubs; perennials; and annuals.

c. Installation, removal, or alteration of the following temporary site furnishings: benches; movable planter boxes; and movable water features.

d. Installation or repair of underground utilities and irrigation, provided that the site is restored in-kind.

e. In-kind replacement of the 6 foot tall wood fence and gates enclosing the rear yard. The rear yard enclosure includes the fence along the alley, the fence continuing east from the alley along the south property line returning to the southwest corner of the house, and the fence continuing east from the alley along the north property line returning to the two-story bay on the north elevation of the house.

f. Removal or alterations of existing site lighting and security lighting within the rear year enclosure delineated in subsection 2.A.2.e.

g. Removal of the shed in the rear yard.

h. Removal of the non-original balcony and porch at the west side of the house.

i. Removal of the non-original porch at the south side of the house.

B. City Historic Preservation Officer Approval Process.

1. The City Historic Preservation Officer (CHPO) may review and approve alterations or significant changes to the features or characteristics listed in subsection 2.B.3 according to the following procedure:

a. The owner shall submit to the CHPO a written request for the alterations or significant changes, including applicable drawings or specifications.

b. If the CHPO, upon examination of submitted plans and specifications, determines that the alterations or significant changes are consistent with the purposes of SMC Chapter 25.12, the CHPO shall approve the alterations or significant changes without further action by the Board.

c. If the CHPO does not approve the alterations or significant changes, the owner may submit revised materials to the CHPO, or apply to the Board for a Certificate of Approval under SMC Chapter 25.12

2. The CHPO shall transmit a written decision on the owner's request to the owner within 14 days of receipt of the request. Failure of the CHPO to timely transmit a written decision constitutes approval of the request.

3. CHPO approval of alterations or significant changes to the features or characteristics listed in subsection 2.A.1 is available for the following:

a. The addition or elimination of ducts, conduits, HVAC vents, grilles, pipes, and other similar wiring or mechanical elements necessary for the normal operation of the building.

b. Removal of hazardous trees more than 8 inches in diameter measured 4 1/2 feet above ground.

c. Installation, removal, or alterations of exterior building light fixtures.

d. Installation, removal, or alterations of site light fixtures, security lighting, and security system equipment, other than lighting excluded in subsection 2.A.2.f.

e. Installation, removal, or alterations of exterior door hardware.

f. Replacement of fencing and gates, with the exception of work excluded in subsection 2.A.2.e.

g. Addition of a handrail at the main entry porch, and future modifications to the handrail.

Section 3. INCENTIVES. The following incentives are hereby granted on the features or characteristics of the Judge Ronald House that were designated by the Board for preservation:

A. Uses not otherwise permitted in a zone may be authorized in a designated landmark by means of an administrative conditional use permit issued pursuant to SMC Title 23.

B. Exceptions to certain of the requirements of the Seattle Building Code, SMC Chapter 22.100, and the Seattle Energy Code, SMC Chapter 22.700, may be authorized pursuant to the applicable provisions thereof.

C. Special tax valuation for historic preservation may be available under RCW Chapter 84.26 upon application and compliance with the requirements of that statute.

Section 4. Enforcement of this ordinance and penalties for its violation are as provided in SMC 25.12.910.

Section 5. The Judge Ronald House is hereby added alphabetically to Section I, Residences, of the Table of Historical Landmarks contained in SMC Chapter 25.32.

Section 6. The City Clerk is directed to record a certified copy of this ordinance with the King County Director of Records and Elections, deliver two certified copies to the CHPO, and deliver one copy to the Director of the Department of Planning and Development. The CHPO is directed to provide a certified copy of the ordinance to the owner of the landmark.

Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Erin Doherty/jom DON Judge Ronald House Landmark Designation ORD March 27, 2014 Version #3