CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to historic preservation, imposing controls upon the Northwest Rooms and International Fountain Pavilion, 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 June 19, 2013, voted to approve the nomination of the improvement located at 305 Harrison Street and a portion of the site on which the improvement is located (which collectively are referred to as the "Northwest Rooms and International Fountain Pavilion" for the purposes of this ordinance) for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on August 7, 2013, the Board voted to approve the designation of the Northwest Rooms and International Fountain Pavilion under SMC Chapter 25.12; and

WHEREAS, on May 21, 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 305 Harrison Street and a portion of the site on which the improvement is located (which collectively is referred to as the "Northwest Rooms and International Fountain Pavilion" for the purposes of this ordinance) is hereby acknowledged.

A. Legal Description . The Northwest Rooms and International Fountain Pavilion is located on the property legally described as:

PARCEL A

Lots 1 through 12, inclusive, Block 31 Supplemental Plat of D.T. Denny's Plan of North Seattle, according to the plat thereof recorded in Volume 2 of Plats, page 77, in King County, Washington;

TOGETHER WITH that portion of Harrison Street, Warren Avenue North, and that portion of alley vacated by City of Seattle Ordinance No. 88603 which attached to said premises by operation of law.

PARCEL B

Lots 1 through 12, inclusive, Block 32 and Lots 1 through 12, inclusive, Block 35, D.T. Denny's Home Addition to the City of Seattle, according to the plat thereof, recorded in Volume 3 of Plats, page 115, in King County, Washington;

TOGETHER WITH that portion of Harrison Street, Warren Avenue North and alley vacated by City of Seattle Ordinance No. 88603 and that portion of alley vacated by City of Seattle Ordinance No. 8520 which attached to said premises by operation of law.

PARCEL C

Lots 1 through 12, inclusive, Block 36, D.T. Denny's Third Addition to North Seattle, according to the plat thereof recorded in Volume 1 of Plats, page 145, in King County, Washington;

TOGETHER WITH that portion of Warren Avenue North and 2 ^nd Avenue North and alley vacated by City of Seattle Ordinance No. 88603 which attached to said premises by operation of law.

B. Specific Features or Characteristics Designated . Pursuant to SMC 25.12.660.A.2, the following specific features or characteristics of the Northwest Rooms and International Fountain Pavilion are designated:

1. The exterior of the improvement known as the Northwest Rooms and International Fountain Pavilion.

2. A portion of the site consisting of the property described in subsection 1.A on which the improvement known as the Northwest Rooms and International Fountain Pavilion is located. The improvement and portion of the site are identified in Attachment A by delineation of the "Site Area Boundary."

C. Basis of Designation . The designation was made because the Northwest Rooms and International Fountain Pavilion 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 the location of, or is associated in a significant way with, a historic event with a significant effect upon the community, City, state or nation (SMC 25.12.350.A).

2. It is associated in a significant way with a significant aspect of the cultural, political, or economic heritage of the community, City, state or nation (SMC 25.12.350.C).

3. 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 Northwest Rooms and International Fountain Pavilion 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 Northwest Rooms and International Fountain Pavilion.

b. A portion of the site consisting of the property described in subsection 1.A on which the improvement known as the Northwest Rooms and International Fountain Pavilion is located. The improvement and portion of the site are identified in Attachment A by delineation of the "Site Area Boundary."

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

a. Removal of or modification to the building that houses Key Arena's chiller (west of the International Fountain Pavilion).

b. Any in-kind maintenance or repairs of the features or characteristics listed in Section 2.A.1.

c. Temporary and ADA signage.

d. Removal or addition of shrubs, perennials, and annuals.

e. Installation, removal, or alteration of the following temporary site furnishings: benches and trash receptacles.

f. Modifications to the north buttress at Key Arena.

g. Modifications to the north egress stairs at Key Arena.

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

i. Repairs to the plaza waterproofing.

j. Repairs and replacement of hardscape in the plaza, if the pavement is replaced in-kind.

k. Removal of the non-historic steel armature and glazing panels that wrap the second level of the Alki Rooms.

l. Removal of the following non-historic elements located in the north building pass-through: waveshapes; ceiling netting; railings; overlaid ramps; spherical bollards; and the circa 1990s one-story, metal clad, composite panel additions.

m. Removal of public art, including the following:

1. Fountain of Creation, by Everett Dupen.

2. Pool, by Randy Hayes.

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. Any maintenance, repair, or alteration necessary to ensure building code compliance and safety, including but not limited to the addition or elimination of ducts, conduits, HVAC vents, grilles, fire escapes, pipes, and other similar wiring or mechanical elements necessary for the normal operation of the building or plaza.

b. Installation of, or alterations to, exterior security system equipment and security lighting.

c. Exterior building signage, other than signage excluded in Section 2.A.2.c.

d. Removal or addition of trees less than 8 inches in diameter measured 4 1/2 feet above the ground.

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

f. Installation of public art, if attached to a building.

Section 3. INCENTIVES. The following incentives are hereby granted on the features or characteristics of the Northwest Rooms and International Fountain Pavilion 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.

D. Reduction or waiver, under certain conditions, of minimum accessory off-street parking requirements for uses permitted in a designated Landmark structure, may be permitted pursuant to SMC Title 23.

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

Section 5. The Northwest Rooms and International Fountain Pavilion is hereby added alphabetically to Section II, Buildings, 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)

Attachment A: Northwest Rooms and International Fountain Pavilion Site Plan

Erin Doherty DON NW Rooms & International Fountain ORD July 17, 2014 Version #2