ORDINANCE __________________

AN ORDINANCE relating to historic preservation, imposing controls upon the Queen Anne Water Tank #1, 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 structures and areas having historical, cultural, architectural, engineering or geographic importance; and

WHEREAS, the Landmarks Preservation Board, after a public meeting on November 4, 1998, voted to approve the nomination of the Queen Anne Water Tank #1 at 1410 1st Avenue North, in Seattle as a Landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on December 16, 1998, the Board voted to approve the designation of the Queen Anne Water Tank #1 and its site as a Landmark under SMC Chapter 25.12; and

WHEREAS, on March 3, 1999, the Board and the owners of the designated property agreed to controls and incentives; and

WHEREAS, the Board recommends to the City Council approval of controls and incentives; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. DESIGNATION: The designation by the Landmarks Preservation Board of the Queen Anne Water Tank #1, and its site described as:

Dunn's Addition, Block A, Lots 5 12

as a Landmark based upon satisfaction of the following standards of SMC Section 25.12.350:

C. 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;

F. Because of its prominence of spatial location, contrasts of siting, age, or scale, it is an easily identifiable visual feature of its neighborhood or the City and contributes to the distinctive quality or identity of such neighborhood or the City;

is hereby acknowledged.

Section 2. CONTROLS: The following controls are hereby imposed on the features and characteristics of the Queen Anne Water Tank #1 and its site, that were designated by the Board for preservation:

A. CERTIFICATE OF APPROVAL PROCESS

1. A Certificate of Approval, issues by the City of Seattle's Landmarks Preservation Board pursuant to Seattle Municipal Code, 25.12, must be obtained, or the time for denying the Certificate of Approval application must have expired, before the owner may make alterations or significant changes to:

The exterior of Water Tank #1, and that portion of the site within twenty-five (25) feet of the exterior walls of the Water Tank #1, excluding the following existing structures: Water Tank #2, the radio tower, the substation, the tennis courts and the fire station.

2. A Certificate of Approval is not required for any in-kind maintenance or repairs of the features listed in subsection 1.

B. ADMINISTRATIVE REVIEW

1. Administrative review and approval may be provided for the items listed in subsection 3 according to the following procedures. The Owner shall submit to the City Historic Preservation Officer (CHPO) a written request for these alterations, including applicable drawings and/or specifications. If the CHPO, upon examination of submitted plans and specifications, determines that such alterations are consistent with the purposes of SMC 25.12 the alterations shall be approved without the need for any further action by the Board. If the CHPO disapproves such alterations, the Owner may submit revised materials to the CHPO, or submit in accordance with the Certificate of Approval process set forth in SMC 25.12.

2. The CHPO shall submit his or her written decision on the Owner's submittal to the Owner. Failure of the CHPO to approve or disapprove the request shall constitute approval of the request.

3. Administrative review is available for the following:

For the designated areas of the structure, the addition or elimination of duct conduits, grilles, fire escapes, pipes, ladders and other similar wiring or mechanical elements necessary for the normal operation of the structure.

Section 3. INCENTIVES

A. Seattle Municipal Code Title 23 provides for authorization of uses in a designated Landmark that are not normally permitted in a particular zoning classification by means of an administrative conditional use.

B. The Building and Energy Codes provide exceptions on an application basis.

Section 4. Enforcement of this Ordinance and penalties for its violation shall be as provided in SMC 25.12.910.

Section 5. The Queen Anne Water Tank #1 and the site are hereby added to the Table of Historical Landmarks contained in SMC Chapter 25.32.

Section 6. The City Clerk is directed to record this ordinance with the King County Director of Records and Elections, deliver two copies to the City Historic Preservation Officer, and deliver one copy to the Director of the Department of Design, Construction and Land Use.

Section 7. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 2003, and signed by me in open session in authentication of its passage this _____ day of _______________, 2003.

___________________________________

President of the City Council

Approved by me this _____ day of _______________, 2003.

___________________________________

Gregory J. Nickels, Mayor

Filed by me this _____ day of _______________, 2003.

___________________________________

City Clerk

(SEAL)

Elizabeth Chave/JLB

Queen Anne Water Tank Ord.doc

May 19, 2003

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