AN ORDINANCE relating to historic preservation, imposing controls upon the Eitel Building, 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 August 2, 2006, voted to approve the nomination of the Eitel Building, located at 1501 Second Avenue in Seattle, for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, the Board and the owner of the Building, 1507 Group L.L.C. (Owner), agreed to negotiate controls and incentives under SMC Chapter 25.12; and

WHEREAS, on January 12, 2010, the City's Historic Preservation Officer declared an impasse to the controls and incentives negotiation under SMC 25.12.500; and

WHEREAS, on January 20, 2010, the Board adopted recommended controls and incentives requiring the Owner to obtain a Certificate of Approval under SMC Chapter 25.12 before making any alteration or significant change to the exterior of the Eitel Building; and

WHEREAS, on February 9, 2010 the Owner timely filed a Statement of Objections to the Board's recommended controls and incentives with the Hearing Examiner (Examiner), under SMC 25.12.535; and

WHEREAS, on April 13, 14, 15 and May 12, 2010, the Examiner held a public hearing on imposing controls and incentives; and

WHEREAS, on June 9, 2010, the Examiner recommended that the City Council impose the Board's recommended controls and incentives on the Eitel Building; and

WHEREAS, on June 23, 2010 the Owner timely filed a notice of appeal with the Council; and

WHEREAS, the Council's Committee on the Built Environment (COBE) heard oral argument from representatives of the Owner and the Board on December 8, 2010; and

WHEREAS, on January 12, 2011, COBE recommended that the Full Council deny the appeal by the Owner and impose controls and incentives recommended by the Board and Examiner.

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. DESIGNATION : Pursuant to Seattle Municipal Code (SMC) 25.12.660, the designation by the Landmarks Preservation Board (Board) of the improvement known as the Eitel Building, located at 1501 Second Avenue in Seattle, is hereby acknowledged.

A. Legal Description . The Eitel Building is located on the property legally described as:

LOTS 10 AND 11, BLOCK 26, AN ADDITION TO THE TOWN OF SEATTLE AS LAID OUT BY A.A. DENNY (COMMONLY KNOWN AS A.A. DENNY'S 3RD ADDITION TO THE CITY OF SEATTLE). ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT THE WESTERLY 80 FEET THEREOF; AND EXCEPT THE SOUTHERLY 3.5 FEET OF SAID LOT 11 APPROPRIATED BY THE CITY OF SEATTLE UNDER THE PROVISIONS OF ORDINANCE 11417 OF THE CITY OF SEATTLE FOR THE WIDENING OF PIKE STREET; AND EXCEPT THE EASTERLY 12 FEET OF SAID LOTS 10 AND 11 APPROPRIATED BY THE CITY OF SEATTLE UNDER THE PROVISIONS OF ORDINANCE 1107 OF THE CITY OF SEATTLE AND AS CONDEMNED IN WASHINGTON TERRITORY DISTRICT COURT CAUSE NO. 7097, FOR THE WIDENING OF SECOND STREET (NOW 2ND AVENUE).

B. Specific Features and/or Characteristics Designated . Pursuant to SMC 25.12.660.A.2, the following specific features and/or characteristics of the Eitel Building are designated: the exterior of the building.

C. Basis of Designation . The designation was made because the Eitel Building has significant character, interest or value as a part of the development, heritage or cultural characteristics of the City, state or nation, it has integrity or the ability to convey its significance, and because it satisfies the following from Section 25.12.350: it embodies the distinctive visible characteristics of an architectural style, period, or of a method of construction (SMC 25.12.350.D).

Section 2. CONTROLS: The following controls are hereby imposed on the features and characteristics of the Eitel Building that were designated by the Board for preservation:

A. Certificate of Approval Process.

1. Except as provided in Section 2.A.2 of this Ordinance, 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: the exterior of the building, provided that this Certificate of Approval requirement shall not preclude elimination of the light well on the west elevation.

2. No Certificate of Approval or approval by the City Historic Preservation Officer (CHPO) is required for the following: any in-kind maintenance or repairs of the features listed in Section 2.A.1.

B. City Historic Preservation Officer Approval Process.

1. The CHPO may review and approve the items listed in Section 2.B.3 of this Ordinance according to the following procedure:

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

b. If the CHPO, upon examination of submitted plans and specifications, determines that the alterations are consistent with the purposes of SMC chapter 25.12, the alterations shall be approved without further action by the Board.

c. If the CHPO does not approve the alterations, the owner may submit revised materials to the CHPO, or apply to the Board for a Certificate of Approval under SMC chapter 25.12, as provided in Section 2.A.

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 approve or disapprove the request shall constitute approval of the request.

3. CHPO approval for changes or alterations to the designated features or characteristics of the landmark described in Section 1.B of this Ordinance is available for the following:

a. For the specified features and characteristics of the building, the addition or elimination of duct conduits, HVAC vents, grilles, fire escapes, pipes, and other similar wiring or mechanical elements necessary for the normal operation of the building.

b. Installation, alteration, and removal of signage.

c. Installation, alteration, and removal of exterior security lighting, video cameras, and security systems equipment.

Section 3. INCENTIVES. The following incentives are hereby granted on the features and characteristics of the Eitel Building 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 issued pursuant to Seattle Municipal Code Title 23.

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

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

D. The owner may participate in the City's Landmark Transfer of Development Rights (TDR) Bank after obtaining a determination from the City concerning the quantity of unused development rights for the landmark that are eligible for transfer to receiving properties as Landmark TDR, pursuant to SMC Section 23.49.014.

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

Section 5. The Eitel Building is hereby added to 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 from and 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 ________________________, 2011, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

City Clerk

(Seal)

Ketil Freeman LEG Eitel Bldg Controls ORD v.1.doc January 3, 2011 Version #1