Record No: CB 118584    Version: 1 Council Bill No: CB 118584
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 12/14/2015
Ordinance No: Ord 124964
Title: AN ORDINANCE relating to historic preservation; imposing controls upon the Seattle Post-Intelligencer Globe, 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.
Sponsors: Sally Bagshaw
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Ex A - Map, 3. Photos, 4. Report on Designation, 5. Seattle PI Globe Landmark Designation Presentation (12/8/15), 6. Signed Ordinance 124964

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to historic preservation; imposing controls upon the Seattle Post-Intelligencer Globe, 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.

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WHEREAS, the Landmarks Preservation 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 March 7, 2012, voted to approve the nomination of the improvement (the object known as the Seattle Post-Intelligencer Globe) located at 101 Elliott Avenue West (which is referred to as “the Seattle Post-Intelligencer Globe” or “Globe” for the purposes of this ordinance) for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on April 18, 2012, the Board voted to approve the designation of the Seattle Post-Intelligencer Globe under SMC Chapter 25.12; and

WHEREAS, on June 3, 2015, 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 Seattle Municipal Code (SMC) 25.12.660, the designation by the Landmarks Preservation Board (Board) of the improvement (the object known as the Seattle Post-Intelligencer Globe) located at 101 Elliott Avenue West (which is referred to as “the Seattle Post-Intelligencer Globe” or “Globe” for the purposes of this ordinance) is hereby acknowledged.

A.                     Legal Description. The Seattle Post-Intelligencer Globe is located on the property legally described as:

Lots 1 through 5, Block 165, as shown on Supplemental Sheet No. 25 of the Plat of Seattle Tidelands, as revised and corrected by authority of an act of the Legislature of the State of Washington approved March 2, 1987, which said supplemental sheet of said revised and corrected plat was duly recorded in the Office of the Commissioner of Public Lands of the State of Washington and in the Office of the Auditor of King County, Washington; together with all of vacated West John Street between blocks 163 and 165 of said plat lying below a horizontal plane at an elevation of 28.55 feet of City of Seattle datum from the northwesterly line of Alaskan Way west to the southwesterly line of Elliott Avenue West; together with Parcel A of City of Seattle Short Plat No. 78-16, as recorded under recording No. 7806120944, being portion of West Denny Way vacated by the City of Seattle under Ordinance No. 107027 and recorded under recording No. 7801050673 in King County, Washington.

 

B.                     Specific Features or Characteristics Designated. Pursuant to SMC 25.12.660.A.2, the following specific features or characteristics of the Seattle Post-Intelligencer Globe are designated: the Globe (excluding the 1986 structural steel base, the penthouse enclosure, and the building upon which the globe sits).

C.                     Basis of Designation. The designation was made because the Seattle Post-Intelligencer Globe 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 a significant aspect of the cultural, political, or economic heritage of the community, City, state or nation (SMC 25.12.350.C).

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

3.                     It is an outstanding work of a designer or builder (SMC 25.12.350.E).

4.                     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 (SMC 25.12.350.F).

Section 2.  CONTROLS:  The following controls are hereby imposed on the features or characteristics of the Seattle Post-Intelligencer Globe 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: the Globe (excluding the 1986 structural steel base, the penthouse enclosure, and the building upon which the globe sits).  It is acknowledged that the Globe is a landmark object but that the site on which the Globe is presently located is not a portion of such landmark designation.  It is anticipated that the Globe will be relocated from its present location, subject to a Certificate of Approval.  Review of a Certificate of Approval application for such relocation by the Board shall include issues relating to the structural integrity and preservation of the Globe structure in such relocation, but shall not include approval of the relocation site itself.

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

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

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 interior alterations that do not affect the Globe’s exterior appearance, and do not change the ability of the Globe to be illuminated or the banner sign to rotate.

                     Section 3.  INCENTIVES: The following incentives are hereby granted on the features or characteristics of the Seattle Post-Intelligencer Globe 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 Seattle Post-Intelligencer Globe is hereby added alphabetically to Section IX, Miscellaneous, 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 ________________________, 2015, and

signed by me in open session in authentication of its passage this

 _____ day of ___________________, 2015.

 

                                                                                                         _________________________________

                                                                                                         President __________of the City Council

 

                     Approved by me this ____ day of _____________________, 2015.

 

_________________________________

                                                                                                         Edward B. Murray, Mayor

 

                     Filed by me this ____ day of __________________________, 2015.

 

____________________________________

                                                                                                         Monica Martinez Simmons, City Clerk

 

 

(Seal)