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Record No: CB 119317    Version: 1 Council Bill No: CB 119317
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/6/2018
Ordinance No: Ord 125642
Title: AN ORDINANCE relating to historic preservation; imposing controls upon the Century 21 Coliseum/KeyArena, 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: Debora Juarez
Supporting documents: 1. Att A - Arena Controls & Incentives Boundary Century 21 Coliseum/KeyArena, 2. Summary and Fiscal Note, 3. Summary Ex A - Vicinity Map of Century 21 Coliseum/KeyArena, 4. Landmarks Preservation Board Report, 5. Photos, 6. Signed Ordinance 125642, 7. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to historic preservation; imposing controls upon the Century 21 Coliseum/KeyArena, 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 June 21, 2017, 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 are collectively referred to as the “Century 21 Coliseum/KeyArena”) for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on August 2, 2017, the Board voted to approve the designation of the Century 21 Coliseum/KeyArena under SMC Chapter 25.12; and

WHEREAS, on May 2, 2018, the Board and the Century 21 Coliseum/KeyArena’s owner agreed to controls and incentives to be applied to specific features or characteristics of the designated landmark; 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. Under Seattle Municipal Code (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 are referred to as the “Century 21 Coliseum/KeyArena”) is acknowledged.

A.                     Legal Description. The Century 21 Coliseum/KeyArena 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 2nd 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. Under SMC 25.12.660.A.2, the Board designated the following specific features or characteristics of the Century 21 Coliseum/KeyArena:

1.                     A portion of the site, delineated in Attachment A to this ordinance as the “Arena Controls & Incentives Boundary.”

2.                     The exterior of the Century 21 Coliseum/KeyArena building.

C.                     Basis of Designation. The designation was made because the Century 21 Coliseum/KeyArena 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 SMC 25.12.350 provisions:

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

3.                     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).

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

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

6.                     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 imposed on the features or characteristics of the Century 21 Coliseum/KeyArena 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 of this ordinance, the owner must obtain a Certificate of Approval issued by the Board according 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 features or characteristics of the Century 21 Coliseum/KeyArena that were designated by the Board for preservation.

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

a.                     Any in-kind maintenance or repairs of the features or characteristics of the Century 21 Coliseum/KeyArena that were designated by the Board for preservation.

b.                     Installation and removal of the following temporary special event items in outdoor areas: tents, site furnishings, lighting, signage, tables, chairs, vendor booths/carts, barricades, and food trucks. Such installations shall be considered temporary if they:

1)                     Can be removed without changing the building or site and without requiring repair; and

2)                     Remain in the outdoor areas for no more than 30 days.

c.                     Installation, removal, or alteration (including repair) of underground irrigation and underground utilities, if the site is restored in kind.

d.                     Removal or conservation of public artworks.

e.                     Changes to signage, including ADA signage, if they are consistent with a building/property signage plan approved by the Board.

f.                     Addition or removal of shrubs, perennials, and annuals within existing planting areas or areas designated in a site plan approved by the Board.

g.                     Demolition of the following, which are identified in Attachment A:

1)                     West Court Building;

2)                     NASA Building;

3)                     Blue Spruce Apartments;

4)                     Seattle Center Skate Park;

5)                     Service Center Pavilion;

6)                     Restroom Pavilion; or

7)                     Security gates, railings, loading dock equipment, and security lighting located within the existing service area south of the Coliseum/KeyArena.

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 of this ordinance 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.

2.                     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. 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 of the Century 21 Coliseum/KeyArena that were designated by the Board for preservation is available for the following:

a.                     The installation, alteration, or elimination of fire escapes, ducts, conduits, HVAC vents, grills, pipes, utility connections, gutters and downspouts, and other similar mechanical, electrical, and plumbing elements necessary for the normal operation of the building.

b.                     Installation, removal, or alteration of the following site furnishings: benches, trash receptacles, and bike racks.

c.                     Installation, alteration, or removal of exterior signage not excluded by subsection 2.A.2.e of this ordinance.

d.                     Installation, removal, or alteration of exterior security lighting and security system equipment.

e.                     Alteration of plantings/landscaping that complies with a master plan approved by the Board.

f.                     Removal of trees identified as a hazard by an International Society of Arboriculture (ISA) certified arborist.

g.                     Installation of temporary public art on the building exterior or site. Such installations shall be considered temporary if they:

1)                     Can be removed without changing the building or site and without requiring repair; and

2)                     Remain in place for no more than 12 months.

Section 3. Incentives. The following incentives are granted on the features or characteristics of the Century 21 Coliseum/KeyArena 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 under SMC Title 23.

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

C.                     Special tax valuation for historic preservation may be available under Revised Code of Washington (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 under 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 Century 21 Coliseum/KeyArena is 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 Seattle Department of Construction and Inspections. The CHPO is directed to provide a certified copy of this ordinance to the Century 21 Coliseum/KeyArena’s owner.

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 _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2018.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2018.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments:

Attachment A - Arena Controls & Incentives Boundary of Century 21 Coliseum/KeyArena