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HomeMy WebLinkAbout2770 Recognition as a Certified Local Government with the State Office of Archeology and Historic PreservationOrdinance No. 2770 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 2.72 OF THE PORT TOWNSEND MUNICIPAL CODE - HISTORIC PRESERVATION COMMITTEE - TO QUALIFY THE CITY FOR RECOGNITION AS A CERTIFIED LOCAL GOVERNMENT WITH THE STATE OFFICE OF ARCHEOLOGY AND HISTORIC PRESERVATION. SECTION 1 FINDINGS 1. WHEREAS, the recognition, enhancement, perpetuation and continued use of buildings, sites, districts, structures and objects of historical significance within the City of Port Townsend is necessary in the interest of civic pride and the prosperity and general welfare of the City's inhabitants; and, 2. WHEREAS, the City Council established in 1986, by Ordinance 2035, a historic preservation program in the City of Port Townsend and created the Port Townsend Historic Preservation Commission (HPC) to further the goals and benefits of historic preservation; and 3. WHEREAS, the City Council has periodically amended the role of the HPC to include Design Review of certain projects within the Port Townsend National Historic District (Ordinance 2195), to revise their status from a "commission" to a "committee" in order to comply with the requirements of the "Regulatory Reform Act" (Ordinance 2522), and to change the residency requirements for HPC members (Ordinance 2573). All of these changes, including the current role, duties and responsibilities of the HPC are found in Chapters 2.72, 17.30 and 17.80 of the Port Townsend Municipal Code (PTMC); and 4. WHEREAS, certain additional amendments to PTMC Chapter 2.72 are needed to qualify the City for recognition with the Washington State Office of Archeology and Historic Preservation (OAHP) as a Certified Local Government (CLG). This status will enable the City to apply for grants that can help foster historic preservation efforts and are only available to CLG's. The necessary amendments to PTMC 2.72 will create a Local Register of Historic Places to be maintained by the HPC; and 5. WHEREAS, the responsible official has conducted environmental review of the proposed municipal code text amendments under the State Environmental Policy Act (SEPA), RCW 43.21C and made a determination of non-significance and published notice of such in the official city newspaper on August 2, 2000, for which the comment and appeal period ended on August 17, 2000. No SEPA comments or appeals were filed during this period; and 1 Ordinance 2770 6. WHEREAS, on June 29, 2000 and September 14, 2000 the Planning Commission held public workshops on the proposed municipal code text amendment; and 7. WHEREAS, on October 12, 2000, the Planning Commission held a duly noticed public hearing on the proposed amendments during which presentations were made by staff and testimony was sought from the public. At the conclusion of the October 12, 2000 public hearing the Planning Commission recommended that the proposed amendments to PTMC Chapter 2.72 be approved; and 8. WHEREAS, on December 4, 2000 the City Council held a duly noticed public hearing on the proposed amendments and voted to postpone action on the item for staff to provide additional research and incorporate several council suggestions into a revised draft. The City Council further conducted a workshop on May 14, 2001 to review the results of staff's research and provide additional direction. With the changes suggested by City Council, they now find that adoption of the following amendments to the text of PTMC Chapter 2.72 will further promote historic preservation efforts in the City and should be approved. NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 2 ADOPTION OF AMENDMENTS TO CHAPTER 2.72, HISTORIC PRESERVATION COMMITTEE, OF THE PORT TOWNSEND MUNICIPAL CODE. Chapter 2.72 HISTORIC PRESERVATION COMMITTEE Sections: 2.72.010 2.72.020 2.72.060 2.72.065 2.72.070 Created. Composition, terms of office and rules. Authority and functions. Register of Historic Places Eligible property for special tax valuation. 2.72.010 Created. There is established a Port Townsend Hhistoric Ppreservation CGommittee, hereinafter referred to as "the committee" and "HPC." 2.72.020 Composition, terms of office and rules. Composition, terms of office, rules and other scope of work assigned by the City Council shall be as provided by Council Resolution with the following additional provisions: 2 Ordinance 2770 A. The members of the HPC shall include but not be limited to members of history or preservation-related organizations such as historical societies, museums, heritage groups, neighborhood organizations, interested citizens, and members of civic groups involved in historical and architectural development of the city, as well as members of professional bodies such as architects, historians, attorneys, realtors, and financiers. All members of the committee must have demonstrated interest in and/or knowledge of the historical or architectural development of the city. 2.72.060 Authority and functions. A. Authority. The HPC is authorized to: 1. Serve as the local review bOard to exercise the functions and duties as defined and authorized pursuant to RCW 84.26 Chapter 449, Washington State Laws ef ! 985, and Chapter 25-125 WAC, as now or hereafter amended; 2. Serve as the design review board to exercise the fianctions and duties defined and authorized pursuant to this chapter; 3. The HPC serves as a citizen advisory committee and not as a quasi-judicial decision-making body to review proposals to develop, demolish or change development within the historic district pursuant to Chapter 17.80 PTMC, and provide recommendations to the building and community development department (BCD) to assist in city review of such projects. BCD staff and the planning commission shall consider all HPC comments and recommendations in reviewing permit applications. HPC's role in the development process is further specified in PTMC 20.01.110(C); and 4. Prepare and propose revisions to design review guidelines for evaluating development proposals. Such proposed revisions shall be forwarded to BCD for review and recommendation to the planning commission and the city council. Design guidelines and any revisions forming the bases of HPC review and recommendations must be formally adopted by the city council. 5. Initiate recommendations for listing on the Port Townsend Register of Historic Places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the Committee as having historic significance worthy of recognition by the City and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. 6. Review nominations to the Port Townsend Register of Historic Places according to criteria in Section 2.72.065 of this ordinance and adopt standards in its rules to be used to guide this review. 7. Submit nominations to the State and National Register of Historic Places. B. Functions. In addition to the authority prescribed above, the HPC may to the extent possible and at its discretion perform the following functions: 1. Provide information to the public on incentives for preservation of historic resources; 2. Within the Historic District, review and comment upon the conduct and regulation of land use, housing, development, municipal improvements and other types of planning efforts undertaken by any agency of the city, Jefferson County, the State, or federal government as they relate to historic resources of the city; 3. Make recommendations to the mayor and city council upon request on matters of city history and historic preservation; 3 Ordinance 2770 4. Provide Recommend design guidelines and recommend resources upon request of an owner of property within the historic district; and provide review and advice, upon the request of the director of BCD (or designee), of applications for permits, variances, environmental assessments or impact statements, and other similar approvals pertaining to identified historic resources or adjacent properties; 5. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources; 6. Provide information to the public and city council on methods of maintaining and rehabilitating historic properties, including the use of various federal, state, local, or private funding sources available to promote historic preservation in the city. This may take the form of pamphlets, newsletters, workshops or similar activities; 7. Establish liaison support, communication and cooperation with federal, state and other local government entities which will further historic preservation objectives, including public education, within the city area; 8. As they relate to historic resources within the historic district, review and comment to the planning commission and city council on land use, housing, redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring communities, the county, the state or federal governments; 9. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition; 10. Such other functions as directed by the mayor or city council. 2.72.065 Register of Historic Places A. Criteria for Determining Designation in the Register- Any building, structure, site, object may be designated for inclusion in the Port Townsend Register if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community, has historical integrity; is at least 50-years old, or is of a lesser age and has exceptional importance, and if it falls in at least one of the following categories: 1. If associated with events that have made a significant contribution to the broad patterns of National, State, or local history; 2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction; 3. Is an outstanding work ora designer, builder, or architect who has made a substantial contribution to the art; 4. Exemplifies or reflects special elements of the city's cultural, special, economic, political, aesthetic, engineering, or architectural history; 5. Is associated with the lives of persons significant in national, state or local history; 6. Has yielded, or may be likely to yield, important archeological information; 7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event; 4 Ordinance 2770 8. Is a birthplaCe or grave of a historical figure of outstanding importance and is the only surviving structure or site associated with that person; 9. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns; 10. Is a reconstructed building that has been executed in an historically accurate manner on the original site; 11. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories; B. Process for Designating Properties to the Register 1. Any person may nominate a building, structure, site, or object for inclusion in the Port Townsend Register. Members of the Historic Preservation Committee or the Committee as a whole may generate nominations. In its designation decision, the Committee shall consider the Port Townsend Historic Inventory and the City Comprehensive Plan. All nominations must be accompanied by a written statement of consent, signed by the property owner, stating their willingness to have their property listed in the Port Townsend, state, and/or national register; 2. In the case of individual properties, the designation shall include all features which contribute to its designation; 3. The Historic Preservation Committee shall consider the merits of the nomination, according to the criteria of Section 2.72.065.A. The public, property owners(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the potential listing by posting of the property 10 calendar days prior to HPC review of the nomination; 4. Properties listed on the Port Townsend Register of Historic Places shall be depicted on the official zoning records with an "HR" (for Historic Register) designation. This designation shall not change or modify the underlying zone designation. C. Removal of Properties from the Register - In the event that any property is no longer deemed appropriate for designation to the Port Townsend Register of Historic Places, the HPC or property owner may initiate removal of such designation by the same procedure as provided for in establishing the designation, Section 2.72.065.B. D. Effects of Listing on the Register 1. Listing on the Port Townsend Register of Historic Places is an honorary designation denoting significant association with the historic, archeological, engineering, or cultural heritage of the community; 2. Design review by HPC of local register properties shall be limited to the scope established in PTMC 17.30 & 17.80. E. Maintenance of the Local Register - The list of properties on the local Register of Historic Places shall be maintained by BCD. 2.72.070 Eligible property for special tax valuation. For the purposes of historic property tax valuation authorized as a duty of the committee under PTMC 5 Ordinance 2770 2.72.060(A), the class of eligible property is: A. Property within the city's C-III zoning district; and B. Property within that area nominated to the National Register of Historic Places and defined therein as pivotal, primary, secondary, altered historic, or reCent compatible. SECTION 3 TRANSMITTAL TO OAHP The City Clerk shall transmit a copy of this Ordinance to the State Office of Archeology and Historic Preservation (OAHP) within 10 days of adoption of this ordinance. SECTION 4 CODIFICATION OF AMENDMENTS Copies of a revised Chapter 2.72, Historic Preservation Commission, of the Port Townsend Municipal Code, codifying the amendments set forth in this ordinance, shall be prepared under the supervision of the City Clerk and available for public inspection within 120 days of the adoption of this ordinance. SECTION 5 EFFECTIVE DATE This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. SECTION 6 SEVERABILITY If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 25th day of June, 2001. Attest: Pamela Kolacy, City Clerk ---Geoff Masci, Mayor ( Approved as to Form: John Watts, City Attorney 6 Ordinance 2770