HomeMy WebLinkAbout2195 Expanding Powers and Duties of the Historic Preservation Commission and Amending Ordinance 2035 2
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ORDINANCE NO. ~/~"--
AN ORDINANCE RELATING TO ZONING AND ADMIN-
ISTRATION; EXPANDING THE POWERS AND DUTIES OF
THE PORT TOWNSEND HISTORIC PRESERVATION
COMMISSION, ESTABLISHING A NON-BINDING DESIGN
REVIEW PROCESS WITHIN THE PORT TOWNSEND HIST-
ORIC DISTRICT, ADDING NEW SECTIONS TO THE PORT
TOWNSEND MUNICIPAL CODE; A~D AMENDING
ORDINANCE 2035 AND SECTION 2.72.060 OF THE
PORT TOWNSEND MUNICIPAL CODE.
WHEREAS, the City Council has established by Ordinance 2035 an
historic preservation program in the City of Port Townsend and
created therefore the Port Townsend Historic Preservation
Commission; and
WHEREAS, at the time of adoption of Ordinance 2035, the City
Council contemplated expanded future duties of the Historic
Preservation Commission, including among its powers and duties,
"review and comment upon the conduct and regulation of land use,
development, and municipal improvements within the historic
district;" "make recommendations to the Mayor and City Council
upon request on matters of city history and historic
preservation;" and "such other duties as directed by the City
Council by ordinance;" and
WHEREAS, the Historic Preservation Commission having held a
public hearing, having considered various alternative means to
achieve the public purposes cited herein and at the conclusion of
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its deliberations forwarded its recommendations to the City
Council; and
WHEREAS, the City Council having received the recommendations of
the Historic Preservation Commission, having thereafter obtained
the advice of the Planning Commission, having reviewed the same
at a public hearing, and having determined at the conclusion of
its deliberations that it is in the best interests of the City of
Port Townsend, its citizens, and the public health, safety and
welfare to amend the Port Townsend Municipal Code to establish a
non-binding design review process; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGUI2uR
SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS:
Section 1, A new Chapter 17.38 is hereby added to the Port
Townsend Municipal Code entitled:
Chapter 17.38
DESIGN REVIEW
Sections:
17.38.010 Purpose and Intent.
17.38.020 Scope.
17.38.040 Definitions.
17.38.060 Design review--Required.
17.38.070 Exemptions.
17.38.080 Design review--Not binding on applicant.
17.38.100 Pre-application review--Optional.
17.38.120 Design review--Application.
17.38.140 Design review--Process.
17.38.160 Design review--Standards.
17.38.180 Certificate of review.
17.38.200 Effect of review on other approvals.
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Section 2. A new Section 17.38.010 is hereby added to the
Port Townsend Municipal Code to read as follows:
1~.38,010 Purpose and Intent. The City Council of the City
of Port Townsend hereby finds and declares as matter of
public policy that it is the intent of this Chapter to:
A. Preserve, protect, enhance, and perpetuate those
structures, buildings and improvements which reflect
significant elements of the city's cultural, artistic,
social, and economic, political, architectural,
engineering, historic or other heritage;
B. Foster civic pride in the beauty and accomplishments of
the past;
C. Promote the use and perpetuation of significant
structures within the District for the education,
stimulation and welfare of the peOple of the City;
D. Develop and maintain appropriate settings and
environments for structures within said district;
E. Preserve and encourage a City of harmonious
architectural styles, reflecting the distinct phases of
its history;
F. Foster knowledge of the living heritage of the past;
G. Promote and protect the public health, safety and
general welfare of the citizens of the City, including
orderly development and coordination of municipal
growth and services;
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Minimize visual blight and avoid inappropriate and poor
quality of design;
Promote and encourage continued private ownership and
use of buildings and other structures to further the
objectives of this Chapter.
~ection 3. A new Section 17.38.020 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.020 scope. This Chapter shall establish a mandatory
design review for all developments within the historic district
which are also
A. within either the C-III or P-I zoning districts, or
B. on property subject to a conditional use permit.
The results of such review shall be advisory only and shall not
be binding upon the applicant.
Section 4. A new Section 17.38.040 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.040 Definitions. For the purposes of this Chapter,
certain words and terms used herein are defined as follows:
"Alteration" means any act or process which changes one or
more of the exterior architectural features of a building or
structure.
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1 B.
E.
F.
G.
H.
"Applicant" means the person, his/her agents, successors or
assigns who submits or is required to submit an application
for design review pursuant to this Chapter.
"Certificate of review" means the report of the HPC
described in Section 17.38.140.
"Commission" means the Port Townsend Historic Preservation
Commission established by Port Townsend Ordinance No. 2035,
as hereafter amended, and codified in Chapter 2.72 of the
Port Townsend Municipal Code.
"Demolition" means any act or process which destroys in
whole or in part a building, structure or object.
"Design review standards" mean the guidelines used by the
HPC in conducting its design review responsibilities
established in this Chapter.
"Development" means any improvement or alteration to real
property which requires a building or sign permit.
"Emergency repair" means work necessary to prevent
destruction or dilapidation of real property or
appurtenances thereto immediately threatened or damaged by
fire, flood, earthquake or other disaster, or to correct an
unsafe condition.
"Historic district" means that area within the City of Port
Townsend nominated to the National Register of Historic
Places on April 19, 1976, the boundaries of which are
described as:
Beginning at Port Townsend Bay in a northwesterly
direction co-linear with Polk Street and continuing to
the edge of the bluff along Water Street, then
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following the bluff toward the southwest to the vacated
Scott Street right-of-way, along that right-of-way to
its intersection with Jefferson Street, southwest along
Jefferson one-half block then 90 degrees to the
northwest along a line parallel to Scott Street
continuing to Lawrence Street, northeast along Lawrence
to Walker Street, northwest along Walker to Blaine
Street, northeast along Blaine to Van Buren Street,
southeast along Van Buren to Garfield Street, northeast
along Garfield to Harrison Street, northwest along
Harrison to Chestnut Street, north along Chestnut to F
Street, east along F to Oak Street, north along Oak to
Taft Street, along Taft to a point mid-block between
Adams and Quincy Streets, then 90 degrees to the
northwest along a line parallel to Quincy then 90
degrees to the northeast taking in the property at the
west corner of Quincy and Taft Streets, returning along
Quincy to Taft and continuing along Taft Street
northeast to Admiralty Inlet.
"HPC" or "Port Townsend Historic Preservation Commission" or
"Commission" means the commission created by Port Townsend
Ordinance No. 2035 and codified in Chapter 2.72 of the Port
Townsend Municipal Code.
"Object" means a material thing of functional, aesthetic,
cultural, historical, or scientific value that may be, by
nature or design, movable yet related to a specific setting
or environment.
"Ordinary repair and maintenance" means work for which a
permit issued by the city is not required by the City of
Port Townsend and the purpose and effect of which is to
correct any deterioration or decay of or damage to the real
property or structure or appurtenances thereon and to
restore the same, as nearly as may be practicable, to the
condition prior to the occurrence of such deterioration,
decay, or damage.
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"Port Townsend Historic Preservation Commission" or
"Commission" or "HPC" means the commission created by Port
Townsend Ordinance No. 2035, as hereafter amended, and
codified in Chapter 2.72 of the Port Townsend Municipal
Code.
"Sign" means any object, structure or portion thereof, other
than a flag or government symbol, which contains advertizing
and which is visible from any right-of-way open to the
public.
"Improvement" shall mean any building, structure, fixtures,
or other tangible feature affixed to real property which is
open to public view from a public right-of-way or waterway.
"Municipal improvement" shall mean any improvement on
property owned or controlled by the City, but excluding
other public agencies subject to the jurisdiction of City
regulations, and excluding also underground utility
improvements undertaken by the City.
Section ~, A new Section 17.38.060 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.060 Design review--Required.
A. Municipal improvements. City officials charged with
design responsibility for any municipal improvement,
structure or sign within the historic district shall
hold preliminary discussions on the proposed project
with the HPC to obtain its preliminary recommendations
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with respect to environmental, historic, architectural,
aesthetic and design considerations of the project.
The HPC shall review substantial municipal improvements
at the completion of the design development phase and
construction document phase, or at any other time it
deems necessary to further the purposes of this
Chapter. Any significant deviations from a plan
approved by the HPC shall be resubmitted to the HPC for
its further review and recommendation. The HPC's
recommendations on municipal improvements shall not be
binding upon the City, but shall be given considerable
weight in the decisions of City officials and the City
Council. The meaning of "substantial municipal
improvements" and "significant deviations" shall be
determined by a memorandum of agreement between the HPC
and the Mayor.
Requirement. No person shall begin or substantially
change any development subject to review under this
Chapter without first obtaining design review by the
HPC and obtaining a Certificate of Review or in the
case of demolition, a waiver, as a result of review.
Permits. No city permit or approval shall be issued
for any development for projects requiring HPC review
without first obtaining design review by the HPC and
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obtaining a Certificate of Review or in the case of
demolition, a waiver, as a result of review.
Demolition. No demolition of any building or structure
subject to review under this Chapter shall begin
without first obtaining design review by the HPC of the
proposed replacement development and obtaining a
Certificate of Review. In the event the applicant has
not determined a replacement development, the HPC may,
after reviewing the effects of the demolition, issue a
waiver of design review prior to demolition if it finds
that the proposed demolition prior to design review
would not be detrimental to the purposes of this
Chapter. In the event of a finding by the city of an
unsafe condition, an abatement order may be issued by
the City without compliance with this subsection (E),
provided that all reasonable efforts have first been
made to preserve and correct unsafe conditions rather
than damage or demolish valuable buildings, structures
or objects.
Section 6. A new Section 17.38.070 is hereby added to the
Port Townsend Municipal Code to read as follows:
17..3.8.07Q.. Exemptions. The following activities do not
require a Certificate of Review or review by the HPC:
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ordinary repair or maintenance; emergency repairs; interior
remodelling or interior decoration.
Section 7. A new Section 17.38.080 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.080 Design review--Not binding on applicant. A. The
recommendations of the HPC set forth in a Certificate of Review
shall be advisory only and shall not be binding on the applicant
or any other person; provided, however, that the applicant may at
his/her option agree to certain binding conditions contained
therein in the course of approval of a variance, conditional use
permit, environmental determination, reduction of off-street
parking requirements or other city approval related to the
development.
B. Nothing in this section shall, however, be construed to
limit the substantive authority of the City pursuant to the State
Environmental Policy Act (43.21C RCW).
Section 8. A new Section 17.38.100 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38,100 Pre-app~icati0n review--optional. Prior to
submitting an application for design review and/or building
permit, any person proposing a development which is subject
to review under this Chapter may submit the plans required
in Section 17.38.120 in preliminary or sketch form so that
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the comments and advice of the HPC may be incorporated into
the plans submitted for application. Such pre-application
consultations are encouraged to assist project proponents
achieve the best possible development and to facilitate
timely review of the proposal whenever an application is
made on the project.
Section 9. A new Section 17.38.120 is hereby added to the
Port Townsend Municipal Code to read as follows:
17,38.120 Design review--Application.
A. Applications for design review shall be submitted
to the HPC at the building department and shall consist of a
completed application on a form prescribed by the HPC,
accompanied by a site plan showing the location of the
building or buildings, parking, exterior lighting, signs and
landscaping; exterior elevations of the front and side with
a description of the type and finished color of exterior
siding, windows, and roofing to be used; detailed drawings
of architectural features, signs and trim; and historic and
"as is" photographs of the subject building or site and
adjacent structures. All diagrams shall be drawn to scale.
The HPC may request additional information necessary for
their review and recommendation.
B. Applicants for a conditional use permit or variance
pursuant to Title 17, or an environmental determination
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pursuant to Title 19, shall submit their plans for review
and recommendation to the HPC at least thirty (30) days
prior to the first hearing or meeting of the Planning
Commission or Board (City council) scheduled on the proposed
development.
Section 10. A new Section 17.38~140 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.140 Design review--Process.
A. Upon receipt of a completed aPplication for review,
the building official shall notify the HPC and forward the
application to its members.
B. The HPC shall set a public meeting time and place
as soon as possible to review the application accordin~to
the design review standards established pursuant to Section
17.38.160. The HPC shall request the applicant, and any
design professionals assisting the applicant, to attend the
meeting. If the applicant, or the applicant's
representative responsible for project design, fails to
attend the meeting, an alternate meeting shall be scheduled
by the HPC within thirty days of the initial meeting;
provided, that in such event, the thirty (30) day review
period, prescribed in subsection (E) below, shall not
commence from the date of the application but shall instead
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commence on the date to which the meeting on the subject
application is continued. Failure of the applicant, or the
applicant's representative responsible for project design,
to attend either the initial or continued meeting set for
review of the application shall constitute a failure of the
application requirements and no permits shall be granted by
the city on the project unless and until the applicant has
reapplied for review and obtained a Certificate of Review
pursuant to this Chapter.
C. The HPC may schedule additional meetings as it may
find necessary and desirable to complete its review. The
HPC may, in the execution of its review, assign any portion
of the review of any application to any member or committee
of the HPC; provided, that final action to issue a
Certificate of Review shall be made by a majority vote of
the quorum present.
D. Upon receipt of an application for a permit for
development subject to review under this Chapter, the
building official shall
1. inform the applicant of the review requirements,
2. report receipt of the application to the HPC,
3. assist the HPC in considering building, zoning,
shoreline, sign and fire code requirements which may
apply to the proposed development, and
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4. shall not issue any such permit until a
Certificate of Review has been obtained.
E. Unless an extension is authorized by the applicant,
the HPC shall complete its review within thirty (30) days of
receipt of a complete application. In the event the HPC
fails to issue a Certificate of Review within such period, a
Certificate of Review shall be deemed to have been issued
without recommendation as if the HPC had so acted.
section 11. A new Section 17.38.160 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.160 Design review--Standards.
A. In its review of proposals which are subject to
this Chapter, the HPC shall be guided by the Secretary of
the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings (revised~ 1983),
including but not necessarily limited to the following
Standards for Rehabilitation set forth therein:
1. Every reasonable effort shall be made to provide a
compatible use for a property which requires minimal
alteration of the building, structure, or site and its
environment, or to use a property for its originally
intended use.
2. The distinguishing original qualities or character of a
building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic
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material or distinctive architectural features should be
avoided when possible.
3. Ail buildings, structures and sites shall be recognized
as products of their own time. Alterations that have no
historic basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of
time are evidence of the history and development of a
building. These changes may have acquired significance in
their own right, and this significance shall be recognized
and respected.
5. Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure, or
site shall be treated with sensitivity.
6. Distinctive architectural features shall be repaired
rather than replaced, wherever possible. In the event
replacement is necessary, the new material should match the
material being replaced in composition, design, color,
texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on
accurate duplications of features, substantiated by
historic, physical, or pictorial evidence rather than on
conjectural designs or the availability of different
architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other
cleaning methods that will damage the historic building
materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and
preserve archeological resources affected by, or adjacent to
any project.
9. Contemporary design for alterations and additions to
existing properties shall not be discouraged when such
alterations and additions do not destroy significant
historical, architectural or cultural material, and such
design is compatible with the size, scale, color, material,
and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to
structures shall be done in such a manner that if such
additions or alterations were to be removed in the future,
the essential form and integrity of the structure would be
unimpaired.
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In addition, for proposals in the downtown, the HPC shall consult
the guidelines provided in Water Street Historic District: A
Field Report of the National Trust for Historic Preservation,
reprinted in 1977.
The HPC may also from time to time adopt by rule additional or
modified standards and guidelines as authorized by subsection
2.72.060(A)(4) of the Port Townsend Municipal Code, as provided
herein.
Section 12. A new Section 17.38.180 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.180 Certificate of review. Whenever the HPC has
completed it review, it shall issue a Certificate of Review on a
form prescribed by the HPC. The Certificate of Review shall
include, but not necessarily be limited to, the following
information: The name of the applicant, the date the certificate
is issued, the location of the proposed development, a brief
narrative description of the development, specific reference to
any and all plans submitted by the applicant, whether or not the
HPC finds the proposed development to be contributing to the
historic district, and any and all specific design
recommendations made by the HPC on the application.
Section 13, A new Section 17.38.200 is hereby added to the
Port Townsend Municipal Code to read as follows:
17.38.200 Effect of review on other approvals.
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A. Issuance of a Certificate of Review by the HPC does
not constitute or imply approval of any other permit or
approval which may be required for the development.
B. No provision of this Chapter shall be interpreted
as limiting the authority of the Board of Adjustment or the
City Council to impose conditions as authorized elsewhere in
this Title, or pursuant to Title 19, Environmental
Protection.
C. Properties subject to review pursuant to this
Chapter shall be subject to the provisions set forth herein,
as well as the bulk, use, setback, and other provisions of
the zoning district in which they are located. Nothing
contained herein shall be construed to repeal, modify, or
waive any applicable provisions of state or local laws,
rules, regulations or ordinances.
D. Neither the HPC nor its committees are delegated
any executive or legislative power, authority or
responsibility.
Section 14. Section 2.72.060 of the Port Townsend Municipal
Code and Ordinance 2035 are each hereby amended as follows:
2.72.060 ((P~we~s-a~-B~es)) Authority and Functions.
A. Authority. The HPC
~-~es)) is hereby authorized to:
1. Serve as the local review board to exercise the
functions and duties as defined and authorized pursuant to
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Chapter 449, Washington State Laws of 1985, and Washington
Administrative Code 25-15, as now or hereafter amended;
2. ~rve as ~he review board to exercise the functions
and duties defined and authorized pursuant to this Chapter:
~- Re¥~ew proposa~ ~o develop, demolish, or chanae
development within the Historic District pursuant to
Chapters 17.38 ~nd ~7.30: and
4. Adopt standards ~n its rules to be used to auide
review of DroDo~a~ ~nd the issuance of a certificate of
Review or waiver.
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. ((Be-~me~-~-~)) Provide information to
the public on incentives for preservation of historic
resources;
2. Review and comment upon the conduct and regulation
of land use, development, and municipal improvements within
the historic district;
3. Make recommendations to the mayor and city council
upon request on matters of city history and historic
preservation;
4. Provide design ~uidelines and recommend resources
upon request of an owner of property within the historic
district; and Drovid~ review and advice, upon th~ request of
the City council, of applications for. per~i~s, variances.
environmental assessments or impact statements, and other
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similar approvals pertainina to identified historic
resources or adjacent properties.
5. Participate in,.promote and conduct public
information, educational and interpretive proarams
pertaininq.to historic resources.
6. Provide information to the public on methods of
maintainina and rehabilitatin~ historic properties. 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 aovernment
entities which will further historic preservation
objectives, includina public education, within the City
area.
8. Review and comment to the Plannina Commission and
City Council Qp ~a~d Use. housing, redevelopment, municipal
improvement and pther types of plannina and proarams
undertaken by any aqencY of the city. other neiahborina
communities, the County, the state or federal aovernments.
as they relate tO historic resources within the historic
9. officially recoani~e excellence in the
rehabilitation of historic buildinas, structures, sites and
districts, and new cQnstruGtion in histQr~c areas: and
encouraae appropriate measures for such recoanition.
((~))10. Such other ((~u~es)) functions as directed
by the mayor or city council ((by-e~a~ee)).
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Section 15. A new Section 2.72.045 is hereby added to the Port
Townsend Municipal Code to read as follows:
2.72.045 Conflict of interest. Members of the HPC shall
disqualify themselves from sitting as a member of the HPC and
shall not otherwise participate on behalf of themselves or any
applicant in any HPC actions in which they have an interest. An
interest shall be deemed to include, but not necessarily be
limited to, a member's own interest or the interest of a client,
employer or family member.
Section 16, Severability. In the event any one or more of the
provisions of this ordinance shall for any reason be held to be
invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be
construed and enforced as if such invalid provision had not been
contained therein; provided, that any provision which shall for
any reason be held by reason of its extent to be invalid shall be
deemed to be in effect to the extent permitted by law.
Section 17. Evaluation. On or about the twelfth month
following the effective date of this ordinance, the HPC shall
prepare and submit to the City Council an evaluation of the
design review process initiated by this ordinance. The report of
the HPC shall evaluate the extent to which the purposes set forth
herein are furthered by this ordinance and the process through
which its reviews have been made. The report shall also include
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any recommendations which the commission may wish to make to
improve the process or standards of review.
Section 18. Effective .Date.
effective on August 31, 1990.
This ordinance shall become
Read for the first time on the 3rd day of July ,
1990, and for the second and third times on the /7 ~-~ day of
,5/ , 1990, and passed by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held
this / 7
day of . . ~7~,y/,/ , 1990.
SIGNED IN OPEN SESSION
Brent Shirley, Mayor
ATTEST: ~.~ ~
David A. Grove, %ty~/e,~_~/~~ · -
Approved as to fOrm: (_
Keith Harper, City Attorney
((~e~e~e~-~e~))
added, text
MH:7-3-90
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