Planning Commission PKT 05-17-2017City of Federal Way
PLANNING COMMISSION
May 17, 2017 City Hall
6:30 p.m. Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
April 19, 2017
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
• Public Hearing
Proposed Text Amendments to FWRC Related to Protection and
Preservation of Landmarks
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners
Lawson Bronson, Chair
Tom Medhurst, Vice -Chair
Hope Elder
Wayne Carlson
Tim O Neil
Diana Noble-Gulliford
Dawn Meader McCausland
Anthony Murrietta, Alternate
Dale Couture, Alternate
K\Planning Commission\2017\Agenda 05-17-17.doc
City Staff
Robert "Doc" Hansen, Planning Manager
Margaret Clark, Principal Planner
E. Tina Piety, Administrative Assistant
253-835-2601
WWW. ciNoo ffederalway. cont
CITY OF FEDERAL WAY
PLANNING COMMISSION
April 19, 2017 City Hall
6:30 p.m. City Council Chambers
MEETING MINUTES
Commissioners present: Lawson Bronson, Hope Elder, Wayne Carlson and Diana Noble-Gulliford, Tim
O'Neil,,Dawn Meader McCausland, Anthony Murrietta, and Dale Couture. Commissioners absent: Tom
Medhurst (excused). City Staff present: Community Development Director Brian Davis, Planning
Manager Robert "Doc" Jensen, Senior Planner David Van De Weghe, Deputy City Attorney Mark
Orthmann, and Administrative Assistant Tina Piety. Guest: Sound Transit's Executive Project Director
Dan Abernathy.
CALL TO ORDER
Chair Bronson called the meeting to order at 6:30 P.M.
APPROVAL OF MINUTES � _-.
The minutes of April 5,.2017, were Approved as presented..
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Senior Planner Van De Weghe invited Commissions to Monday's LUTC on the proposed amendments for multifamily
housing. Secondly he introduced Robert "Doc" Hansen, the department's new Planning Manager.
COMMISSION BUSINESS
Briefing — Sound Transit Stakeholder Workshop
Senior Planner Van De Weghe introduced Sound Transit's Executive Project Director Dan Abernathy who
delivered the presentation. Staff has been meeting for several months with Sound Transit regarding the
Federal Way Link Extension. Sound Transit has completed the environmental process and is moving
forward with design, engineering, and construction. Project Director Abernathy displayed the project
timeline, which shows that Sound Transit has started the right-of-way requisition work (they will seek the
Sound Transit Board's approval for requisitions on Monday). In addition, the timeline shows they have
started the "design -build" process. Project Director Abernathy discussed the proposed route and transit
stations. Sound Transit is going into the final design stage with goals to maintain the consensus and
streamline permitting. To help meet those goals, Sound Transit will be holding a stakeholder workshop in
KAPlanning Commission12016Neeting Summary 04-19-17.doc
Planning Commission Minutes Page 2 April 19, 2017
May (tentatively May 16t`) and would like one or two Commissioners to attend. Project Director
Abernathy said that he is in receipt of the questions asked by Commissioner Noble-Gulliford and he and
his staff are preparing responses. He expects those responses will be done by the end of next week and he
can return to the Commission to present them.
Commissioner Carlson asked if the upcoming workshop is a true workshop (where Sound Transit will
consider using the suggestions made) or a briefing and project update. Project Director Abernathy
responded that Sound Transit will be using a design -build process and this process allows some flexibility
to the design (such as the entrances to the stations) and Sound Transit will consider the suggestions made
at the workshop.
Commissioner O'Neil commented that the design for the upgrades to the current Federal Way Sound
Transit station seems to indicate that the existing garage will be torn down. Is this correct? Project
Director Abernathy replied no, the existing garage will stay and Sound Transit will build a second garage.
Because of this, the bus lanes will be moved.
Commissioner Murrietta asked how many new parking stalls will there be in the new garage? He is
concerned that with only four stories, there will not be enough parking to satisfy future demand. Project
Director Abernathy commented that Sound Transit has discussed parking with the impacted cities. The
new garage will have 400 spaces (in addition to the existing garage). Commissioner Murrietta suggested
that Sound Transit consider adding even more parking stalls due to the large demand. Project Director
Abernathy responded that he will look for opportunities to add more parking stalls.
Commissioner Noble-Gulliford asked about Transit Oriented Development (TOD). She asked if Project
Director Abernathy will be the city's contact for TOD. He replied that others who have that expertise will be
L11%, ofliCiai wntactS, viit lie "wiii be at UIV lilcctirlg5. She rioted that Sound TrailSit Will be purcilaeirig propetiy
for right-of-way and TOD at the same time. She expressed concern about the property purchased for TOD
standing empty for a long period of time. Sound Transit's documents talk about discounting property, will
this process be part of the purchase negotiations? Project Director Abernathy replied that Sound Transit is
talking to cities, residents, and business owners about these issues and how to address them.
Commissioner Carlson asked that Sound Transit purchase property within the narrowest area that is
needed. He would hate to see large amounts of property that sit vacant until the project is completed; and
then are disposed of as surplus. Project Director Abernathy responded that Sound Transit will purchase
within the tightest property lines as possible.
Commissioner Murrietta commented that while it will be hard on those whose property is purchased for
this project, there are ways owners can benefit from the process. He suggested Sound Transit consider
teaching people about the opportunities that might exist.
Commissioner Meader McCausland asked what will happen to the properties between the time they are
purchased and construction. Project Director Abernathy replied that Sound Transit is working closely
with the owners. If possible, the property will not sit vacant. If the property does sit vacant, any buildings
will be demolished and the property secured.
Commissioner Elder asked if a decision has been made on what will happen to Mark Twain. Project
Director Abernathy replied that a decision has not been made and the issue will not be resolved for a few
more months.
Commissioner O'Neil asked if Sound Transit has any statistics of how many cars have been removed
from the roads due to light-rail. Project Director Abernathy stated that is a difficult statistic to obtain, but
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is probably in the 30% range. One factor is that the real estate boom is adding to the cars and we are not
likely to see much improvement in the traffic because of that.
Chair Bronson commented that he is concerned that Sound Transit is using design -build. In his
experience, it has always led to cost overruns.
Having no more comments or questions from Commissioners, Project Director Abernathy requested that
one or two Commissioners commit to attending the stakeholders workshop planned for mid-May (May
15`i' or 16'b). The workshop is for agencies and city staff (no public) and will be held at Federal Way City
Hall, 9:00 to noon. Commissioners O'Neil and Noble-Gulliford stated they will attend.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 7:26 P.M.
KAPlanning Commission\1016Meeting Summary 04-19-17.doc
40k
CITY OF
Federal Way
PLANNING COMMISSION
STAFF REPORT
DATE: May 9, 2017
TO: Lawson Bronson, Planning Commission Chair
FROM: Brian Davis, Community Development Director
Dave Van De Weghe, Senior Planner
SUBJECT: Protection and Preservation of Landmarks Ordinance
L Introduction
The Planning Commission held study sessions on October 19, 2016, and December 7, 2016, to
discuss two options for establishing a historic preservation program:
1. The City should draft its own historic preservation ordinance and hire
preservation staff, or
2. The City should enter into an interlocal agreement with King County for historic
preservation services and adopt King County's historic landmark designation
ordinance by reference.
Commissioners preferred option #2 based upon the efficiencies of partnering with King County.
The proposed ordinance adopts the King County preservation ordinance by reference, with minor
changes. Following adoption of this ordinance, King County and the City will approve an
interlocal agreement.
II. Background
The 2016 Planning Commission Work Programs lists the following discretionary action: "Adopt
an ordinance establishing a historic preservation program and request certification as a Certified
Local Government."
Historic preservation is accomplished through the official designation of historic landmarks by
the City. The City must first formalize the landmark designation process by adopting an
ordinance.
Certified Local Government (CLG)
CLG status helps a local government encourage, develop, and maintain its local preservation
efforts in coordination with its development plans. Benefits of CLG status include the following:
• Special grants from the State Historic Preservation Officer.
• Local historic preservation expertise recognized by state and federal agencies.
• Technical assistance and training from the State Historic Preservation Office.
Page 1
• Participation in nominations to the National Register of Historic Places.
• National historic preservation assistance network (publications and professional
assistance).
• Information exchange with the State Historic Preservation Office.
• Participation in statewide preservation programs and planning.
The following responsibilities are required of a CLG:
• Maintain a historic preservation commission.
• Survey local historic properties.
• Enforce state or local preservation laws.
• Provide for public participation.
• Other functions delegated or required by the state.
By partnering with an existing CLG (King County), the City will be entitled to all the benefits of
CLG status upon adoption of a preservation ordinance and interlocal agreement.
Costs
The forthcoming interlocal agreement will specify the fees King County charges to review
landmark nominations and certificate of appropriateness applications. If the City establishes
application fee rates that equal review costs, the program will be self-sufficient.
III. Proposed Code Amendment
The proposed amendment adopts the King County preservation ordinance by reference, with
several minor edits, via a new chapter in the zoning chapter of the Federal Way Revised Code
(FWRC). The major sections of the ordinance are as follows.
1. Identify a historic preservation commission.
• City council will appoint one local citizen to serve on the nine -member King County
Landmarks Commission for a term length of five years.
2. Provide criteria for designating landmarks.
Must be at least 40 years old and:
• Is associated with historical events or significant historical persons; or
• Embodies distinctive characteristics of a period, style, design, etc.; or
• Yields historically important information; or
• Is an outstanding work of an important designer or builder.
3. Outline the process for nominating landmarks.
• Written owner consent is required for all nominations.
• City accepts nomination applications and forwards them to King County preservation
staff for review; then recommendation to approve or disapprove is sent to the
Landmarks Commission.
Page 2
• Landmarks Commission approves or disapproves nomination in a public hearing.
4. Provide a review process for approving alterations to designated landmarks.
• City accepts nomination applications and forwards them to King County preservation
staff for review.
• King County preservation staff approves minor alterations or makes recommendation
to approve or disapprove to Landmarks Commission for major alterations.
• Landmarks Commission approves or disapproves major alterations in a public hearing.
5. Establish a special tax valuation.
• The value of improvements to historic properties is exempt from property tax for 10
years.
IV. Timeline
The following is the anticipated timeline for completion of the code amendment:
SEPA Notice to Newspaper
4/14/2017
Issue SEPA Determination
4/14/2017
14 -Day Comment Period Ends
4/28/2017
Notice of Planning Commission Public Hearing
4/28/2017
Planning Commission Public Hearing
5/17/2017
21 -Day Appeal Period Ends
5/19/2017
Land Use/Transportation Committee Meeting
6/5/2017
City Council I" Reading
6/20/2017
City Council 2nd Reading
7/5/2017
Notice in Newspaper
7/7/2017
Ordinance Effective
7/10/2017
Following adoption of this ordinance, the City will approve an interlocal agreement and forward
it to King County for their approval; expected in late 2017.
V. Public Comments
No comments were received as of the date of this report.
VI. Reason for Planning Commission Action
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning
Commission is as follows:
Page 3
To review and evaluate the proposed zoning code text regarding any proposed
amendments.
2. To determine where the proposed zoning code text amendments meet the criteria
established in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed
zoning code text amendments.
VII. Decisional Criteria
FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes
compliance of the proposed zoning text amendments with the criteria provided by this chapter.
The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
Staff Response — The proposed code amendment is consistent with the following goals and
policies:
LUG 14 — Use historic resources as an important element in the overall design
of the City.
LUP 65 — Identify vista points and historic buildings for preservation.
LUP 66 — Develop a process to designate historic landmark sites and
structures. Use developer incentives or other mechanisms to ensure that these
sites and structures will continue to be a part of the community.
LUP 69 — Safeguard and manifest Federal Way's heritage by preserving those
sites, buildings, structures, and objects which reflect significant elements of the
City's history.
LUP 71— Undertake an effort to publicly commemorate historic sites.
LUP 72 — The City shall continue to work with the Historical Society of
Federal Way towards attainment of historic resource policies.
EDP 25 — Implement zoning and provide financial incentives that encourage
prioritized development consistent with comprehensive and subarea plans and
orderly, phased growth.
EDG 9 — Encourage and support the development of recreational and cultural
facilities and/or events that will bring additional visitors to Federal Way, and
increase visitor spending.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
Staff Response — The proposed code amendment bears a substantial relationship to public
welfare because it preserves historic sites for the cultural benefit of all citizens, offers
economic incentives to encourage the rehabilitation of historic properties, and facilitates
cultural heritage tourism.
3. The proposed amendment is in the best interest of the residents of the City.
Page 4
Staff Response — The proposed amendment is in the best interest of the public and the
residents of the City of Federal Way because it preserves, protects, and enhances those
sites, buildings, districts, structures, and objects which reflect significant elements of the
City of Federal Way's, the county's, the state's, and the nation's cultural, aesthetic,
social, economic, architectural, ethnic, archeological, historic, and other heritage; fosters
civic pride in the accomplishments of the past; and provides incentives for the continued
ownership and use of landmarks.
VIII. Planning Commission Action
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding the proposed development regulation amendments:
1. Recommend to City Council adoption of the FWRC text amendments as
proposed;
2. Modify the proposed FWRC text amendments and recommend to City Council
adoption of the FWRC text amendments as modified;
Recommend to City Council that the proposed FWRC text amendments not be
adopted;. or
4. Forward the proposed FWRC text amendments to City Council without a
recommendation.
ExHIBITS
Exhibit A: Proposed City Ordinance FWRC 19.285, "Protection and Preservation of Landmarks"
Exhibit B: King County Ordinance — KCC 203.62, "Protection and Preservation of Landmarks,
Landmark Sites and Districts"
Exhibit C: Regional Historic Preservation Program
Page 5
Exhibit A
Proposed City Ordinance, Revised — FWRC 19.285 "Protection and Preservation of Landmarks"
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to the protection and preservation of landmarks and adding new
Chapter 19.285 to the Federal Way Revised Code.
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt rules and regulations
to protect and preserve the historic buildings, structures, districts, sites, objects, and
archeological sites within the City of Federal Way for the benefit of present and future
generations; and
WHEREAS, the Planning Commission conducted public workshops on these code
amendments on October 19, 2016 and December 7, 2016; and
WHEREAS, the Land Use & Transportation Committee of the City Council of the City
of Federal Way conducted a study session on these code amendments on December 5, 2016; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on April 14, 2017, and no comments or appeals were received and the
DNS was finalized on May 19, 2017; and
Ordinance No. 17- Page I of 8
Rev 3/17 LU
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on May 17, 2017, and forwarded a recommendation of approval; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on June 5, 2017, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by protecting and preserving the historic buildings, structures,
districts, sites, objects, and archeological sites within the City of Federal Way for the benefit of
present and future generations.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Ordinance No. 17- Page 2 of 8
Rev 3/17 LU
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG 14 — Use historic resources as an important element in the overall design of the
City.
LUP 65 — Identify vista points and historic buildings for preservation.
LUP 66 — Develop a process to designate historic landmark sites and structures. Use
developer incentives or other mechanisms to ensure that these sites and structures will
continue to be a part of the community.
LUP 69 — Safeguard and manifest Federal Way's heritage by preserving those sites,
buildings, structures, and objects which reflect significant elements of the City's history.
LUP 71 — Undertake an effort to publicly commemorate historic sites.
LUP 72 — The City shall continue to work with the Historical Society of Federal Way
towards attainment of historic resource policies.
EDP 25 — Implement zoning and provide financial incentives that encourage prioritized
development consistent with comprehensive and subarea plans and orderly, phased
growth.
EDG 9 — Encourage and support the development of recreational and cultural facilities
and/or events that will bring additional visitors to Federal Way, and increase visitor
spending.
Ordinance No. 17- Page 3 of 8
Rev 3/17 LU
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because it preserves historic sites for the cultural benefit of all
citizens, offers economic incentives to encourage the rehabilitation of historic properties, and
facilitates cultural heritage tourism.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it preserves, protects and enhances those sites, buildings,
districts, structures and objects which reflect significant elements of the city of Federal Way's
cultural, aesthetic, social, economic, architectural, ethnic, archeological, historic and other
heritage, fosters civic pride in the accomplishments of the past, and provides incentives for the
continued ownership and use of landmarks.
Section 3. Title 19 of the Federal Way Revised Code is hereby amended to add a new
chapter 19.285 to read as follows:
Chapter 19.285
PROTECTION AND PRESERVATION OF LANDMARKS
Sections:
19.285.010 Purpose.
19.285.020 King County Code Chapter 20.62 Adopted.
19.285.030 Landmarks Commission Created — Membership and Organization.
19.285.040 Review of Building and Related Permits.
19.285.050 Appeal Procedure.
19.285.060 Redesignation of Existing Landmarks.
19.285.010 Purpose.
The purposes of this chapter are to:
(1) Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts,
structures and objects that reflect significant elements of the city's cultural, aesthetic, social,
economic, political, architectural, ethnic, archaeological, engineering, historic, and other
heritage;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Stabilize and improve the economic values and vitality of landmarks;
(4) Encourage, protect, and enhance the .city's tourist industry by promoting heritage -related
tourism;
Ordinance No. 17- Page 4 of 8
Rev 3/17 LU
(5) Promote the continued use, exhibition, and interpretation of significant sites, districts,
buildings, structures, and objects for the education, inspiration, and welfare of the people of the
city;
(6) Promote and continue incentives for ownership and utilization of landmarks;
(7) Assist, encourage and provide incentives to public and private owners for preservation,
restoration, rehabilitation, and use of landmark buildings, sites, districts, structures, and objects;
(8) Work cooperatively with other jurisdictions to identify, evaluate, and protect historic
resources in furtherance of the purposes of this chapter.
19.285.020 King County Code Chapter 20.62 Adopted.
As now or hereafter amended, the following sections of Chapter 20.62 King County Code
("KCC") are adopted as amended, added to, or excepted in this chapter and are incorporated by
reference:
(1) KCC 20.62.020 — Definitions, except as follows:
(a) Subsection H is changed to read: "Director" is the director of the city of Federal Way
community development department or designee.
(b) Add Subsection Z: "Council" is the city of Federal Way city council.
(2) KCC 20.62.040 — Designation Criteria, except all references to "King County" are changed
to read "city of Federal Way."
(3) KCC 20.62.050 — Nomination Procedure, except that property owner written consent is
required prior to King County acceptance of a nomination request.
(4) KCC 20.62.070 — Designation Procedure, except all references to "King County" are changed
to read "city of Federal Way."
(5) KCC 20.62.080 — Certificate of Appropriateness Procedure, except the last sentence of
Subsection A thereof.
(6) KCC 20.62. 100 — Evaluation of Economic Impact.
(7) KCC 20.62.130 — Penalty for Violation of Section 20.62.080 (FWRC 19.285.020(5)).
(8) KCC 20.62.140 — Special Valuation for Historic Properties.
19.285.030 Landmarks Commission Created — Membership and Organization.
(1) The King County Landmarks Commission ("Commission"), established pursuant to Chapter
20.62 KCC, is hereby designated and empowered to act as the landmarks Commission for the
city of Federal Way pursuant to the provisions of this chapter.
(2) The special member of the Commission, provided for in Section 20.62.030 KCC, shall be
appointed by the city council. Such special member shall have a demonstrated interest and
competence in historic preservation. Such appointment shall be made for a five-year term. Such
special member shall serve until his or her successor is duly appointed and confirmed by the city
council. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same
manner and with the same qualifications as if at the beginning of the term, and the person
appointed to fill the vacancy shall hold the position for the remainder of the unexpired term.
Such special member may be reappointed but may not serve more than two consecutive, five-
year terms. Such special member shall be deemed to have served one full term, if such special
member resigns at any time after appointment or if such special member serves more than three
years of an unexpired term. The special member of the commission shall serve without
compensation.
Ordinance No. 17- Page 5 of 8
Rev 3/17 LU
(3) The Commission shall file its rules and regulations, including procedures consistent with this
chapter, with the city clerk.
19.285.040 Application Completeness.
Permit applications for changes to landmark properties shall not be considered complete unless
accompanied by a certificate of appropriateness pursuant to Section 20.62.080 KCC. Upon
receipt of an application for a development proposal which affects a Federal Way landmark or a
historic resource that has received a preliminary determination of significance as defined in
Section 20.62.080 KCC, the application circulated to the King County historic preservation
officer shall be deemed an application for a certificate of appropriateness pursuant to Section
20.62.080 KCC, if accompanied by the additional information required to apply for such
certificate.
19.285.050 Review of Building and Related Permits.
The official responsible for the issuance of building and related permits shall promptly refer
applications for permits that "affect" historic buildings, structures, objects, sites, districts, or
archaeological sites to the King County Historic Preservation Officer ("HPO") for review and
comment.
For the purposes of this section, "affect" shall be defined as an application for change to the
actual structure, on a property with a landmark structure or designated as a landmark property, or
on an adjacent property sharing a common boundary line, or included in King County's Historic
Resources Inventory. The responsible official shall seek and take into consideration the
comments of the HPO regarding mitigation of any adverse effects affecting historic buildings,
structures, objects, sites, or districts.
19.285.060 Appeal Procedure.
(1) A party of record aggrieved by a decision of the Commission designating or rejecting a
nomination for designation of a landmark or issuing or denying a certificate of appropriateness
may appeal such decision pursuant to the procedures established for process IV review in
Chapter 19.70 FWRC.
(2) If, after the appeal hearing, the hearing examiner determines:
(a) An error in fact was made by the Commission, the hearing examiner shall remand the
proceeding to the Commission for reconsideration; or
(b) The decision of the Commission is based on an error in judgment or conclusion, the
hearing examiner may modify or reverse the decision of the Commission.
19.285.070 Redesignation of Existing Landmarks.
All King County landmarks designated pursuant to the provisions of Chapter 20.62 KCC that are
in compliance with this chapter and that are located within the boundaries of the city shall be
subject to the provisions of the ordinance codified in this chapter and considered city of Federal
Way landmarks.
Ordinance No. 17- Page 6 of 8
Rev 3/17 LU
Section 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 5th day of July, 2017.
CITY OF FEDERAL WAY:
MAYOR, JIM FERRELL
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
Ordinance No. 17- Page 7 of 8
Rev 3/17 LU
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 17- Page 8 of 8
Rev 3/17 LU
Chapter 20.62
PROTECTION AND PRESERVATION OF LANDMARKS,
LANDMARK SITES AND DISTRICTS
Sections:
20.62.0 10 Findings and declaration of purpose.
20.62.020 Definitions.
20.62.030 Landmarks commission created - membership and organization.
20.62.040 Designation criteria.
20.62.050 Nomination procedure.
20.62.070 Designation procedure.
20.62.080 Certificate of appropriateness procedure.
20.62. 100 Evaluation of economic impact.
20.62. 110 Appeal procedure.
20.62.120 Funding.
20.62.130 Penalty for violation of Section 20.62.080.
20.62.140 Special valuation for historic properties.
20.62.150 Historic Resources - review process.
20.62.160 Administrative rules.
20.62.200 Severability.
20.62.010 Findings and declaration of purpose. The King County council finds that:
A. The protection, enhancement, perpetuation and use of buildings, sites, districts, structures and
objects of historical, cultural, architectural. engineering, geographic, ethnic and archaeological significance
located in King County, and the collection, preservation, exhibition and interpretation of historic and
prehistoric materials, artifacts, records and information pertaining to historic preservation and
archaeological resource management are necessary in the interest of the prosperity, civic pride and general
welfare of the people of King County.
B. Such cultural and historic resources are a significant part of the heritage, education and
economic base of King County, and the economic, cultural and aesthetic well-being of the county cannot be
maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or
defacement of such resources.
C. Present heritage and preservation programs and activities are inadequate for insuring present
and future generations of King County residents and visitors a genuine opportunity to appreciate and enjoy
our heritage.
D. The purposes of this chapter are to:
1. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures
and objects which reflect significant elements of the county's, state's and nation's cultural, aesthetic, social,
economic, political, architectural, ethnic, archaeological, engineering, historic and other heritage;
2. Foster civic pride in the beauty and accomplishments of the past;
3. Stabilize and improve the economic values and vitality of landmarks;
4. Protect and enhance the county's tourist industry by promoting heritage -related tourism;
5. Promote the continued use, exhibition and interpretation of significant historical or
archaeological sites, districts, buildings, structures, objects, artifacts, materials and records for the
education, inspiration and welfare of the people of King County;
6. Promote and continue incentives for ownership and utilization of landmarks;
7. Assist, encourage and provide incentives to public and private owners for preservation,
restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
8. Assist, encourage and provide technical assistance to public agencies, public and private
museums, archives and historic preservation associations and other organizations involved in historic
preservation and archaeological resource management; and
9. Work cooperatively with all local jurisdictions to identify, evaluate, and protect historic
resources in furtherance of the purposes of this chapter. (Ord. 14482 § 68, 2002: Ord. 10474 § 1, 1992:
Ord. 4828 §
1, 1980).
20.62.020 Definitions. The following Nvords and ternis shall, when used in this chapter. be defined
as follows unless a different meaning clearly appears from the context:
A. "Alteration" is any construction, demolition, removal, modification, excavation, restoration or
remodeling of a landmark.
B. 'Building" is a structure created to shelter any form of human activity, such as a house, barn,
church, hotel or similar structure. Building may refer to an historically related complex, such as a
courthouse and jail or a house and barn.
C. "Certificate of appropriateness" is written authorization issued by the commission or its
designee permitting an alteration to a significant feature of a designated landmark.
D. "Commission" is the landmarks commission created by this chapter.
E. "Community landmark" is an historic resource which has been designated pursuant to K.C.C.
20.62.040 but which may be altered or changed without application for or approval of a certificate of
appropriateness.
F. "Designation" is the act of the commission determining that an historic resource meets the
criteria established by this chapter.
G. "Designation report" is a report issued by the commission after a public hearing setting forth its
determination to designate a landmark and specifying the significant feature or features thereof.
H. 'Director" is the director of the King County department of development and environmental
services or his or her designee.
L 'District" is a geographically definable area, urban or rural, possessing a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or
aesthetically by plan or physical development. A district may also comprise individual elements separated
geographically but linked by association or history.
J. "Heritage" is a discipline relating to historic preservation and archaeology, history, ethnic
history, traditional cultures and folklore.
K. "Historic preservation officer" is the King County historic preservation officer or his or her
designee.
L. "Historic resource" is a district, site, building, structure or object significant in national, state or
local history, architecture, archaeology, and culture.
M. "Historic resource inventory" is an organized compilation of information on historic resources
considered to be significant according to the criteria listed in K.C.C. 20.62.040A. The historic resource
inventory- is kept on file by the historic preservation officer and is updated from time to time to include
newly eligible resources and to reflect changes to resources.
N. "Incentives" are such compensation, rights or privileges or combination thereof, which the
council, or other local, state or federal public body or agency, by virtue of applicable present or future
legislation, may be authorized to grant to or obtain for the owner or owners of designated landmarks.
Examples of economic incentives include but are not limited to tax relief conditional use permits,
rezoning, street vacation, planned unit development, transfer of development rights, facade easements,
gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public
improvements, or amenities, or the like.
O. "Interested person of record" is any individual, corporation, partnership or association which
notifies the commission or the council in writing of its interest in any matter before the commission.
P. "Landmark" is an historic resource designated as a landmark pursuant to K.C.C. 20.62.060.
Q. "Nomination" is a proposal that an historic resource be designated a landmark.
R. "Object" is 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.
S. "Owner" is a person having a fee simple interest, a substantial beneficial interest of record or a
substantial beneficial interest known to the commission in an historic resource. Where the owner is a public
agency or government, that agency shall specify the person or persons to receive notices under this chapter.
T. 'Person" is any individual, partnership, corporation, group or association.
U. 'Person in charge" is the person or persons in possession of a landmark including, but not
limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee,
tenant, agent, or any other person directly or indirectly in control of the landmark.
V. 'Preliminary determination" is a decision of the commission determining that an historic
resource which has been nominated for designation is of significant value and is likely to satisfy the criteria
for designation.
W. "Significant feature" is any element of a landmark which the commission has designated
pursuant to this chapter as of importance to the historic, architectural or archaeological value of the
landmark.
X. "Site" is the location of a significant event, a prehistoric or historic occupation or activity. or a
building or structure, whether standing, ruined, or vanished, where the location itself maintains an historical
or archaeological value regardless of the value of any existing structures.
Y. "Structure" is any functional construction made usually for purposes other than creating human
shelter. (Ord. 14482 69, 2002: Ord. 11620 § 13, 1994: Ord. 10474 § 2, 1992: Ord. 4828 § 2,
1980).
20.62.030 Landmarks commission created - membership and organization.
A. There is created the King County landmarks commission which shall consist of nine regular
members and special members selected as follows:
1. Of the nine regular members of the commission at least three shall be professionals who have
experience in identification, evaluation, and protection of historic resources and have been selected from
among the fields of history, architecture; architectural history, historic preservation, planning, cultural
anthropology, archaeology, cultural geography, landscape architecture, American studies, law, or other
historic preservation related disciplines. The nine regular members of the commission shall be appointed by
the county executive, subject to confirmation by the council, provided that no more than four members
shall reside within any one municipal jurisdiction. All regular members shall have a demonstrated interest
and competence in historic preservation.
2. The county executive may solicit nominations for persons to serve as regular members of the
commission from the Association of King County Historical Organizations, the American Institute of
Architects (Seattle Chapter), the Seattle King County Bar Association, the Seattle Master Builders, the
chambers of commerce, and other professional and civic organizations familiar with historic preservation.
3. One special member shall be appointed from each municipality within King County which has
entered into an interlocal agreement with King County providing for the designation by the commission of
landmarks within such municipality in accordance with the terms of such interlocal agreement and this
chapter. Each such appointment shall be in accordance with the enabling ordinance adopted by such
municipality.
B. Appointments of regular members, except as provided in subsection C of this section, shall be
made for a three-year term. Each regular member shall serve until his or her successor is duly appointed
and confirmed. Appointments shall be effective on June 1st of each year. In the event of a vacancy, an
appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at
the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the
remainder of the unexpired term. Any member may be reappointed, but may not serve more than two
consecutive three-year terms. A member shall be deemed to have served one full term if such member
resigns at any time after appointment or if such member serves more than two years of an unexpired term.
The members of the commission shall serve without compensation except for out-of-pocket expenses
incurred in connection with commission meetings or programs.
C. After May 4, 1992, the term of office of members becomes effective on the date the council
confirms the appointment of commission members and the county executive shall appoint or reappoint
three members for a three-year term, three members for a two-year term, and three members for a one-year
term. For purposes of the limitation on consecutive terms in subsection B of this section an appointment for
a one -or a two-year term shall be deemed an appointment for an unexpired term.
D. The chair shall be a member of the commission and shall be elected annually by the regular
commission members. The commission shall adopt, in accordance with K.C.C. chapter 2.98, rules and
regulations, including procedures, consistent with this chapter. The members of the commission shall be
governed by the King County code of ethics, K.C.C. chapter. 3.04. The commission shall not conduct any
public hearing required under this chapter until rules and regulations have been filed as required by K.C.C.
chapter 2.98.
E. A special member of the commission shall be a voting member solely on matters before the
commission involving the designation of landmarks within the municipality from which such special
member was appointed.
F. A majority of the current appointed and confirmed members of the commission shall constitute
a quorum for the transaction of business. A special member shall count as part of a quorum for the vote on
any matter involving the designation or control of landmarks within the municipality from which such
special member was appointed. All official actions of the commission shall require a majority vote of the
members present and eligible to vote on the action voted upon. No member shall be eligible to vote upon
any matter required by this chapter to be detennined after a hearing unless that member has attended the
hearing or familiarized him or herself with the record.
G. The commission may from time to time establish one or more committees to further the
policies of the commission, each with such powers as may be lawfully delegated to it by the commission.
H. The county executive shall provide staff support to die commission and shall assign a
professionally qualified county employee to serve as a full-time historic preservation officer. Under the
direction of the commission, the historic preservation officer shall be the custodian of the commission's
records. The historic preservation officer or his or her designee shall conduct official correspondence, assist
in organizing die commission and organize and supervise the commission staff' and the clerical and
technical work of the commission to the extent required to administer this chapter.
I. The commission shall meet at least once each month for the purpose of considering and holding
public hearings on nominations for designation and applications for certificates of appropriateness. Where
no business is scheduled to come before the commission seven days before the scheduled monthly meeting,
the chair of the commission may cancel the meeting. All meetings of the commission shall be open to the
public. The commission shall keep minutes of its proceedings, showing the action of the commission upon
each question, and shall keep records of all official actions taken by it, all of which shall be filed in the
office of the historic preservation officer and shall be public records.
J. At all hearings before and meetings of the commission, all oral proceedings shall be
electronically recorded. The proceedings may also be recorded by a court reporter if any interested person
at his or her expense shall provide a court reporter for that purpose. A tape recorded copy of the electronic
record of any hearing or part of a hearing shall be furnished to any person upon request and payment of the
reasonable expense of the copy.
K. The commission is authorized, subject to the availability of funds for that purpose, to expend
moneys to compensate experts, in whole or in part, to provide technical assistance to property owners in
connection with requests for certificates of appropriateness upon a showing by the property owner that the
need for the technical assistance imposes an unreasonable financial hardship on the property owner.
L. Commission records, maps or other information identifying the location of archaeological sites
and potential sites shall be exempt from public disclosure as specified in RCW 42.17.3 10 in order to avoid
looting and depredation of the sites. (Ord. 14482 § 70, 2002: Ord. 10474 § 3, 1992: Ord. 10371 § 1, 1992:
Ord. 4828 § 3, 1980).
20.62.040 Designation criteria.
A. An historic resource may be designated as a King County landmark if it is more than forty
years old or, in the case of a landmark district, contains resources that are more than forty years old, and
possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
1. Is associated with events that have made a significant contribution to the broad patterns of
national, state or local history; or
2. Is associated with the lives of persons significant in national, state or local history; or
3. Embodies the distinctive characteristics of a type, period, style or method of design or
construction, or that represents a significant and distinguishable entity whose components may lack
individual distinction; or
4. Has yielded or may be likely to yield, information important in prehistory or history; or
5. Is an outstanding work of a designer or builder who has made a substantial contribution to the
art.
B. An historic resource may be designated a community landmark because it is an easily
identifiable visual feature of a neighborhood or the county and contributes to the distinctive quality or
identity of such neighborhood or county or because of its association with significant historical events or
historic themes, association with important or prominent persons in the community or county, or
recognition by local citizens for substantial contribution to the neighborhood or community. An
improvement or site qualifying for designation solely by virtue of satisfying criteria set out in this section
shall be designated a community landmark and shall not be subject to the provisions of 20.62.080.
C. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious
institutions or used for religious purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative in nature, and properties that have
achieved significance within the past forty years shall not be considered eligible for designation. However,
such a property shall be eligible for designation if they are:
1. An integral pari of districts that meet the criteria set out in 20.62.040A or if it is:
2. A religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
3. A building or structure removed from its original location but which is significant primarily for
its architectural value, or which is the surviving structure most importantly associated with a historic person
or event; or
4. A birthplace, grave or residence of a historical figure of outstanding importance if there is no
other appropriate site or building directly associated with his or her productive life; or
5. A cemetery that derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic events; or
6. A reconstructed building when accurately executed in a suitable environment and presented in a
dignified manner or as part of a restoration master plan, and when no other building or structure with the
same association has survived; or
7. A property commemorative in intent if design, age, tradition, or symbolic value has invested it
with its own historical significance; or
8. A property achieving significance within the past forty years if it is of exceptional importance.
(Ord. 10474 § 4, 1992: Ord. 4828 § 4, 1980).
20.62.050 Nomination procedure.
A. Any person, including the historic preservation officer and any member of the commission,
may nominate an historic resource for designation as a landmark or community landmark. The procedures
set forth in Sections 20.62.050 and 20.62.080 may be used to amend existing designations or to terminate
an existing designation based on changes which affect the applicability of the criteria for designation set
forth in Section 20.62.040. The nomination or designation of an historic resource as a landmark shall
constitute nomination or designation of the land which is occupied by the historic resource unless the
nomination provides otherwise. Nominations shall be made on official nomination forms provided by the
historic preservation officer, shall be filed with the historic preservation officer, and shall include all data
required by the commission.
B. Upon receipt by the historic preservation officer of any nomination for designation, the officer
shall review the nomination, consult with the person or persons submitting the nomination, and the owner,
and prepare any amendments to or additional information on the nomination deemed necessary by the
officer. The historic preservation officer may refuse to accept any nomination for which inadequate
information is provided by the person or persons submitting the nomination. It is the responsibility of the
person or persons submitting the nomination to perform such research as is necessary for consideration by
the commission. The historic preservation officer may assume responsibility for gathering the required
information or appoint an expert or experts to carry out this research in the interest of expediting the
consideration.
C. When the historic preservation officer is satisfied that the nomination contains sufficient
information and complies with the commission's regulations for nomination, the officer shall give notice in
writing, certified mail/return receipt requested, to the owner of the property or object, to the person
submitting the nomination and interested persons of record that a preliminary or a designation
determination on the nomination will be made by the commission. The notice shall include:
1. The date, time, and place of hearing;
2. The address and description of the historic resource and the boundaries of the nominated
resource;
3. A statement that, upon a designation or upon a preliminary determination of significance, the
certificate of appropriateness procedure set out in Section 20.62.080 will apply;
4. A statement that, upon a designation or a preliminary determination of significance, no
significant feature may be changed without first obtaining a certificate of appropriateness from the
commission, whether or not a building or other permit is required. A copy of the provisions of Section
20.62.080 shall be included with the notice;
5. A statement that all proceedings to review the action of the commission at the hearing on a
preliminary determination or a designation will be based on the record made at such hearing and that no
further right to present evidence on the issue of preliminary determination or designation is afforded
pursuant to this chapter.
D. The historic preservation officer shall, after mailing the notice required herein, refer the
nomination and all supporting information to the commission for consideration on the date specified in the
notice. No nomination shall be considered by the commission less than thirty nor more than forty five
calendar days after notice setting the hearing date has been mailed except where the historic preservation
officer or members of the commission have reason to believe that immediate action is necessary to prevent
destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall
so state. (Ord. 10474 § 5, 1992: Ord. 4828 § 5, 1980).
20.62.070 Designation procedure.
A. The commission may approve, deny, amend or terminate the designation of a historic resource
as a landmark or community landmark only after a public hearing. At the designation hearing the
commission shall receive evidence and hear argument only on the issues of whether the historic resource
meets the criteria for designation of landmarks or community landmarks as specified in K.C.C. 20.62.040
and merits designation as a landmark or community landmark; and the significant features of the landmark.
The hearing may be continued from time to time at the discretion of the commission. If the hearing is
continued, the commission may make a preliminary determination of significance if the commission
determines, based on the record before it that the historic resource is of significant value and likely to
satisfy the criteria for designation in K.C.C. 20.62.040. The preliminary determination shall be effective as
of the date of the public hearing at which it is made. Where the commission makes a preliminary
determination it shall specify the boundaries of the nominated resource, the significant features thereof and
such other description of the historic resource as it deems appropriate. Within five working days after the
commission has made a preliminary determination, the historic preservation officer shall file a written
notice of the action with the director and mail copies of the notice, certified mail, return receipt requested,
to the owner, the person submitting the nomination and interested persons of record.
The notice shall include:
1. A copy of the commission's preliminary determination; and
2. A statement that while proceedings pursuant to this chapter are pending, or six months from the
date of the notice, whichever is shorter, and thereafter if the designation is approved by the commission, the
certificate of appropriateness procedures in K.C.C. 20.62.080, a copy of which shall be enclosed, shall
apply to the described historic resource whether or not a building or other permit is required. The decision
of the commission shall be made after the close of the public hearing or at the next regularly scheduled
public meeting of the commission thereafter.
B. Whenever the commission approves the designation of a historic resource under consideration
for designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the
decision is made, issue a written designation report, which shall include:
1. The boundaries of the nominated resource and such other description of the resource sufficient
to identify its ownership and location;
2. The significant features and such other information concerning the historic resource as the
commission deems appropriate;
3. Findings of fact and reasons supporting the designation with specific reference to the criteria for
designation in K.C.C. 20.62.040; and
4. A statement that no significant feature may be changed, whether or not a building or other
permit is required, without first obtaining a certificate of appropriateness from the commission in
accordance with K.C.C. 20.62.080, a copy of which shall be included in the designation report. This
subsection B.4. shall not apply to historic resources designated as community landmarks.
C. Whenever the commission rejects the nomination of a historic resource under consideration for
designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the
decision is made, issue a written decision including findings of fact and reasons supporting its
determination that the criteria in K.C.C. 20.62.040 have not been met. If a historic resource has been
nominated as a landmark and the commission designates the historic resource as a community landmark,
the designation shall be treated as a rejection of the nomination for King County landmark status and the
foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent
renominating any historic resource rejected under this subsection as a King County landmark at a future
time.
D. A copy of the commission's designation report or decision rejecting a nomination shall be
delivered or mailed to the owner, to interested persons of record and the director within five working days
after it is issued. If the commission rejects the nomination and it has made a preliminary determination of
significance with respect to the nomination, it shall include in the notice to the director a statement that
K.C.C. 20.62.080 no longer applies to the subject historic resources.
E. If the commission approves, or amends a landmark designation, K.C.C. 20.62.080 shall apply
as approved or amended. A copy of the commission's designation report or designation amendment shall be
recorded with the records, elections and licensing services division, or its successor agency, together with a
legal description of the designated resource and notification that K.C.C. 20.62.080 and 20.62.130 apply. If
the commission terminates the designation of a historic resource, K.C.C. 20.62.080 shall no longer apply to
the historic resource. (Ord. 14482 § 71, 2002: Ord. 14176 § 4, 2001: Ord. 11620 § 14, 1994: Ord. 10474 §
6, 1992: Ord. 4828 § 7, 1980).
20.62.080 Certificate of appropriateness procedure.
A. At any time after a designation report and notice has been filed with the director and for a
period of six months after notice of a preliminary determination of significance has been mailed to the
owner and filed with the director, a certificate of appropriateness must be obtained from the commission
before any alterations may be made to the significant features of the landmark identified in the preliminary
determination report or thereafter in the designation report. The designation report shall supersede the
preliminary determination report. This requirement shall apply whether or not the proposed alteration also
requires a building or other permit. The requirements of this section shall not apply to any historic resource
located within incorporated cities or towns in King County, except as provided by applicable interlocal
agreement.
B. Ordinary repairs and maintenance which do not alter the appearance of a significant feature and
do not utilize substitute materials do not require a certificate of appropriateness. Repairs to or replacement
of utility systems do not require a certificate of appropriateness provided that such work does not alter an
exterior significant feature.
C. There shall be three types of certificates of appropriateness, as follows:
1. Type I, for restorations and major repairs which utilize in-kind materials.
2. Type II, for alterations in appearance, replacement of historic materials and new construction.
3. Type III, for demolition, moving and excavation of archaeological sites. In addition, the
commission shall establish and adopt an appeals process concerning Type I decisions made by the historic
preservation officer with respect to the applications for certificates of appropriateness.
The historic preservation officer may approve Type I certificates of appropriateness
administratively without public hearing, subject to procedures adopted by the commission. Alternatively
the historic preservation officer may refer applications for Type I certificates of appropriateness to the
commission for decision. The commission shall adopt an appeals procedure concerning Type I decisions
made by the historic preservation officer.
Type II and III certificates of appropriateness shall be decided by the commission and the
following general procedures shall apply to such commission actions:
1. Application for a certificate of appropriateness shall be made by filing an application for such
certificate with the historic preservation officer on forms provided by the commission.
2. If an application is made to the director for a permit for any action which affects a landmark, the
director shall promptly refer such application to the historic preservation officer, and such application shall
be deemed an application for a certificate of appropriateness if accompanied by the additional information
required to apply for such certificate. The director may continue to process such permit application, but
shall not issue any such permit until the time has expired for filing with the director the notice of denial of a
certificate of appropriateness or a certificate of appropriateness has been issued pursuant to this chapter.
3. After the commission has commenced proceedings for the consideration of any application for a
certificate of appropriateness by giving notice of a hearing pursuant to subsection 3 of this section, no other
application for the same or a similar alteration may be made until such proceedings and all administrative
appeals therefrom pursuant to this chapter have been concluded.
4. Within forty five calendar days after the filing of an application for a certificate of
appropriateness with the commission or the referral of an application to the commission by the director
except those decided administratively by the historic preservation officer pursuant to subsection 2 of this
section, the commission shalt hold a public hearing thereon. The historic preservation officer shall mail
notice of the hearing to the owner, the applicant, if the applicant is not the owner, and parties of record at
the designation proceedings, not less than ten calendar days before the date of the hearing. No hearing shall
be required if the commission, the owner and the applicant, if the applicant is not the owner, agree in
writing to a stipulated certificate approving the requested alterations thereof. This agreement shall be
ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the
commission grants a certificate of appropriateness, such certificate shall be issued forthwith and the historic
preservation officer shall promptly file a copy of such certificate with the director.
5. If the commission denies the application for a certificate of appropriateness, in whole or in part.
it shall so notify the owner, the person submitting the application and interested persons of record setting
forth the reasons why approval of the application is not warranted.
D. The commission shall adopt such other supplementary procedures consistent with K.C.C. 2.98
as it determines are required to carry out the intent of this section. (Ord. 11620 § 15, 1994: Ord. 10474 § 7,
1992: Ord. 4828 § 8, 1980).
20.62.100 Evaluation of economic impact.
A. At the public hearing on any application for a Type 11 or Type III certificate of appropriateness,
or Type I if referred to the commission by the historic preservation officer, the commission shall.. when
requested by the property owner, consider evidence of the economic impact on the owner of the denial or
partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is
established that the denial or partial denial will, when available incentives are utilized, deprive the owner of
a reasonable economic use of the landmark and there is no viable and reasonable alternative which would
have less impact on the features of significance specified in the preliminary determination report or the
designation report.
B. To prove the existence of a condition of unreasonable economic return, the applicant must
establish and the commission must find, both of the following:
1. The landmark is incapable of earning a reasonable economic return without making the
alterations proposed. This finding shall be made by considering and the applicant shall submit to the
commission evidence establishing each of the following factors:
a. The current level of economic return on the landmark as considered in relation to the following:
(1) The amount paid for the landmark, the date of purchase, and party from whom purchased,
including a description of the relationship, if any, between the owner and the person from whom the
landmark was purchased;
(2) The annual gross and net income, if any, from the landmark for the previous five (5) years;
itemized operating and maintenance expenses for the previous five (5) years; and depreciation deduction
and annual cash flow before and after debt service, if any, during the same period;
(3) The remaining balance on any mortgage or other financing secured by the landmark and
annual debt service, if any, during the prior five (5) years;
(4) Real estate taxes for the previous four (4) years and assessed value of the landmark according
to the two (2) most recent assessed valuations;
(5) All appraisals obtained within the previous three (3) years by the owner in connection with the
purchase, financing or ownership of the landmark;
(6) The fair market value of the landmark immediately prior to its designation and the fair market
value of the landmark (in its protected status as a designated landmark) at the time the application is filed;
(7) Form of ownership or operation of the landmark, whether sole proprietorship, for profit or not-
for-profit corporation, limited partnership, joint venture, or both;
(8) Any state or federal income tax returns on or relating to the landmark for the past two (2)
years.
b. The landmark is not marketable or able to be sold when listed for sale or lease. The sale price
asked, and offers received, if any, within the previous two (2) years, including testimony and relevant
documents shall be submitted by the property owner. The following also shall be considered:
(1) Any real estate broker or firm engaged to sell or lease the landmark,
(2) Reasonableness of the price or lease sought by the owner;
(3) Any advertisements placed for the sale or lease of the landmark.
c. The unfeasibility of alternative uses that can earn a reasonable economic return for the landmark
as considered in relation to the following:
(1) A report from a licensed engineer or architect with experience in historic restoration or
rehabilitation as to the structural soundness of the landmark and its suitability for restoration or
rehabilitation;
(2) Estimates of the proposed cost of the proposed alteration and an estimate of any additional cost
that would be incurred to comply with the recommendation and decision of the commission concerning the
appropriateness of the proposed alteration;
(3) Estimated market value of the landmark in the current condition after completion of the
proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued
use;
(4) In the case of proposed demolition, the testimony of an architect, developer, real estate
consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as
to the economic feasibility of rehabilitation or reuse of the existing landmark:
(5) The unfeasibility of new construction around, above, or below the historic resource.
d. Potential economic incentives and/or funding available to the owner through federal, state.
county, city or private programs.
2. The owner has the present intent and the secured financial ability, demonstrated by appropriate
documentary evidence to complete the alteration.
C. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other
appropriate factors applicable to economic return.
D. Upon reasonable notice to the owner, the commission may appoint an expert or experts to
provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the
economic impacts of approval, denial or partial denial of a certificate of appropriateness.
E. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a
basis for granting a certificate of appropriateness. (Ord. 10474 § 8, 1992: Ord. 4828 § 10, 1980).
20.62.110 Appeal procedure.
A. Any person aggrieved by a decision of the commission designating or rejecting a nomination
for designation of a landmark or issuing or denying a certificate of appropriateness may, within thirty-five
calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or
denial or approval of a certificate of appropriateness appeal such decision in writing to the council. The
written notice of appeal shall be filed with the historic preservation officer and the clerk of the council and
shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and
argument.
B. If, after examination of the written appeal and the record, the council determines, that: 1. An
error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration
or, if the council determines that:
2. the decision of the commission is based on an error in judgment or conclusion, it may modify or
reverse the decision of the commission.
C. The council's decision shall be based solely upon the record, provided that, the council may at
its discretion publicly request additional information of the appellant, the commission or the historic
preservation officer.
D. The council shall take final action on any appeal from a decision of the commission by
adoption of an Ordinance, and when so doing, it shall make and enter findings of fact from the record and
reasons therefrom which support its action. The council may adopt all or portions of the commission's
findings and conclusions.
E. The action of the council sustaining, reversing, modifying or remanding a decision of the
commission shall be final unless within twenty calendar days from the date of the action an aggrieved
person obtains a writ of certiorari from the superior court of King County, state of Washington, for the
purpose of review of the action taken. (Ord. 10474 § 9, 1992: Ord. 4828 § 11, 1980).
20.62.120 Funding.
A. The commission shall have the power to make and administer grants of funds received by it
from private sources and from local, state and federal programs for purposes of:
1. Maintaining, purchasing or restoring historic resources located within King County which it
deems significant pursuant to the goals, objectives and criteria set forth in this chapter if such historic
resources have been nominated or designated as landmarks pursuant to this chapter or have been designated
as landmarks by municipalities within King County or by the State of Washington, or are listed on the
National Historic Landmarks Register, the National Register of Historic Places; and
2. Developing and conducting programs relating to historic preservation and archaeological
resource management. The commission shall establish rules and regulations consistent with K.C.C. chapter
2.98 governing procedures for applying for and awarding of grant moneys pursuant to this section.
B. The commission may, at the request of the historic preservation officer, review proposals
submitted by county agencies to fund historic preservation and archaeological projects through the Housing
and Community Development Act of 1974 (42 U.S.C. Secs. 5301 et seq.), the State and Local Fiscal
Assistance Act of 1972 (31 U.S.C. Secs. 1221 et seq.) and other applicable local, state and federal funding
programs. Upon review of such grant proposals, the commission may make recommendations to the county
executive and county council concerning which proposals should be funded, the amount of the grants that
should be awarded, the conditions that should be placed on the grant, and such other matters as the
commission deems appropriate. The historic preservation officer shall keep the commission apprised of the
status of grant proposals, deadlines for submission of proposals and the recipients of grant funds. (Ord
14482 § 72, 2002: Ord. 10474 § 10, 1992: Ord. 4828 § 12, 1980).
20.62.130 Penalty for violation of Section 20.62.080. Any person violating or failing to comply
with the provisions of Section 20.62.080 of this chapter shall incur a civil penalty of up to five hundred
dollars per day and each day's violation or failure to comply shall constitute a separate offense: provided,
however, that no penalty shall be imposed for any violation or failure to comply which occurs during the
pendency of legal proceedings filed in any court challenging the validity of the provision or provisions of
this chapter, as to which such violations or failure to comply is charged. (Ord. 4828 § 13, 1980).
20.62.140 Special valuation for historic properties.
A. There is hereby established and implemented a special valuation for historic properties as
provided in chapter 84.26 RCW.
B. The King County_ landmarks commission is hereby designated as the local review board for the
purposes related to chapter 84.26 RCW, and is authorized to perform all functions required by chapter
84.16RCW and chapter 254-20 WAC.
C. All King County landmarks designated and protected under this chapter shall be eligible for
special valuation in accordance with chapter 84.26 RCW. (Ord. 14482 § 73, 2002: Ord. 10474 § 12,1992:
Ord. 9237 §§ 1-3, 1989).
20.62.150 Historic Resources - review process.
A. King County shall not approve any development proposal or otherwise issue any authorization
to alter, demolish, or relocate any historic resource identified in the King County Historic Resource
Inventory, pursuant to the requirements of this chapter. The standards contained in K.C.C. 2IA. 12,
Development Standards - Density and Dimensions and K.C.C. 2IA. 16, Development Standards -
Landscaping and Water Use shall be expanded, when necessary, to preserve the aesthetic, visual and
historic integrity of the historic resource from the impacts of development on adjacent properties.
B. Upon receipt of an application for a development proposal located on or adjacent to a historic
resource listed in the King County Historic Resource Inventory, the director shall follow the following
procedure:
1. The development proposal application shall be circulated to the King County historic
preservation officer for comment on the impact of the project on historic resources and for recommendation
on mitigation. This includes all permits for alterations to historic buildings, alteration to landscape
elements, new construction on the same or abutting lots, or any other action requiring a permit which might
affect the historic character of the resource. Information required for a complete pennit application to be
circulated to the historic preservation officer shall include:
a. a vicinity map;
b. a site plan showing the location of all buildings, structures, and landscape features;
c. a brief description of the proposed project together with architectural drawings showing the
existing condition of all buildings, structures, landscape features and any proposed alteration to them;
d. photographs of all buildings, structures, or landscape features on the site; and
e. an environmental checklist, except where categorically exempt under King County SEPA
guidelines.
2. Upon request, the historic preservation officer shall provide information about available grant
assistance and tax incentives for historic preservation. The officer may also provide the owner, developer,
or other interested party with examples of comparable projects where historic resources have been restored
or rehabilitated.
3. In the event of a conflict between the development proposal and preservation of an historic
resource, the historic preservation officer shall:
a. suggest appropriate alternatives to the owner/developer which achieve the goals of historic
preservation.
b. recommend approval, or approval with conditions to the director of the department of
development and environmental services; or
c. propose that a resource be nominated for county landmark designation according to procedures
established in the landmarks preservation ordinance (K. C. C. 20.62).
4. The director may continue to process the development proposal application, but shall not issue
any development permits or issue a SEPA threshold determination until receiving a recommendation from
the historic preservation officer. In no event shall review of the proposal by the historic preservation officer
delay permit processing beyond any period required by law. Permit applications for changes to landmark
properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant
to K.C.C. 20.62.080.
5. On known archaeological sites, before any disturbance of the site, including, but not limited to
test boring, site clearing, construction, grading or revegetation, the State Office of Archaeology and
Historic Preservation (OAHP), and the King County historic preservation officer. and appropriate Native
American tribal organizations must be notified and state permits obtained, if required by law. The officer
may require that a professional archaeological survey be conducted to identify site boundaries, resources
and mitigation alternatives prior to any site disturbance and that a technical report be provided to the
officer. OAHP and appropriate tribal organizations. The officer may approve, disapprove or require permits
conditions, including professional archeological surveys, to mitigate adverse impacts to known
archeological sites.
C. Upon receipt of an application for a development proposal which affects a King County
landmark or an historic resource that has received a preliminary determination of significance as defined by
K.C.C. 20.62.020V, the application circulated to the King County historic preservation officer shall be
deemed an application for a certificate of appropriateness pursuant to K.C.C. 20.62.080 if accompanied by
the additional information required to apply for such certificate. (Ord. 11620 § 12, 1994).
20.62.160 Administrative rules. The director may promulgate administrative rules and
regulations pursuant to K.C.C. 2.98, to implement the provisions and requirements of this chapter. (Ord.
11620 § 16,
1994).
20.62.200 Severability. If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or the application of the provision to other
persons or circumstances is not affected. (Ord. 10474 § 14, 1992).
(King County 12-2002)
REGIONAL HISTORIC PRESERVATION PROGRAM
What is the Regional Historic Preservation Program? King County is partnering with
cities throughout the county to provide historic preservation services. This cooperative
approach to preserving our region's history and character has many benefits:
• cost efficient delivery of professional services
• preservation and enhancement of significant aspects of local history
• access to incentives for property owners
• access to state and federal funding sources for preservation
• basis for tourism development programs
• enhancement of community character
What are the services? Services include, but are not limited to: landmark designation
and protection, preparation of landmark nomination applications, survey and inventory
of historic properties, developing design guidelines, archaeological review, and assisting
with preservation planning or other preservation -related work, all at the City's option.
Who provides the services? Services are provided through the County's Historic
Preservation Program (HPP), located in the Department of Natural Resources and Parks,
via an interlocal agreement between King County and the participating city.
What is the cost? The County is required by state law to receive full reimbursement for
its services; however, grants from the State Department of Archaeology and Historic
Preservation and other funders are available to defray some costs. Cities are billed
quarterly for HPP staff time. The City must authorize all work before it begins.
What are the benefits? One of the primary benefits of the program is that owners of
designated landmark properties are eligible to apply for a variety of incentive programs
including property tax reductions, brick -and -mortar grants, and technical assistance
from qualified preservation professionals. City planners also have access to professional
expertise for assistance with archaeological issues.
Kin Count Historic Preservation Program, Department of Natural Resources and Parks
King 7 201 S. Jackson, Suite 700, Seattle, WA 98104 (206) 477-4528
Regional Historic Preservation Program
Page 2 of 2
How is the program implemented? Cities adopt a preservation ordinance modeled after
the King County ordinance and enter into an interlocal agreement (service contract)
with the County. When the agreement is in place the City appoints a special member to
the King County Landmarks Commission, which acts on all landmark nominations that
are forwarded from the City. The City may elect to conduct design review (review of
proposed changes to landmark properties) itself or have King County provide the
service. Meetings involving city properties are conducted in the city whenever possible.
To date, 22 cities participate in the Regional Preservation Program.
For more information contact:
Jennifer Meisner
Historic Preservation officer
jennifer.meisner@kingcounty.gov
(206) 477-0384
L King Y Count Historic Preservation Program, Department of Natural Resources and Parks
201 S. Jackson, Suite 700. Seattle, WA 98104 (206) 477-4528
Tina Piety
From: David VanDeWeghe
Sent: Wednesday, May 17, 2017 3:40 PM
To: Tina Piety
Subject: FW: The Protection and Preservation of Landmarks Ordinance
Tina,
Do you collect public comments for distribution to the Planning Commission? I just received the following input on
tonight's agenda item.
Dave Van De Weghe, AICP
Senior Planner
Fileral Way
33325 8`" Avenue South
Federal Way, WA 98003-6325
Phone: 253/835-2638 Fax: 253/835-2609
www.cityoffederalway.com
From: Debbie [mailto:dbbryn(d)aol.com]
Sent: Wednesday, May 17, 2017 3:31 PM
To: David VanDeWeghe
Subject: The Protection and Preservation of Landmarks Ordinance
Dear Mr. VanDeWeghe,
My name is Debbie Sutherland Ryan. My family built and owned The Sutherland Store on Military Road until 1953
believe that it is very
important for the City of Federal Way to adopt a Protection and Preservation of Landmarks Ordinance for the city.
I was fortunate that my family store was in the county and therefore was designated a historical landmark many years
ago.
Had it not been -I'm sure that it would have been torn down by now. As you may know, it has been purchased and is
being
totally restored thanks to the counties ordinance.
There have been so many buildings in Federal Way that should have been preserved but have already been destroyed,
it would be a shame to lose any more.
would be there at the meeting tonight because I believe this is so extremely important but I live in Tucson AZ.
Thank you,
Debbie Sutherland Ryan
Tina Piety
From: David VanDeWeghe
Sent: Wednesday, May 17, 2017 5:45 PM
To: Tina Piety
Subject: FW: Protection and Preservation of Landmarks Ordinance
Attachments: 051717 PlnngComm mtng cmmnts - HistPresOrd.docx
Hi Tina. We have another public comment for tonight's hearing.
Dave Van De Weghe, AICP
Senior Planner
33325 81' Avenue South
Federal Way, WA 98003-6325
Phone: 253/835-2638 Fax: 253/835-2609
www.citvoffederalwaV.com
From: Jason Ludwig [mailto:iludwig777Ca>gmail.com]
Sent: Wednesday, May 17, 2017 5:44 PM
To: David VanDeWeghe
Subject: Protection and Preservation of Landmarks Ordinance
El
Greetings Mr. VanDeWeghe:
I will be at the Planning Commssion meeting tonight, likely saying some version of the attached during public
comment, but as I'm a better writer than I am speaker I wanted to submit my statements for the record.
Thank you very much, and please don't hesitate to reach out if you have any questions or comments.
Warmly yours,
Jason Ludwig
480-567-2785
jludwig777(a�gmail.com
Thank you. My name is Jason Ludwig, and while I'm also with the Historical Society I speak tonight not
from that perspective but from the perspective of someone who's lived in Federal Way for three years
after living in Phoenix for about 30.
Phoenix, a massive city of 1.5 million people, incorporated in 1881, so it has a good amount of history.
Or, rather, it should. Phoenix didn't adopt a historic preservation plan until two years ago, in 2015. I'm
pretty sure it's too late.
Phoenix, you see, spent the last 50 or so years gleefully demolishing its historic buildings, its legacy
structures, and anything else deemed outdated in favor of new development. It seemed sensible at the
time, I'm sure. It no doubt had short-term economic benefits.
But speaking from experience, there's no sense of pride in being from or living in Phoenix. It doesn't
mean anything, and few in Phoenix hold their city as a whole in high regard. And a big part of that, I
think, was a half -century of trading history for that short-term economic gain.
Development trends, like anything else, go through phases. They go through fads. The fad during
Phoenix's boom years was strip malls. Now that the boom is done and the short-term gains are spent,
the city is left, pretty much, with strip malls. That's what Phoenix got out of the trade for its legacy
structures. Lots of strip malls.
I came to Federal Way, as I said, three years ago. And for a city that's younger than I am, and considering
the external reputation it has that we're all familiar with, I found myself enthralled by the history here.
Fantastic, story -telling buildings and sites and a sense of pride among those who know about them. It
was foreign to me. Compared to Phoenix, even Federal Way's modest sense of history gave me a tinge
of pride in living here.
I joined the Historical Society because I wanted to help foster a sense of civic pride and connection to
my present city, something I always knew I was denied in Phoenix. I like to think we're doing a good job,
but I also know that it will always be an uphill battle as long as nothing officially protects Federal Way's
history. Development, the dollars involved, and changing architectural tastes have little respect for
heritage. But people do. This this city's people do too. I know it.
Phoenix waited 136 years to start practicing historical preservation, and it's lost so much. All it's gained
are strip malls and a population that finds no meaning in "being from Phoenix." If they could, I
guarantee city leaders would go back and start preserving their history when the city was only 27, like
Federal Way has the chance to with this ordinance.
Please don't repeat Phoenix's mistakes. There's no beauty in it and no long-term benefit. There's only
strip malls.
Thank you.