AN ORDINANCE relating to historic preservation, imposing controls upon the Volunteer Park Conservatory, a landmark designated by the Landmarks Preservation Board under Chapter 25.12 of the Seattle Municipal Code, and adding it to the Table of Historical Landmarks contained in Chapter 25.32 of the Seattle Municipal Code.

WHEREAS, the Landmarks Ordinance, Chapter 25.12 of the Seattle Municipal Code (SMC), establishes a procedure for the designation and preservation of sites, improvements and objects having historical, cultural, architectural, engineering or geographic significance; and

WHEREAS, the Landmarks Preservation Board (the Board), after a public meeting on February 20, 2002, voted to approve the nomination of the improvements (the buildings) and a portion of the parcel of property on which the improvements are located at 1400 East Galer Street in Seattle for designation as a landmark under SMC Chapter 25.12; and

WHEREAS, after a public meeting on April 3, 2002, the Board voted to approve the designation of the Volunteer Park Conservatory under SMC Chapter 25.12; and

WHEREAS, on August 5, 2009, the Board and the owner of the designated landmark agreed to controls and incentives; and

WHEREAS, the Board recommends that the City Council enact a designating ordinance approving the controls and incentives;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. DESIGNATION: Pursuant to SMC 25.12.660, the designation by the Landmarks Preservation Board (the Board) of the improvements (the buildings) and a portion of the parcel of property on which the improvements are located, collectively referred to as the Volunteer Park Conservatory for the purposes of this ordinance, and physically located at 1400 East Galer Street in Seattle, is hereby acknowledged.

A. Legal Description.

1. The Volunteer Park Conservatory is located on a portion of the parcel legally described as:

The NE1/4 of the NE1/4 of Section 29, Township 25 North, Range 4 East, W.M.;

TOGETHER WITH a tract of land along the entire length of the north boundary of the SE1/4 of the NE1/4 of Section 29, Township 25 North, Range 4 East, W.M., commencing at the northeast corner of SE1/4 of the NE1/4 of Section 29, Township 25 North, Range 4 East, W.M., thence south along the east boundary of said tract a distance of 107.77 feet, thence westerly perpendicular to the centerline of 14th Avenue East, being at an angle to the northwest with the first line above, of 89 degrees 55' a distance of 1342.79 feet, more or less, to the west marginal line of said tract, thence north along said west marginal line a distance of 86.87 feet, more or less, to the northwest corner of said tract, thence easterly along the north line of said tract a distance of 1343.15 feet more or less to the place of beginning;

TOGETHER WITH the E1/2 of Blocks E and F of Phinney Addition to the City of Seattle according to the plat thereof recorded in Volume 1, page 175 records of King County Washington;

TOGETHER WITH that portion of 11th Avenue East (formerly 11th Avenue North), platted as Mountain Street in Phinney Addition to the City of Seattle, as vacated by Ordinance 26793, from the north line of Furth's Addition to the north line of Phinney Addition;

TOGETHER WITH Lot 2, Block A, Furth's Addition, according to the plat thereof recorded in Volume 16, page 73 records of King County Washington.

2. The portion of the parcel to be designated as a Landmark is as follows:

That portion of the NE1/4 of the NE1/4 of Section 29, Township 25 North, Range 4 East, W.M. in King County Washington, described as follows:

Commencing at the NE corner of said Section 29, Township 25 North, Range 4 East, W.M. thence N 89 degrees 30'03" W along the north line of said section, being the north line of Volunteer Park, a distance of 656 feet to the True Point of Beginning;

Thence continuing N 89 degrees 30'03" W along the north line of said section a distance of 244 feet;

Thence S 0 degrees 29'57" W a distance of 154 feet;

Thence S 89 degrees 30'03" E a distance of 244 feet;

Thence N 0 degrees 29'57" E a distance of 154 feet to the north line of said section and the True Point of Beginning.

B. Specific Features and/or Characteristics Designated. Pursuant to SMC 25.12.660.A.2, the following specific features and/or characteristics of the Volunteer Park Conservatory are designated:

1. The exterior of the Conservatory Building.

2. The interior of the Conservatory Building.

3. The exterior of the Potting Shed/Upper Greenhouse.

4. The parcel of property legally described above in Section 1.A.2, located at 1400 East Galer Street in Seattle.

C. Basis of Designation. The designation was made because the Volunteer Park Conservatory has significant character, interest or value as a part of the development, heritage or cultural characteristics of the City, state or nation, it has integrity or the ability to convey its significance, and because it satisfies the following from SMC 25.12.350:

1. It is associated in a significant way with a significant aspect of the cultural, political, or economic heritage of the community, City, state or nation (SMC 25.12.350.C).

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

3. Because of its prominence of spatial location, contrasts of siting, age, or scale, it is an easily identifiable visual feature of its neighborhood or the City and contributes to the distinctive quality or identity of such neighborhood or the City (SMC 25.12.350.F).

Section 2. CONTROLS: The following controls are hereby imposed on the features and characteristics of the Volunteer Park Conservatory that were designated by the Board for preservation:

A. Certificate of Approval Process.

1. Except as provided in Section 2.A.2 of this ordinance, the owner must obtain a Certificate of Approval issued by the Board pursuant to SMC Chapter 25.12, or the time for denying a Certificate of Approval must have expired, before the owner may make alterations or significant changes to the following specific features or characteristics:

a. The exterior of the Conservatory Building,

b. The interior of the Conservatory Building,

c. The exterior of the Potting Shed/Upper Greenhouse, and

d. The portion of the parcel of property legally described in Section 1.A.2, located at 1400 East Galer Street in Seattle.

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

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

b. Alterations to the interiors of the office, gift shop and restroom behind the Palm House of the Conservatory Building,

c. Alterations to the plant benches, furniture, trellises and display equipment throughout the interior of the Conservatory Building,

d. Alterations to the rockery and waterfall in the Fern House of the Conservatory Building,

e. Alterations to and/or replacement of the plant collection in the interior of the Conservatory Building,

f. Exterior security lighting, video cameras, and security system equipment,

g. Floor finishes and floor coverings,

h. Temporary window coverings and white washing treatment of all of the buildings,

i. Temporary signage and ADA signage,

j. Alterations to the north storage shed that is west of the Conservatory offices and gift shop,

k. Alterations to or removal of the cold frames,

l. Alterations to the metal chimney of the Potting Shed/Upper Greenhouse,

m. Alterations to non-original light fixtures,

n. Alterations to the service road between the Conservatory Building and the Potting Shed/Upper Greenhouse,

o. Alterations to the Park road and parking south of the Conservatory Building,

p. Temporary park furnishings, including benches and trash receptacles,

q. The removal/addition of the following landscape elements of the site: trees less than 8 inches in diameter measured 41/2 feet above ground, shrubs, perennials, and annuals, and

r. Installation or repair of underground irrigation providing that the site is restored in-kind.

B. City Historic Preservation Officer (CHPO) Approval Process.

1. The CHPO may review and approve the items listed in Section 2.B.3 of this Ordinance according to the following procedure:

a. The owner shall submit to the City Historic Preservation Officer (CHPO) a written request for the alterations, including applicable drawings and/or specifications.

b. If the CHPO, upon examination of submitted plans and specifications, determines that the alterations are consistent with the purposes of SMC Chapter 25.12, the alterations shall be approved without further action by the Board.

c. If the CHPO does not approve the alterations, the owner may submit revised materials to the CHPO, or apply to the Board for a Certificate of Approval under SMC Chapter 25.12, as provided in Section 2.A.

2. The CHPO shall transmit a written decision on the owner's request to the owner within 14 days of receipt of the request. Failure of the CHPO to approve or disapprove the request shall constitute approval of the request.

3. CHPO approval for changes or alterations to the designated features or characteristics of the landmark described in Section 1.B of this Ordinance, is available for the following:

a. The addition or elimination of duct conduits, HVAC vents, grilles, fire escapes, pipes, and other similar wiring or mechanical elements necessary for the normal operation of the building,

b. Removal of hazardous trees over 8 inches in diameter measured 41/2 feet above ground, and

c. Signage other than signage excluded in Section 2.A.2.i.

Section 3. INCENTIVES: The following incentives are hereby granted on the features and characteristics of the Volunteer Park Conservatory that were designated by the Board for preservation:

A. Uses not otherwise permitted in a zone may be authorized in a designated Landmark by means of an administrative conditional use issued pursuant to Seattle Municipal Code Title 23.

B. Exceptions to certain requirements of the Seattle Building Code, SMC Chapter 22.100, and the Energy Code of the City, SMC Chapter 22.700, may be authorized pursuant to the applicable provisions thereof.

C. Special tax valuation for historic preservation may be available under Chapter 84.26 RCW upon application and compliance with the requirements of that statute.

Section 4. Enforcement of this ordinance and penalties for its violation are as provided in SMC 25.12.910.

Section 5. The Volunteer Park Conservatory is hereby added to the Table of Historical Landmarks contained in SMC Chapter 25.32.

Section 6. The City Clerk is directed to record a certified copy of the ordinance with the King County Director of Records and Elections, deliver two certified copies to the City Historic Preservation Officer (CHPO), and deliver one copy to the Director of the Department of Planning and Development. The CHPO is directed to provide a certified copy of the ordinance to the owner of the landmark.

Section 7. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Elizabeth Chave/jom

DON, Volunteer Park Conservatory Landmark Designation ORD

February 24, 2010

Version #3