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HomeMy WebLinkAbout3785 Ordinance ORDINANCE NO. 3 ? S AN ORDINANCE of the City of Pasco, Washington, creating a new Title 27 "Historic Preservation" providing for the establishment of the City of Pasco Historic Preservation Commission; and determining the procedure for properties to enter into a Historic Preservation Special Valuation Agreement. WHEREAS, the State of Washington has established a Special Valuation program for the renovation of certain Historic Properties within the State; and WHEREAS, the State of Washington requires that the City establish a local review board to evaluate properties for inclusion into the Special Valuation Program; and WHEREAS, the City wishes to establish a Commission which will educate the pubic with regard to the historic resources within the community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Title 27 entitled "Historic Preservation" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: TITLE 27 HISTORIC PRESERVATION CHAPTER 27.040 PURPOSE.................................................................. 1 CHAPTER 27.050 SHORT TITLE. ...........................................................2 CHAPTER 27.060 DEFINITIONS ............................................................2 CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION .......................................................................................4 CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTYTAX VALUATION...................................................................6 CHAPTER27.090 CRITERIA .................................................................8 CHAPTER 27.100 AGREEMENT............................................................9 CHAPTER 27.110 APPEALS ..................................................................9 CHAPTER 27.040 PURPOSE. 27.040.010 PURPOSE. The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the City of Pasco and preserve and rehabilitate eligible historic properties within the City of Pasco for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: 1) Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Pasco's history; 2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Pasco's history; 3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; 4) Assist, encourage and provide incentives to private property owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; 5) Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative uses; and, 6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. CHAPTER 27.050 SHORT TITLE. 27.050.010 SHORT TITLE. The following sections shall be known and may be cited as the "Special Valuation for Historic Properties Ordinance of the City of Pasco." CHAPTER 27.060 DEFINITIONS 27.060.005 DEFINITIONS. The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: 27.060.010 CITY OF PASCO HISTORIC PRESERVAION COMMISSION. "City of Pasco Historic Preservation Commission", or "Commission" means the Commission created in Section 27.070.010 herein. 27.060.020 ACTUAL COST OF REHABILITATION. "Actual Cost of Rehabilitation" means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor-space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. 27.060.030 BUILDING. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. 27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CITY OF PASCO. "Class of properties eligible to apply for Special Valuation in the City of Pasco" means properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.060.050 COST. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. 27.060.060 EMERGENCY REPAIR. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. 27.060.070 HISTORIC PROPERTY. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed on the National Register of Historic Places. 27.060.080 LOCAL REVIEW BOARD. "Local Review Board", or "Board" used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the Commission created in Section 27.070.010 herein. 27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. 27.060.100 OWNER. "Owner" of property is the owner of record as exists on the Franklin County Assessor's records. 27.060.110 SPECIAL VALUATION. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). 27.060.120 STRUCTURE. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. 27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the City of Pasco Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION 27.070.010 CREATION AND SIZE. There is hereby established a City of Pasco Historic Preservation Commission, consisting of five (5) members, as provided in Sections 27.070.020 and 27.070.030 below. Members of the City of Pasco Historic Preservation Commission shall be appointed by the Mayor and approved by the Pasco City Council and shall be residents or own property in the City of Pasco, except as provided in Section 27.070.020(2) below. 27.070.020 COMPOSITION OF THE COMMISSION. 1) All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 2) The commission shall always include at least two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions. Furthermore, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 3) In making appointments, the Mayor may consider names submitted from any source. 27.070.030 TERMS. The original appointment of members to the Commission shall be as follows: two (2) for two (2) years; two (2) for three (3) years; and one (1) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appointment. 27.070.040 POWERS AND DUTIES. 1) Responsibility. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Pasco's historic resources by reviewing National Register properties applying for Special Tax Valuation; to raise community awareness of Pasco's history and historic resources; and to serve as the City of Pasco's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: a) Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. b) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. c) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the City of Pasco. d) Review and comment to the Pasco City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City of Pasco, other neighboring communities, the Franklin County, the State or Federal governments, as relate to historic resources of the City of Pasco. e) Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic preservation. Perform other related functions assigned to the Commission by the Pasco City Council or the Mayor. g) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. h) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. i) Be informed about and provide information to the public and City of Pasco departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. j) Investigate and report to the Pasco City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Pasco. k) Serve as the local review board for Special Valuation and: 1. Make determinations concerning the eligibility of historic properties for special valuation; 2. Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: 3. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254- 20-070(2); 4. Approve or deny applications for special valuation; 5. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and 6. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. 1) The Commission shall adopt rules of procedure to address their responsibilities under this ordinance. 27.070.050 COMPENSATION. All members shall serve without compensation. 27.070.060 RULES AND OFFICERS The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. 27.070.070 COMMISSION STAFF. Commission and professional staff assistance shall be provided by the Director of Community & Economic Development with additional assistance and information to be provided by other City of Pasco departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION 27.080.010 TIME LINES. 1) Applications shall be forwarded to the Commission by the Franklin County Assessor within ten (10) calendar days of filing. 2) Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made provided that the application is received prior to October 1. 3) Commission decisions regarding the applications shall be certified in writing and filed with the Franklin County Assessor within ten (10) calendar days of issuance. 27.080.020 PROCEDURE. 1) The Franklin County Assessor forwards the application(s) to the Commission. 2) The Commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Section 27.090.030 of this ordinance. a. If the Commission finds the properties meet all the criteria, then, on behalf of the City of Pasco, it enters into a Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section 27.100 of this ordinance) with the owner. Upon execution of the agreement between the owner and Commission, the Commission approves the application(s) b. If the Commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3) The Commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the Franklin County Assessor. 4) For approved applications: a. The Commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section 27.090.020 of this ordinance) to the Franklin County Assessor, b. Notifies the state review board that the properties have been approved for special valuation, and c. Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period. 5) The Commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of: a. The owner's failure to comply with the terms of the agreement, or b. Because of a loss of historic value resulting from physical changes to the building or site. c. For disqualified properties, in the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. CHAPTER 27.090 CRITERIA 27.090.010 HISTORIC PROPERTY CRITERIA: The class of historic property eligible to apply for Special Valuation in City of Pasco means properties listed on the National Register of Historic Places which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.090.020 APPLICATION CRITERIA: Complete applications shall consist of the following documentation: 1) A legal description of the historic property, 2) Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, 3) Architectural plans or other legible drawings depicting the completed rehabilitation work, and 4) A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and 5) For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or Pasco Director of Community and Economic Development, indicating the property is a certified historic structure is required. 6) Any other documents that the Commission needs to evaluate the request. All costs shall be the responsibility of the applicant. 27.090.030 PROPERTY REVIEW CRITERIA. In its review the Commission shall determine if the properties meet all the following criteria: 1) The property is historic property; 2) The property is included within a class of historic property determined eligible for Special Valuation by the City of Pasco under Section 27.080.020 of this ordinance; 3) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section 27.060.020 of this ordinance) within twenty-four months prior to the date of application; and the property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1). 27.090.040 REHABILITATION AND MAINTENANCE CRITERIA: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. 27.090.050 EVALUATION COSTS: Costs, mutually agreed upon by the applicant and Commission, including but not limited to the costs of professional services, incurred by the Commission in evaluating applications for Special Valuation shall be the responsibility of the applicant(s). CHAPTER 27.100 AGREEMENT 27.100.010 AGREEMENT. The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). CHAPTER 27.110 APPEALS 27.110.010 APPEALS. Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may he appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the Franklin County Board of Equalization. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 7th day of August, 2006. drrL,C'e,ojjln:� Joyce lso Mayo ATTEST: APPR VED-AS TO FORM: Sandy L. Kdnworthy Leland B. Kerr Deputy City Clerk City Attorney