While all of this unfortunate park activity was being wrapped up Monday afternoon, the Seattle City Council was approving legislation creating official landmark status for the nearly 100-year-old Volunteer Park Conservatory.

The designation provides a specific approval framework for the Conservatory to limit external changes to the structure as part of the Department of Neighborhood’s Landmarks Preservation Board process. We’ve included the specific language of the new ordinance, below.

The landmark designation isn’t as super-sexy as it sounds (and, we know, it sounds super sexy, right?). It’s basically a preservation technique that is invoked to help create a rule set for owners of important historical properties for how the structures can be modified and developed. As each specific ordinance is worked out, the final rule set for each individual landmark is often shaped by the plans and needs of the property’s current owner. That’s the case with the Conservatory, said Landmark Preservation Board member for the Harvard-Belmont Landmark District, Beth Chave. Chave tells CHS that the reason it took so long for the Conservatory to finally be designated a landmark — it was first designated in 2002 — was this negotiation process as the current landowner, Seattle Parks, worked out an agreement for what limitations the property should be subject to.

Chave said the timing of the designation coming as Parks suffers cuts due to budget issues is purely coincidental. “In this case, and with other park property, we have a longer period for controls and incentives negotiation. But there is no relationship to the budget.”

We covered the concerns from the Friends of the Conservatory that the 1912 greenhouse might be targeted for potential cost cutting at some point by Parks.

Here’s the text of the Volunteer Park Conservatory landmark designation ordinance in case, you know, you wanted to designate a landmark in your backyard or something.

Council Bill Number: 116833

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.

Date introduced/referred: Apr 12, 2010

Date passed: Jul 12, 2010

Status: Passed

Vote: 9-0

Committee: Built Environment

Sponsor: CLARK

Index Terms: LANDMARKS, HISTORIC-BUILDINGS-AND-SITES, BROADWAY, VOLUNTEER-PARK

Fiscal Note: Fiscal Note to Council Bill 116833

Text

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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

Version #3

February 24, 2010