Memo to Seattle: You have to play by the preservation rules!
The state heritage office issues a warning on allowing high-rises in Pioneer Square, and meanwhile the tunnel is caught in a legal conundrum.
Two city efforts might run afoul of state and federal environmental and historic preservation rules.
A lawsuit over the deep-bore tunnel referendum has put the city in the awkward position of defending two apparently contradictory stances that could be problematic regarding the project's Environmental Impact Statement (EIS).
And state Historic Preservation Officer Allyson Brooks has sent a letter warning City Council member Sally Clark, chairwoman of the Committee on the Built Environment, that the scale of proposed up-zoning for Pioneer Square could potentially jeopardize the district's National Historic Register status, thus eliminating federal tax breaks and incentives for preserving the neighborhood.
In the first case, environmental attorney David Bricklin argued in a Crosscut op-ed last week that the city and state were trying to have it both ways on the tunnel project. City Attorney Pete Holmes is arguing on the one hand that the City Council has made a final policy decision to go ahead with the project, and because of that, it's not a decision eligible for the ballot. The measure is seen by tunnel proponents as an effort to kill the project.
On the other hand, the Washington State Department of Transportation (WSDOT) has not yet completed its EIS on the tunnel, which is required to comply with both the Federal and State Environmental Policy Acts (NEPA and SEPA). An EIS is supposed to give consideration to alternatives if a project has major adverse impacts on heritage and the environment. The EIS is supposed to be finished before a project gets the final go-ahead. Bricklin argued that:
The dilemma stems from the Seattle City Council’s (and the state's) efforts to circumvent the requirements of the State Environmental Policy Act....That law mandates a "look before you leap" approach to decision making. State and city agencies must prepare an environmental impact statement...before making major decisions.
The laws and rules on this process are complex, but Bricklin's argument rang a bell. That's because a year ago, I covered a lawsuit in federal court over the proposed demolition of the Federal Reserve Bank Building in downtown Seattle (a preview of the case here and outcome here). A citizen's group objected to plans to demolish the bank, which has a fascinating history.
There were many aspects to the case, but arguments that the bank had not adhered to federal law won the day. In his ruling, Federal Judge Robert Lasnik said that the Federal Reserve Bank could not sell a building first, then do an EIS afterwards, which it had done. That's because the EIS had to legitimately look at alternatives to demolition. If the building was already sold to a developer, for example, the bank could not consider an alternative that would keep it standing, such as transferring it to another federal agency that might want to occupy it.
EISs are supposed to take place before "the die [is] otherwise cast." Based on legal precedents, the Federal Reserve was found to be in violation of NEPA, the sale was nullified, and the bank was sent back to square one in the EIS process.
I contacted the Seattle land-use attorney who won the case for The Committee for the Preservation of the Seattle Federal Reserve Bank Building, Peter Eglick, and asked his opinion of Bricklin's arguments. He agreed that the city was stuck making a conflicting argument. "Somehow," he writes, "the City is irrevocably 'pregnant' with the tunnel for purposes of the referendum, but conception has not yet taken place for purposes of SEPA."
Without passing any judgments on the legality of the referendum case, the conflict over the EIS suggests there could be more litigation ahead. The mayor's office says that WSDOT is more than a month late in providing it with a final EIS.
Meanwhile, the City Council is considering significant changes to zoning and height restrictions in South Downtown, including Pioneer Square. Allowing more height there, especially to bring in more upscale residents, has a lot of support. Former Mayor Charles Royer wrote positively about the concept here on Crosscut.
But others are deeply concerned about the scale of some of the proposed changes. Former Seattle City Councilmember Peter Steinbrueck says that the Council should avoid "'feel good' legislation that raises false hope for economic revitalization through densification." He argues that changes in the Square need to be properly scaled and done sensitively.
Steinbrueck's father, architect Victor Steinbrueck, famous for activism that saved the Pike Place Market, did the earliest city survey of the future historic district in the 1950s and later said that the successful battle to save the Square was essential to later being able to keep the bulldozers away from the Market. At a presentation on the history of Seattle's architecture at the Seattle Public Library recently, University of Washington professor Jeffrey Karl Ochsner said that the Square was preserved in part due to the fact that Seattle's downtown moved north instead of redeveloping on top of the Square at the south end. That left a very rare intact 19th-century district that was later protected. Peter Steinbrueck points out that its scale is inherently a part of what makes it worth saving, and high-rising it with buildings two or three times historic heights would be "ruinous."
He's not the only one who is concerned. On April 5, Allyson Brooks, the head of the State Department of Archaeology and Historic Preservation, sent a letter to Councilwoman Sally Clark expressing concern about some of the proposed zoning and development standards for South Downtown, specifically Pioneer Square and Chinatown, both of which are on the National Register of Historic Places. While the state doesn't regulate the historic districts, it does review whether they continue to qualify for listing on the National Register. That status allows property owners to qualify for federal tax credits and other benefits that aid in preservation and economic development. If the state believes the integrity of the district has been compromised, National Register status can be revoked.
Brooks wrote Clark that "we are concerned about the affect of significantly increased height limits on Pioneer Square's historic character and the long-term viability of the neighborhood as a National Register District." She went on:
To be clear, our agency absolutely supports efforts by the City and all interested parties to sustain and strengthen the district. We also appreciate and strongly support the City's vision of South Downtown as a vibrant, 24-hour community. Overall, our perspective on the most recent proposal is based on our concern that in working to revitalize the neighborhood, the long-term and cumulative impacts may serve to dilute the historic qualities and integrity of Pioneer Square. This will weaken the ability of private investment to rehabilitate buildings as there would no longer be access to federal or state tax incentive programs.
Specific concerns included allowing rooftop additions, changes that would give owners of older buildings incentives to tear them down instead of rehabilitate them, and new 130-foot heights that "will bring about a definite change in the scale and feeling of the streetscapes and spaces...," all of which could endanger the district's historic status. Neighborhood look and feel are very important. Brooks says that she has since had a good meeting with Clark and Councilman Tim Burgess on the subject. The next meeting of the Built Environment Committee is today (Apr. 13) at 9:30 am.
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Comments:
Posted Wed, Apr 13, 2:52 a.m. Inappropriate
Brooks wrote Clark that "we are concerned about the affect of significantly increased height limits on Pioneer Square's historic character and the long-term viability of the neighborhood as a National Register District."
Ouch. Did she really say "affect"?
Posted Wed, Apr 13, 7:38 a.m. Inappropriate
So change the "rules". Many of them have been snuck into place by extremists.
Posted Wed, Apr 13, 7:48 a.m. Inappropriate
One way the City Council might be able to skate around the SEPA rules is to claim that the Council had made the "policy decision" but had also delegated responsibility to SDOT for SEPA compliance.
The only problem with that approach is that the Mayor's appointee (Peter Hahn) would be the responsible SEPA official and would have to pass on the adequacy of the EIS and its impacts. That's probably not an argument the Council would want to make.
It will be interesting to see how Mr. Holmes gets out of this one.
Posted Wed, Apr 13, 7:57 a.m. Inappropriate
Oh, yeah! Mr. Holmes! The perfect person for changing - or finding ways around - rules and laws. If he can tweak standard sentencing guidelines to help convicted illegal immigrants avoid the attention of immigration officials, he - surely - can help Party-blessed projects avoid SEPA, et al.
Posted Wed, Apr 13, 11:56 a.m. Inappropriate
I write to speak to suppporting increased height in Pioneer Square - I live and work in the district - and chose to do so because I am passionate about historic character. I respect Dr. Brooks and the WA Trust for Historic Preservation that having incentives for historic preservation is critical-and the proposed DPD plan has that.
I arrives at a different conclusion than either Dr. Brooks or the WA Trust - and as someone who as honored to serve on the City of Seattle's Landmarks board and the as a trustee of the WA Trust - I believe that not increasing heights will mean there will less reason for property owners to invest in their buildings. Increased heights in empty blocks will allow for economic return - and the stair stepping nature of the heights still protects the square and the smaller buldings in the square.
There are bad property owners now who are not investing in their buildings - and these buildings are deteriorating, we know that without an economic incentive they will continue to do so.
We also have difficulty building in the Square becuase of the water table and the soils - so it is hard to have private developers chose to infill in Pioneer Square.
I support the presrvation rules that existing and new buildings have to meet to protect the district.
I unfortunately believe that many in Seattle say they care about Pioneer Square but they don't choose to shop, work, or live here. They want it protected but don't want to come here. I am sad that those of us who do live and work here are limited in our ability to help shape our neighborhood.
Posted Wed, Apr 13, 12:51 p.m. Inappropriate
@fen I don't think the issue is being against any height increases, the question is how high can buildings go relative to existing historic buildings before the historic integrity of the district is affected? Once the district loses its integrity of setting, feeling and association there is the real risk of losing listing on the National Register of Historic Places. Height increases relative to the adjacent buildings meet the Secretary of Interior's Standards for the Treatment of Historic Properties, but heights that dwarf the historic buildings impact the character and setting of the district. We recognize the decision is ultimately the Council's. I think Berger's description of our letter being a warning letter is a bit extreme. It was meant to be reminder to the Council that being on the National Register, and staying on the Register, requires maintenance of historic character. But ultimately we recognize that the determination of economics versus maintaining National Register listing is ultimately Seattle's choice.
Posted Wed, Apr 13, 2:47 p.m. Inappropriate
To clarify, the Washington Trust for Historic Preservation supports increasing building heights in Pioneer Square. The question at hand is how high should the increases go? Last year DPD proposed increasing base heights in Pioneer Square to 100', with additional height (as high as 150' in one area of the historic district) available through incentive zoning. DPD's proposed heights constitute a height increase throughout Pioneer Square, in some areas nearly doubling the heights presently allowed.
Increased heights serve as a tool to encourage density. Recognizing this, the Washington Trust supports DPD's proposal. Currently, however, the council is considering height increases that go above and beyond DPD's proposal. It is the additional height we are concerned with. Many of the buildings in Pioneer Square are three, four and five story buildings. How will the introduction of newly constructed 140' buildings next to existing 40' historic structures impact the character of Pioneer Square?
When the city council began to analyze potential changes to South Downtown, one of the guiding principles was the retention and preservation of historic character. If building heights in Pioneer Square increase above those included in DPD's proposal, we run the risk of losing historic status for the Square along with incentive programs to rehabilitate buildings that accompany designation as a historic district - an unintended outcome no one wants.
The balancing act is trying to identify a reasonable increase to building heights that will encourage the development of workforce and market rate housing without jeopardizing the status of Pioneer Square as a nationally acclaimed historic district. The Washington Trust believes the height increases provided in DPD's proposal will achieve this goal.
Posted Wed, Apr 13, 4:40 p.m. Inappropriate
After the bored tunnel is built, every historic building located above and nearby will deteriorate beyond repair. Like old streetcar rails will solidly work their way to the surface, the bored tunnel will shift soils above it and below old and new building foundations until they collapse. Seattle's developers expect this to happen. They care more about new development profits than historic structures. In their minds, it's somehow suggested in the US Constitution that only "property owners" have rights.
Posted Wed, Apr 13, 5:19 p.m. Inappropriate
It sounds like what the Council could do is to request DPD, the neighborhood businesses and residents, the WA Trust and the WA Dept of Archaeology and Historic Preservation to work with one another to find a better solution. I am very sorry that the debate has turned into preservation vs development - that means everyone looses - the Square, the City, historic preservation. It should be preservation, revitalization and development instead.
Posted Wed, Apr 13, 6:04 p.m. Inappropriate
It puzzles me that knowledgeable observers think raising height limits will help "revitalize" Pioneer Square. Let's say it happens, your property that was zoned for a five story building is now zoned for a ten story building. That's great, you can sell the property for considerably more money or develop it yourself into a larger building that produces more income. I would assume that would apply whether your property has a building on it or not. But it increases the temptation to let your (old, obsolete) building deteriorate, so that you can demolish it and build something new. Note that the windfall of added value occurs only once, mainly to present owners of property in PS. After the height limit is raised everyone pays the new, higher price.
There are areas in Seattle where lower (4-5 story) commercial buildings seem to pencil out, for example, on Roosevelt Way from 40th St to about 50th. Why do they work economically? probably because the land price is based on the lower height limit and is proportionately low. If the height limit were increased the price of the land would go up. So if this a reasonable comparison (I am no expert) raising height limits in PS will do little good for the area, just reward present day owners (they may deserve rewards) but maybe also put a nearer sunset date on Pioneer Square as an artifact.
Posted Wed, Apr 13, 7:54 p.m. Inappropriate
In the last fifteen years the Pioneer Square District has seen considerable new investment. Buildings that ten to fifteen years ago were in deteriorating condition have been restored on the exteriors and rehabilitated on the interiors; examples include the Terry-Denny Building, the Oriental Building/Corona Hotel, the Washington Shoe Building, and the Collins Building. The Tashiro-Kaplan Building was renovated and expanded upward. The Cadillac Hotel is now the site of the Seattle unit of the Klondike Gold Rush National Historic Park. There is a new County office building on Jackson. Other proposed or anticipated changes--development of the North Lot with housing and removal of the Viaduct--will likely serve as catalysts for more investment.
As I understand the sequence of events, Seattle's Department of Planning and Development developed a proposal for increased heights in the south downtown area, including Pioneer Square. Late in the process some developers asked for considerably more height. I believe the questions Allyson Brooks is raising have to do primarily with the excessive height requested by developers, not the more limited height increases in the initial DPD analysis and proposal.
The Pioneer Square District represents the shared heritage of all citizens of Seattle. It is one of the best preserved collections of 19th century commercial buildings in the United States. Once lost to development, it would be gone forever.
Posted Thu, Apr 14, 9:06 a.m. Inappropriate
Wilbur, of course the two areas are not analogous, that wasn't my point. By the way I hope you are not saying that people NOT arriving by car requires taller buildings. The specifics of the PS district certainly demand careful investment and design but I do not see how taller buildings help in meeting that challenge. Other than, of course, that the taller buildings make redevelopment more appealing as an investment and I do not see that as a benefit to the historic district. In fact, the opposite.
Posted Thu, Apr 14, 11:40 a.m. Inappropriate
Awhile back, the P-I posted their collection of historic Alaskan Way photos. Before and After the seawall, there were many rail lines in various arrangements and more than one roadway. These photos should be studied for historical narrative.
After the seawall, Alaskan Way's basic arrangement (from west to east) was 4-lanes separated by a median of 2 rail lines, then a row of tight perpendicular parking, then a 2-lane frontage road embedded with 1 or 2 rail lines.
I bring this up because IMO the current design for the new Alaskan Way boulevard is wholly inadequate for managing traffic and not even close to historic. The 2-lane frontage road (Railroad Way) is necessary to separate thru-traffic from motorists trying to park. This concern applies to all AWV replacement options including the DBT and the surface boulevard options. SDOT is not doing its job.
Pioneer District's main problems are its mismanaged traffic, its lack of convenient transit service, and its delapidated and inadequate pedestrian infrastructure. Any proposed development must first address these concerns followed with modest infill. High density development will worsen traffic.
Posted Sat, Apr 16, 7:35 a.m. Inappropriate
These questions remain: What is the threshold that compromises historic integrity? Who decides that the tax credits are not longer available?
Pioneer Square already has endured many modern intrusions and lost original characteristics, yet the tax incentives remain. My perception is that there is no absolute and clear line to cross, which is reinforced by the above opinions that the integrity of setting, feeling and so on "may" be compromised. Like most historic preservation issues, political will may be the determining factor.
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