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006-08 - Ordinance - Correcting Scrivener's Error RE Design Review BoardAN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NO. 035-07 REGARDING THE ESTABLISHMENT OF A DESIGN REVIEW BOARD WHEREAS, on October 8, 2007 the city Council passed Ordinance No. 035-07 for the purpose of establishing a Design Review Board and creating a new chapter 2.76 in the Port Orchard Municipal Code; and WHEREAS, Section I of Ordinance No. 035-07 contains scrivener's errors because it should have referenced the creation of a new Port Orchard Municipal Code Chapter 2.78; and WHEREAS, the purpose of this Ordinance is solely to correct the scrivener's errors and not change the substance of the provisions and thus prior review by the Washington State Department of Community Trade and Economic Development is not necessary; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section I of Ordinance No. 035-07 is hereby amended to read as follows: Chapter 2.78 Design Review Board Sections: 2.78.010 Purpose of board. 2.78.020 Definitions. 2.78.030 Board Established — Membership. 2.78.040 Terms of membership. 2.78.050 Meetings. 2,78.060 Powers and duties. 2.78.070 Conflict of interest. 2.78.080 Administrative support. 2.78.010 Purpose of board. The purpose of the Design Review Board (DRB) is to review development applications associated with development in the downtown overlay district area. The DRB will review applications and make recommendations to the Director of Planning regarding the applications' consistency with adopted design guidelines. 2.78.020 Definitions. (1) "Board" or "DRB" means the Design Review Board. (2) "Director" means the Director of Planning or designee. Ordinance No. 006-08 Page 2 of 4 (3) "Design guidelines" means the design and building standards for the downtown overlay district as now or hereafter adopted by City Council resolution or ordinance. 2.78.030 Board Established — Membership. (1) Appointment. There is created a Design Review Board consisting of seven members who shall be appointed by the Mayor subject to confirmation by the City Council. Vacancies occurring otherwise than upon the expiration of terms may be filled for the unexpired terms by the Mayor subject to confirmation by the City Council. (2) Membership. The membership of said Board shall consist of two lay members who are residents of the City and have an interest in architecture, building, or design and three professional members who reside within City or the Port Orchard Urban Growth Area and who are desired to have expertise in any one of the following fields: architecture, landscape architecture, urban design/planning, structural engineering, graphic, industrial, and interior design, builder or carpenter, or similar disciplines. (3) Compensation. Board members shall serve without compensation. 2.78.040 Terms of membership. (1) Terms. The initial terms of the appointed positions by position number shall expire on December 31't of the year set opposite said position number as follows. Lay Position No. 1 — 2009 Lay Position No. 2 — 2010 Lay Position No. 3 — 2011 Lay Position No. 4 — 2011 Professional Position No. 5 — 2009 Professional Position No. 6 — 2010 Professional Position No. 7 — 2011 Thereafter the terms of membership for members shall be three years. No person shall serve more than two full consecutive terms. An appointment to fill a portion of an unexpired term less than one year in length shall not be considered a full term. (2) Removal. When a member misses three consecutive meetings without excuse by the Board, the position may be declared vacant by a majority vote of the other members of the Board. 2.78.050 Meetings. (1) Meetings. The Board shall meet at such times deemed necessary for conducting business. (2) Quorum. No business shall be conducted without a quorum at the meeting. A quorum shall exist when the meeting is attended by a majority of the members of the Board, which may include the chairperson. Ordinance No. 006-08 Page 3 of 4 (3) Chairperson. The Board shall elect one of its members to serve as chairperson for a term of one year. The chairperson may be elected to serve one consecutive additional term, but not for more than two successive terms. (4) Voting. All actions of the Board shall be represented by a vote of the membership. Unless otherwise provided in POMC Chapters 2.78 or 18.94, a simple majority of the members present at the meeting in which action is taken shall approve any action taken. The chairperson may vote at the meetings. (5) Rules and procedures. The Board may adopt rules and procedures it deems necessary for the conducting of business. 2.78.060 Powers and duties. The Board is not delegated any executive or legislative power, authority or responsibility and is not acting on behalf of the City Council or the Mayor but rather serves in an advisory capacity and makes recommendations to the Director. The powers and duties of the Board shall consist of the following: (1) Pre -application meeting. One member of the Board shall, whenever possible, attend the pre -application meeting with staff and the proponent of a project that is subject to design guidelines. The chairperson shall be responsible for ensuring that this duty is rotated among the Board's members. (2) Application Review. Review all applications for building permits in areas having adopted design guidelines. The Board shall review the application for consistency with the applicable design guidelines and make a recommendation to the Director. (3) Bi-annual review. Not later than September 30, 2009, and every two years thereafter, provide the Mayor and City Council with a written report setting forth the Board's assessment of the design guidelines, in light of the applications reviewed in the prior two years, and recommending changes to the design guidelines that are intended to reinforce the purpose of the design guidelines and to provide greater clarity to applicants. (4) Such other design -related matters as shall be referred to the Board for review and recommendation by the Mayor or City Council. 2.78.070 Conflict of interest. A member of the Board shall not participate in review of a project for which the member has a conflict of interest. 2.78.080 Administrative support. The Planning Department shall provide administrative support for the Board. SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in iieu of the entire ordinance, as authorized by State Law. Ordinance No. 006-08 Page 4 of 4 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 28th day,o - anum 2008..' r -' --/' z ATTEST: 1- -c �—ouukl Michelle Merlino, City Clerk APPROVED AS TO FORM: Af -Zvjm'd� City Attor4e� 0 Lary Coppola Sponsored by: 1V ;On Clauson, Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held January 28, 2008. ORDINANCE NO. 006-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NO. 035-07 REGARDING THE ESTABLISHMENT OF A DESIGN REVIEW BOARD Copies of Ordinance No. 006-08 is available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 006-08 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick Deputy City Clerk Publish: Port Orchard Independent February 2, 2008