035-07 - Ordinance - New Chapters 2.76 Design Review Board and 18.94 Design Review ProcessORDINANCE NO.035-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ADDING A NEW CHAPTER 2.76 ENTITLED "DESIGN REVIEW BOARD"
AND A NEW CHAPTER 18,94 ENTITLED"DESIGN REVIEW PROCESS"
WHEREAS, the City of Port Orchard has for many years regulated certain aspects of
architectural design through a review process conducted by the city engineer; and
WHEREAS, with the input and recommendations of the Planning Commission and after
several public hearings, the City Council has adopted new design and building requirements for the
central downtown overlay district and anticipates adopting additional design and building
requirements specific to other sub areas within the downtown overlay district and
WHEREAS, the City Council intends that, except as otherwise exempted in this ordinance,
the design review process set forth in this ordinance shall apply to all developmentthat is otherwise
subject to the downtown overlay district design and building standards but that in the future the
Council may consider modifying the design review process to incorporate an administrative review
component to facilitate the review of smaller projects; and
WHEREAS, the City Council intends that the adoption of this ordinance shall trigger the
effectiveness of the central downtown overlay district regulations, as provided in Ordinance No. 025-
07; and
WHEREAS, the City Council deems it to be in the public interest to establish a new process
for design review and a new Board of citizens and professionals with an interest or expertise in
architecture, building, or design -related matters; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The Port Orchard Municipal Code is amended by adding a new Chapter 2.76
"Design Review Board" to read as follows:
Chapter 2.76
Design Review Board
Sections:
2.76.010
Purpose of board.
2.76,020
Definitions.
2.76.030
Board Established — Membership.
2.76.040
Terms of membership.
2.76.050
Meetings.
2.76.060
Powers and duties.
Ordinance No, 035-07
Page 2 of 8
2.76.070 Conflict of interest.
2.76.080 Administrative support.
2.76.010 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.
2.76.020
Definitions.
(1)
"Board" or "DRB" means the Design Review Board.
(2)
"Director" means the Director of Planning or designee.
(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.
2.76.030 Board Established— Membership.
(1) Appointment. There is created a Design Review Board consistingof
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.
2.76.040 Terms of membership.
(1) Terms. The initial terms of the appointed positions by position number
shall expire on December 315t 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.
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(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.
2.76.50 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,
(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 2.76 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.
2.76.060 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.
2.76.070 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.
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2.76.080 Administrative support.
The Planning Department shall provide ad-ninistrative support for the Board.
SECTION 2. The Port Orchard Municipal Code is amended by adding a new chapter
18.94 "Design Review Process" to read as follows:
Chapter 18.94
Design Review Process
Sections:
18.94.010
Purposes,
18.94.020
Definitions.
18.94.030
Applicability and exemptions.
18.94.040
Approval required.
18.94.050
Pre -application meeting.
18.94.060
Design review application requirements.
18.94.070
Design review procedure and appeals.
18.94.080
Fees.
18.94,090
Duration of approval.
18.94.100
Approval runs with the land.
18.94.110
Enforcement.
18.94.010 Purposes.
In addition to the general purposes of the comprehensive plan and the zoning
ordinance, this chapter has the following purposes:
(1) To encourage the realization of a desirable and aesthetic environment
in the City of Port Orchard.
(2) To encourage and promote development which features amenities
and excellence in the form of design and types of structures.
(3) To permit public and Design Review Board (DRB) input at an early
point in the development process while providing developers with a clear process
and review standards for complying with the City's design and building standards
18.94.020 Definitions.
(1) "Board" or "DRB" means the Design Review Board.
(2) "Director" means the Director of Planning or designee.
(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.
18.94.030 Applicability and exemptions
(1) The design review process described in this chapter shall apply to all
development that is subject to the design and building standards for the downtown
overlay district as currently set forth in POMC 18.96.130, and such other design
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guidelines as the City Council may adopt in the future for the downtown overlay
district, except for those developments that are specifically exempted in POMC
18.94.020(2) below.
(2) Exempt development. As provided in POMC 18.96.120(2), the
following types of development shall be exempt from the design review process set
forth in this chapter:
(a) Any activity that does not require a building permit(b) Any
activity on the exterior of a building for which the total cost or fair market value,
whichever is higher, does not exceed $5,000;
(c) Interior work which does not alter the exterior of the structure; or
(d) Normal building maintenance including the repair or maintenance of
structural members.
18.94.040 Approval required.
Unless exempted in POMC 18.94.020(2), no city permit or approval shall be issued
for, and no person shall start, any development that is subject to the design review
process set forth in this chapter until the development has received design review
approval.
18.94.050 Pre -application meeting.
The proponent of a development project subject to design review shall meet with
staff and one member of the DRB at a pre -application meeting to identify and review
applicable design guidelines. Staff shall identify the appropriate permit process,
provide a list of application materials, and provide design recommendations based
upon applicable standards. This pre -application meeting shall be part of the overall
land use or building pre -application meeting covering other project related issues.
18.94.060 Design review application requirements.
Applications for design review shall be submitted to the Planning Department and
shall consist of a completed application on a form prescribed by the Planning
Department, the appropriate fee, if any, and the following materials:
(1) Preliminary architectural renderings with elevations and details of
architectural features, but not construction ready documents.
(2) The type and finished color of exterior siding, windows and roofing to
be used, signs and trim to the extent known. The applicant is encouraged but not
required to provide sample colors of allfactory-finished materials.
(3) Site plan (including landscaping details if required) drawn to scale no
smaller than 1 inch equals 30 feet showing location and size of all structures, buffer
areas, yards, open spaces, common areas or plazas, walkways, and parking areas
sufficiently complete to show comprehensive project design.
(4) Details on how mechanical and utility equipment will be screened.
(5) Color, type, and specification of all fencing materials.
(6) The type, model, color, location, height, wattage, and area of
illumination for all outdoor light fixtures.
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(7) The type, model, location, and color of all outdoor furniture, trash
receptacles, accessories, and such other items as the Director of Planning deems
necessary for effective review.
18.94070 Design review procedureand appeals.
After the applicant has attended a pre -application meeting pursuant to POW
18.94.040 and submitted a complete design review application pursuant to POMC
18.94.050, then the development project shall be considered in the following
manner:
(1) The Planning Director shall schedule a meeting with the applicant and
the DRB. The Planning Department shall send notice of the meeting to property
owners within 300 feet of the subject property. The meeting shall be open to the
public and shall consist of a presentation by the applicant, or his representative, that
focuses on how the proposed design meets the criteria of the applicable design and
building standards. The DRB will ask clarifying questions and take public comment.
(2) The DRB shall review the application materials to determine whether
the proposed development meets the identified standards. The DRB shall provide a
written recommendation to the Director for approval, approval with conditions, or
denial.
(3) It is possible that an alternative design or departure from the design
standards may fulfill the intent and objectives of the applicable design standards and
this chapter, while not complying with the requirements of those standards, The DRB
may recommend approval or approval with conditions for an application that
proposes an alternative design or departure from the design standards provided:
(a) The recommendation is approved by three quarters or more of
the appointed members of the DRB;
(b) The alternative design or design departure is consistent with
the purposes, intent, and objectives of the applicabledesign standards;
(c) Approval will not constitute a grant of special privilege
inconsistent with the limitation upon uses of properties in the vicinity of the subject
property; and
(d) Due to the physical characteristics and/or existing buildings on
the site or on abutting properties, or due to unique characteristics of the site, strict
adherence to the applicable design standards would create an unreasonable
hardship for the applicant or would be unsafe.
(4) The applicant may request additional meetings with Planning staff or
the DRB, for instance, in circumstances where the applicant has subsequently made
extensive revision and desires reconsideration of his request. Should the proposed
development be found to have one or more standards that have not been
successfully addressed, the DRB or staff will work with the applicant to remedy, if
possible, the identified circumstances. If it is not possible to come to a workable
solution, the DRB may recommend denial of the proposal.
(5) Once the Planning Director has received the DRB's recommendation,
an open public hearing before the City Council shall be scheduled for the application
or both the application and the underlying permit application,
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(6) The DRB's recommendation shall hold substantial weight. Fallowing
the public hearing and consideration of the DRB's recommendation, the City Council
shall grant, deny, or conditionally approve the design features of the proposed
development. Any deviation from the DRB's recommendation shall be documented in
the City Council's findings and conclusions.
(7) The City Council's decision shall be a final decision and is appealable
to Kitsap Superior Court.
18.94.080 Fees.
(1) A design review application shall not be complete until all application
fees have been paid.
(2) In order to encourage development within the downtown overlay
district, for those development projects that submit a complete design review
application within 12 months from the effective date of this ordinance, the design
review application fees shall be returned to the applicant at such time as the
applicant receives final inspection approval or a certificate of occupancy from the
City.
18.94.090 Duration of approval.
(1) Time limit. Construction on development projects that receive design
approval shall commence within 12 months from the date of design approval, or the
City Council's approval shall be null and void unless the applicant submits a fully
completed application for an extension oftime prior to the expiration date. For the
purposes of this section the date of approval shall be the date on which the City
Council's minutes, or other method of conveying the final written decision, are
mailed to the applicant. In the event of an appeal, the date of approval shall be the
date on which a court of competent jurisdiction enters a final decision
(2) Time extension. The applicant may apply for a one time extension of
up to one year by submitting a letter, prior to the date that approval lapses, to the
Planning Director along with any other supplemental documentation which the
Director may require, which demonstrates that circumstances beyond the applicant's
control are preventing timely compliance. In the event of an appeal, the one-year
extension shall commence from the date a final decision is entered in favor of such
extension. The applicant shall include with the letter of request such fee as the City
may require, if any.
(3) Review of request for extension. The review of a request for an
extension shall be reviewed by the Planning Director as a staff determination.
18.94.100 Approval runs with the land.
Subject to the time limits set forth in POMC 18.94.080, the design approval for a
project shall remain in force upon a change of ownership of the site, business, or use
that was the subject of the permit application. In the event the new owner desires to
change existing design aspects that are otherwise regulated by applicable design and
building standards, then the new owner must submit a new application for design
review and comply with the provisions of this chapter.
Ordinance No. 035-07
Page 8of8
18.94.110 Enforcement
This chapter is adopted in furtherance of the City Council's authority and
responsibility to regulate land uses within the City and to advance and protect the
public health, safe, and welfare of Port Orchard's citizens and visitors. The Planning
Director shall enforce this chapter.
SECTION 3., 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 lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passagethis 8th day of October 2007.
ATTEST;
Michelle Merlino, City Clerk
APPROVED AS TO FORM;
5 City Attorne U U
KIM E. ABEL, MAYOR
Sponsored by:
Rita Dilenno, Councilman
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of Ordinances approved by the Port Orchard City Council at their regular
Council meeting held October 8, 2007.
ORDINANCE NO. 035-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ADDING A NEW CHAPTER 2.76 ENTITLED "DESIGN REVIEW
BOARD" AND A NEW CHAPTER 18.94 ENTITLED "DESIGN
REVIEW PROCESS"
Copies of Ordinance No. 035-07 are 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. 035-07 will be
provided at a nominal charge.
Ci f Port chard
Patti K atric
Deputy City Clerk
Publish: Port Orchard Independent
October 13, 2007