009-18 - Ordinance - Amending Chapter 2.78 Design Review BoardORDINANCE NO. 009 -18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 2.78 (DESIGN REVIEW BOARD) OF THE PORT
ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted Ordinance
019-17 establishing a new unified development code (Title 20 POMC); and
WHEREAS, on June 27, 2017, the Port Orchard City Council adopted Ordinance
022-17 which created new Chapter 20.139 (Single-Family Residential, Duplex and
Residential Fence Design Standards); and
WHEREAS, the City Council wishes to establish additional design standard
requirements that will apply to commercial, multifamily residential and mixed-use
development; and
WHEREAS, City staff, in conjunction with consultants and a citizens design
standards committee, have developed design standards for commercial, multifamily
residential and mixed-use development, to be codified as Chapter 20.127 (Design
Standards); and
WHEREAS, an ordinance adopting a new chapter 20.127, repealing ordinance
1479, and amending chapters 20.12, 20.38, and 20.100 in being considered separately
from this ordinance to amend chapter 2.78; and
WHEREAS, the design review process for project applications proposed to be
established in Chapter 20.127 requires corresponding amendments to Chapter 2.78
(Design Review Board), to ensure consistency between these chapters regarding the role
of the City's Design Review Board; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. POMC Chapter 2.78 Revised. Chapter 2.78 of the Port Orchard Municipal
Code is hereby revised to read as follows:
Ordinance No. 009-18
Page 2 of 5
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.
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2.78.010 Purpose of board.
The purpose of the design review board (DRB) is:
(1) To provide recommendations regarding an applications' consistency with the City's
adopted design standards.
(2) To review completed projects and evaluate design outcomes for the purposes of
determining whether amendments to the design standards in POMC 20.127 should be
recommended, and to make recommendations to the Planning Commission and City Council for
amendments to the City's Design Standards as found in POMC 20.127.
2.78.020 Definitions.
(1) "Board" or "DRB" means the design review board.
(2) "Director" means the Department of Community Development Director or designee.
(3) "Design standards" means the design and building standards adopted in sections
20.127.
2.78.030 Board established - Membership.
(1) Appointment. There is created a design review board consisting of not less than five
and not more than 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. A five-member board shall consist of three lay members who reside
within city limits or reside within the Port Orchard urban growth area and have an interest in
architecture, building, or design, and two professional members who reside within city limits or
reside within the Port Orchard urban growth area or own a business within the city of Port
Orchard, 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, building or carpentry, or similar disciplines. A seven-member board shall consist
Ordinance No. 009-18
Page 3 of 5
of four lay members and three professional members who meet the qualifications set forth
above.
(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 31st 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.
(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.
(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 this chapter, 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
Ordinance No. 009-18
Page 4 of 5
capacity and makes recommendations. The powers and duties of the board shall consist of the
following:
(1) Application Review. Review applications for compliance with design standards as
prescribed elsewhere in this code and make recommendations regarding the consistency of
projects with adopted design standards.
(2) Annual Review and Recommendations. The Board shall meet at least once annually
to review completed projects and evaluate design outcomes for the purposes of determining
whether amendments to the design standards (POMC 20.127) are required. The design review
board shall make its recommendation, even if it recommends that no changes are required,
prior to December 31 every year.
(3) Such other design-related matters as shall be referred to the board for review and
recommendation by the mayor or city council.
2.78.080 Administrative support.
The Department of Community Development shall provide administrative support for
the board.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect on April 1, 2018. A summary of this ordinance in the
form of the ordinance title may be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 27th day of February 2018.
Robert Putaansuu, Mayor
Ordinance No. 009-18
Page 5 of 5
ATTEST:SPONSOR:
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Brandy Rinearson, MlVlO, City Clerk Bek Ashby, Councilmembe
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APPROVED AS TO FORM:
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on Cates, City Attorney
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March 9, 2018PUBLISHED:
EFFECTIVE DATE: April 1, 2018
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 February 27, 2018.
ORDINANCE NO. 009‐18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 2.78 (DESIGN REVIEW BOARD) OF THE PORT
ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 009‐18 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. 009‐18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, March 9, 2018