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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. Ordinance No. 035-07 Page 3 of 8 (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. Ordinance No. 035-07 Page 4 of 8 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 Ordinance No. 036-07 Page 5 of 8 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. Ordinance No, 035-07 Page 5 of 8 (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, Ordinance No. 035-07 Page 7 of 8 (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