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. 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:
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. i 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
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
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 board. The Department of Community Development shall provide administrative support for 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
Page 5 of 5 ATTEST: SPONSOR: n s' A Brandy Rinearson, MlVlO, City Clerk Bek Ashby, Councilmembe APPROVED AS TO FORM: la. on Cates, City Attorney PUBLISHED: March 9, 2018 EFFECTIVE DATE: April 1, 2018 i-m 'opofi'.0*^ I SEAL I! r: 0) #.*V/