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HomeMy WebLinkAbout4981 ORDINANCE NO. 1-1 g ( AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 2.36 of the Bremerton Municipal Code establishing a Design Review Board for the purpose of reviewing applications for building permits in areas having adopted design guidelines, adding a new section to Chapter 20.02 relating to permit applications requiring design review and further amending Table 040 of Chapter 20.02 of the Bremerton Municipal Code to add reference to design review. WHEREAS, the City Council adopted a new Comprehensive Plan on December 1,2004; and WHEREAS, the Comprehensive Plan encourages the physical development of the city and embraces a design review process to advance quality urban development in the city; and WHEREAS, the City has adopted Design Guidelines for the Highland Avenue! Pleasant A venue area and expects to undertake sub area planning for other areas of the city and will adopt design guidelines for these neighborhoods as well; and WHEREAS, the City Council desires to create a new chapter of the Bremerton Municipal Code, Chapter 2.36 entitled "Design Review Board" to help facilitate the review of building permits that are subject to adopted design guidelines; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 2.36, of the Bremerton Municipal Code entitled "Design Review Board" is hereby created to read as follows: Chapter 2.36 DESIGN REVIEW BOARD 2.36.010 PURPOSE OF BOARD. The purpose of the design review board is to review development applications in areas having adopted design guidelines. The design review board will review applications and make recommendations to the Director of Community Development regarding design criteria for incorporation into the development consistent with the adopted design guidelines. 2.36.020 DEFINITIONS. (a) Board means the design review board. (b) Director means the Director of Community Development, or designee. 1 Design Review Board (c) Design guidelines mean the document entitled "Highland Avenue / Pleasant Avenue Design Guidelines" dated June 7,2006, adopted by Resolution 2994, and other similar design guidelines adopted by city council resolution or ordinance. 2.36.030 BOARD ESTABLISHED. (a) Membership. The Board shall consist of five (5) appointed members. In addition, the Director shall sit on the Board as a nonvoting member for purposes of advising the Board on regulatory and urban design issues. It is preferred that members of the Board be knowledgable in matters of design and aesthetic judgement by virtue of training, education, and/or experience. They shall possess qualities of impartiality and broad judgement, and an ability to review two- dimensional plans. Desired qualifications for Board members include an expertise in the fields of architecture, landscape architecture, urban design/planning, structural engineering, graphic, industrial and interior design, or similar disciplines. Appointees must be residents of the City for one (I) year prior to appointment. (b) Appointment. Appointment to the Board shall be made by the Mayor subject to confirmation by the City Council. Terms of office shall consist of four (4) year staggered terms with the initial terms consisting of two (2) members with two (2) year terms and three (3) members with four (4) year terms. (c) Compensation. Board members shall serve without compensation. (d) Removal. When a member misses three consecutive meetings not excused by the Board, the position may be declared vacant by a majority vote of the Board. (e) Chairperson. The Board shall, each year, shall elect its own chairperson and create and fill such other offices as it may determine it requires. 2.36.040 MEETINGS. The Board shall meet at such times deemed necessary for conducting business. A majority of the full membership shall constitute a quorum for conducting business. Any action to be taken by the Board shall require the concurrence of a simple majority of the members of the Board qualified to vote. Meetings ofthe Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. No special notice of the meetings need be given nor shall such meetings be public hearings although nothing shall prohibit the Board from soliciting explanations and additional input from citizens, the applicant or applicant's representatives and such other sources as the Board deems necessary to enable them to complete their review of the application. . 2.36.050 POWERS AND DUTIES. The design review Board shall review all applications for building permits in areas having adopted design guidelines. The Board will review the application and make a recommendation to the Director. The Board is not delegated any executive or legislative power, authority or responsibility and is not acting on behalf of the City Councilor the mayor but rather serves in an advisory capacity and makes recommendations to the Director. The Board and its members are to be free from undo influence by individual City Council members, Planning Commission members, City officials or other persons. 2 Design Review Board 2.36.060 DIRECTOR'S DECISION. The Board's recommendation shall hold substantial weight in the decision by the Director, however, the Director has the authority to accept, reject or modify the Board's recommendation or to request clarification by the Board of its recommenation. Any deviation from the recommendation shall be documented in the findings and conclusions. The Director's decision shall be incorporated into the decision on the permit application. 2.36.070 CONFLICT OF INTEREST. A member of the Board shall not participate in review of a project for which he or she has a conflict of interest in accordance with City Code. 2.36.080 ADMINISTRA TIVE SUPPORT. The Department of Community Development shall provide administrative support for the Board. 2.36.090 RULES AND PROCEDURES. The Board may adopt rules and procedures it deems necessary for the conducting business. Provision shall be made for a record of proceedings (minutes), reports, studies, findings, conclusions and recommendations. SECTION 2. Chaoter 20.02 BMC amended. Chapter 20.02 of the Bremerton Municipal Code is hereby amended to add a new section relating to permit applications requiring design review to read as follows: 20.02.085 DESIGN REVIEW Buildings that are proposed for construction in areas having adopted design guidelines are subject to review and recommendation by the Design Review Board (Board). For any development activity that requires Board review, the applicant must comply with the provisions of this section before a building permit can be approved as follows: (a) Public Meetings. All meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW.. (b) Conceptual Design Conference. Before submitting a building permit application, the applicant shall attend a conceptual design conference with the Board. The conference will be scheduled by the Director to occur within 30 days of written request by the applicant. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the Board in the early stages of the project development and: (1) To review preliminary sketches of the design proposal presented by the applicant; (2) To discuss how the design guidelines pertain to the proposed development; (3) For the Design Review Board to designate which design guidelines apply to the proposed development based primarily on the location and nature of the proposed development; and (4) Other application materials the applicant will need to submit with the design review application. 3 Design Review Board (c) Application. Following the conceptual design conference, the applicant may then submit a building permit application to the Department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the conceptual design conference. (d) Public Notice. On determination of a complete application for a building permit requiring design review, the Director shall schedule a design response conference with the Board to occur within 60 calendar days. The Director shall provide public notice of the design response conference per the requirements ofBMC 20.02.100. (e) Design Response Conference. The design response stage allows the Board to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present a the proposed project and demonstrate its consistency with the design guidelines as discussed in the conceptual design conference to the Board. The Board will consider the information presented and make a formal recommendation to the Director for project approval, approval with conditions, or denial. The Board may continue the conference if necessary to gather additional information necessary for its recommendation. If the conference is continued to a specific date, no futher public notice is required; otherwise notice of continuance shall be mailed to all parties participating in the design response conference. (f) Approval. Approval of a building permit that is subject to Board review is a Type II Director Decision, however the Board's recommendation shall hold substantial weight. After reviewing the Board recommendation, the Director may grant, deny or conditionally approve an application for the proposed development. Any deviation from the Board's recommendation shall be documented in the Director's findings and conclusions. The decision of the Director may be appealed per the provisions of BMC 20.02.140. SECTION 3. Table 040 of Chapter 20.02 BMC amended. Table 040, Type II Director Decisions of Chapter 20.02 of the Bremerton Municipal Code is hereby amended to add reference to design review as set forth in Exhibit A attached hereto and incorporated herein. SECTION 4. Implementation of Chapter 2.36 BMC Design Review Board. The provisions set forth in Chapter 2.36 BMC adopted herein shall be implemented upon the appointment and confirmation of a quorum of the Design Review Board. SECTION 5. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. '4 Design Review Board PASSED by the City Council the ~ day of C(~.AJ , 2006 ~~~ent Approved this ~ day of . $..tAI~..A ) ~2f7 CARY BOZEMAN, Mayor -::::> APPROVED AS TO FORM: RO~ 67~IC6:ty Attorney P PUBLISHEDthe I~ dayof ~ EFFECTIVE the dl..0::tIt..J day of ORDINANCE NO. 4'1 R / ,2006 ,2006 R:\Legal\LegaI\Ordinances\Community Development\Design Review Board.doc 5 Design Review Board Table 040 Project Permit Processing Procedures TYPE II DIRECTOR DECISIONS Applkatio;Typ;--------1 Determination of Il'Iotice ~r---~ l'Iotic~~---l Notic~ of -- I-- . '__f-Complct~ness ~PPIiCatiOn .. B.cari.!!K.__J?cci~~_ (I) Administrative Yes Yes No Yes Conditional Use Permit - (2) Binding Site Plan Yes Yes No Yes (3) Demolition Permit Yes Yes No Yes (requiring SEP A) (4) Fill and Grading Yes Yes No Yes Permit (requiring SEP A) (5) Nonconforming No Yes No Yes Administrati ve Continuance. (6) Type II Permit or No No No No Approval Revocation (7) Site Plan Review Yes Yes No Yes (requiring SEP A) (8) Shoreline Permit Yes Yes No Yes Revision (9) Shoreline Substantial Yes Yes No Yes Development Permit (0) Short Subdivision Yes Yes No Yes (11) Wetland or stream Yes Yes No Yes Assessment (12) Wetland or stream Yes Yes No Yes development permit (13) Building and other Yes Yes No Yes Construction Permits (requiring SEP A or Desilm Review) (14) Modification of Yes Yes No Yes critical area standards (requiring SEP A)"'''' (IS) Stand-alone No No No No nonproject SEP A "'Notice of Application shall be mailed to property owners within 300 feet of the subject property and the notice of decision shall be issued within 60 days. "'.Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMe. l{:' Leg~I\Lcga!\()njinanees'( '''ml1lunily Development ,DeSign Review l1o~rd hhihit Adoe EXHIBIT A ." AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 151618 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the.date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , October 10,2006 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $38.38 which amount has not been paid in full. ~.LL~_ (Signature of Principal Clerk) Subscribed and sworn to before me this day of October 24, 2006 Notary Public in and for the State of Washington, Kitsap County. Notarv Public State Of Washington DAWN BLATT Appo/ntmem Exptres,Ju/ 30,2010 ORDINANCE NO. 4981 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 2.36 of the Bremerton Municipal Code establishing a Design Review Board for the purpose of reviewing applications for building permits in areas having adopted design guidelines, adding a new section to Chapter 20.02 relating to permit applications requiring design review and further amending Table 040 of Chapter 20.02 of the Bremcrton Municipal Code to add reference to design review. PASSED by the City Council the 4th day of October, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. October 10, 2006.....AD #200200