ORD 2003-52 DESIGN REVIEW BOARD REVIEW OF APPLICATIONS ORDINANCE NO. 2003- 52
AN ORDINANCE of the City of Bainbridge Island, Washington; establishing a
design review board to review commercial and mixed use land use applications;
amending Sections 2.16.095.E and 2.16.100F.2 and adding a new chapter 2.48 to the
Bainbridge Island Municipal Code.
WHEREAS, Comprehensive Plan policies W6.4 and NSC 1.9 direct the City to
establish a design review process; and
WHEREAS, the City has adopted design guidelines for many of its commercial
and mixed use zoning districts; and
WHEREAS, City staff and the Planning Commission would improve their review
of projects by having specific expertise in the application of the design guidelines to land
use applications; and
WHEREAS, a design review board consisting of members with expertise in the
design and construction of development projects would provide valuable ittl~ttt on the
compliance of a land use application with the design guidelines; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN as follows:
Section 1: A new chapter 2.48 is added to the Bainbridge Island Municipal Code
as follows:
Chapter 2.48
Design Review Board
2.48.010 Created- Membership, appointment, compensation and term.
A. There is created a design review board ( board ) for the city. The design review
board shall consist of 10 voting members who-shall be appointed by the mayor
and confirmed by the city council. Board memberShip shall include at least one
representative with expertise in each of the following disciplines and/or groups:
landscape architecture; urban design; city art commission; local artists;
developers; and at large community and at least two architects. The members of
the design review board shall not be officerS or employees of the city.
B. The members of the board shall serve without compensation. ~ members
shall be appointed for one year; three members shall be appointed for two years;
and four members shall be appointed for three years. The terms for all subsequent
annually ~pointed members shall be three years.
C. A member may be re-appointed and shall hold office until his or her successOr has
been appointed and qualified. Members may be removed by the mayor upon
consent of the city council.
2.48.020 Vacancies - Removal.
In the event of a vacancy, the mayor, subject to the confirmation of the city council,
shall make an appointment to fill the unexpired portion of the t~m of the vacated
position.
2.48.030 Organization.
A. The board shall armually select one member to serve as chair for a one-year term.
B. The board shall adopt such roles and regulations as are necessary to accomplish
its duties and responsibilities. These rules and regulations shall be placed on file
with the city clerk.
C. The city shall provide necessary supplies and support staff to the board,
consistent with available resources.
2.48.040 Powers and Duties.
The board shall have the following duties and responsibilities:
A. Serve in an advisory capacity to the planning commission and the department of
planning and community development on all commercial and mixed use land use
applications subject to design guidelines in this code includIng, but not limited to,
all commercial and miXed use projects requiring site plan and design review
approval or conditional use permit authorization under Chapters 18.105 and
18.108.
B. Review and make recommendations to the planning commission and the city
council on changes, amendments and/or additions to the design guidelines.
C. Such other powers and duties as may be provided by resolution or ordinance of
the city council.
2.48.050. Design Review Board review and recommendation process.
The design review board shall review and make recommendations on all
commercial and mixed use land use applications as set forth in this section.
A. In order to identify potential design is§ues, selected members of the board
shall attend the preapplication conference for any commercial or mixed use project that is
subject to design guidelines. The date and time of the preapplication conference shall be
established by the director ofplarming and community development after consulting with
the chair of the board.
B. Within 21 days of the date on which the application is determined to be
complete, the board shall meet with the staff and the applicant, at a date and time
established by the director after input fxom the chair of the board, to consider whether
the application c~6mplies with the guidelines..
C. At the preapplication conference and at the board meeting following the
submittal of a complete application, the board shall rotate meeting attendance among
board members, with at least three and not more than five members attending any
preapplication conference or meeting. The board members who attend the preapplication
conference shall also attend the meeting. At least one architect shall attend each meeting.
The board shall adopt rules regarding attendance at preapplication conferences and
meetings.
D. At the Board's meeting to review the complete application, the board in its
discretion may allow interested citizens to speak and submit documents.
E . Within 14 calendar days of the conclusion of the meeting to review the
complete application , the board shall submit to the director for inclusion in the staff
report for subsequent submission to the planning commission, a recommendation that
states compliance or noncompliance with applicable design guidelines and recommends
approval, approval with modifications or denial of the application based on design
guidelines The planning commission shall consider the board recommendation in making
any recommendation on the application.
F. A board recommendation is not a decision and there is no city appeal of the
recommendation.
G. A board recommendation shall be valid for the term of the underlying permit
or approval.
2.48.060 Design Review Process
DESIGN REVIEW PROCESS
, Public
~ Participation
' Meeting Highly
, Recommended
Pre-Applicaton Submit Meeting: CommissiOn
Conference Application Evaluation & Review &
Including Design Recommendation Director's
Review Board. Decision
2.48. 070 Public Records
All recommendations, reports and other official documents of the board shall be
signed by the chair. The board shall keep minutes of each meeting, and shall approve
them at the next board meeting. The minutes do not need to reflect the actual discussion
but only the formal actions taken by the board.
2.48.080 Conflict of Interest
If a design review board member is an applicant for a commercial or mixed use
land use application, has a financial interest in a project, or is a paid or unpaid advocate,
agent or representative for such applicant, the board member shall-not participate in
review of and recommendation on the application.
Section 2. Section 2.16.095. E. of the Bainbridge Island Municipal Code is amended
as follows:
The depa~hnent director may approve, approve with modifications or deny the
application based on the decision criteria, findings of fact, recommendations of the
planning commission and design review board as appropriate, and any necessary
documents and approvals.
Section 3. Section 2.16.100. F. 2 of the Bainbridge Island Municipal Code is amended
as follows:
In making a' decision, the heating examiner shall consider the applicable decisions
criteria of this code, all other applicable laws, recommendations of the planuing
commission and design review board, and any necessary documents and approvals.
Section 4. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law and following the appointment of
the Design Review Board.
PASSED by the City Council this 10 day of December ,2003
APPROVED by the Mayor this 12_g_ day of December ,200~
~)arlene Ko'doWery, Mayo~
/AUTHENTICATE:
per, City Clef
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: December 4, 2003
PASSED BY THE CITY COUNCIL: December 10, 2003
December 20, 2003
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER 2003-52