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ORD 06-528ORDINANCE NO. y�o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S, PARKS, RECREATION, AND OPEN SPACE PLAN (AMENDING ORDINANCE NO'S. 90-43,91-114,95-247,95-248,96- 270, 98 -330, 00 -372, 01 -405, 03 -442, 04 460, 04 -461, 04 -462). WHEREAS, the Growth Management Act of 1990, as amended (Chapter 36.70A RCW or "GMA "), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s]); and WHEREAS, as authorized by Chapters 35A.63 and 36.70A RCW, the comprehensive plan may include an optional open space, park, and recreation element; and WHEREAS, the Federal Way City Council adopted a Parks, Recreation, and Open Space Plan on December 3, 1991, and subsequently amended this plan on November 21, 2005; and WHEREAS the Parks, Recreation, and Open Space Plan is adopted by reference into the comprehensive plan; and WHEREAS the Parks, Recreation, and Open Space Plan is consistent with the City of Federal Way's existing land use policies contained in the Federal Way Comprehensive Plan, the Federal Way City Code, and the Zoning Map; and WHEREAS the Parks, Recreation, and Open Space Plan is consistent with the GMA as it contains the following components: (a) an inventory showing the location and capacity of existing capital facilities; (b) a forecast of future needs per capital facility; (c) the location and capacity of proposed new or expanded capital facilities; and (d) a six year capital improvement plan identifying sources of public money to fund these improvements; and WHEREAS, on April 22, 2006, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2006 Parks, Recreation, and Open Space Plan; and Ord # 06 -528 , Page I WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. The City's Planning Commission held a public hearing on the proposed amendments to the Parks, Recreation, and Open Space Plan on May 3, 2006, after which it recommended approval of the proposed amendments; and 2. The City's Parks Commission considered the proposed amendments on May 4, 2006, after which it recommended approval of the proposed amendments; and 3. The Parks, Recreation, and Public Safety Committee of the Federal Way City Council considered the proposed amendments on May 8, 2006, following which it recommended approval to the full City Council; and 4. The full City Council considered the matter at its meetings on June 6, 2006, and June 20, 2006; and WHEREAS, the City Council desires to approve the proposed amendments to the Parks, Recreation, and Open Space Plan. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findinjzs. A. The proposed amendments to the Parks, Recreation, and Open Space Plan, asset forth in Exhibit A attached hereto, is the result of a planning process that has included an extensive assessment of the City's existing parks and open spaces, and its recreation programs. It has also included efforts to determine the needs and desires of the community using a series of different approaches. These have included public opinion surveys, open house meetings, meetings with a stakeholders group (made up of individuals representing organizations that have an interest in the future of the City's park system), and briefings and working sessions with the Parks and Recreation Commission and the Parks, Recreation, and Public Safety Committee of the City Council. The proposed amendment will, therefore, benefit the neighborhood, City, and region, and bears Ord # 06 -528 Page 2 a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of RCW 36.70A and the unamended portion of the Federal Way Comprehensive Plan. B. Parks and recreation facilities are essential to maintaining and enhancing quality of life in the City. The new and improved facilities recommended by the 2006 Parks, Recreation, and Open Space Plan provide a basic service for residents of the City and surrounding areas and should be treated as such by the City of Federal Way in its policy and resource commitments. C. Implementation of the "core values" of the 2006 Parks, Recreation, and Open Space Plan, such as retaining and improving existing open spaces and facilities; encouraging walking and biking through an integrated trail and sidewalk network; providing areas for friends and neighbors to gather, meet, and socialize; and providing a balance of services for a diverse population will benefit the neighborhood, City, and region. Section 2. Parks. Recreation and Open Space Plan Adoption. The Parks, Recreation, and Open Space Plan, as thereafter amended in1991 and 1995, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 3. Amendment Authori ty. The adoption of the Parks, Recreation, and Open Space Plan amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Federal Way City Code Section 22 -541. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. The City of Federal Way Parks, Recreation, and Open Space Plan, as thereafter amended in 1991 and 1995, shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Ord # 06 -528 , Page 3 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 0` day of� , 2006. ATTEST: -�awo"V4��- -' City Cl , Laura Hathaway, C APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: CITY OF FEDERAL WAY ayor, Mike Park I:\2006 PARKS PLAN UPDATMAdoption Ordinance.doc /5/30/2006 4:35 PM Ord # 06 -528 , Page 4