Ord 91-112
ORDINANCE NO.
91-112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL
WAY ZONING CODE, CHAPTER 160, PROCESS IV,
RELATING TO PROCESS FOR AMENDING THE ZONING
MAP, THE ZONING CODE, AND THE COMPREHENSIVE
PLAN, TO DELETE THE REQUIREMENT OF A CITY
COUNCIL THRESHOLD MERIT DECISION FOR SUCH
PROPOSED AMENDMENTS, AND ESTABLISHING CITY
COUNCIL PRIORITY RANKING OF PROPOSED
AMENDMENTS INITIATED BY THE PLANNING
COMMISSION. (AMENDING FEDERAL WAY ORDINANCE
90-43. )
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON
DO HEREBY ORDAIN AS FOLLOWS:
section 1.
Federal Way Zoning Code Chapter 160 is hereby
amended as follows:
160.05
User Guide
Various
place
in
this
Code
indicate
that
certain
proposals to amend the zoning Map, this code, and the
comprehensive Plan must be reviewed and decided upon
using Process IV.
160.10
Initiation of Proposals
1.
General - A proposal that will be reviewed using
this Chapter may be initiated by the City Council~
Council Committee. or Planning commission.
2.
PuBlic Rcauesta
Any pcraon may rcqucat that city
Council initiate a proposal to Be rc",¡im:ed undcr
thia Chaptcr.
a.
I1 Thia rcqB.eat to ataff ahould bc made in
\;rittcn ferm and contain \;hatc",¡cr diocucJGion
or infermation the requeating
ia relevant,
conaiatcnt '.,-ith
:::ë¡¡~L
160.15
160.20
thia Chapter, ts demonatrate that tho propooal
ohould be
conaidora
city.
formally
by
the
city
I'lal'll'linEj"
COUl'lcil
reE[ueat
tRat
mal
Department or other department of the City
provide any informatioR or material on the
propoaal, sonaiatent -,lith E:ection 45 of thia
Chapter.
city
council
decide
upon
cRall
public reE[ueato under tRio section uainEj" the
criteria sf Cection 28.2 of tRia Chapter.
Compliance with SEPA
SEPA applies to some of the decisions that will be made
using this chapter.
The planning Official shall evaluate
each proposal and, where applicable, comply with SEPA and
with state Regulations and city Ordinances issued under
authority of SEPA.
citv Council Review
1.
General - The City Council. at its sole option. may
determine the prioritv rankinq
conduet
a
ohall
threaRolel review of all amendments each propooùl
initiated by pursuant to this chapter.
The citv
council mav request that the Planning Department or
any
other
department
of
the
city
provide
any
information or material on the proposal, consistent
with section 45 of this chapter.
2.
Deciaion
FollO\:iRg i to reyiC\:, the city Co1iRcil
may deeiele that:
a.
'rhe propooal doDO Rot have merit,
in \TRich
- 2 -
160.25
160.30
*
*
*
*
*
*
caGe thc propocal shall not be qivcn further
concidcration, er
b.
'Phe prepocal has merit,
in ,¡!lich caGC thc
propoGal cRall be considered by the rlùnninq
CommiGcion at a public hcarinq.
Official File
e.
'Phe proposal choulà bc tabled.
Notice
1.
Contents - The Planning Official shall compile an
official
file
containing
information
and
all
materials
proposal
the
and
to
to
the
relevant
city's consideration of the proposal.
2.
Availabilitv
official
is
a
public
file
The
record.
It is available for inspection and copying
in the Planning Department during regular business
hours.
1.
Contents - The Planning Official shall prepare a
notice of each proposal, for which a public hearing
will be held, containing the following information:
a.
The citation,
if any, of the provision that
would be changed by the proposal, along with a
brief description of that provision.
- 3 -
~~t~f,~~~$~~~.~}~~!;~"«:, ,.'"~%~~~,,~tf~~~g,~~-'~~:; ..'.
'. b," A,. stat~ment of how the proposal would
change the affected provision.
c.
d.
e.
f.
A statement of ~hat areas, zones or loca-
tions ~ill be directly affected or
changed by the proposal.
The date,
hearing.
time and place of the public
A statement of the availability of the
official file.
A statement of the right of any person to
submit ~ritten comments to the Planning
Commission and to appear at the public
hearing of the planning Commission to
give comments orally.
Distribution The Planning Official shall
distribute this notice at least fourteen (14)
t calendar days before the public hearing as
" follows. '
2.
1.
2.
a.
A copy of the notice will be published in
the official newspaper of the city.
b.
A' copy of the notice will be posted on
each of the official notification boards
of the city.
staff Re"Dort
General - The planning Official shall prepare
a staff report containing -
a.
An analysis of the "Dro"Dosal and
reco~~endation on ~~e prõpošal; and
a
b.
AnV other inforwation the Planning
Official dete~ines is necessary for
consideration of the proposal, consistent
with section 45 of this Chapter.
Distribution The planning Official
distribute the staff report as follows:
shall
a.
A copy will be sent to each me~er of the
planning commission prior to the hearing.
b.
A copy will be sent
person requesting it.
promptly
to
any
160 - 3
-4-
160.40
160.45
160.50
160.55
Public Hearinq
1.
General - The Planning commission
public hearings on each proposal,
with section 20 of this Chapter.
Planning commission is appointed,
council shall hold the hearings.
shall hold
consistent
Until a
the city
2.
Hearinq Declared Open - The hearings of the
Planning Commission are open to the public.
3.
Effect The hearing of the Planning
commission is the hearing for City council.
city council need not hold another hearing on
the proposal.
Material to be considered
1.
General - Except as specified in paragraph 2
of this section, the Planning commission and
city council may' consider any pertinent
information or materials in reviewing and
deciding upon a proposal under this Chapter.
2.
Exclusion
a.
General Except as specified in
paragraph 2.b. of this section, the city
may not consider a specific site plan or
project in reviewing and deciding upon a
proposal under this process.
b.
Exception for Environment Information -
If a proposal that will be decided upon
using this Chapter is part of a specific
project, the city may consider all infor-
mation submitted under section 15 of this
chapter in deciding upon that proposal.
Electronic Sound Recordinqs
The planning commission shall make a complete
electronic sound recording of each public hearing.
Public Comment
Hearinq
and
Participation
at
the
Any interested person may participate in the public
hearing in either or both of the following ways:
1.
By submitting written comments to the planning
Commission either by delivering these comments
to the Planning Department prior to the
160 - 4
-5-
160.60
160.65
hearing or by giving them directly
Planning commission at the hearing.
to the
2.
By appearing in person, or through a
representative, at the hearing and making oral
comments. The Planning commission may
reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct
of the hearing.
(
continuation of the H~arinq
The Planning commission may, for any reason,
continue the hearing on the proposal. If, during
the hearing, the commission announces the time and
place of the next public hearing on the proposal
and a notice thereof is posted on the door of the
hearing room, no further notice of that hearing
need be given.
Plannincr commission Recommendation
1.
General - Following the public hearing, the
Planning commission shall consider the
proposal in light of the decisional criteria
section 55 of this Chapter and take one of the
following actions:
a.
If the Planning commission determines
that the proposal should be adopted, it
may I by a majority vote of the entire
membership, recommend that City council
adopt the proposal.
b.
If the Planning commission
that the proposal should not
it may, by a majority .vote of
present, recommend' that City
adopt the proposal.
determine,;;
be adopted,
the members
council not
. If the planning commission is unable to take
either of the actions specified in Paragraph 1
of this Section, the proposal will be sent to
City council with the notation that the
Planning commission makes no reco~~endation.
2,
Modification of ProDosal The Planning
commission may modify the proposal in any way
and to any degree prior to recommending the
proposal to city council for adoption. If the
Planning commission fundamentally modifies the
proposal, the Planning commission shall hold a
new public hearing on the proposal as modified
160 - 5
-6-
160.70
160.75
1.
prior to recommending
Council for action.
proposal
to
City
the
Planninq Commission Report to citv Council
General - ~he Planning Official shall prepare
a Planning commission report on the proposal
containing a copy of the proposal, along with
any explanatory information, and the Planning
commission recommendation, if any, on the
proposal.
2,
Transmi ttal to ci tv counci 1 The Planning
Official shall transmit the Planning
commission report to the city Manager for
consideration by city Council.
3.
Distribution The Planning Official shall
promptly send a copy of the Planning
commission report to any person requesting it.
citv Council Action
1.
General - within 60 days of receipt of the
Planning commission report by the city
Manager, the city Council shall consider the
proposal along with a draft ordinance or
resolution, prepared by the City Attorney,
appropriate to enact or adopt the proposal.
2.
Decisional criteria In deciding upon the
proposal, the City Council shall use the
decisional criteria listed in the chapter of
this Code describing the proposal.
3,
ci tv Council Action - After consideration of
the Planning commission report and, at its
discretion, holding its own public hearing on
the proposal, the City Council shall by
majority vote of its total membership-
a.
Approve the proposal by adopting
appropriate resolution or ordinance;
an
b.
Modify and
adopting an
ordinanoe;
approve the proposal
appropriate resolution
by
or
c.
Disapprove the proposal; or
d.
Refer the proposal back to the Planning
commission for further proceedings. If
this occurs, the City Council shall
specify the time within which the
160 - 6
-7-
Planning commission shall report back to the city Council
on the proposal.
section II.
Severabilitv.
If any section, sentence,
clause or phrase of this ordinance shall be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall no effect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
section III.
Effective Date.
This ordinance shall be
effective five
(5)
days after publication of approval summary
consisting of the title hereto.
PASSED by the city council of the city of Federal Way
this ~ day of ~~//~, 1991.
CITY OF FEDERAL WAY
Y1l'j!Lf1' ~
MAYOR, DEBRA ER EL
c
FILED WITH THE CITY CLERK: 11/26/91
PASSED BY THE CITY COUNCIL: 12/03/91
PUBLISHED: 12/06/91
EFFECTIVE DATE: 12/11/91
ORDINANCE NO. 91-112
LA\EF\ORD\91-0098.CAL
8-