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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 prõpoŇ°al; 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-