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Ord 92-140 ORDINANCE NO. 92-140 AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, APPROVING THE CITY OF FEDERAL WAY UTILITY PLAN AND AMENDING FEDERAL WAY CODE TITLE 20.230 (ORDINANCE NOS. 90-40, 91-109, 91-114, 92-130 AND 92-136) TO ADOPT THE CITY OF FEDERAL WAY UTILITY PLAN AS A CITY OF FEDERAL WAY SEPA POLICY. WHEREAS, the city of Federal Way Private utility Plan is consistent with the City of Federal Way's existing land use policies contained in the Comprehensive Land Use Plan, the Federal Way Zoning Code and Zoning Map; and WHEREAS, the City of Federal Way Private Utility Plan is consistent with the Growth Management Act as it contains the following components: (A) an inventory showing the location and capacity of existing capital facilities; (B) the location and capacity of proposed new or expanded capital facilities; and (C) the need for consistency in coordination between the private utilities element, the land use element, capital facilities element and financing plan; and WHEREAS, approval of the City of Federal Way Private Utility Plan will allow the City to use the Plan as a basis for ongoing coordination with regard to proposed amendments to the city's Comprehensive Land Use Plan; and WHEREAS, a Determination of Non-significance under SEPA was issued for the Plan on March 13, 1992; and WHEREAS, the city of Federal Way Private Utility Plan constitutes an appropriate basis for the exercise of substantive SEPA authority by the city of Federal Way, pursuant to RCW 43.21C.060; and COpy WHEREAS, the formal designation of agency SEPA policies does not require environmental review and is categorically exempt as a procedural action under WAC 197-11-800 (20); and WHEREAS, a public hearing was held on the proposed Plan on April 15, 1992, before the Federal Way Planning Commission; and WHEREAS, at the conclusion of the public hearing, the Planning Commission evaluated the Private utility Plan for compliance with the Growth Management Act, and found it to be in compliance; and WHEREAS, the Planning Commission recommends City Council approval of the Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. The City Council makes the following Findings with respect to the Private utility Plan: A. The Private utility Plan is consistent with the City of Federal Way Comprehensive Plan. The utilities are meeting existing demand for services across the City. The utility plans show that they are able to respond to growth in demand for services. Proposals contained in the Private utilities Element are found to be consistent with the existing Comprehensive Land Use Plan. Issues for future coordination have also been identified in this report to ensure continuing policy development and consistency. - 2 - c. B. The Private utility Plan is fully consistent with the Federal Zoning Way including Code, those adopted by reference from the Comprehensive Plan. The Private utilities Element is consistent with the Federal Way Zoning Code. Any expansion or improvement of utility systems will be required to be consistent with the zoning code. The approval of the Private utility Plan bears a substantial relation to public health, safety, and welfare. Approval Private utilities Element will of the allow the utilities to ensure timely and adequate service to the residents of the city. The approval of the Private utilities Element is a first step toward ensuring that future review of the City's Land Use Element and the Private utilities Element are fully coordinated and consistent. This process should result not only in consistency, but also in increased efficiency in providing utilities for the city. - 3 - D. E. F. G. The Private utilities Element is consistent with the City use of Federal existing Way's land policies contained in the Comprehensive Land Use Plan, the Federal Way Zoning Code, and Federal Way Zoning Map. The Growth Management Act requires that a private utilities contains element the following comp°!1ents: (1) location of existing capacity The and facilities. (2) location proposed capacity The and of improvements. The Private utilities Element fully satisfies these informational requirements as defined by the Growth Management Act. Approval the Private utilities Element will of allow the city to ensure cost efficient, timely, and adequate service to the city and surrounding unincorporated areas. Approval the Private utilities Element will of allow the city to use the utilities element as a basis on-going coordination with for regard to piecing city together the of Federal Way's Comprehensive Plan. - 4 - section 2. The Private utility Plan of the City of Federal Way attached hereto as Exhibit A is hereby approved. Section 3. The City of Federal Way Code Title 20, Environmental Policy, section 20.230 (Ordinance Nos. 90-40, 91-109, 91-114, 92-130 and 92-136), is amended as follows: 20.230 SEPA - Policies The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. .10 The city designates and adopts by reference the following policies as the basis for the city's exercise of authority under this chapter: .20 The City shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: A. (1) (2) (3) (4) (5) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; Preserve important historic, cultural, and natural aspects of our national heritage; Maintain, wherever possible, an environment which supports diversity and variety of individual choice; - 5 - B. c. (6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. The City adopts by reference the following City codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended: (1) (2) (3) (4) (5) (6) (7) (8) (9) The Federal Way Comprehensive Plan. The Zoning Code and the Official Zoning Map. The Subdivision Ordinance. The Shoreline Management Ordinance. Ordinances relating to Surface Water Runoff, Ordinance #90-31, and Surface Water Management, Ordinance #90-32 . Ordinance titled Methods to Mitigate Development Impacts. Federal Way Water and Sewer District Water system Plan 1991. The Federal Way Comprehensive Parks, Recreation, and Open Space Plan. The King County Fire Protection District No. 39 Long Range Plan. (10) The Federal Way School District No. 210 Capital Facilities Plan. - 6 - (11) The Federal Way Improvement Plan. Interim City (12) The Federal Way Solid Waste Management Plan (Ordinance No. 90- 73) . (13) The Federal Way Recycle (Resolution No. 91-86). Plan (14) The Federal Way Transportation Improvement Plan (Resolution No. 91- 67) . (15) The Federal Way Hazardous Waste Management Plan (Resolution No. 90- 27) . (16) The Federal Way Surface Water Management Plan (Ordinance 90-31). i11l The Federal Wav Private utilitv Element. section 4. Severabilitv. If any section, subsection, clause or phrase of the sections herein are for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the chapter. section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title hereto. PASSED by the City Council of the city of Federal Way this ~ day of June , 19~. CITY OF FEDERAL WAY -~>~ MAYOR, ROBERT STEAD - 7 - ) . SWANEY, CMC APPROVED AS TO FORM: VA -------- ACTING CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: June 5, 1992 EFFECTIVE DATE: June 10, 1992 ORDINANCE NO. 92-140 Kay 13, 1992 June 2,1992 92L322 - 8 -