Ord 96-272
ORD:INANCE NO.
96-272
AN ORD:INANCE OF THE C:ITY COUNC:IL OF THE C:ITY
OF FEDERAL WAY, WASH:INGTON, AMEND:ING SECTIONS
22-57 AND 22-58 OF THE FEDERAL WAY CITY CODE
TO REDUCE THE NUMBER OF APPO:INTED PLANN:ING
COMM:ISS:ION MEMBERS FROM N:INE TO SEVEN AND TO
AMEND THE APPO:INTMENT PROVISIONS FOR THE
PLANN:ING COMM:ISS:ION
WHEREAS,
amendments to the FWCC text are authorized
pursuant to FWCC sections 22-216 and 22-217 pursuant to Process IV
review; and
WHEREAS, the Federal Way city council has considered a
proposed change to the FWCC relating to the number of members
serving
on
the
Planning
commission
and
the
term
of
their
appointment ("Proposal"); and
WHEREAS, the Federal Way City Council, pursuant to FWCC
22-517, having determined the Proposal to be worthy of legislative
consideration, referred the Proposal to the Federal Way Planning
commission for its review and recommendation; and
WHEREAS,
the Federal way Planning commission,
having
considered the Proposal at a public hearing on April
3,
1996
pursuant to FWCC section 22-523, and all public notices having been
duly given pursuant to FWCC section 22-521; and
WHEREAS,
following the public hearing,
the
Planning
commission submitted to the Land Use and Transportation Committee
of the City Council its recommendation in favor of proposed text
amendments to FWCC 22-57 and FWCC 22-58; and
ORD # 96-272
, PAGE 1
C(Q)~V
WHEREAS, the Land Use and Transportation Committee of the
City
Council
considered
the
recommendation
of
the
Planning
Commission
and
has
moved
to
forward
the
Planning
Commission
recommendation to the full City Council, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Findinas.
After full and careful consideration,
the city Council of the City of Federal Way makes the following
findings with respect to the Proposal and the proposed amendments
to the Federal Way city Code ("FWCC")¡
1.
Federal Way, as a code city is subject to the provisions
of RCW 35A.63.020,
"Planning Commission - Creation - Powers and
Duties - Conflicts of Interest".
2.
The city of Federal Way has authority to determine the
number of planning commissioners to serve on the
Federal Way
Planning commission.
3.
Reducing the
number
of
planning
commissioners
would
continue to provide for adequate community representation on the
Planning commission
4.
The proposed code amendments would not adversely affect
the public health, safety or welfare.
5.
Given the complexity of the
issues
reviewed by the
Planning
commission
and
the
reduction
of
the
number
of
commissioners, extending the term of appointment from three to four
ORD #
96-272
, PAGE 2
years would
allow commissioners to gain needed experience
to
effectively
address
the
land
use
matters
brought
before .the
commission.
Section 2.
Conclusions.
Pursuant to FWCC Section 22-217 and
based upon the Findings set forth in Section 1, the Federal Way
City Council makes the following Conclusions of Law with respect to
the decisional criteria necessary for the adoption of the Proposal:
1.
The Proposal is consistent with the Comprehensive Plan.
2.
The Proposal bears a substantial relationship to the
public health, safety and welfare because extending the term
of
appointment
of
planning
commissioners
would
allow
commissioners to gain additional experience and insight.
3.
The Proposal is in the best interests of the residents of
the City.
section 3.
Amendments.
A.
Membership on Planninq Commission Section 22-27 of the Federal
Way City Code shall be amended to provide as follows:
section 22-57.
Membership.
The planning commission shall consist of ftHte seven
members who are residents or property owners in the city with
interest in land use and planning issues and a commitment to
the planned development of the community.
Planning commission
members shall serve without compensation.
ORD #
96-272
, PAGE 3
B.
Annointment of Plannina Commission Members
section 22-58 of
the Federal way City Code shall be amended to provide as follows:
Section 22-58.
Appointment.
The
planning
commission
shall
be
appointed
by
city
council.
Each member shall serve a term of four vears.
The
city council shall annually.appoint ~ new members to fill
the expiring terms on the planning commission.
Planning
commission members may be reappointed as many consecutive
times as city council deems appropriate.
If, for any reason,
a vacancy occurs during the term of a planning commission
member, the city council shall appoint a new member to fill
the unexpired term of that planning commission member.
The
city council may remove a planning commission member at any
time
if
the
city
council
determines
that
the
planning
commission
member
is
not
fulfilling
his
or
her
responsibilities to the satisfaction of city council.
All
members of the planning commission shall serve until their
successors are duly appointed by city council.
The city
council may also appoint alternate planning commission members
as the need arises, consistent with RCW 35A.63.020.
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
ORD # 96-272
, PAGE 4
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 6.
Effective Date.
This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by law.
this
PASSED by the City Council of the City
.-J.,ryi day of ~, 1996.
U V CITY OF FEDERAL WAY
of Federal Way
"
~~A. ¡O-Y
MAYOR, MARLON S. PRIEST
'-)Z E '?V ,/
/~;;J~~~~~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
6v
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\plan.ORD
06-11-96
07-02-96
07-13-96
08-01-96
96-272
ORD # 96-272
, PAGE 5