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Planning Comm MINS 02-21-2001 City of Federal Way PLANNING COMMISSION Regular Meeting February 21, 2001 City Hall 7:00 p.m. Council Chambers MEETING SUMMARY Commissioners present: Karen Kirkpatrick Hope Elder, Nesbia Lopes, Bill Drake, John Caulfield, Dini Duclos, and Dave Osaki. Commissioners absent: none. Guests present: Bill May. Staff present: Community Development Services Director Kathy McClung, Community Development Services Deputy Director Greg Fewins, Senior Planner Margaret Clark, Consultant Rick Sepler; Assistant City Attorney Phil Olbrechts; Traffic Engineer Rick Perez; and Administrative Assistant E. Tina Piety. Chairwoman Kirkpatrick called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The November 15, 2000, meeting minutes were approved as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Ms. McClung reminded the Commissioners of the Volunteer Dinner to be held this Friday, February 23, 2001. The city has received new city codes and each commissioner has been given a copy. Ms. McClung requested the commissioners recycle their old codes. She announced that Greg Fewins has been promoted to Deputy Director and the city is considering a second Deputy Director for the department who would concentrate on economic development. COMMISSION BUSINESS Public Hearing – Allowed Maximum Heights & Other Miscellaneous Code Amendments Chairwoman Kirkpatrick opened the Public Hearing. Ms. Clark gave the staff report. The proposed amendments consist of: 1) a definition for business or vocational school, trade school, and school, and clarification of which zones they would be allowed in; 2) modifying the use zone charts to allow for schools in the Office Park zone; 3) allowing for increased heights for school gyms and other school-related structures; 4) modifying the use zone charts to ensure consistency in height requirements in the Multifamily Residential Zones; and 5) modifying parking requirements for churches to address the wide range of uses associated with churches. Ms. Clark went over the specifics of the proposed amendments and provided the commission with copies of her overheads. Pursuant to the State Environmental Policy Act (SEPA), a Determination of Nonsignificance for this proposal was issued on February 3, 2001. The comment period ended February 19, 2001. One comment was received from Jeff Green of the Federal Way School District and was incorporated into the proposed amendments. Planning Commission Page 2 February 21, 2001 K:\Planning Commission\2001\Meeting Summary 02-21-01.doc/Last printed 1/10/2005 5:02 PM The commission inquired if a business that does a lot of training fall into the trade school definition. Ms. Clark replied that the city would research whether the training is an accessory to the main use (business). The code does allow for accessory uses, and in such a case, the business would not be defined as a trade school. The commission discussed the Transportation Management Plan (TMP) proposed to be required of churches for parking. Concerns were raised over whether it would decrease the number of parking spaces and if it would add substantially to the cost of a permit. Ms. Clark responded that a TMP could decrease the number of required parking spaces. TMP’s are tailored to each individual project. It is conceivable that one church with a lot of uses (Sunday worship, meetings throughout the week, a school, etc.) may require more parking spaces than the current code states, and other with only Sunday worship may require fewer. A TMP could increase the cost of a larger project, but for a small project, it could be as simple as a paragraph or two. Concern was expressed over the Gene Juarez Beauty School that is located in the City Center Frame (CC- F) zoning district. Which school definition would it fall under? If it is a Trade School, which seems the most likely definition, the proposed amendments will make it nonconforming. The commission does not like the idea of creating a nonconforming use. Staff will research this issue. There was no Public Testimony. Chairwoman Kirkpatrick closed the Public Hearing. It was m/s/c (no nays) to add Trade Schools back to the CC-F zone. There was no discussion. It was m/s/c (no nays) to adopt the staff recommendation as modified. There was no discussion. Public Hearing – Mega-Churches Code Amendments Commissioner Lopes excused herself from this portion of the meeting due to a possible conflict of interest. Chairwoman Kirkpatrick opened the Public Hearing. Consultant Rick Sepler presented the staff report. The proposed amendments add a definition for mega-church, update the definition of church, and add mega-churches to the Business Park (BP) zone. Since the Staff Report was sent to the Planning Commission, staff changed the definition of mega-church to a seating capacity of 1,000, instead of 2,000. Furthermore, addition letters were received. These have been given to the commissioners at this meeting. Mr. Sepler asked the commission to keep in mind that the scope of this amendment is citywide, not property specific. Because the proposed amendments would affect the potential Christian Faith Center (CFC) project, many of the letters (and most likely, much of the testimony) speak to this potential project. The commission is asked to consider CFC only as an example. Pursuant to the State Environmental Policy Act (SEPA), a Determination of Nonsignificance for this proposal was issued on February 3, 2001. The comment period ended February 19, 2001. Numerous letters were received. They express their concerns and support of the potential CFC project. They express concern over water quality and wetlands. And they inquire if the city is considering the King County concerns over mega-churches in rural areas. Chairwoman Kirkpatrick opened the Public Testimony. Planning Commission Page 3 February 21, 2001 K:\Planning Commission\2001\Meeting Summary 02-21-01.doc/Last printed 1/10/2005 5:02 PM Peter Orser, Quadrant, PO Box 130, Bellevue – He commented that it is important to hear about a specific site in order to get an idea of what people propose. He supports the amendment. Churches bring a sense of community and are good neighbors. Traffic would not be too big of a problem because the church traffic would occur at different days and time then commuter traffic. Gil Hulsman, 1001 Shaw Road, Puyallup – He is with Abby Road Development, which is working on the potential CFC project. He provided the commission with a conceptual master plan and conceptual elevations for the potential CFC project. He stated that the site is 50 acres, but that does not tell the whole story. Much of the site would be dedicated to roads, wetlands, buffers, landscaping, sport fields, etc. Only some 45 percent of the site would be buildings and parking (i.e. impervious surface). He remarked that the buildings would be designed similar to office buildings. He asked the commission to keep in mind what churches look like today, and to consider how the contribute to the quality of life. Greg Heath, 2214 Tacoma Road, Puyallup – He is the principle traffic engineer for the potential CFC project. He stated that Federal Way would require a traffic analysis and mitigation. Traffic would be different than that from a business. The potential private school would have larger trip generation, but that can be mitigated. A business use leads to the largest amount of traffic. Morgan Llewellyn, PO Box 902, Kent – He is the real estate broker for CFC and supports the amendment. He commented that one of the aspects he considered when looking for a new site for CFC was where do the people who attend the church live? Most of them live in Federal Way. He stated that the recent Market Study conducted by the city showed that there is a lot of BP land in the area. Federal Way has a 20-year supply, and there is also a lot available in nearby areas, such as the Kent valley. Because of this, the property in question is not being utilized. He remarked that the church is reaching out to the community to address their concerns and issues (they recently met with the Friends of the Hylebos). This is a project Federal Way could be proud of. Wayne Rankin, 21024 24th Avenue South, Seattle – He is the CFC financial officer. He stated that the sanctuary would be open to many uses. This would be a safe place for children and youth. The site would house CFC corporate offices and a public bookstore and café. Sandra Corronza, 4161 Augusta Drive – She commented that the benefits of a private Christian school include: 1) parents move kids to private schools when they don’t do well in public schools; 2) it would provide numerous community service hours; 3) it would draw new people to the area; 4) it would use existing businesses; 5) the level of commitment of parents and teachers produces outstanding students; 6) it would provide public uses; and 7) the early childhood development program would be a safe place for parents to leave younger children. Molly Venske, 21024 24th Avenue South, Seattle – She is the creative arts director at CFC and supports the amendment. CFC would provide drama, music, dance, and television for the church and community. They offer acting classes and camps and family theater. Ray Anderson, 23014 West Edwards – He is a CFC elder who is looking to move to this area and supports the amendment. He is a marriage counselor who focuses on improving communication and feels it would be a benefit to the community to be able to offer this service in Federal Way. Planning Commission Page 4 February 21, 2001 K:\Planning Commission\2001\Meeting Summary 02-21-01.doc/Last printed 1/10/2005 5:02 PM Tom Henderson, 147 South 294th Place – He is a contractor and CFC member who supports the amendment. He stated that this is an opportunity to use empty land, provide jobs, and provide support for existing businesses. Rob Scott, 1900 SW Campus Drive – He is a CFC youth worker who supports the amendment. He commented that church can be a positive influence on young people by teaching them good values. CFC draws youth from all over the area, not just their school. Margaret Nelson, 32904 4th Avenue SW – She opposes the amendment. One purpose of the BP zoning is to provide a place for taxable businesses. Business taxes helps to lower private property tax. The city has only about 115 acres of open BP land left. She noted that the chart in the staff report that addresses taxes does not include increases over time. She questioned why a church school would be allowed in the BP zone, but not public school. Ida Pressnall, 35530 52nd South, Auburn – She lives on the West Hill of Auburn and opposes the amendment. She stated that more people would have been at the meeting if there had been better advertising. She commented that the traffic in the area is a mess, and soon there will be a new high school and junior high school in the area generating even more traffic. She objects to the tax base being lost and that the potential CFC project would take of the remaining BP land. Raymond Lawrence, 4314 SW 320th Place – He supports the amendment. He commented that he has teenagers and the CFC would provide positive role models for them. Churches provide positive role models and would be positive to the community. Brooke Scheib, 20718 9th Avenue South – She supports the amendment. She stated that as a school counselor, she knows we need resources for families. CFC represents some 50 nations. These people would be part of the community. The church would help families and young people. She commented that it doesn’t matter where you build, there will always be traffic problems. We need to look at the larger picture of helping people. Garet Munger, Terra Associates, 12525 Willows Road, Kirkland – He is the CFC wetland consultant and supports the amendment. He showed the commission an aerial photo of the site and indicated the three wetlands on the property. He stated that the site also has tributaries to the Hylebos. He commented that any project would have to address the wetland issues. CFC would have to meet all city regulations and provide mitigation as needed. Their current proposal would create some 6,000 square feet of new wetland. Loretta Morgan, 3202 45th Avenue NE, Tacoma – She has lived in the neighborhood nine years and opposes the amendment. She requested the commission delay their decision because only a few members of the community are here because they only recently heard of the meeting. She commented that BP zones are located in the most highly congested areas of Federal Way (mega anything would have serious impacts). She has sent the city an e-mail (a copy was provided to the commission) stating her concerns and requested that the commission read it. She feels the decisional criteria do not support the proposal, specifically, this proposal would not preserve and protect Federal Way’s single-family neighborhoods and it would not protect residential areas from impacts of adjacent non-residential areas. Planning Commission Page 5 February 21, 2001 K:\Planning Commission\2001\Meeting Summary 02-21-01.doc/Last printed 1/10/2005 5:02 PM Tom Frostad, 2100 South 336th, R2 – He lives across from the potential CFC site. He stated that the project would adversely affect traffic on 336th. The city already has too much traffic and many four-lane roads. The city should save BP land for tax-based businesses. He commented that the church does not meet the decisional criteria, specifically; it would not protect residential areas from impacts of adjacent non-residential areas. He supports the church, but not in that location. Elizabeth Kari, 2012 South 331st Street – She opposes the amendment. She commented that we should not kid ourselves. The city says this amendment is not project specific, but Federal Way does not have an outstanding need for a mega-church, and if it weren’t for CFC, this amendment would not be happening. She stated that a mega-church is not intended to serve a community; it is a destination. She also feels that the amendment does not meet the decisional criteria. It would generate a lot of traffic on Saturday and Sunday. She commented that the neighborhoods property values would decline and they would be limited in the enjoyment of their property. The city should consider the needs of the neighborhood. Walt Linburg, 31431 8th Avenue South – He has lived here for many years and opposes the amendment. The amendment would cause an increase in traffic. It would remove large amounts of taxable property. It would be an additional burden on fire and police protection, with no taxes generated for this service. For a city in need of revenue, it doesn’t make sense to remove a taxable source. Glenn Sawyer, 2005 South 331st Street – He opposes the amendment. He feels it violates the mission statement of the Department of Community Development Services, which states in part, “…to help maintain and improve the quality of life in Federal Way by managing and fostering the safe, orderly and beneficial development and implementation of land use, building construction, code enforcement, neighborhood development and human services programs…” He asked, “What good is a comp plan if you keep bending the rules?” He commented that on one side of him, a radio station with 10 employees is being told to leave, but on the other we are planning a large church. It would add pollution to Hylebos creek by runoff from the roads and parking lot. He also commented that there is not enough infrastructure to support the traffic and it would add to the noise. Martin Durkan, 330 SW 43rd Street, Renton – He supports the amendment. He commented that there is a resurgence of all types of religion in the US, and churches are having problems finding enough urban land. The issues raised tonight are all valuable and he asked people to remember that this is just the beginning of a long process. He stated that if you can’t mitigate, you can’t build. He also stated that public schools are located in areas where private schools are not allowed. Rick Brassfield, 1639 South 310th, Suites A & B – He stated that he is in agreement with much of what the City Council has done over the years. He has been a business owner in the area for 20 years. He feels a church would bring more people in and increase business. He stated that there is a lot of space in Federal Way that can be used. Marv Smith, 1039 South 310th, Suites A & B – He has lived and owned a business in Federal Way for 24 years. He commented that traffic seems to be a moot point because both a church and a business would bring increased traffic. It seems a church would have more open space (i.e. a ballfield). He feels it would bring in business. Planning Commission Page 6 February 21, 2001 K:\Planning Commission\2001\Meeting Summary 02-21-01.doc/Last printed 1/10/2005 5:02 PM Maxine Ranta, 29829 8th Avenue SW – She stated that we are not here to decide if CFC would be a good neighbor. Traffic is a concern. A school with a church is not an accessory use. It would be busy all the time. Chairwoman Kirkpatrick closed the Public Testimony. Phil Olbrechts noted that currently, a mega-church could locate anywhere a church or school is allowed. This amendment would limit them to the BP zone. He remarked that in other states, the courts have said that jurisdictions cannot deny a church because it won’t be taxed. Given the climate in this state, he feels it is likely that should the issue go to trial here, the courts would rule the same. He reiterated that while the public is welcome to comment on potential projects, this is a citywide amendment and the commission needs to consider the city as a whole, not a particular project. The commission had numerous questions and concerns. One concern was allowing a private school in a zone where public schools are not allowed. Staff commented that a school could be allowed as an accessory use to a church. The commission also expressed concern over traffic. Rick Perez commented that any development would have to provide a traffic study that would determine what improvements would need to be done to mitigate the traffic. Such improvement would probably consist of at least ½ street improvements, including curb, gutter, sidewalk, and street trees. It was m/s/c to continue the Public Hearing to March 7, 2001, at 7:00 p.m. in the City Hall Council Chambers. It was m/s/c to extend the meeting for 10 minutes. To address their concerns, the commission has requested staff to prepare the following analysis and locate the following materials: 1. Determine if a study is available which documents the “spin off’ economic benefits for a community from a mega church. Redmond, Washington and other jurisdictions with experience in this area should be contacted. 2. Determine the number of employees that a typical mega church would employ on-site. 3. Prepare a comparison matrix which summarizes the differences and similarities (bulk, dimensional, coverage, parking, trip generation, etc.) and relative impacts of typical uses occurring within a Business Park (BP) zoning district and the potential establishment of a mega church in the same designation. 4. Provide an illustrative map that identifies vacant parcels located within the BP zoning districts. The map should also identify vacant 50-acre sites located in other zoning districts that currently allow for churches. 5. Prepare an analysis of the relative financial impact on the provision of public services (police, fire, emergency services) from a mega church as compared to development facilitated under BP zoning. Planning Commission Page 7 February 21, 2001 K:\Planning Commission\2001\Meeting Summary 02-21-01.doc/Last printed 1/10/2005 5:02 PM ADDITIONAL BUSINESS Ms. McClung asked the commissioners to stay a few minutes after the meeting so she could obtain pictures for the upcoming volunteer dinner. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 10:07 p.m.