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Res 01-342 CITY OF FEDERAL WAY RESOLUTION NO. 01 - 342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DISAPPROVING THE PROPOSED TEXT AMENDMENTS TO CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE TO INCORPORATE A DEFINITION OF A "MEGA- CHURCH" AND ADD A NEW LAND USE CHART TO ALLOW A MEGA- CHURCH IN THE BUSINESS PARK ZONE WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning); and WHEREAS, FWCC Section 22-522 provides that any person may request a site-specific comprehensive plan or zoning designation change on property he or she owns; and WHEREAS, in 1999 the Quadrant Corporation submitted a written request that the City change the Comprehensive Plan and zoning designation of a parcel it owns south of 336th and east of Pacific Highway, from Business Park (BP) to Multi-family (RM), so that Quadrant could develop a church on the property; and WHEREAS, FWCC Section 22-528 provides for amendments to the text of Chapter 22 of the FWCC if the City finds that a proposed amendment is consistent with the applicable provisions of the comprehensive plan; the proposed amendment bears a substantial relation to public health, safety, or welfare; and the proposed amendment is in the best interest of the residents of the City; and WHEREAS, in addition to consideration of the Quadrant Corporation's request, the Land Use Transportation Committee of the City Council directed staff to analyze the feasibility of an amendment to the text of Chapter 22 of the FWCC to permit the construction and operation of churches generally within the (BP) zone; and Resolution No. 91--3~¡age I (cO[p1f WHEREAS, during the course of refining its analysis, City staff prepared draft code amendments which permitted churches within the BP zone only if the churches provides sanctuary seating for more than 1,000 persons; and WHEREAS, Chapter 22 of the FWCC, if amended in accordance with the staff's recommendation, would not permit mega-churches in residentially-zoned areas; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Non significance on the proposed code amendments relating to mega-churches on February 3, 200 I; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the proposed code amendments on February 21, 2001, continued its public hearing to March 7 and April 4, 2001, held its deliberations on April 18, 200 I, and forwarded a recommendation of approval by to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments relating to mega-churches on June 4, 2001, and June 18,2001, and forwarded a recommendation of disapproval to the City Council; and WHEREAS, the City Council considered the proposed code amendments relating to mega- churches on July 3, 2001; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: Section I. Findings, After full and careful consideration, the City Council of the City of Federal Way makes the following findings: A. Amendments to Chapter 22 of the FWCC to add a definition of a "Mega-Church" and a new Land Use Chart to allow a mega-church in the Business Park zone will not promote development of quality business park areas nor encourage quality, mixed-use development for office, manufacturing, and distribution centers within the Business Park zone, as required by the City's Comprehensive Plan, LUG 5, LUP 35 and LUP 36. 01-342 Resolution No, 01- , Page 2 B. Amendments to Chapter 22 of the FWCC to add a definition of a "Mega-Church" and a new Land Use Chart to allow a mega-church in the Business Park zone will jeopardize tax revenues associated with commercial development in the Business Park zone; C. Amendments to Chapter 22 of the FWCC to add a definition of a "Mega-Church" and a new Land Use Chart to allow a mega-church in the Business Park zone will preclude large churches from residential areas of the City, limiting the ability of churches currently located in the residential zone from expanding; D. Amendments to Chapter 22 of the FWCC to add a definition of a "Mega-Church" and a new Land Use Chart to allow a mega-church in the Business Park zone will not protect residential areas from impacts of adjacent non-residential uses. E. Amendments to Chapter 22 of the FWCC to add a definition of a "Mega-Church" and a new Land Use Chart to allow a mega-church in the Business Park zone will not protect and will adversely affect the public health, safety, or welfare; and F. Amendments to Chapter 22 of the FWCC to add a definition of a "Mega-Church" and a new Land Use Chart to allow a mega-church in the Business Park zone relating to mega-churches are inconsistent with the intent and purpose of FWCC, Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare, and are not in the best interests of the general public, because they will provide the potential to absorb large areas of Business Park zoned property, depleting available land for office and manufacturing uses, reducing revenues generated by commercial development, and impacting residential areas, and they prohibit the larger neighborhood churches from locating or expanding within the residential zone, Section 2, Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria applicable to the proposal: 01-342 Resolution No, 01- , Page 3 I. The proposed FWCC text amendments are inconsistent with the following Comprehensive Plan goals and policies: LUG5 Develop a quality business park area that supports surrounding commercial areas. LUP35 Encourage quality, mixed-use development for office, manufacturing, and distribution centers. LUP36 Develop business parks which fit into their surroundings by grouping similar industries in order to reduce or eliminate land use conflicts. allow sharing of public facilities and services, and improve traffic flow and safety. LUP15 Protect residential areas from impacts of adjacent non-residential uses. TP5 Protect neighborhoods from traffic impacts. 2. The proposed amendments are inconsistent with the criteria set forth in FWCC Section 22-528, because they are inconsistent with the applicable provisions of the comprehensive plan, do not bear a substantial relationship to public health, safety, or welfare, and are not in the best interest of the residents of the city. Section 3. Amendment. In light of the Findings of Fact and Conclusions of Law contained in Sections I and 2 above, the City Council declines to adopt the proposed definition of a "Mega-Church" and declines to adopt a new Land Use Chart to allow mega-churches in the Business Park zone. Section 4. Severability. The provisions of this resolution are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this resolution, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the resolution, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 01-342 Resolution No. 01- ,Page 4 Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. ADOPTED by the City Council of the City of Federal Way at a regular meeting of the City Council on the ~ day of July , 2001. ApPROVED: ~4-/ MAYOR, I - ~~~ CITY LERK, N. CHRISTINE GREEN, CMC ApPROVED AS TO FORM: ~ ( ;;fr~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: 06/26/01 07/03/01 N/A 07101101 PUBLISHED: EFFECTIVE DATE: RESOLUTION No.: 01-147 IIOOCUMENl\M;"dl,,- Cod, Am,"'m,""'M"..Ch",hoIC;\, eo..","Im'..~h",h ,=.doclLu\ p,im'" 0612612001 0236 PM 01-342 Resolution No. 01- , Page 5