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.
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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:
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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.
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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
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