Ballys CC DA DRAFT STAFF REPORT 8-1-221
CITY OF FEDERAL WAY
CITY COUNCIL PUBLIC HEARING
STAFF REPORT
DATE:August 2, 2022
TO:Mayor Jim Ferrell
City Council
FROM:Brian Davis, Community Development Director
Keith Niven, Planning Manager
Natalie Kamieniecki, Associate Planner
SUBJECT:Bally’s Comprehensive Plan Amendment, Rezone and Development Agreement
Meeting Date:August 9, 2022
I. FINANCIAL IMPACT
The approval of the following proposed Code and Comprehensive Plan amendments will not cost the City
any additional funds; and, will require no transfer of general funds for the action.
II. BACKGROUND
This is a request for a comprehensive plan amendment of real property located at 32818 1st Avenue S,
parcel number 172104-9038, commonly known as the “Bally’s” site, from Office Park (OP) to Multi-
Family High-Density Residential (RM1800 one unit per 1,800 square feet). Per Federal Way Revised
Code (FWRC) 19.80.050, the city has elected to review citizen-initiated rezoning requests on an annual
basis. This application comprises the 2021 docket. If the proposed comprehensive plan amendment is
approved, appropriate zoning changes would be made concurrently (Exhibit A).
A public hearing was held by the Federal Way Planning Commission on September 15, 2021, and October
6, 2021. The Planning Commission recommended, “that the proposed Comprehensive Plan amendment not
be adopted until such time that the applicant and City enter into a development agreement pursuant to
FWRC 19.85 to cover homeownership opportunities and other items deemed appropriate by the City
Council.”
Subsequently, following hosting a neighborhood meeting, the applicants submitted a draft Development
Agreement they believed satisfied the recommendation from the Commission to incorporate a pathway to
homeownership opportunities (Exhibit J). Given the real estate market and its complexities, the applicant
was not willing to outright guarantee these units would be for-sale homes. The applicant identified that
inflation and rising mortgage rates might render these units too expensive for the market by the time they
are constructed and ready to be sold. In lieu of this, the applicant agreed to record a condominium map
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prior to construction completion that would allow them to sell these units if the market was favorable to
that option following construction. This would ensure there would be no administrative barriers for these
units to be offered as condominiums, if that decision is made by the property owner.
APPLICATION AND SITE DATA
Reason for the Request
The property owner is requesting a comprehensive plan amendment and rezone of their property from
Office Park (OP) to Multi-Family High-Density Residential (RM1800 one unit per 1,800 square feet)
due to the lack of market demand for office park uses at this site, and the ongoing housing shortage in
Federal Way and King County. They also state that the highest and best use for the land is residential
housing.
Surrounding Zoning & Land Use
Zoning Land Use
North Multi-Family (RM1800, one unit per 1,800
square feet)Colonial Forest Condominium
South Multi-family (RM 2400, one unit per 2,400
square feet) Westboro Apartments
East Multi-Family (RM1800, one unit per 1,800
square feet)West Highlands
West Neighborhood Business (BN)7-11 Convenience Store, Restaurants,
various commercial uses
Availability of Utilities
Sanitary Sewer:Lakehaven Water and Sewer provides sewer service in this area. Sewer
service is available adjacent to the property along 1st Avenue South.
Regardless of the outcome of the land use actions, future development of the
property will require Lakehaven Certificates of Availability, Developer
Extension Agreement(s), and sewer service connections (Exhibit O).
Applicant:ESM Consulting Engineers, LLC
Eric Labrie
Property Owner:First Avenue South Apartments LLC
Dave Avenel, Weidner Apartment Homes
Existing Comprehensive Plan
Designation:
Office Park (OP)
Existing Zoning Designation:Office Park (OP)
Requested Comprehensive Plan
Designation:
Multi-Family Residential (RM1800)
Requested Zoning Designation:Multi-Family Residential (RM1800)
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Public Water:Lakehaven Water and Sewer District provides water service in this area.
Existing water facilities are adjacent to the property along 1st Avenue South
and South 312th Street. Regardless of the outcome of the pending land use
actions, future development of the property will require Lakehaven
Certificates of Availability, Developer Extension Agreement(s), and water
service connections (Exhibit O).
Solid Waste:Solid waste is provided by Waste Management.
Availability of Public Services
Police:Police services are provided by and will continue to be provided by
the City of Federal Way Police Department.
Fire/Emergency/Medical:These services are provided by South King Fire and Rescue.
Schools:The property falls within the boundaries of the Federal Way School
District.
Critical Areas
The site is fairly level with gentle sloping areas. No geologically-hazardous landslide or erosion
hazards are located on site. No wetlands or fish and wildlife habitat is located on or within 225 feet of
the subject property. The site is located within a five-year capture zone (Exhibit B). A five-year
capture zone represents the time it takes spills within the land area overlaying the five-year capture
zone to travel to any public water source well owned by Lakehaven Water and Sewer District,
excluding the land area contained in the six-month or one-year capture zones. At the time of
development, the applicant will be required to submit a Hazardous Materials Inventory Statement that
discloses the approximate quantities of hazardous materials that will be stored, handled, treated, used,
produced, recycled, or disposed of in connection with the proposed activity.
Drainage
Surface water runoff control and water quality treatment will be required per the 2021 King County
Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the manual.
Future development must meet the requirements for a Full Drainage Review. At the time of land use
site plan submittal, a preliminary Technical Information Report (TIR), addressing the relevance of the
project to the nine core and five special requirements of the KCSWDM will be required. A Level 1
downstream analysis shall also be provided in the preliminary TIR. The city addendum can be found
at: www.cityoffederalway.com/node/1467.
The site lies within a conservation flow control area; thus, the applicant must design the flow control
facility to meet this performance criteria. In addition to flow control facilities, Best Management
Practices (BMP’s) are required as outlined in the KCSWDM. The project also lies within enhanced
basic water quality area. Water quality treatment shall be designed to meet the treatment criteria of the
enhanced basic water quality menu. The city will accept treatment systems which are listed on the
Department of Ecology’s General Use Level Designation (GULD) for the required level of water
quality treatment.
Access
This parcel fronts on and has existing driveway access from South 328tth Street and 1st Avenue South.
Final access points for any property reuse will be reviewed through future site-specific development
applications.
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Potential Traffic Impacts
This is a non-project action associated with changing the comprehensive plan designation and zoning
from Office Park (OP) to Multi-Family High-Density Residential (RM1800, one unit per 1.800 square
feet). This non-project action by itself does not allow for an assessment of potential traffic impacts due
to the varied land uses and the numerous potential development configurations that might result.
However, at the time that an application for a development permit is submitted, the Traffic Division
will conduct a Transportation Concurrency Analysis, which will analyze peak hour impacts of the
project to assure that there is adequate capacity to accommodate the proposed development.
Supplemental mitigation may be required if the proposed project creates an impact not anticipated in
the Transportation Improvement Plan (TIP). Development proposals will also be subject to a traffic
impact fee to address system impacts. Site-specific analysis may also be required to address impacts
outside of the evening peak hour or safety issues.
III. PROCEDURAL SUMMARY
Selection Process (Prioritizing Docketed Proposals)
Land Use Transportation Committee June 7, 2021
City Council Public Meeting June 15, 2021
Comprehensive Plan Amendment Process Date
Issuance of Determination of Nonsignificance (DNS) pursuant to the State
Environmental Policy Act (SEPA) (Exhibit F)
July 30, 2021
End of SEPA Comment Period August 13, 2021
End of SEPA Appeal Period September 15, 2021
Public Hearing before the Planning Commission September 15, 2021
Public Hearing before the Planning Commission continuance October 6, 2021
Issuance of SEPA Addendum (Development Agreement) (Exhibit K)May 10, 2022
City Council Public Hearing- (Development Agreement) August 9, 2022
City Council 1st Reading TBD
City Council 2nd Reading TBD
IV.PUBLIC COMMENTS RECEIVED
Public Comments Received
The following is a summary of the comments received during the notice of application. Comment letters
are included as an attachment to this staff report (Exhibit L).
The corner of 1st Avenue South and 328th Street South is a busy corner. Adding residential units at
this location will increase traffic congestion.
Additional traffic at this location will exacerbate safety conditions as speeding through the
adjacent neighborhoods is already a concern.
There is interest in having the property in a secure park like state if not developed. The current
building is an eyesore and is frequently subject to trespassing and vandalism.
Concerns over more multi-family development coming into the city. Additional businesses would
be more useful to the people in the neighborhood.
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The moorish nationall reepublic federall governmente have stated that they have right to the use of
the structures on the property and underlying land.
Concerns over the income levels of future occupants.
Concerns regarding increased crime.
Concerns regarding the income level of the persons occupying the units.
Letter regarding alternate proposed use of the site for urban agriculture and weekend farms. Use of
building for indoor farming and neighborhood market.
Letter expressing support of the project and providing housing units with a balance of low, mid
and high-income.
V. PLANNING COMMISSION ACTION
FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive plan
amendments. Consistent with Process VI review, the role of the Planning Commission is as follows:
1. To review and evaluate the requests for comprehensive plan amendments;
2. To determine whether the proposed comprehensive plan amendments meet the
criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and
3. To forward a recommendation to the City Council regarding adoption of the
proposed comprehensive plan amendments.
PLANNING COMMISSION PUBLIC HEARING SUMMARY
The Planning Commission conducted Public Hearings on September 15, 2021, and October 6, 2021. the
Planning Commission received a staff presentation from the Community Development staff and
subsequent public comments regarding the proposal. Following public input and Commission discussion
and deliberations, the Planning Commission recommended “that the proposed Comprehensive Plan
amendment not be adopted until such time that the applicant and City enter into a development agreement
pursuant to FWRC 19.85 to cover homeownership opportunities and other items deemed appropriate by
the City Council.” The vote was unanimous.
VI. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 AND 19.75.130(3)(a):
1.FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment – The city may
consider, but is not limited to, the following factors when considering a proposed amendment to the
comprehensive plan.
(1) The effect upon the physical environment.
There should be no adverse impact on the physical environment related to development of this area,
regardless of zoning as the city has adopted codes in place to protect the environment.
Aquifer Recharge Areas (Groundwater)
The site is located within the 5- and 10-year wellhead capture zone. The locations of wellhead
capture zones in relationship to the aquifer systems are shown on Map IX-2 (Exhibit C & D). A
Hazardous Material Checklist is required for any development proposal on the subject property.
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Wetlands / Critical Fish and Wildlife Areas
The city’s Critical Area Map (Exhibit B) does not indicate wetlands on or within 500 feet of the
subject property. There are no critical fish and wildlife habitat areas mapped on the site.
(2) The effect on open space, streams, and lakes.
Open space will be required for residential development of the site either in the form of dedicated
onsite areas. There are no mapped lakes or streams on or within close proximity to the site (Exhibit
B).
(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
The existing comprehensive plan and zone classification of Office Park (OP) is isolated from other
Office Park zoning and designated properties. The current comprehensive plan and zoning
classifications on adjacent property is Multi-Family Residential. The surrounding uses are
primarily multi-family uses and attached dwelling units. The requested rezone would result in the
same zoning as the properties to the north and east and is compatible with the surrounding zoning
and land use patterns (Exhibit A).
(4) The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools.
All public utilities are available to the subject property.
There are a wide variety of recreational opportunities in the city (Exhibit G). These opportunities
include Dash Point State Park (a 398-acre state park on the west side of the city, operated and
maintained by Washington State Parks); Celebration Park (an 84-acre city-owned community park
located approximately in the middle of the city with ballfields and walking trails); Town Square
Park (a 4-acre city-owned community park located in the City Center); and recreation trails in the
Bonneville Power Administration right-of-way. As shown on Map VI-4, there are also a number of
other parks and open space areas scattered throughout the city.
City codes require provision of on-site open space when land is developed for residential uses. If
the parcel is developed with residential uses in the future, impacts on schools should be mitigated
by the payment of a school impact fee.
(5) The benefit to the neighborhood, city, and region.
At present, there is a lack of supply of housing opportunities; therefore, providing more
opportunities for housing will benefit the city and region. Multi-family development is consistent
with the adjacent properties and neighborhoods. The proposal is consistent with the Housing
Action Plan objective to promote new market-rate and affordable housing construction that
expands housing choices and is inclusive to community needs (Exhibit H). The project would
displace a long-vacant building previously identified for demolition (Exhibit N). The current
assessed value of the property and improvements is $2.3M. In comparison, the Cove Apartments
(33131 – 1st Ave S) current assessment is $32M. A majority of the property taxes collected
benefits the local school district.
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(6) The quantity and location of land planned for the proposed land use type and density and the
demand for such land.
Approval of this request could result in 145 residential units. Federal Way housing target is 11,260
new units before 2044 to accommodate forecast population growth and account for past
underproduction. This equates to an average production of 512 additional units each year, a
significant increase over recent housing production trends (Exhibit H, page 3). Based on the
Housing Action Plan data and the Housing Forecast Map (Exhibit I), there appears to be a need for
additional capacity for general residential and multi-family units within the city and region.
Housing Action Plan Strategy 3: Increase diversity in housing choice through expanding “missing
middle” development opportunities. Townhomes are explicitly identified as a missing middle
building typology. The townhome-style housing provides residents the feel of single-family living
by separating the living space on multiple floors, providing individual garages and small yards.
(7) The current and projected population density in the area.
If the proposed comprehensive plan amendment and rezone are approved, the density allowed for
residential development would be 1 unit per 1800 square feet of the gross lot acreage. Future density
under this code provision could yield up to 145 units on the property.
As identified in the Housing Action Plan the area in general can accommodate such development.
The majority of new housing units built in the last decade have been in large multifamily housing
developments of 100+ units. Most housing units in the city were built in the 1980s or earlier,
including more than half of units in multifamily buildings. Federal Way experienced a boom in
housing production in 2016 and 2017, with nearly 1,200 new housing units built across those two
years, as shown in Exhibit 33. Most of those new units were in larger multifamily buildings. Since
then, new construction has slowed, with just over 300 units built in 2018 and 2019 combined (Exhibit
H).
(8) The effect upon other aspects of the comprehensive plan.
Approval of the requested Multi-Family (RM1800) zoning will not affect other aspects of the
comprehensive plan. If approved, the new comprehensive plan designation and rezone will be
consistent will surrounding property and eliminate an isolated spot-zoned property.
2.FWRC 19.80.150, Criteria for Amending the Comprehensive Plan – The city may amend the
comprehensive plan only if it finds that:
(1)The proposed amendment bears a substantial relationship to public health, safety, or welfare;
Changing the designations from Office Park to Multi-Family High Density Residential (RM1800,
one unit per 1,800 square feet) does have a substantial relationship to public health or safety in that
higher density may result in more housing at less cost, which bears a substantial relationship to the
welfare of that segment of the population that may be struggling to find housing and/or more
diverse housing such as the possibility for townhome development or market rate apartments. The
Housing Action Plan has indicated that this area has the potential for redevelopment and
contribution of additional residential units to meet expected population growth goals.
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(2) The proposed amendment is in the best interest of the residents of the city.
Please see responses under Sections V (1) (5) and V (2) (1).
(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with
the portion of the city’s adopted plan not affected by the amendments.
The comprehensive plan amendment and rezone under consideration is consistent with the
following goals of RCW Chapter 36.70A.020(2) of the Growth Management Act (GMA):
“(i) Urban growth. Encourage development in urban areas where adequate public
facilities and services exist or can be provided in an efficient manner.
“(ii) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into
sprawling, low-density development.
“(iii) Housing. Encourage the availability of affordable housing to all economic segments
of the population of this state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stock.”
The proposal is also consistent with the following goals and policies of the comprehensive plan:
Housing Policy (HP) 2 Amend development regulations to accommodate a diverse range of
housing forms that are compatible with neighborhood character and create
an effective transition between the City Center, business areas, and
residential neighborhoods.
Housing Goal (HG) 2 Involve the community in the development of new housing to a degree
that is consistent with the scale of impact on the surrounding
neighborhoods.
HP 10 Encourage community input, where appropriate, into the development
permit process by providing thorough and timely information to the
public.
HG 4 Proactively plan for and respond to trends in housing demand.
HP16 Increase capacity and encourage greater diversity of housing types and
costs for both infill and new development through various methods, such
as inclusionary zoning, density bonuses, and transfer of development
rights, cluster housing, cottage housing, garden housing, duplexes, and
low to moderate density housing types.
Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment.
Land Use Policy (LUP) 8
Designate and zone land to provide for Federal Way’s share of regionally
adopted demand forecasts for residential, commercial, and industrial uses
for the next 20 years.
LUP 10 Support the continuation of a strong residential community.
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LUG 4 Provide a wide range of housing types and densities
commensurate with market demand, adopted housing targets, and
the community’s needs and preferences.
3. FWRC 19.75.130(3)(a) – The city may approve an application for a quasi-judicial nonproject
rezone only if it finds that:
(i) The proposed rezone is in the best interest of the residents of the city; and
The change in designation and zone would allow for the property to be reused as multifamily
residential or any of the listed uses in 19.205 FWRC. The property does not contain any know
critical areas and is served by urban infrastructure and services that can support the proposed
designation and uses. According to data provided by King County, since 2006, the city has added
housing units at 65% of its needed pace to meet its housing growth target. Changing this parcel to
multifamily would help the city to better meet its housing growth forecast.
(ii) The proposed rezone is appropriate because either:
(A) Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed
conditions, a rezone is within the public interest; or
(B) The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
Under (ii)(A), the vacant building was devalued by King County Assessor from a high of $2.8M
in 2000 to $1,000 in 2016. It is currently being assessed at this value. The building remains
vacant and aesthetically detracts from the aesthetic quality of this neighborhood as does the lack of
on-going maintenance of the property. This condition will worsen if the property continues in its
vacant condition. Under current conditions, the market has not delivered a replacement tenant for
this building for 5 years.
(iii) It is consistent with the comprehensive plan;
This parcel is a stand-alone Office Park parcel with Multifamily residential located immediately
north, east, and south. As discussed above, the proposal is consistent with the following goals and
policies of the comprehensive plan:
Housing Policy (HP) 2 Amend development regulations to accommodate a diverse range of
housing forms that are compatible with neighborhood character and create
an effective transition between the City Center, business areas, and
residential neighborhoods.
Housing Goal (HG) 2 Involve the community in the development of new housing to a degree
that is consistent with the scale of impact on the surrounding
neighborhoods.
HP 10 Encourage community input, where appropriate, into the development
permit process by providing thorough and timely information to the
public.
HG 4 Proactively plan for and respond to trends in housing demand.
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HP16 Increase capacity and encourage greater diversity of housing types and
costs for both infill and new development through various methods, such
as inclusionary zoning, density bonuses, and transfer of development
rights, cluster housing, cottage housing, garden housing, duplexes, and
low to moderate density housing types.
Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment.
Land Use Policy (LUP) 8
Designate and zone land to provide for Federal Way’s share of regionally
adopted demand forecasts for residential, commercial, and industrial uses
for the next 20 years.
LUP 10 Support the continuation of a strong residential community.
LUG 4 Provide a wide range of housing types and densities
commensurate with market demand, adopted housing targets, and
the community’s needs and preferences.
(iv) It is consistent with all applicable provisions of the title, including those adopted by reference
from the comprehensive plan; and
The requested rezone of Office Park to Multi Family is appropriate at this location and is
consistent with surrounding residential multi-family land uses and the accompanying underlying
zone classification and comprehensive plan designation.
(v) It is consistent with the public health, safety, and welfare.
The rezone would allow the property to return to a functional use through redevelopment. The
active use and redevelopment of the property would add to property values and neighborhood
stability and is in the general welfare of the public.
VII. CHAPTER 19.85 – DEVELOPMENT AGREEMENT
Pursuant to RCW 36.70B.170, the city may enter into a development agreement with a person having
ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment
and associated rezone. Per FWRC 19.85.040 a Development Agreement that will be reviewed using this
chapter may be initiated by city council or council committee, or requested by the planning commission,
city staff, or applicant. This proposed development agreement is the result of a Planning Commission
recommendation.
FWRC 19.85.120 Factors to be considered in review of a development agreement
The city may consider, but is not limited to, the following factors when considering a development
agreement:
(1) Compatibility with and impact on adjacent land uses and surrounding neighborhoods;
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The development agreement provides market rate, 3-story residential units that will be constructed as
townhomes. The resulting buildings would be compatible in massing and scale, and use as the
surrounding properties.
(2) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks,
recreation, and schools;
Community facilities are adequate to accommodate the future development of the property as
requested within the comprehensive plan amendment, rezone and accompanying development
agreement. Mitigation of impacts are assessed during the land use permit review. Transportation and
School Impact fees are collected at the time of construction permits.
(3) Potential benefits of the proposal to the community; and
The project would displace a long-vacant building. The current assessed value of the property and
improvements is $2.3M. To compare the Cove Apartments (33131 – 1st Ave S) current assessment is
$32M. The project is consistent with the Housing Action Plan and would add new housing units
helping to temper the City’s need for new housing choices. The development agreement is consistent
with addressing the following Housing Action Objective and Housing Action Plan Strategy:
Housing Action Plan Objective: Promote new market-rate and affordable housing construction
that expands housing choices and is inclusive to community needs.
Housing Action Plan Strategy 3: Increase diversity in housing choice through expanding
“missing middle” development opportunities. Townhomes are explicitly identified as a
missing middle building typology.
(4) Effect upon other aspects of the comprehensive plan.
The proposed development agreement will have no effect on other aspects of the comprehensive plan.
VIII. FINDINGS OF FACT AND CONCLUSIONS
1.First Avenue South Apartments, LLC, is the owner of a six-acre property located at the southeast
corner of 1st Ave S and S 328th ST, site address 32818 1st Avenue S, parcel number 172104-9038. The
site is commonly known as the Former Bally’s Site.
2. Consistent with FWRC 19.80.060 the property owner submitted a Master Land Use Process VI
application on September 28, 2020, requesting a Comprehensive Plan Amendment and rezone to
change the Bally’s site designation from Office Park (OP) to Multi-Family (RM1800).
3. Pursuant to FWRC 19.80.80, the Bally’s site proposal was included in the prioritization of docked
requests. The City Council held a public meeting on June 15, 2020 and selected the Bally’s site for
further consideration and for staff to research and evaluate further. Subsequently, the applicant
submitted a SEPA Environmental Review application and Environmental Checklist on July 21, 2021.
The application was deemed complete on July 26, 2021.
4. Pursuant to FWRC 19.80.090 a preapplication meeting was conducted with the city’s development
review committee.
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5. The applicant submitted all required fees required for Comprehensive Plan Amendment per FWRC
19.80.070.
6. Pursuant to FWRC 19.85.140, this staff report contains all pertinent application materials attached as
exhibits.
7. Stormwater - Surface water runoff control and water quality treatment is required. The subject
property is located within the Hylebos Creek Basin and within a conservation flow control area.
8. Traffic - The subject property fronts on and has existing driveway access from South 328tth Street and
1st Avenue South. Final access points will be reviewed through future site-specific development
applications. Development shall be subject to a traffic impact fees.
9.Critical Areas - The site is located within the 5- and 10-year wellhead capture zone. A Hazardous
Material Checklist is required for development proposals on the subject property No other critical
areas are mapped or known to be located on site.
10. Public Services and utilities are available and able to service the subject property. Lakehaven Water
and Sewer provides both water and sewer service in this area. Service is available adjacent to the
property along 1st Avenue South. Solid Waste is provided by Waste Management. Police services is
provided by the City of Federal Way Police Department. Fire and emergency medical services is
provided by South King Fire and Rescue. The site is within the Federal Way School District.
11. Pursuant to SEPA RCW, 43.21.C, the Director of Community Development issued a Determination of
Non-significance (DNS) on July 30, 2022. Affected agencies, tribes and the public were offered the
opportunity to comment and/or appeal the determination. No appeals of the SEPA Determination were
submitted by the appeal deadline of September 3, 2021. The city issued an amended SEPA
Determination to include incorporation of a Development Agreement on May 10, 2022. Per WAC
197-11-625 there is no comment period for the addendum.
12. All comments regarding the matter received by the department of community development prior to
distribution of the staff report are provided.
13. The factual summary and analysis contained in sections II-VII of this staff report are hereby
incorporated as findings of fact and conclusions by this reference.
14.The proposal has met all Noticing requirements as required by FWRC 19.75.060, 19.809.170, and
19.85.130.
15.The proposal has met the requirements for compliance with the State Environmental Policy Act
(SEPA), as identified in FWRC 19.80.040 and 19.85.090.
16.The proposal is consistent with the Hearing requirements identified in FWRC 19.75.080, 19.80.190.
and 19.85.150.
17.The proposal meets the decisional criteria for Process V Quasi-Judicial Rezones as identified in
FWRC 19.75.130(a).
18.The proposal has met the prioritized docketing procedures as identified in FWRC 19.80.080.
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19.The proposal meets the factors to be considered in a comprehensive plan amendment as identified in
FWRC 19.80.130.
20.The proposal meets the criteria listed in FWRC 19.80.150 for amending the comprehensive plan.
21.Pursuant to FWRC 19.80.200, all pertinent materials have been duly considered.
22.The proposal is consistent with recommendation procedures identified in FWRC 19.80.240.
23.The development agreement was recommended by the Planning Commission, consistent with FWRC
19.85.040.
24. The proposed development agreement is consistent with FWRC 19.85.120 Factors to be considered in
the review of a development agreement.
IX. STAFF RECOMMENDATION
Based on the above analysis, findings and conclusions, the Department of Community Development
Services recommends approval of the proposed Comprehensive Plan Amendment, Rezone and
Development Agreement.
X. MAYOR’S RECOMMENDATION
After consideration of the staff analysis and options available for action (approval, approval with
modification, or denial), the Mayor recommends that the proposed Comprehensive Plan Amendment and
Development Agreement be approved.
XI.CITY COUNCIL ACTION
Consistent with the provisions of FWRC 19.85.150 the City Council may take the following actions
regarding the proposed comprehensive plan amendment and rezone request:
1.Grant the application as proposed by adopting an ordinance, which approves the change in
comprehensive plan designation and zoning based on the approved development agreement.
2. Modify and grant the application by adopting an ordinance, which approves the change in
comprehensive plan designation and zoning based on the approved development agreement.
3.Deny the application. The city council shall give effect to a denial by adopting a resolution.
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LIST OF EXHIBITS
Exhibit A Proposed Comprehensive Plan and Rezone Maps
Exhibit B Critical Areas Map
Exhibit C Map IX-1 Aquifers
Exhibit D IX-2 Aquifers and Wellhead Capture Zones
Exhibit E Map IX-3 Areas Susceptible to Groundwater Contamination
Exhibit F SEPA DNS and SEPA Checklist
Exhibit G Map VI-4 Major Parks and Open Spaces
Exhibit H Housing Action Plan
Exhibit I Housing Forecast Map
Exhibit J Bally's Development Agreement
Exhibit K Addendum to Determination of Non Significance
Exhibit L Public Comment
Exhibit M Assessor Map
Exhibit N DNS 16-103682-SE
Exhibit O Lakehaven Water and Sewer District Map