Ballys Fitness Center Staff Report
PLANNING COMMISSION
STAFF REPORT
September 8, 2021
TO: Planning Commission
FROM: Brian Davis, Community Development Director
Keith Niven, AICP, CEcD, Planning Manager
Natalie Kamieniecki, Associate Planner
SUBJECT: 2021 Comprehensive Plan Amendments
Bally’s Fitness Center Site Specific Request
MEETING DATE: September 15, 2021
I. BACKGROUND
Pursuant to RCW 36.70A.130 (4), the City of Federal Way must update its comprehensive plan
every eight years. The deadline for the next major update is June 2024. However, per Federal
Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen-initiated requests on
an annual basis. As part of the annual review, the city may also make changes to chapters and
maps of the comprehensive plan.
Federal Way adopted its comprehensive plan in 1995 and updated it in December 1998,
December 2000, November 2001, March 2003, July 2004, June 2005, July 2007, June 2009,
October 2010, January 2011, January 2013, and June 2015. The Growth Management Act (GMA,
RCW 36.70A.130 [2] [a]) limits plan updates to no more than once per year, except under the
following circumstances:
1. The initial adoption of a subarea plan that clarifies, supplements, or implements
jurisdiction-wide comprehensive plan policies;
2. The development of an initial subarea plan for economic development located
outside of the one hundred year floodplain in a county that has completed a state-
funded pilot project that is based on watershed characterization and local habitat
assessment;
3. The adoption or amendment of a shoreline master program;
4. The amendment of the capital facilities element of a comprehensive plan that
occurs concurrently with the adoption or amendment of a county or city budget; or
5. The adoption of comprehensive plan amendments necessary to enact a planned
action.
Except as otherwise provided above, the governing body shall consider all proposals concurrently,
so the cumulative effect of the various proposals can be ascertained. However, after appropriate
public participation, a county or city may adopt amendments or revisions to its comprehensive plan
that conform to this chapter whenever an emergency exists, or to resolve an appeal of a
comprehensive plan filed with a growth management hearings board or with the court.
II. REASON FOR 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.
III. PROCEDURAL SUMMARY
Selection Process (Prioritizing Docketed Proposals)
6/07/21 Land Use Transportation Committee (LUTC) Meeting
6/15/21 City Council Public Hearing
Comprehensive Plan Amendment Process
7/30/21 Issuance of Determination of Nonsignificance pursuant to the State Environmental
Policy Act (SEPA)
08/13/21 End of SEPA Comment Period
09/03/21 End of SEPA Appeal Period
09/15/21 Public Hearing before the Planning Commission
10/06/21 Public Hearing continuance (if necessary)
11/01/21 LUTC Meeting
11/16/21 City Council 1st Reading
12/07/21 City Council 2nd Reading
IV. 2021 COMPREHENSIVE PLAN AMENDMENTS
This annual update includes one citizen-initiated request for amendments to comprehensive plan
designations and zoning (Exhibit A). The site-specific request is described in Section V of this
staff report.
V. CITIZEN-INITIATED SITE-SPECIFIC REQUESTS
1. Site-Specific Request #1 – Bally’s Fitness Center
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, 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.
Summary
File Number: 20-103733- UP VI
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)
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
Parcel No.
Address Size
in
Acres
Existing
Land Use
172104-9038 32818
1st
Avenue
S
6.00
acres
Vacant,
unoccupied
building
Zoning Land Use
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.
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 land use
actions, future development of the property will require Lakehaven
Certificates of Availability, Developer Extension Agreement(s), and water
service connections
Solid Waste: Solid waste is provided by Waste Management.
Availability of Public Services
Police: Police services is 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 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 2016 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 the following website:
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 will be reviewed through future site-specific development
applications.
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 affect traffic. 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.
Public Comments Received
The following is a summary of the comments received during the notice of application and
Comment letters are included as an attachment to this staff report (Exhibit I).
• The corner of 1st Ave S and 328th ST S is a busy corner. Adding residential units at
this location would increase traffic congestion.
• Additional traffic at this location would exacerbate safety conditions as speeding
through the adjacent neighborhoods is already a concern.
• 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.
• 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.
V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150
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)
Federal Way is dependent on groundwater as a source of drinking water. Water from
rainfall, snowmelt, lakes, streams, and wetlands seeps into the ground and collects in
porous areas of rock, sand, and gravel called aquifers. Aquifers hold varying amounts of
groundwater that can be extracted or pumped for use. Groundwater pumped from
Lakehaven Water and Sewer District wells originates from three aquifer systems that
underlie the city: the Redondo-Milton Channel Aquifer, the Intermediate Aquifer System
(Mirror Lake and Eastern Upland Aquifers), and the Deep Aquifer (Exhibit C) The
locations of wellhead capture zones in relationship to the aquifer systems are shown on
Map IX-2 (Exhibit D). The site is located within the 5 and 10 year wellhead capture zone.
A Hazardous Material Checklist is required for any development proposal on the subject
property.
Map IX-3 (Exhibit E) shows Areas Susceptible to Groundwater Contamination associated
with development. This map shows that the majority of the city, including this area, has a
medium susceptibility to groundwater contamination.
Wetlands
The city’s Critical Area Map (Exhibit B) does not indicate wetlands on or within 500 feet
of the subject property.
(2) The effect on open space, streams, and lakes.
Open space would be required for residential development of the site either in the form of
dedicated onsite areas or fee in lieu program, or a combination of the two. 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. The site has not been redeveloped since the issuance of
Determination of Non-Significance (DNS) for demolition of the existing structure
(Exhibit F). The immediate comprehensive plan and zoning classifications or adjacent
property is Multi-family residential. The surrounding uses are primarily multi-family uses
and attached dwelling units with single family uses and neighborhoods. The requested
zone 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 at 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 four 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; however, there are no existing recreational facilities east of
I-5 in this immediate vicinity, except for the Enchanted Park/Wild Waves Amusement
Park, located to the northeast.
City codes require provision of on-site open space, or a fee-in-lieu of open space, when
land is subdivided or 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. The 2021 school impact fee is $7,221 per single family detached
dwelling unit developments. The school impact fee is a range between $6,301 – and
$16,803 for each multi-family unit depending on the if the development contains mixed-
use and per bedroom count.
(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 would benefit the city and region.
(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 needs to add
about 6,800 new units before 2040 to accommodate population growth and account for
past underproduction. This equates to an average production of 339 additional units each
year, a 68% 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.
(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 is estimated to be approximately 145 units on site. The number of
units may decrease depending on development regulations for access and stormwater
infrastructure, and zoning restrictions due to height, parking, landscaping and open space
requirements. 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 affordable 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 having the potential for redevelopment and contribution
of additional residential units to meet expected population growth goals.
(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 policies of the comprehensive plan:
“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.
“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.
VI. MAYOR’S RECOMMENDATION
A. Site-Specific Request - Request by First Avenue South Apartments LLC for a comprehensive
plan amendment and rezone of parcel 172104-9038 (6 acres total), located south of South 328th
Street and east of 1st Avenue South, from Office Park (OP) to Multi-Family Residential
(RM1800, 1 dwelling unit per 1800 square feet)
Mayor’s Recommendation - The Mayor recommends that the request be approved.
PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding each proposed comprehensive plan amendment and rezone request:
1 Recommend to City Council adoption of the proposed comprehensive plan
amendment as proposed;
2. Recommend to City Council that the proposed comprehensive plan amendment not
be adopted;
3. Forward the proposed comprehensive plan amendment to City Council without a
recommendation; or
4. Modify the proposed comprehensive plan amendment and recommend to City
Council adoption of the amendment, as modified.
List of Exhibits:
Exhibit A Proposed Comprehensive Plan and Rezone Map 5-4-2021
Exhibit B DNS 16-103682-SE
Exhibit C Map VI-4 Major Parks and Open Spaces
Exhibit D Housing Forecast Map
Exhibit E Public Comments
Exhibit A Proposed Comprehensive Plan and Rezone Map (1 of 2) 5-4-2021
Exhibit A Proposed Comprehensive Plan and Rezone Map (2 of 2) 5-4-2021
Exhibit B DNS 16-103682-SE
Exhibit C Map VI-4 Major Parks and Open Spaces
Exhibit D Housing Forecast Map
Exhibit E Public Comments