City of Ferndale PLANNING COMMISSION STAFF REPORT

City of Ferndale PLANNING COMMISSION STAFF REPORT MEETING DATE: _October 12, 2016 AGENDA BILL # (workshop) SUBJECT: Grandview Road Rezone: Introduction DATE: October 12, 2016 FROM: Jori Burnett PRESENTATION BY: Jori Burnett Exhibit 1: Application Materials Exhibit 2: Area Maps Exhibit 3: PUD 1 Interlocal Agreement Exhibit 4: Regional Retail Zone, General Business Zone (text) RECOMMENDATIONS: No action is required. Staff wishes to introduce a rezone proposal submitted by the owner of property at the northwest intersection of Grandview Road and Interstate Five, east of Portal Way. The applicant proposes rezoning the property (approximately 26.6 acres) from Regional Retail to General Business. No comprehensive plan map amendment would be required. The applicant believes that the General Business zoning designation would represent a better fit for the property and would match the existing surrounding land uses. The applicant has suggested that development of the subject property with those land uses allowed in the General Business zone would not impact (and may benefit) the remaining land in the area zoned for Regional Retail. 1 BACKGROUND: The applicant (Ali Taysi, representing property owner Gregory Eiford Eiford-Eiford Development LLC), proposes rezoning undeveloped property at 2240 Grandview Road from Regional Retail to General Business zoning. The application materials (Exhibit 2) provide the applicant s justification for the request. The purpose of this staff report is to introduce the subject to the Planning Commission in order to determine what, if any additional information may be required before a public hearing is scheduled, as soon as November 2016. The subject property was annexed into the City as part of the Grandview Road Annexation originally proposed in 2009 and completed in late 2010. At the time of annexation, this property, as well as the remaining ~130 acres that were part of the original annexation were considered to be excellent candidates for a 1 Based on further correspondence with the applicant, it appears likely that other properties in the area may wish to pursue a similar rezone action. 1 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

regional commercial development promoted by the primary advocate for the annexation, Ron Bennett. The original annexation application documents requested a General Commercial zoning designation, but the request was changed to Regional Retail as the applicant (and the City) felt that zone better-fit the range and scale of uses the property owners wished to construct on the properties. The subject property has been listed for sale since the annexation and according to the current application documents, no measurable interest has been shown for the land under the current designation. The applicant believes that there are more opportunities for development and sale under the General Business zone than the Regional Retail zoning. From a Citywide perspective, Staff, the Planning Commission and the City Council adopted policies (zones) from 2009-2010 that sought to establish large retail/commercial developments at Slater Road (Exit 260) and Grandview Road (Exit 266). The goal was to preserve Main Street (Exit 262) as an area allowing a mix of uses at a smaller scale, generally catering to the local market. In the intervening years, development interest at Main Street appeared to run slightly against the City s long-term assumptions, and in 2011 the City initiated the Main Street Planned Action process. This Planned Action process recognized that absent a prohibition on large retail development in the Mixed Use zone, there was a distinct possibility that large-scale development would still occur in that area along Main Street. Meanwhile the Lummi Nation purchased the entirety of properties zoned for Regional Retail development south of Slater Road. Soon after the properties were converted to trust land, the Lummi Nation identified plans for a large commercial development (Salish Village). DISCUSSION: Staff believes that there are at least three fundamental issues in play relative to the current rezone proposal: - Utilities: PUD 1 water is available in the area, but City water and sewer services are nearly a mile away (at Trigg Road east of Interstate Five and at Malloy Village). The Regional Retail zone, which set a minimum threshold of 100,000 square feet for development, was established in part to ensure that a proposed development would have the financial capability to pay for all or a portion of the costs to extend services to this area. Ingrained within this expectation was the belief that Grandview would likely be developed after Slater Road that the need to extend services, at least the extension of services by the City, was relatively far in the future. This may not have been the expectation of the property owners, but as the City had not (and still has not) added the utility extension to its 6-Year Plans, it would be inaccurate to say that this property will be serviced in the near future, regardless of the zoning and independent of the applicant paying a substantial percentage of the extension costs. 2 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

The City does not believe that it is consistent with the City s development regulations or the Growth Management Act to permanently allow urban levels of development without urban infrastructure (in this case water and sewer) but this discussion is likely associated with future development applications as much if not more than it is associated with the current rezone proposal. 2 - Regional Retail: In September 2016, City staff and the Planning Commission reviewed a number of zoning designations that were to be repealed, and noted that in some cases zoning designations simply do not work as intended. Staff suggested that the Regional Retail zone has not yet been successful which could mean that there is a fatal flaw, or simply that the market has not yet matured to support large retail in Ferndale. Since the City has not yet received applications for development in the Regional Retail zone, it is difficult to determine whether this is due to market factors, the zoning designation, cost to acquire the property, location, etc. The City has very little control over a majority of these factors, but it does control the zoning and the text of the zone. The applicant has suggested that the mix of uses allowed in the Regional Retail zone (a fairly wideranging mix of service, retail, office and entertainment) may not be appropriate which would indicate that a rezone could be logical. The other signature requirement of the Regional Retail zone is the minimum development threshold. Should the applicant be motivated to change the zoning in order to avoid such a threshold, Staff would argue that a changed mix of uses should not reduce the requirement for connection to City services. Still, a series of fundamental questions remain is the City s long-range expectation for this area still large-scale retail? Does the Regional Retail zone include fatal flaws that prevent that type of development? Has the retail market softened to the extent that the regional retail model is no longer realistic, now or in the future? - Timeframe for Development: As with most rezone or zoning actions, there is no crystal ball for the timeframe of development. But this rezone request is somewhat unusual due to the fact that utilities are so far away. It is difficult to determine whether a rezone would create conditions through which the utilities could be extended more quickly. - OVERALL ANALYSIS: Staff seeks additional direction from the Planning Commission with respect to information that may assist commissioners in arriving at a recommendation. Should Staff focus its analysis on a 2 It should be noted that the City has established an interlocal agreement with PUD 1 to guide the gradual transfer of utility authority in this area. The interlocal agreement specifically refers to retail development a reference that would require modification should the rezone ultimately be approved. 3 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

particular element of the proposal? Is there information that has not yet been provided, either by Staff or the applicant? No decision can be made at the October Planning Commission meeting. Depending on the range and extent of additional information requested by the Planning Commission, a public hearing could be scheduled for as soon as November. 4 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

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EXHIBIT 2 16001-REZ: 2240 Grandview Road Parcel #: 390206340063 Comprehensive Plan Designation October, 2016. Legend 2240 Grandview Road City Limits Commercial Industrial Low Density Residential Medium Density Residential High Density Residential Residential-Unspecified Public Floodway Commercial-Reserve 0 0.5 1 2 Miles Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

16001-REZ: 2240 Grandview Road Parcel #: 390206340063 Aerial October, 2016. Legend 2240 Grandview Road City Limits Tax Parcels 0 0.5 1 2 Miles Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

16001-REZ: 2240 Grandview Road Parcel #: 390206340063 Existing Zoning October, 2016. Legend 2240 Grandview Road City Limits City Center Gateway Development District Highway Commercial Mixed Use Commercial District General Business Regional Retail Manufacturing Light Industrial RS 6-Single Family Dwelling RS 8-Single Family Dwelling RS 10-Single Family Dwelling Urban Residential RM 1.5-Multiple Dwelling Residential Office Public/Institutional Floodway 0 0.5 1 2 Miles Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNDALE AND PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM COUNTY RELATED TO THE CITY S 2010 GRANDVIEW ANNEXATION FINAL This Interlocal Agreement ( Interlocal ) dated August 10, 2010 is between the City of Ferndale ( City ), and the Public Utility District No 1of Whatcom County ( PUD ) is made by and between the parties pursuant to the Interlocal Cooperation Act, RCW 39.34 and is based upon the following: Whereas, the PUD owns and operates a potable and non-potable water system with water for those systems supplied by PUD owned and operated wells ( Grandview Water System ) in an area north of the current City limits; and Whereas, this system provides water services to the Northgate, Grandview, and Interstate 5 Industrial Zones as well as additional properties along I-5, Portal Way, and Grandview Road ( Grandview Service Area - see Exhibit A); and Whereas, the PUD holds water rights for the groundwater wells that serve the Grandview Water System; and Whereas, these water rights have been determined by the PUD to be sufficient to serve those properties included in the Grandview Service Area; and Whereas, certain Grandview Water System improvements were completed by the PUD through the formation of a Local Utility District ( LUD ) in 2004, for which outstanding debt remains; and Whereas, the overall service area of the PUD Grandview Water System includes properties currently being served by the PUD as a result of the LUD as well as properties not currently being served but within the Grandview Service Area; and Whereas, the PUD Grandview Service Area is on both the east and west side of Portal Way; and Whereas, the overall service area of the Grandview Water System is greater than the current Ferndale Urban Growth Area ( UGA ) in this portion of the City; and Whereas, the City is currently considering an annexation of some but not all of the UGA in this area ( 2010 Grandview Annexation ) and; Whereas, the 2010 Grandview Annexation will bring certain properties into the City, all of which are located on the east side of Portal Way; and Whereas, the 2010 Grandview Annexation will bring certain active service areas of the PUD s Grandview Water System into the city limits; and 1 13 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

Whereas, both Parties are interested in establishing an understanding as to the current and future ownership, operation, and expansion of the Grandview Water System following completion of the 2010 Grandview Annexation; and Whereas, the City s 2010 Grandview Annexation of a portion of the PUD Grandview Service Area necessitates that the parties establish through an Interlocal certain understandings, commitments, undertakings, and obligations to facilitate and to enable the 2010 Grandview Annexation to occur without challenge from the PUD, to establish cooperative relations that may allow the City to acquire all or a portion of the Grandview Water System, and to establish a binding agreement to ensure the protection of the Grandview Water System, the Grandview LUD, and to establish mechanisms that facilitate connection to the City s Water and Wastewater systems. NOW THEREFORE, THE FOLLOWING IS HEREBY AGREED AND THE PARTIES AGREE TO BE BOUND AS FOLLOWS: Section 1. Intention of the Parties It is the intention of the Parties to set out a framework whereby the City could assume ownership and operation of all or some of the Grandview Water System. It is also the intention of the Parties to outline operational control responsibilities between the PUD and the City following the 2010 Grandview Annexation but prior to the assumption of ownership by the City of any portion of the Grandview Water System including but not limited to the provision of new and/or additional water service to customers within the Grandview Water System Service Area, and limitations thereto. Section 2. Capital and Operational Review The City is currently undertaking a study of the Grandview Water System infrastructure together with a review of the Grandview Water System operations and financial management. It is anticipated that this study and review will be completed by June 30, 2011. The purpose of this study is to identify the current and future infrastructure needs of the Grandview Water System so the City can determine if the system is viable and in the best interest of the City to acquire, in whole or in part, as well as a review of the operational issues that would become salient following acquisition of the system by the City. The Study will also address the technical issues that would allow the City to acquire some but not all of the Grandview Water System. This review shall determine the technical aspects of the City initially acquiring the portion of the Grandview Water System located on the east side of Portal Way following the extension of City water lines into the 2010 Grandview Annexation area together with the ability for the PUD to continue providing water service to the remainder of their Service Area located on the west side of Portal Way from their existing wells. The PUD agrees to cooperate with the City in the completion of the study and will supply all publically available information to aid in the completion of this review. The cost of this review shall be solely the City s responsibility. Section 3. Assumption of Grandview Water System Ownership and Operation Following the completion of the studies outlined in Section 2 of this Interlocal and following a determination by the City that it is viable and in the best interests of the City to acquire all or a portion of the Grandview Water 2 14 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

System, the City will enter into negotiations with the PUD leading to the possible transfer of ownership and operation of the Grandview Water System as well as eventual transfer of water rights to the City. Assuming that the results of the reviews detailed in Section 2 do not identify current deficiencies unacceptable to the City, the transfer of ownership of the eastern portion of the Grandview Water System could occur when a new 100,000 square foot or greater retail customer applies for and is granted a building permit from the City and it is determined by the City that the extension of City water lines into the annexed area can be accomplished and then only pursuant to a City and PUD mutually acceptable agreement for the City s acquisition of all or a portion of the Grandview Water System. Under this scenario, the City may take over operation of the Grandview Water System Service Area on the eastern side of Portal Way with the supply of water being a developer-paid extension of City water lines into the annexed area. The current PUD water line(s) supplying the eastern portion of the Service Area (from PUD wells located on the western side of Portal Way) would be valved shut or otherwise disconnected, allowing the PUD to supply the Service Area on the western side of Portal Way independently. It is the intention of the Parties that, in the event that the City does acquire the eastern portion of the Grandview Water System, the PUD will no longer have any operational responsibilities related to the eastern portion Grandview Water System following the transfer to the City as contemplated above. It is the intention of the parties to ensure the ability of the other Party to adequately supply water to the portions of the original Service Area for which either the City or the PUD retain. This may take the form of a transfer of easements, right-ofway or other provisions, possibly including the development of new facilities to replace needed functions for the remaining portion of the PUD Grandview Water System and/or to ensure either ownership or operational control over the water system infrastructure within the bifurcated Service Areas. The parties shall contemporaneously with any such action amend their water system plans and their retail service areas to reflect their respective revised service areas. While this Interlocal addresses the issues related to the 2010 Grandview Annexation of properties on the eastern side of Portal Way, should the City move to annex the properties within their UGA on the western side of Portal Way, the Parties do hereby pledge to develop a follow-on Interlocal Agreement leading to the acquisition of the entire Grandview Water System by the City as well as the transfer of the PUD water rights to the City. Should the review contemplated in Section 2 reflect significant current deficiencies in the Grandview Water System, the City and the PUD do hereby pledge to discuss the deficiencies and to develop a strategy to cure such deficiencies that do not result in an undue financial burden on either party. Should the City and the PUD be unable to craft an acceptable strategy for curing identified deficiencies, the City reserves the right to not acquire the Grandview Water System. Additionally, nothing in this Interlocal obligates the PUD to transfer all or a portion of the Grandview Water System to the City. Section 4. Retention of the LUD Administration The PUD will continue to manage the LUD, the collection of payments and the payment of debt service for all properties included in the 2004 LUD. Following the acquisition of the Grandview Water System by the City, the PUD will continue to fully administer the 2004 LUD until the outstanding debt is fully retired. Section 5. PUD Provision of Water Service Following the 2010 Grandview Annexation Following the completion of the 2010 Grandview Annexation but prior to the possible assumption of the eastern portion of the water system outlined in Section 3 by the City, the PUD will remain the designated water service provider in their Service Area. The City shall not extend any water service to any properties within the 3 15 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

Grandview Service Area, unless approved by the PUD. The City and the PUD will work cooperatively to design, permit, and approve any new connections, expansions or improvements to the Grandview Water System as well as any improvements or expansions to the system by existing customers with the understanding that such improvements shall be to current City standards and paid for by the customer(s) requesting or needing such improvements. Prior to the issuance of any building permit within the annexed area, the City shall first contact the PUD to ascertain whether there is adequate PUD-supplied potable and non-potable service (which includes without limitation water supply, water pressure and duration of the supply and pressure) for the proposed use. If the PUD determines that there is inadequate water service for the proposed use or structure, the City shall not issue a building permit or zoning approval of any kind, provided however, that in the event that the PUD determines that there is inadequate water supply, the City may, in its discretion, extend water service to the proposed development. Section 6. Annexation and the Boundary Review Board (BRB) The purpose and intent of this Interlocal is to address issues relating to the continued supply of water in the PUD Grandview Service Area following the 2010 Grandview Annexation and the circumstances under which the City could potentially acquire and operate some or all of the Grandview Water System. It is agreed between the parties that this Interlocal does address these concerns and therefore the PUD will not invoke BRB jurisdiction for the 2010 Grandview Annexation. Section 7. Wastewater Once the 2010 Grandview Annexation is complete, the City will be the permitting agency for all development within the annexed area and may require the connection to the City wastewater system as a precursor for any development and/or expansion of existing uses in this area. It is agreed that the PUD will not provide any new water service in the annexed area without City approval, provided however that the foregoing does not prevent the PUD from expanding its water service to an existing customer within the annexed area provided that the City determines that existing on-site wastewater treatment facilities are able to adequately operate given the potential expansion of use. Section 8. Recording This Interlocal is intended to be recorded with the Whatcom County Auditor. Section 9. Integration, Modification, Waiver This Interlocal constitutes the complete and final expression of the agreement of the parties relating to the premises, and supersedes all previous contracts, agreements, and understandings of the parties, either oral or written, relating to the premises. This Interlocal cannot be modified, or any of the terms hereof waived, except by an instrument in writing executed by the City and the PUD. Section 10. Governing Law, Jurisdiction and Venue This Interlocal shall be governed by the laws of the State of Washington as to all matters, including but not limited to matters of validity, construction, effect, and performance and any action thereon shall be brought in Whatcom County Superior Court. 4 16 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

Section 11. Neutral Authorship Each provision of this Interlocal has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Interlocal in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any provisions of this Agreement. Section 12. Notice All notices and demands shall be in writing and sent to the addresses as follows: TO CITY: TO PUD: Greg Young, City Administrator City of Ferndale PO Box 936 Ferndale WA 98248 Stephan Jilk, General Manager Public Utility District No. 1 of Whatcom County 1705 Trigg Road Ferndale WA 98248 Section 13. Severability If a court of competent jurisdiction holds that any part, term, or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. Section 14. No Third Party Beneficiaries This Interlocal is entered into solely for the benefit of the parties hereto. This Agreement shall confer no benefits, direct or indirect, on any third persons or parties. No person or entity other than the parties of this Agreement themselves may rely upon or enforce any provisions of this Agreement. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS Interlocal Agreement the date and year first written above. City of Ferndale By: Gary Jensen, Mayor Whatcom County PUD No. 1 By: Stephan Jilk, General Manager 5 17 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

Chapter 18.49 GENERAL BUSINESS ZONE (C5/GBZ) Sections: 18.49.010 Purpose. 18.49.020 Land use objectives. 18.49.025 Permitted uses. 18.49.030 Conditional uses. 18.49.035 Accessory uses. 18.49.040 Minimum lot size. 18.49.050 Minimum lot width. 18.49.060 Maximum building height. 18.49.070 Setbacks and lot coverage. 18.49.080 Parking. 18.49.090 Accessory building and use regulations. 18.49.100 Sign regulations. 18.49.110 Development proposals. 18.49.120 Site design. 18.49.010 Purpose. The general business zone is a zone classification providing a use district for commercial establishments which require a retail contact with the public together with professional offices, incidental shop work, storage and warehousing, or light manufacturing and extensive outdoor storage and display, as well as retail uses with similar requirements. The zone is not intended to include those uses whose primary purpose is residential or heavy industrial in nature. This zone may be applied to some portions of the City that are designated either commercial or industrial under the City of Ferndale Comprehensive Plan. In some cases, specific use types are restricted to certain road designations in order to preserve the consistency of uses within the zone. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.020 Land use objectives. All proposed developments within the general business zone must demonstrate the manner in which the proposal achieves the following objectives: A. Establish attractive, visually interesting facades when adjacent to or visible from primary public roadways, without diminishing the function of the use for which the structure is intended. For the purposes of this section, attractive, visually interesting facades shall reflect the guideline contained within 18 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

FMC 18.58.070(A)(1) (building design guideline for facades and exterior walls), as modified by this section: Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of buildings that are adjacent to or visible from primary public roadways, including Interstate Five, and provide visual interest that will be consistent with the community s identity, character, and scale. Facades, exterior walls and entryways shall provide consistent architectural treatment. B. Be authorized to establish limited food operations intended to serve workers or visitors in the area. C. Be required to identify and conform to specific routes for heavy truck traffic, if such traffic should exist. D. Obscure, to the greatest extent practical, fleet vehicle parking, machinery, equipment, storage facilities, warehouses, and machine or service shops behind principal structures or landscaping, and/or design such uses to be visually appealing. E. Establish public or private connecting roads between parcels where practicable, in order to increase the efficiency of primary roadways in the area. F. Propose architectural designs and color palettes that will serve to break up or reduce the appearance of large structures, or will reduce the visual impact of multiple structures of similar size, style, and design. G. Consolidate, to the greatest extent possible, the number of access points from the primary roadways in the area. H. Create shared parking and loading areas within and between developments. I. Minimize the use and appearance of large, freestanding signage, as well as establish a comprehensive sign plan when more than two uses are proposed. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.025 Permitted uses. A. Automotive repair major. B. Automotive repair minor. C. Automotive repair specialty shop. D. Automotive sales. 19 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

E. Automotive service station. F. Auto part sales. G. Bicycle or motorcycle rental or sales. H. Bottling plants. I. Equipment rentals. J. Farm equipment and supplies sales. K. Heavy equipment sales and repair. L. Manufactured home sale lot. M. Marine equipment rentals. N. Marine gas sales. O. Marine repair. P. Truck rentals. Q. Vehicle leasing/renting. R. Vehicle sales. S. Warehousing, wholesale use. T. Animal shelter. U. Automatic teller machines. V. Commercial kennel. W. Contractor s offices. X. Funeral establishments. Y. Laundry/dry cleaning, commercial. Z. Mini-warehouse/storage. 20 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

AA. Mailing service. BB. Moving and storage company. CC. Telemarketing services. DD. Cafeterias. EE. Delicatessen. FF. Micro brewery. GG. Restaurants/drive-through. HH. Restaurants/lounge. II. Restaurants/take-out. JJ. Laboratory research and development. KK. Light manufacturing uses. LL. Wholesale facilities and operations. MM. Financial institutions. NN. Newspaper offices and printing works. OO. Office consulting services. PP. Office corporate. QQ. Office general. RR. Office research and development. SS. Radio and television studios. TT. Commercial schools. UU. Trade schools. VV. General park M and O activities. 21 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

WW. Public agency facilities. XX. Schools, institutions of higher education, including technical schools. YY. Trail head facilities. ZZ. Trails for equestrian, pedestrian, or nonmotorized vehicle use. AAA. Batting cages, racquetball and tennis courts, driving ranges, miniature golf, shooting range. BBB. Commercial recreation, indoor. CCC. Commercial recreation, outdoor. DDD. Building, hardware, garden supply stores. EEE. Commercial card lock fueling stations. FFF. Farm equipment sales and service. GGG. Landscaping material sales. HHH. Lumberyards. III. Nursery, plant. JJJ. Retail hay, grain and feed stores. KKK. Bus station. LLL. Publicly owned community signs and public art. MMM. Retail, with an industrial or manufacturing component. NNN. Food processing. OOO. Uses similar to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1889 1, 2015; Ord. 1796 1, 2013; Ord. 1603, 2010) 18.49.030 Conditional uses. A. Boat building. 22 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

B. Car wash automatic or self-service. C. Gas/fuel station. D. Towing, vehicle impound lots. E. Truck stop diesel fuel sales. F. Truck terminal/truck stop. G. Crematoriums. H. Hospital/clinic large animal. I. Hospital/clinic small animal. J. Substance abuse treatment facility. K. Warehousing and distribution facilities. L. Medical, dental and other clinics. M. Churches. N. Cultural institutions. O. Hospitals. P. Public campgrounds. Q. Indoor cinema. R. Recreational vehicle campgrounds. S. Recreational vehicle parks. T. Theater (indoor). U. Furniture, home furnishings, and appliance stores. V. Auction house. W. Convention center including banquet facilities and/or meeting halls. 23 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

X. Micro and macro antennas. Y. Monopole. Z. Transportation center. AA. Park and ride. BB. Commercial parking lots. CC. Uses similar to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1889 1, 2015; Ord. 1796 1, 2013; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.035 Accessory uses. A. Restaurants/sit-down. B. Dwelling units for watchman or custodian. C. Outdoor sales. D. Convenience store without fueling facilities. E. Convenience store with fueling facilities. F. Outdoor storage. G. Storage in an enclosed building. H. Retail. (Ord. 1889 1, 2015; Ord. 1796 1, 2013; Ord. 1603, 2010) 18.49.040 Minimum lot size. Minimum lot size is as follows: none. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.050 Minimum lot width. Minimum lot width is as follows: none. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.060 Maximum building height. Maximum building height is as follows: 45 feet; provided, that structures which front on the primary roadway shall be as tall or taller than structures behind them. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 24 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

18.49.070 Setbacks and lot coverage. Setbacks and lot coverage are as follows: A. Setbacks. 1. Front: no setback from street right-of-way lines, contingent upon frontage improvements or right-of-way expansion required by the City. 2. Rear and sides: 50 feet if site adjoins any residential zoning district or use, otherwise none. B. Lot coverage (maximum): none. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.080 Parking. For specific parking requirements, refer to Chapter 18.76 FMC. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.090 Accessory building and use regulations. For specific regulations on accessory buildings or uses, refer to FMC 18.72.050. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.100 Sign regulations. For specific regulations on signs, refer to Chapter 18.80 FMC. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.110 Development proposals. The City of Ferndale has identified the general business zone as an area in which development shall make efficient use of total lot area by consolidating development to the greatest extent practical, and by utilizing shared infrastructure such as parking and stormwater facilities. In addition, proposals which are anticipated to result in development which is phased in over time shall be required to identify the project scope on a planned unit development application or, for commercial subdivisions, propose a general binding site plan which will guide the development and be binding upon the City and the applicant, but may be amended if necessary. Commercial subdivisions such as short plats are discouraged in this zone, unless no project is identified. Short plats shall be reviewed based on the highest permitted use in the zone. (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 18.49.120 Site design. Stormwater facilities such as ponds shall not be permitted adjacent to the primary street on the property, unless landscaping and fencing are provided pursuant to Chapter 18.74 FMC (landscaping). (Ord. 1889 1, 2015; Ord. 1603, 2010; Ord. 1573 1, 2010) 25 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

Chapter 18.51 REGIONAL RETAIL ZONE (C7/RRZ) Sections: 18.51.010 Purpose. 18.51.020 Land use objectives. 18.51.025 Permitted uses. 18.51.030 Conditional uses. 18.51.035 Accessory uses. 18.51.040 Minimum lot width. 18.51.050 Minimum lot size. 18.51.060 Maximum building height. 18.51.070 Setbacks and lot coverage. 18.51.080 Parking. 18.51.090 Accessory building and use regulations. 18.51.100 Sign regulations. 18.51.110 Development proposals. 18.51.120 Site design. 18.51.010 Purpose. The regional retail zone is a zone which provides commercial and recreational uses which are intended to serve a wide geographic area beyond Ferndale s City limits and immediate area of influence. Such developments may include concentrated retail establishments with a variety of tenants, or a number of large tenants. It is the intent of the City to encourage large projects in this zone, and to require that such projects reflect a master plan developed by the applicant and approved by the City. The City may approve mixed use development, including accessory residential development, subject to the conditions contained within an approved master plan. A wide range of accessory land uses are permitted in the regional retail zone, and may be developed as permitted uses if a master plan (general binding site plan, planned unit development, or planned action, as defined by WAC 197-11-164, 197-11-168 and 197-11-172) has been approved for the area, regardless of the size of the individual structure or use; provided, that the master plan identifies a minimum of 100,000 square feet of potential building area. However, if no master plan has been approved for the site, the City requires that the initial structure(s) on a site contain at least 100,000 square feet of gross floor area. Any accessory use may be considered a permitted use if it occupies at least 100,000 square feet of gross floor area. Once a large (100,000 square feet or greater) structure or combination of structures has 26 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

been permitted, accessory uses and structures may be approved on the site, regardless of the size of the building or use. Limited residential uses may be allowed when incidental to the primary retail and commercial uses. Residential uses cannot be considered primary uses, even if the total gross floor area exceeds 100,000 square feet. Developments within the regional retail zone shall be subject to the retail design standards (Chapter 18.58 FMC) and Ferndale EAGLE program, where applicable. This zone may be applied to some portions of the City that are designated commercial under the City of Ferndale Comprehensive Plan. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.020 Land use objectives. A. Provide ancillary development around clearly defined anchor uses, and/or provide a variety of smallscale uses through a coordinated master plan. B. Establish public or private connecting roads between parcels where practicable, in order to increase the efficiency of primary roadways in the area. C. Foster pedestrian and other nonmotor vehicle activity. D. Consolidate, to the greatest extent possible, the number of access points from the primary roadways in the area. E. Create shared parking and loading areas within and between retail developments. F. Minimize the use and appearance of large, freestanding signage, as well as establish a comprehensive sign plan when more than two uses are proposed. G. Create large commercial developments with a well-defined and coordinated sense of place and continuity within the project. H. Efficiently use available space through the use of combined or integrated parking, stormwater, and other infrastructure. I. Foster positive economic growth for Ferndale, as demonstrated through a market analysis provided by the applicant. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.025 Permitted uses. A. Automatic teller machines. B. General park M and O activities. 27 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

C. Passive open space use. D. Public agency facilities. E. Public parks. F. Trail head facilities. G. Trails for equestrian, pedestrian, or nonmotorized vehicle use. H. Indoor cinema. I. Department store. J. Publicly owned community signs and public art. K. Uses similar to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1796 7, 2013; Ord. 1603, 2010) 18.51.030 Conditional uses. A. Micro brewery. B. Churches. C. Cultural institutions. D. Drive-in cinema. E. Theater (outdoor). F. Community festivals and street fairs. G. Convention center, including banquet facilities and/or meeting halls. H. Stadium, sports arena, auditorium or other place of assembly with fixed seats. I. Transportation center. J. Uses similar to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1796 7, 2013; Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 28 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

18.51.035 Accessory uses. A. Automotive repair minor. B. Automobile service station. C. Auto part sales. D. Gas/fuel station. E. Warehousing, wholesale use. F. Barber/beauty salon. G. Health spa. H. Hospital/clinic small animal. I. Mailing service. J. Personal loan businesses. K. Personal service businesses. L. Photo processing, copying and printing services. M. Video rental store. N. Tattoo parlor. O. Cafeterias. P. Delicatessen. Q. Drinking establishments. R. Portable food vendors. S. Restaurants/drive-through. T. Restaurants/lounge. U. Restaurants/sit-down. 29 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

V. Restaurants/take-out. W. Restaurants with entertainment/dancing facilities. X. Tavern. Y. Wineries tasting room. Z. Financial institutions. AA. Medical, dental and other clinics. BB. Office consulting services. CC. Office corporate. DD. Office general. EE. Real estate office. FF. Trade schools. GG. Art galleries. HH. Batting cages, racquetball and tennis courts, driving ranges, miniature golf, shooting range. II. Bowling alley. JJ. Commercial recreation, indoor. KK. Commercial recreation, outdoor. LL. Dance hall. MM. Dart/billiard room. NN. Health/fitness center with instructional classes. OO. Health/fitness center without instructional classes. PP. Theater (indoor). QQ. Video game arcade. 30 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

RR. Apartment or condominium (three or more units). SS. Assisted living facility. TT. Day care center. UU. Hotels or motels with stays less than 15 days. VV. Hotels or motels with stays more than 15 days. WW. Mixed residential and commercial uses. XX. Multifamily development, above first floor. YY. Multifamily development, any/all levels. ZZ. Nursing school. AAA. Nursing or rest home. BBB. Recreational club. CCC. Senior housing/retirement community. DDD. Antique store. EEE. Apparel and accessory store. FFF. Auto parts supply store. GGG. Books, stationery and art supply stores. HHH. Building, hardware, garden supply stores. III. Convenience store without fueling facilities. JJJ. Convenience store with fueling facilities. KKK. Drug store/pharmacy. LLL. Electronic equipment stores. MMM. Supermarkets. 31 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

NNN. Florist. OOO. Furniture, home furnishings and appliance stores. PPP. Liquor store. QQQ. Lumberyards. RRR. Nursery, plant. SSS. Office supply store. TTT. Shopping center. UUU. General retail. VVV. Outdoor sales. WWW. Park and ride. XXX. Parking lot or structure. YYY. Pet shop and pet supply store. ZZZ. Specialty retail stores. AAAA. Wholesale store. BBBB. Bus station. CCCC. Bus terminal. DDDD. Storage in an enclosed building. EEEE. Visitor or tourist information center. FFFF. Uses similar in nature to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1796 7, 2013; Ord. 1603, 2010) 18.51.040 Minimum lot width. Minimum lot width is as follows: none. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 32 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

18.51.050 Minimum lot size. Minimum lot size is as follows: none. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.060 Maximum building height. Maximum building height is as follows: 60 feet. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.070 Setbacks and lot coverage. Setbacks and lot coverage are as follows: A. Setbacks. 1. Front: none. 2. Rear: 15 feet, if rear of lot abuts side of residential property, otherwise none. 3. Sides: none. B. Lot coverage: none. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.080 Parking. For specific parking requirements, refer to Chapter 18.76 FMC. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.090 Accessory building and use regulations. For specific regulations on accessory buildings or uses, refer to FMC 18.72.050. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.100 Sign regulations. For specific regulations on signs, refer to Chapter 18.80 FMC. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.110 Development proposals. The City of Ferndale has identified the regional retail zone as an area in which development shall make efficient use of total lot area by consolidating development to the greatest extent practical, and by utilizing shared infrastructure such as parking and stormwater facilities. In addition, proposals which are anticipated to result in phased development shall be required to identify the project scope on a master project application or, for commercial subdivisions, propose a general binding site plan which will guide the development and be binding upon the City and the applicant, but may be amended if necessary. 33 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016

Commercial subdivisions such as short plats are discouraged in this zone, unless no project is identified. Short plats shall be reviewed based on the highest permitted use in the zone. (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 18.51.120 Site design. Stormwater facilities such as ponds shall not be permitted adjacent to the primary street on the property, unless landscaping and fencing are provided pursuant to Chapter 18.74 FMC (landscaping). (Ord. 1603, 2010; Ord. 1576 1, 2010; Ord. 1573 1, 2010) 34 CITY OF FERNDALE PLANNING COMMISSION OCTOBER 12, 2016