City of Ferndale PLANNING COMMISSION STAFF REPORT

City of Ferndale PLANNING COMMISSION STAFF REPORT MEETING DATE: _December 14, 2016 AGENDA BILL # SUBJECT: Silver Creek Rezone (Hearing) DATE: December 14, 2016 various FROM: Jori Burnett PRESENTATION BY: Jori Burnett Exhibit 1: Application Materials Exhibit 2: Area Maps Exhibit 3: Mixed Use Commercial Zone, General Business Zone (text) Exhibit 4: Zoning Ratios Map Exhibit 5: SEPA Exhibit 6: Affidavits RECOMMENDATIONS: Recommend approval of a proposal to rezone approximately 9.4 acres of undeveloped land from Mixed Use Commercial to General Business zoning. A public hearing is required. No Comprehensive Plan Amendment is required. The Planning Commission did not have any significant questions at the November workshop. As the proposal is quite straight forward, Staff has not substantially altered the staff report. BACKGROUND: The applicants (Maria and Cleo Callen, represented by Steve Moore) are the long-time owners of undeveloped land at the northwest intersection of Slater Road and Rural Avenue. In the early 2000 s, the property owners initiated land improvement activities intended to prepare the site for future industrial or business development pursuant to the then-current Light Industrial zoning. Due to a variety of factors the land was never developed and has remained vacant. 1 In 2010, soon after the City annexed land south of Slater Road for commercial (retail purposes), the property owners of the subject property requested that the City Council include a Comprehensive Plan modification to convert the properties from an Industrial land use designation to Commercial. 2 At the time, the City s staff report 3 (October 27, 2010 Planning Commission Staff Report) stated: The properties are in a highly visible location that will likely benefit from future commercial development to the south. There are some concerns that the proposal would continue recent City actions to convert Industrial land to Commercial land, with the hopes of attracting additional retail development. 1 While infrastructure including stormwater and other utilities were put in place as part of the land development activities referenced herein, this staff report does not attempt to review the type or existing condition of those facilities. The current condition of such facilities has no bearing on the proposed rezone and would be reviewed at the time a specific development was proposed. 2 These amendments occurred prior to the purchase of properties by the Lummi Nation. 3 Planning Commission Staff Report, October 27, 2010. Page 2 of 5. 1 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

Despite the land use changes approved in 2010, no tenant has yet been secured for these properties. The applicants suggest that the current rezone would enable a gradual transition from commercial to general business to manufacturing uses. The applicants have also acknowledged that the expectations for commercial development opportunities at Slater have changed dramatically in the last six years, and that the 2010 expectations for full retail buildout of the properties south of Slater Road were not accurate. Additionally, the robust growth of businesses within the General Business zone and the strong demand for fully serviced properties with similar zoning suggests to the applicant that full development could be achieved more rapidly under different zoning. The applicants feel that the zoning change would still enable them to offer the site to a variety of commercial users as well. ANALYSIS: From a technical perspective, the General Business zone would on average be less impactful in terms of traffic than a full buildout under a Mixed Use Commercial designation. Depending on the types of uses proposed, full buildout under the General Business zone could create more impacts in terms of water and sewer use than the Mixed Use zone but these impacts could vary substantially depending on the type of use. The City has general design guidelines for development within the General Business zone, but these guidelines are much less specific than those found in the Mixed Use zone. This means that aside from requirements to establish attractive, visually interesting facades and to reduce the massive scale and the uniform, impersonal appearances of buildings that are adjacent to or visible from primary public roadways, the City has little or no say over the look of structures in the GB zone, as compared to the Mixed Use zone. This does represent a slight concern for Staff, in that this site is quite visible. The Planning Commission, Council and the public should not be surprised if the future development of the site features a building or buildings that are functional but not particularly aesthetically pleasing. This is not intended to suggest that the applicant seeks to design an ugly building only that it is likely that it will not be the current applicant who will be responsible for the design. From an overall land use perspective, there are currently 622 acres zoned Mixed Use in the City, and 396 acres zoned General Business. If the rezone is approved, the totals would be 613 acres/ 405 acres. The City is under no obligation to ensure that the two zones are equal. However, there has been strong growth within the existing General Business zones throughout the City suggesting that the demand for these uses is stronger than the demand for uses in the MXD zone. The Planning Commission should also be aware that the proposed rezone to General Business uses would create the potential for a marijuana grow or processing operation to locate on the property. Staff believes that both of the marijuana retail businesses allowed by City zoning have now been spoken for along Portal Way. Staff has spoken with the applicant who has indicated that they do not intend to allow such uses on their property. Staff believes that the proposed rezone is in some ways a course correction from the 2010 rezone. The 2010 rezone was proposed during the height of the recession, and was likely a reaction to the recession as well as a reflection of the local conventional wisdom that the strong Canadian dollar would keep retail development afloat. As Staff stated in the staff report at the time: 2 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

we caution the Planning Commission and City Council to carefully consider future conversions of industrial land.the City must not place itself in the position of reducing the inventory of available, useable Industrial land or future industrial development may pass over Ferndale when searching for new locations. A postmortem of the recession reveals that Ferndale was likely too bullish on the prospects for future retail growth on a citywide basis. The number of large retail businesses overall has contracted since the recession, as has the expansion of the remaining large retail brands. The anticipated development south of Slater Road in 2010 consisted of one or two large retail box stores as well as ancillary businesses such as restaurants. To the extent the City is aware, the Lummi Nation has continued to modify its conceptual Salish Village development in an attempt to determine the right mix of businesses for the local/regional market, as well as to determine what if any retail brands would consider expansion to the local area. This means that while future retail/commercial development south of Slater Road is still extremely likely, the form (and its impact on adjacent uses) is not. With regard to the subject properties, the proposed rezone amounts to the expectation that full buildout of commercial uses on the subject site will likely not materialize until Lummi Nation lands develop and that the build out of the subject properties is not a sure thing, even if the Lummi Nation is successful. The General Business zone would provide opportunities to attract general business (office, food production, light manufacturing) tenants that are independent of other projects while still allowing for businesses that may ultimately be ancillary to the Salish Village development. Finally, Staff feels we must acknowledge the fact that the proposed rezone would in some ways restore uses that were once available to the site prior to 2010. It could be argued that the current proposal is an effort to attract the flavor of the month (general business-type uses) and that there could be a future rezone request to modify the zoning once again. And there may. However, Staff believes the current proposal is likely more sustainable than the previous rezone. There is a lower ceiling for retail uses in this area than there is for general-business type uses. It is widely acknowledged that the Whatcom County market (concentrated in Bellingham) has more retail uses per capita than the average metro region of similar size. This is due to the large Canadian market. On the other hand, the general business-type capacity may be slightly undersized for the population, and/or may be under-sized to support Canadian businesses that wish to establish a location within the United States. 4 CONCLUSIONS: The applicant requests a change to the Official Zoning Map of the City of Ferndale (a rezone). Pursuant to Ferndale Municipal Code 18.12.270, the Planning Commission is required to find that the following facts have been demonstrated (staff response in bold): 1. The notice of public hearing has been duly published. The notice of public hearing was posted on the site November 29, 2016, and was posted at City Hall and the Ferndale library on the same date. The 4 Staff has reached out to the Center for Economic and Business Research at Western Washington University, seeking input on the possible impacts of the US election on non-retail US/Canadian businesses. The initial conclusion: it is too early to make any sort of educated guesses. 3 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

notice was published November 30, 2016 in the Ferndale Record. See Exhibit 6. 2. The amendment(s) will not have significant adverse effects on the environment or on other uses, or the amendment(s) with appropriate modifications will mitigate to the greatest extent possible all significant adverse effects on the environment. The proposed amendment will not have significant adverse effects on the environment or on other uses. The City has released an intent to issue SEPA Determination of Non-Significance. Depending upon the nature and scope of future development, specific buildings or projects may require further SEPA review. 3. The amendment(s) will be necessary or appropriate to effectuate the goals and objectives of the Comprehensive Plan of the City. The City s Land Use Element describes the South Ferndale subarea as one of the most land use diverse areas in the City, including a variety of residential, industrial, manufacturing and commercial uses. Industrial Land Use Goal: Industrial and general business jobs often attract highskill employees and offer higher wages than many retail or service jobs. These businesses may also support or be supported by other industries within the Ferndale Market Area. This goal suggests that the City is encouraged to identify areas that are suitable for industrial and general business jobs citing the generally-higher wages that these jobs might offer. The proposal would create more General Business land. Industrial Land Use Policy B: Capitalize on the assets the City has to offer to industrial land users, such as access to Interstate 5 (at Slater Road and Grandview Road interchanges), the proximity of the Burlington Northern Railroad and Cherry Point industries, and the availability of city utility services. The proposed rezone is in close proximity to Interstate Five (at Slater Road), as per this policy. Industrial Land Use Policy G: Reduce the segregation of industrial and commercial uses, when the impacts to the environment, surrounding uses, and City infrastructure are shown to be similar or less than other, existing uses. 4 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

Staff believes the uses allowed by the General Business zone have similar (and often lesser) impacts as those uses allowed within the Mixed Use Commercial zone. 4. The amendment(s) will not designate an area for a use which: a. Differs completely from that of surrounding land; and b. Is inconsistent with that of surrounding land; and c. Is inconsistent with the Comprehensive Plan; and d. Is of benefit to a particular interest only; and e. Is not of benefit to the community as a whole. Staff believes the proposed rezone is consistent with the intent of this provision. 5. The amendment(s) will not be materially detrimental to the public welfare. Staff does not believe the proposed rezone will be detrimental to the public welfare. Staff recommends approval. A potential motion in favor of the rezone is as follows: Based upon the staff report dated December 14, 2016 as well as additional information provided at the public hearing, I move that the Ferndale Planning Commission recommend approval of the proposed Silver Creek Rezone as shown in Exhibit 2, rezoning approximately 9.4 acres of land from Mixed Use Commercial to General Business zoning. 5 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

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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 11 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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. 12 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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. 13 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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. 14 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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. 15 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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. 16 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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) 17 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 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) 18 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

Chapter 18.45 MIXED USE COMMERCIAL DISTRICT (C3/MXD) Sections: 18.45.010 Purpose. 18.45.020 Land use objectives. 18.45.030 Permitted uses. 18.45.040 Conditional uses. 18.45.050 Accessory uses. 18.45.060 Mixed use commercial district special requirements. 18.45.070 Minimum lot size. 18.45.080 Maximum building height. 18.45.090 Setbacks and lot coverage. 18.45.100 Development proposals. 18.45.010 Purpose. The mixed use commercial district is a zone classification intended to provide a wide range of retail business and services uses compatible with the core of the City and limited in scope to reflect the needs of the community. All activities shall be conducted within an enclosed building, with the exception of offstreet loading, parking, and servicing of automobiles. Outdoor sales of merchandise are permitted on a limited basis; provided, that such sales are incidental to the primary use and are temporary (less than 30 days) in nature, and are conducted in an area that has been established for the purpose. Multifamily residential uses are allowed as part of mixed commercial/residential developments, and are specifically encouraged above the first floor. Developments in which residential uses, including singlefamily residential uses, are proposed in buildings which are separate from commercial uses may be approved as accessory developments, and/or within the context of an approved master plan. All retail development within the mixed use commercial district shall be subject to the retail design standards (Chapter 18.58 FMC) and Ferndale EAGLE program, where applicable. Applicants for nonretail construction (and developments in which less than 25 percent of average daily or p.m. peak hour traffic are generated by retail) must inform the City at the time of application as to whether they expect to conform to the retail design standards or if they wish to utilize the nonretail design standards codified in Chapter 18.59 FMC for building construction. Unless otherwise noted, site design requirements (FMC 18.58.060) shall be adhered to within the mixed use commercial district, regardless of use. This zone may be applied to some portions of the City that are designated commercial under the City of Ferndale Comprehensive Plan. (Ord. 1903 1, 2015; Ord. 1603, 2010; Ord. 1557, 2009) 19 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

18.45.020 Land use objectives. Uses within the zone shall also: A. Establish public or private connecting roads between parcels where practicable, in order to increase the efficiency of primary roadways in the area. B. Be designed so as not to obscure or eliminate views of Mount Baker from the public right-of-way, where feasible. 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. Follow design principles which are compatible with surrounding development and the overall scale of the City of Ferndale. H. Incorporate a residential component into large developments, where feasible. I. Efficiently utilize available land while minimizing the appearance of large structures. (Ord. 1603, 2010; Ord. 1557, 2009) 18.45.030 Permitted uses. A. Automotive repair minor. B. Automobile service station. C. Auto part sales. D. Bicycle or motorcycle rental or sales. E. Car wash automatic or self-service. F. Equipment rentals. G. Gas/fuel station. 20 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

H. Automatic teller machines. I. Barber/beauty salon. J. Contractor s offices. K. Funeral establishments, not including crematoriums. L. General service businesses. M. Health spa. N. Laundry/dry cleaning, neighborhood. O. Laundry/dry cleaning, retail. P. Laundry self service. Q. Mailing service. R. Personal loan business. S. Personal services businesses. T. Photo processing, copying and printing services. U. Video rental store. V. Tattoo parlor. W. Delicatessen. X. Drinking establishments. Y. Micro brewery. Z. Restaurants/drive-through. AA. Restaurants/lounge. BB. Restaurants/sit-down. CC. Restaurants/take-out. 21 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

DD. Restaurants with entertainment/dancing. EE. Tavern. FF. Wineries tasting room. GG. Financial institutions. HH. Medical, dental and other clinics. II. Office corporate. JJ. Office general. KK. Office research and development. LL. Real estate office. MM. Travel agencies. NN. General park M and O activities. OO. Passive open space. PP. Power transmission, irrigation wastewater easements, and utility uses. QQ. Public agency facilities. RR. Trail head facilities. SS. Trails for equestrian, pedestrian, or nonmotorized vehicle use. TT. Art galleries. UU. Bowling alley. VV. Commercial recreation, indoor. WW. Dart/billiard room. XX. Health/fitness center without instructional classes. YY. Video game arcade. 22 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

ZZ. Hotels or motels with stays less than 15 days. AAA. Mixed residential and commercial uses. BBB. Multifamily development, above first floor. CCC. Nursery school. DDD. Nursery, plant. EEE. Office supply store. FFF. Shopping center. GGG. General retail. HHH. Pet shop and pet supply stores. III. Retail hay, grain and feed stores. JJJ. Specialty retail stores. KKK. Wholesale store. LLL. Apparel and accessory stores. MMM. Auto parts supply store. NNN. Books, stationery and art supply stores. OOO. Building, hardware, garden supply stores. PPP. Convenience store without fueling facilities. QQQ. Convenience store with fueling facilities. RRR. Department store. SSS. Drug store/pharmacy. TTT. Electronic equipment stores. UUU. Farm equipment sales and service. 23 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

VVV. Supermarkets. WWW. Florist. XXX. Furniture, home furnishings and appliance stores. YYY. Publicly owned community signs and public art. ZZZ. Visitor or tourist information center. AAAA. Uses similar to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1796 4, 2013; Ord. 1603, 2010) 18.45.040 Conditional uses. A. Automotive repair specialty shop. B. Hospital/clinic small animal. C. Public agency buildings. D. Public parks. E. Special events including concerts, tournaments and competitions, fairs, festivals and similar public gatherings. F. Cinema, indoor. G. Commercial recreation, outdoor. H. Dance hall. I. Health/fitness center with instructional classes. J. Senior/activity center. K. Theater (indoor). L. Day care center. M. Dwelling units for a resident watchman or custodian. N. Hotels or motels with stays more than 15 days. 24 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

O. Nursing or rest home. P. Recreational club. Q. Antique store. R. Liquor store. S. Outdoor sales. T. Park and ride. U. Parking lot or structure. V. Pawn shop. W. Auction house. X. Bus station. Y. Bus terminal. Z. Community festivals and street fairs. AA. Micro and macro antennas. BB. Monopole. CC. Stadium, sports arena, auditorium, or other place of assembly with fixed seats. DD. Transportation center. EE. Uses similar to the above, in the judgment of the Zoning Administrator, following consultation with members of the Technical Review Committee (TRC). (Ord. 1796 4, 2013; Ord. 1603, 2010) 18.45.050 Accessory uses. A. Cafeterias. B. Apartment or condominium (three or more units). C. Assisted living facility. 25 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

D. Multifamily development, any/all levels. E. Outdoor storage. F. Storage in an enclosed building. (Ord. 1603, 2010) 18.45.060 Mixed use commercial district special requirements. A. Development on parcel(s) with a combined land area equal to or greater than three acres shall be required to establish and conform to a master plan for the area, pursuant to Chapter 18.44 FMC and either the binding site plan or planned unit development process. B. The City reserves the right to require that development proponents receive cross-connection or access easements over adjacent parcel(s), in order to improve vehicular access to and from the development site. (Ord. 1603, 2010; Ord. 1557, 2009. Formerly 18.45.030) 18.45.070 Minimum lot size. Minimum lot size is as follows: none. (Ord. 1603, 2010; Ord. 1557, 2009. Formerly 18.45.040) 18.45.080 Maximum building height. Maximum building height is as follows: 45 feet. (Ord. 1603, 2010; Ord. 1557, 2009. Formerly 18.45.050) 18.45.090 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 (maximum): none. (Ord. 1603, 2010; Ord. 1557, 2009. Formerly 18.45.060) 18.45.100 Development proposals. A. The City of Ferndale has identified the mixed use commercial district 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 storm water facilities. In addition, regardless of the size of the parcel, proposals which are anticipated to result in development which is phased in over time shall be required to identify the project scope on a master project application or, for 26 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

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. B. 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. 1557, 2009. Formerly 18.45.070) 27 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

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PORTAL 5 THORNTON MALLOY PORTAL Commercial Land Use Zone Type General Business 396.8 Acres VISTA Mixed Use Commercial CHURCH 622.3 Acres MOUNTAINVIEW DOUGLAS MAIN 5 EXHIBIT 4 City of Ferndale, WA Commercial Land Use 4,000 2,000 0 4,000 Feet 31 CITY OF FERNDALE Map Print PLANNING Date: December COMMISSION 8, 2016 DECEMBER 14, 2016 OpenStreetMap (and) contributors, CC-BY-SA O DISCLAIMER: USE OF THIS MAP IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: The City of Ferndale disclaims any warranty of merchantability or warranty of fitness of this map for any particular purpose, either express or implied. No representation or warranty is made concerning the accuracy, currency, completeness or quality of data depicted on this map. Any user of this map assumes all responsibility for use thereof, and further agrees to hold the City of Ferndale harmless from and against a ny damage, loss, or liability arising from any use of this map.

NOTICE OF APPLICATION AND INTENT TO ISSUE DETERMINATION OF NON-SIGNIFICANCE The City of Ferndale has received application(s) from the applicant referenced below for a proposed amendment (rezone) to the Ferndale Municipal Code within the city limits. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Determination of Non-Significance (DNS) for this project. Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the city's receipt of the development applications. This Notice of Application initiates the review process, which will include a public hearing. Notice of the public hearing will be issued separately. The public and affected agencies are invited to comment on the proposed amendment and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal. DATE OF NOTICE OF APPLICATION: December 14, 2016 APPLICANT: APPLICATION NUMBER: Silver Creek Group, LLC 16002-REZ DATE OF APPLICATION: October 31, 2016 PROJECT LOCATION: Northwest intersection of Rural Avenue and Slater Road, Parcel Numbers 380204-429512, -425534, - 382518, 390233-467019 PROJECT DESCRIPTION: REQUESTED ACTION(S): AS LEAD AGENCY THE CITY INTENDS TO ISSUE A: The applicant proposes rezoning approximately 9.4 acres of land previously prepared for development from Mixed Use Commercial to General Business zoning. Approval of Rezone Determination of Non-Significance (DNS) PUBLIC COMMENT PERIOD: December 14, 2016 - December 30, 2016 CONTACT: Jori Burnett, Community Development Director P.O. Box 936 32 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

Ferndale, WA 98248 (360) 384-4006 Required permits and approvals include, but may not be limited to: SEPA Threshold Determination, City of Ferndale Rezone, City of Ferndale (City Council) - 2-33 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

CITY OF FERNDALE LEGAL NOTICE OF PUBLIC HEARING The City of Ferndale Planning Commission will hold a public hearing to consider the proposed zoning text amendments described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing. The Planning Commission meeting will be held beginning at 7:00 p.m. on Wednesday, December 14, 2016 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the Planning Commission. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2368. DATE OF NOTICE: November 30, 2016 APPLICANT: Silver Creek Group PROJECT LOCATION: NW Intersection of Slater Road and Rural Avenue PROJECT DESCRIPTION: The applicant proposes to Rezone the property from Mixed Use Commercial to General Business zoning REQUESTED ACTION(S): The City of Ferndale requests approval of an amendment to the Ferndale Municipal Code. PUBLIC COMMENT PERIOD: November 30, 2016 December 14, 2016 CONTACT: Jori Burnett, Community Development Director City of Ferndale P.O. Box 936 Ferndale, WA 98248 (360) 685-2367 joriburnett@cityofferndale.org Published by Ferndale Record November 30, 2016. 34 CITY OF FERNDALE PLANNING COMMISSION DECEMBER 14, 2016

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