Ferndale City Council

**David Forman, on MXD zoning impacts:** "At this rail is my back fence. There could be a 45 foot tall building that's closer to me than some of the City Council members who are here tonight." **Council Member Porter, on property vacation strategy:** "So to me this sounds like a win win. Getting paid for something that we otherwise would have had to spend money on." **Director Cerbone, on HB 1220 compliance:** "We can't take all of the multifamily zoning and stick it on the other side of the tracks, right? They want the different types of housing integrated throughout the community." **Administrator Burnett, on growth management reality:** "It's about recognizing that there are better zoning alternatives available, ones that reflect the character of the neighborhood, protect nearby schools, and honor the intent of our comprehensive plan." **Council Member O'Leary, on zoning transitions:** "It seems that the MXD feels like it would mix better between some residential multi family zo

# City Council Confronts Growth Demands and Zoning Concerns The Ferndale City Council convened Monday evening, March 2, 2026, for what would become a marathon work session stretching past the typical meeting boundaries, as members grappled with fundamental questions about the city's future growth and the practical realities of state-mandated housing requirements. Mayor Greg Hansen called the meeting to order at 5:00 p.m. with all seven council members present, setting the stage for what Administrator Jori Burnett would later describe as one of the most substantive planning discussions the council had undertaken in recent memory. ## Public Voices Rising The evening began with pointed public comment that foreshadowed the tensions to come. David Forman of Pacific Highlands Avenue returned to address the council about his ongoing concerns with proposed zoning changes near Cascadia Elementary School, delivering a measured but firm critique of what he saw as inappropriate planning decisions. "The mixed-use commercial zone is being placed in a location that's surrounded on two sides by established single family neighborhoods and on two other sides by public school properties," Forman told the council. "That should give us all a bit of concern." Forman's testimony highlighted specific technical concerns about the Mixed-Use Development (MXD) zoning, particularly its allowance for zero front and side setbacks and buildings up to 45 feet tall. "At this rail is my back fence," he explained. "There could be a 45 foot tall building that's closer to me than some of the City Council members who are here tonight." The public comment period also featured an emotional and pointed address from an anonymous speaker who criticized the Ferndale Police Department's handling of their case, creating an uncomfortable tension that would linger throughout the meeting. The speaker's accusations about retaliation and improper investigations served as a stark reminder of the community trust issues that often complicate municipal governance. ## Shannon Avenue Vacation: A Straightforward Sale Before diving into the complex zoning discussions, the council quickly dispensed with a public hearing on the Shannon Avenue vacation ordinance. Public Works Director Kevin Renz walked the council through the proposal to sell approximately 1.197 acres of unopened right-of-way for $349,000. The property in question stems from a 1990s development plan that never fully materialized. "The project only went forward in a portion down at the South end, where it meets up with Main St.," Renz explained. "They did carve off a couple of lots and there's now a medical business that exists on that short section of Shannon Rd. Down at the bottom. The rest of it had never been developed." The technical discussion revealed the practical challenges of modern development standards. The original road alignment crosses significant wetlands and a creek that would require expensive infrastructure. "The alignment of that road section has significant wetlands on it and also crosses a Creek that would need to have a box culvert or bridge installed on it," Renz noted. Councilmember Porter questioned whether the property had become "like a white elephant for the city," to which Renz responded that the original configuration simply doesn't match current development needs. The unanimous approval came after brief discussion about retaining a 30-foot utility corridor and the city's ability to use eminent domain if future needs arise. Councilmember Mutchler seized on the financial opportunity, suggesting the city conduct an inventory of similar surplus properties. "This one came at us kind of from the developer, but we might be able to come up with similar properties if we spent some time." ## The Growth Management Reality Check The evening's centerpiece was Community Development Director Michael Cerbone's comprehensive presentation on zoning changes required by state law. The numbers were stark: Ferndale must accommodate 10,961 additional people and 3,337 new jobs between 2025 and 2045, translating into 4,659 new housing units. "The primary impetus for the work that we're doing right now is implementing House Bill 1220," Cerbone explained, describing how the legislation requires cities to plan for housing affordable to all income levels. "Before House Bill 1220, we had a lot more autonomy as a community. We could decide how and where we thought appropriate housing should be." The presentation broke down housing needs by Area Median Income (AMI) bands, revealing that much of the required housing falls in the 0-30% and 30-50% AMI categories—necessitating higher-density development typically comprised of apartments. This reality would drive much of the evening's debate about appropriate zoning transitions. ## Industrial Evolution at Grandview The discussion of the Grandview Interchange area revealed how economic realities had shifted the city's planning assumptions. Administrator Burnett provided context on the failed Regional Retail zone, noting that "We adopted that zone right at the kind of apex of brick and mortar retail, followed quickly by the rise of Internet retail sales." The proposed shift to manufacturing and light industrial zoning reflects updated economic development strategies. "The port has come out with a study within the last two years identifying that need and specifically identified this portion of Ferndale as being able to play a regional role in providing future employment opportunities for the region," Cerbone explained. The manufacturing zoning proposal generated questions about flexibility and market responsiveness. Councilmember Mutchler wondered about creating a single zone allowing multiple uses, but Cerbone cautioned against such an approach: "If all those different types of uses... if you allow all the uses in all the zone, you might just wind up with a bunch of quick service restaurants." The discussion revealed ongoing interest from potential users, including Love's truck stop, which "calls me just about every two months wanting to know how our process is on getting sewer up to this area," according to Cerbone. ## The Freeburg Farm Dilemma Perhaps the most contentious portion of the discussion centered on the recently annexed Freeburg Farm area, where the city proposes mixed-use commercial development adjacent to existing single-family homes. The technical details sparked significant concern among council members about appropriate transitions between different development intensities. Councilmember O'Leary questioned the placement of Mixed-Use Development zoning directly adjacent to existing single-family areas: "It just seems like those don't really mix well. It seems that the MXT feels like it would mix better between some residential multifamily zones rather than up against a single family zone." The discussion revealed the practical implications of the MXD zone's development standards. As Cerbone confirmed, "They could have a 0 lot line, 45 or 50 foot tall, 2 or 2 stories above a commercial" use under current code language. Councilmember Mutchler emphasized his concern about the impact on existing residents: "I know people that live in that neighborhood. I know those houses are very modest... But they're not people that may be necessarily are following what the cities doing here... I think we should have that zoning, undoubtedly. But I think right next to single family homes that are one story tall doesn't make sense to me." ## Code Flexibility and Performance Standards The conversation delved into more technical planning concepts, with Councilmember O'Leary asking about "stacked zoning" and performance-based zoning alternatives. Cerbone acknowledged these tools exist but expressed preference for clear, objective standards: "I prefer things clear and objective. I prefer you know you... You can go home and pop a, you know, beer or Fanta and, you know, read the code and come in. Talk to me in the morning and like we agree on what the code says." The director's philosophy emerged clearly: "I like what works. I like to see things that are clear and objective. Our zones all work, so if you have a very specific concern, we can probably address that through a text amendment to that underlying code." ## The Transition Challenge A central theme throughout the evening was how to create appropriate transitions between different development intensities. The council explored various approaches to address community concerns while meeting state mandates. Councilmember Pinto-Gonzalez sought clarification on potential solutions: "So we're not talking about reframing MXD zoning entirely. We're talking more about an if then language within the zoning criteria itself... If you're adjacent to a residential neighborhood, then you're required to have X amount of setbacks on that specific side, right?" Cerbone confirmed this approach, noting that the city already uses similar transition standards in other zones: "So if the RMM zone within 20 feet of a single family detached zone, it requires you to hold the height to 35 feet, which is what the height is in that single family zone." ## State Mandates and Local Control The tension between state requirements and local preferences surfaced repeatedly. Councilmember Porter questioned what would happen if the city simply ignored House Bill 1220 requirements. Cerbone's response was unequivocal: "You know, we would go through the process. We'd adopt the comprehensive plan. Someone would likely appeal us... It would go to the growth Management Hearings board and we would lose." He cited Mercer Island as an example of a community that attempted to resist state mandates, noting their decision "has been remanded back to them to fix." The message was clear: the state's housing requirements are not optional. ## Commercial Viability and Market Reality The discussion of commercial development revealed ongoing challenges with market timing and viability. Cerbone acknowledged that the Mixed-Use Development zone might result in vacant commercial spaces initially: "That commercial may sit vacant, right? That's what happened on Portal Way. Until it is filled up." The conversation also touched on the challenges of live-work units, with Cerbone noting their limited success: "Livework units I've not seen be widely successful anywhere... they've got, you know, blinds up and that's where they watch TV." ## Infrastructure and Development Sequencing Throughout the evening, infrastructure emerged as a key constraint and driver of development patterns. The sewer capacity limitations at the Grandview Interchange repeatedly surfaced as a factor limiting immediate development potential. The council explored the relationship between infrastructure investment and development timing, with several members noting that areas within the current city limits are more likely to develop in the near term due to existing utility availability. ## Looking Forward As the work session extended well into the evening, it became clear that the council would need additional time to work through the complex balance of state requirements, community concerns, and practical development realities. The discussion established several key areas for further refinement: appropriate transition standards between different zoning intensities, the specific location and configuration of mixed-use development areas, and potential modifications to development standards to address community concerns while maintaining compliance with state housing mandates. Cerbone emphasized the opportunity to address concerns through the current process: "I would say if we want to make those changes, we do it as part of the package and that's why I said we have that zoning open right now... If you want to make modifications to that, I think it's relatively easy for us to do that as part of this process." The evening concluded with the understanding that future meetings would be needed to refine the proposal before it proceeds to formal public hearing, highlighting the complex balancing act facing growing communities throughout Washington state as they work to accommodate mandated growth while preserving community character and addressing resident concerns. The March 2 work session demonstrated both the technical complexity of modern land use planning and the very human concerns that drive community engagement with local government, setting the stage for continued deliberation on how Ferndale will manage its projected transformation over the next two decades.

### Meeting Overview The Ferndale City Council met in regular session on Monday, March 2, 2026, focusing primarily on street property sales and comprehensive planning for future city growth. The meeting included a public hearing on selling a portion of Shannon Avenue and an extensive work session on proposed zoning changes to accommodate projected growth through 2045. ### Key Terms and Concepts **Mixed-Use Development (MXD):** A zoning designation that requires both commercial and residential uses on the same property, with commercial typically on the ground floor and residential above. **House Bill 1220:** State legislation requiring cities to plan for housing at all income levels, mandating consideration of affordability when making zoning decisions. **Area Median Income (AMI):** A standard measure used to determine housing affordability, with different income bands (0-30%, 30-50%, etc.) driving different housing type requirements. **Right-of-Way Vacation:** The legal process by which a city sells or gives up public street property, requiring public hearings and fair market compensation. **Urban Growth Area (UGA):** Areas outside city limits designated for future urban development, where the city plans zoning that would take effect upon annexation. **Performance-Based Zoning:** A regulatory approach that focuses on development outcomes rather than prescriptive rules, allowing flexibility in exchange for meeting specific standards. **Manufacturing Zone:** Industrial zoning designation intended to attract larger employment users, particularly near freeway interchanges with good transportation access. **Comprehensive Plan Update:** State-mandated periodic review of city planning documents to ensure compliance with Growth Management Act requirements and accommodate projected growth. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Greg Hansen | Mayor | | Jori Burnett | City Administrator | | Michael Cerbone | Community Development Director | | Kevin Renz | Public Works Director | | David Forman | Resident, 2560 Pacific Highlands Ave | | Herb Porter | Councilmember | | Ali Hawkinson | Councilmember | | Erin Gunter | Councilmember | | McKenna Pinto-Gonzalez | Councilmember | | Ryan O'Leary | Councilmember | | Robert Pinkley | Councilmember | | Jon Mutchler | Councilmember | ### Background Context The city is grappling with state-mandated growth projections requiring accommodation of nearly 11,000 new residents and 3,337 jobs by 2045. This growth pressure, driven by Washington's Growth Management Act and housing legislation like House Bill 1220, forces difficult decisions about where and how to develop. The comprehensive plan update represents a critical juncture where the community must balance maintaining its small-town character with legal obligations to accommodate growth at various income levels. The Shannon Avenue vacation request exemplifies how past development plans can conflict with current needs. Originally dedicated in the 1990s for a development that never materialized, the unused street right-of-way now conflicts with a current 261-unit apartment project. Rather than maintain unusable infrastructure, the city can generate $349,000 while retaining utility access and future trail corridors. ### What Happened — The Short Version The council unanimously approved selling a portion of Shannon Avenue to a developer for $349,000, retaining a 30-foot corridor for utilities and potential trails. Most meeting time focused on proposed zoning changes throughout the city and Urban Growth Area. Staff presented recommendations to rezone areas from large-format retail to manufacturing and mixed-use development, particularly near the Grandview interchange. Significant discussion centered on placing mixed-use commercial zones adjacent to existing single-family neighborhoods, with several councilmembers expressing concerns about compatibility and building height impacts. The work session provided direction for refining zoning proposals before formal public hearings. ### What to Watch Next • Public hearing scheduled for comprehensive plan zoning changes after staff incorporates council feedback • Development of buffer requirements between commercial and residential zones based on council concerns • Potential modifications to mixed-use development standards to address community compatibility • Progress on the Shannon Highlands/Rosemary Meadows development following street vacation approval ---

**Q:** How much will the city receive for selling the Shannon Avenue right-of-way? **A:** $349,000, based on an independent appraisal reflecting the property's highest and best use for multifamily development. **Q:** What does the city retain when selling the Shannon Avenue property? **A:** A 30-foot-wide utility and trail corridor along the eastern portion for continued public access and infrastructure protection. **Q:** How many new residents must Ferndale accommodate by 2045? **A:** 10,961 additional people, along with 3,337 new jobs, based on state growth projections and Growth Management Act requirements. **Q:** What is House Bill 1220? **A:** State legislation requiring cities to plan for housing affordable to all economic segments, including extremely low-income residents earning 0-30% of area median income. **Q:** What zoning designation requires both commercial and residential uses? **A:** Mixed-Use Commercial District (MXD), which mandates commercial space before allowing residential development on the same property. **Q:** Who spoke during public comment about zoning concerns? **A:** David Forman from Pacific Highlands Avenue, expressing concerns about mixed-use commercial zoning near Cascadia Elementary School. **Q:** What vote was taken on the Shannon Avenue vacation ordinance? **A:** The council unanimously approved the vacation ordinance after a public hearing with no public testimony. **Q:** What area is being rezoned from Regional Retail to Manufacturing? **A:** Areas near the Grandview Interchange, where large-format retail never materialized and manufacturing uses are preferred for employment. **Q:** What concerns did councilmembers express about MXD zoning? **A:** Potential impacts on adjacent single-family homes from tall commercial buildings with minimal setbacks and incompatible land uses. **Q:** What is the city's current zoning approach called? **A:** Clear and objective standards, preferred over performance-based zoning for predictability and easier public understanding. **Q:** How tall can buildings be in the MXD zone? **A:** Up to 45 feet with zero front and side setbacks, though staff suggested adding buffers near residential areas. **Q:** What happens to development if the city ignores House Bill 1220? **A:** The state would likely overturn local decisions through the Growth Management Hearings Board, as happened with Mercer Island. **Q:** What was the original purpose of the Shannon Avenue right-of-way? **A:** It was dedicated in 1992 for the "Ferndale West" development that was never completed beyond one small commercial building. **Q:** Where will most new multifamily development be located? **A:** Throughout the city and Urban Growth Area, integrated with existing neighborhoods rather than segregated in one area. **Q:** What type of businesses contacted the city about Grandview development? **A:** Love's truck stops, rail-dependent industrial users, Lower Mainland manufacturing companies, and wood products processors. **Q:** What does "performance-based zoning" mean? **A:** Zoning that focuses on outcomes rather than specific requirements, allowing flexibility but creating potential confusion about expectations. **Q:** How long did the Shannon Avenue vacation process take? **A:** The process began with a council resolution in January 2026 for the March public hearing, following standard legal procedures. **Q:** What school facilities are near proposed zoning changes? **A:** Cascadia Elementary School and Horizon Middle School/Eagleridge Elementary, with some proposed developments directly across from schools. **Q:** What infrastructure challenge exists at Grandview? **A:** Lack of sewer service, which multiple potential developers are willing to help fund but cannot handle alone. **Q:** What will happen during the next phase of comprehensive planning? **A:** Staff will refine zoning proposals based on council feedback and schedule formal public hearings for adoption decisions. ---