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Ferndale City Council

FER-CON-2026-03-02 March 02, 2026 Committee Meeting City of Ferndale
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The March 2, 2026 Ferndale City Council meeting addressed two significant property matters and commenced a critical work session on comprehensive plan zoning updates. The council unanimously approved a $349,000 Shannon Avenue right-of-way vacation and authorized $127,688 in property acquisition services for the Ferndale Levee Improvement Project. However, the meeting's most substantial discussion centered on proposed zoning changes required to accommodate 10,961 additional residents and 3,337 new jobs by 2045. Public comment featured David Forman's second appearance regarding concerns about Mixed Use Commercial (MXD) zoning near Cascadia Elementary School, highlighting ongoing neighborhood compatibility issues. The Shannon Avenue vacation proceeded without public opposition, representing the city's first major right-of-way sale generating significant revenue while retaining a 30-foot utility corridor. The comprehensive plan work session revealed emerging council concerns about placing commercial zoning immediately adjacent to single-family homes, particularly in the Frieburg Farm area. Director Michael Cerbone presented Planning Commission recommendations implementing state-mandated House Bill 1220 requirements, which necessitate housing diversity throughout the community rather than concentrating multifamily development "on the other side of the tracks." Council members expressed particular unease about MXD zoning allowing 45-50 foot buildings with zero setbacks next to modest single-family homes. The discussion explored potential buffering mechanisms and height restrictions to address compatibility concerns while meeting state growth management mandates.

**Shannon Avenue Vacation Ordinance (AB #26-03-002)** - **Vote:** 7-0 unanimous approval - **Staff Recommendation:** Approve vacation for $349,000 - **Council Action:** Approved as recommended - **Key Details:** 1.197 acres of unopened right-of-way vacated, retaining 30-foot utility/trail corridor - **Practical Impact:** Enables Shannon Highlands/Rosemary Meadows PUD development while generating $349,000 in street fund revenue **Consent Agenda (AB #26-03-001)** - **Vote:** 7-0 unanimous approval - **Items Included:** February 17 minutes, February 20 payroll …

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**MXD Zoning Compatibility Concerns** The most significant policy discussion centered on Mixed Use Commercial (MXD) zoning placement in the Frieburg Farm area. Council Member Jon Mutchler and others questioned placing MXD zoning directly adjacent to existing single-family homes, noting the potential for 45-50 foot buildings with minimal setbacks next to modest one-story houses. Director Cerbone explained that MXD zoning was positioned to provide commercial services near existing residential areas while supporting planned multifamily development. However, Council Member Ryan O'Leary suggested repositioning MXD zones between multifamily areas rather than against single-family boundaries to create better transitions. Administrator Jori Burnett emphasized that commercial development needs nearby "rooftops" for viability, supporting proximity to both existing and planned residential. The discussion revealed tension between state mandates for housing integration and local concerns about neighborhood character preservation. **House Bill 1220 Implementation Requirements** Cerbone outlined how HB 1220 mandates planning for housing across all income bands (0-30% to 120%+ Area Median Income), with particular needs for extre…
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**David Forman (2560 Pacific Highlands Ave)** Returned for his second appearance opposing MXD zoning north of Cascadia Elementary School. Argued the zoning allows 100% lot coverage with zero setbacks, creating potential for 45-foot buildings "closer to me than some of the City Council members." Advocated for alternative zoning that respects neighborhood character while acknowledging development needs. **Public Works Director Kevin Renz** Recommended Shannon Avenue vacation approval, noting the unopened right-of-way has no public benefit and cannot be cost-effectively developed due to wetlands and creek crossings. The vacation supports approved multifamily development while retaining necess…
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**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…
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**Comprehensive Plan Process:** - Staff will modify MXD zoning provisions to address council concerns about building height and setback requirements - Additional work session scheduled if needed before public hearing - Final comprehensive plan document to incorporate interim council direction on zoning **Shannon Avenue Vacation:** - Ordinance effective upon payment of $349,000 and recording with Whatcom County Aud…

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**Shannon Avenue Right-of-Way Status:** Previously city-owned unopened right-of-way will become private property upon payment and recording, enabling multifamily development while preserving 30-foot public corridor. **Property Acquisition Authority:** City now authorized to spend $127,688 on professional property acquisition services for levee improvement project, advancing federal compliance requirements. **Comprehe…
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# 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 speake…
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### 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 …
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Land Use & Planning Housing Government Operations HB 1220 Cascadia Elementary Growth Management Hearings Board Loves Truck Stop Planning Commission Port Of Bellingham Shannon Highlands Rosemary Meadows Whatcom County David Forman Greg Hansen Herb Porter Jon Mutchler Jori Burnett Kevin Renz Michael Cerbone Ryan Oleary Affordable Housing Comprehensive Plan Growth Management Act Height Restrictions Industrial Development Land Use Policy Levee Improvement Mixed Use Commercial Multifamily Housing Neighborhood Commercial Property Vacation Public Hearing Setbacks Single Family Housing Urban Growth Area Wetlands Zoning