Woodland is putting a stop to any new development with residential uses in its commercially-zoned area as officials look at city code, so they can avoid unintended consequences of what’s currently on the books.
During its Aug. 16 meeting, the Woodland City Council voted 7-0 to approve the first reading of a moratorium on accepting permit applications for building or expanding residential development in its three different commercial zoning categories. The approval follows an initial emergency six-month moratorium approved on June 21 by council, following issues raised by two proposed developments in the city this year.
During the meeting, Woodland Community Development Director Travis Goddard said the moratorium addresses an apparent unpreparedness of the city for the amount and scope of developments that could potentially come to the city featuring residential use in its commercial zones. Chief among current concerns is that such developments may be inconsistent with the city’s comprehensive growth management plan.
The concern is those looking to build homes may eye commercial space, using loopholes to build housing instead of bringing in jobs, given the city’s amount of residentially-zoned areas for building.
“Having (the code) the way it is now, it’s just too ripe for exploitation,” Councilor Dave Plaza said.
Plaza asked about whether residences could take over all commercial zoning in the city under the current code, which Goddard concurred was a possibility.
The first of two developments mentioned specifically in staff documents is Kirkland Senior Living, which would have led to a zone change from industrial to commercial on land behind Safeway. Following the change, project developers planned to build a five-story mixed-use development with 150 residential units, as well as a salon/spa and pub which would be accessible to the public.
Council turned down the project in March, based on its inconsistency with current residential densities in the city, and the ratio of its commercial to residential use. If built, Goddard said the complex would be 75 units per acre, far above the average in the city of 4.5 per acre, and the city’s multifamily zoning of up to 35 per acre. Currently there is no residential density control in commercial zoning, nor are there requirements for minimum square footage or ratio of floor space on how much needs to be commercial.
Though council was able to turn the senior living development down, councilors said their hands were tied regarding a development they looked at later in the year. Earlier this month, council voted to deny an appeal by Belmont Loop business owners on a prior decision approving the development of an RV park in the area.
The appellants asked council to consider whether or not the 67-lot park would be “residential in nature” and how appropriate it would be in the commercial zoning it’s in. Though much of council showed concerns over the development and agreed with the appellants on a number of issues, they ultimately denied the appeal as there wasn’t code on the city’s books preventing the approval.
“We are not hearing a rezone and we are not being asked whether we like this project or not, and the fact of the matter is that the applicant has a piece of property here and he is developing it for an allowed use,” Councilor Benjamin Fredricks said during a July 19 meeting on the appeal. “If you don’t like the law, you should change it, but in this case, the ship has already sailed.”
Though the emergency moratorium was approved prior to the appeal denial, it didn’t apply to “approved or vested projects” like the RV park, according to a staff summary.
“Our code doesn’t clearly identify some issues that now that the word is out and we’re having these discussions and the commercial market is what it is, we’re starting to experience commercial developments that may not involve a commercial component. They may be entirely residential in nature,” Goddard said. He gave examples of the RV park or a development with a “token” commercial space.
“There’s no obligation for them to rent that commercial space,” Goddard said.
Although work on a “housing action plan” for the city fixed many code issues for residential, Goddard said issues in commercial zoning weren’t addressed. With the approval of the moratorium, the city will have time to make code adjustments for approval by council. Goddard said there would be a public hearing for input on the matter next month.
