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Real Briefings

City of Bellingham Hearing Examiner

BEL-HEX-2025-11-19 November 19, 2025 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a public hearing on a controversial 33-unit housing development proposed for 331 Chuckanut Drive North. The project, known as SUB20240037, seeks approval for a cluster subdivision that would place townhomes and cottages on a 3.9-acre former fill site adjacent to Fairhaven Park and a mobile home park. The proposal has generated significant community concern, particularly around stormwater management and flooding risks. The site sits in a frequently flooded area and contains wetlands and streams that would require complex drainage rerouting. The applicant's plan would intercept an existing culvert system and redirect it to connect with the Chuck Drive North storm main rather than continuing its current path through private property to the north. Public testimony revealed deep skepticism about the adequacy of stormwater infrastructure, with residents citing climate change concerns and pointing to existing drainage problems in the area. Several commenters challenged the technical calculations presented by the applicant, particularly the narrow margin between projected flood volumes and existing pipe capacity. Others raised concerns about construction impacts, traffic congestion near Fairhaven Middle School, and the lack of affordable housing in the development. City staff defended the preliminary approval process, emphasizing that detailed engineering review would occur later during construction permitting. They noted that the project met preliminary plat criteria and included wetland restoration that would improve current degraded conditions on the former fill site. The applicant team provided detailed hydrological analysis showing compliance with 100-year and 500-year flood standards, though public commenters questioned whether historical precipitation models adequately account for future climate impacts. Hearing Examiner Sharon Rice will issue a written decision within 15 business days, with the record remaining o

The hearing was for public input only - no formal votes were taken. The matter under consideration was: - **SUB20240037 Preliminary Plat Application** - A cluster subdivision for 33 residential units (21 townhomes, 12 cottages) with 10-unit density bonus - **Staff Recommendation:** Approval with conditions - **Decision Pending:** Hearing Examiner will issue written decision b…

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**Stormwater Management and Flooding Concerns** The central policy issue involved managing stormwater drainage from a historically problematic site. The property was used as a fill site in the 1990s and now sits in a frequently flooded area with multiple wetlands and streams. The applicant proposed intercepting an existing culvert that currently drains through private property to the north and rerouting it to connect with the 48-inch storm main in Chuckanut Drive North. This engineering solution would formalize maintenance responsibilities under city control rather than relying on informal drainage across private land. Staff emphasized that current review was preliminary, with detailed engineering analysis required later during construction permitting. The city's stormwater standards require compliance with 100-year flood events, though the applicant voluntarily analyzed 500-year scenarios. Public commenters challenged whether historical precipitation models adequately account for climate change impacts, citing recent extreme weather events globally. **Critical Areas and Wetland Mitigation** The project involves indirect wetland impacts totaling 19,573 square feet and stream buffer reductions of 3,256 square feet. The applicant proposed extensive restoration involving removal of fill material, regrading to natural slopes, importing compost-amended topsoil, and planting 320 native…
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**Applicant Team (Nick Palowicz, Colin Van Slyke)** Presented detailed technical analysis emphasizing the project's benefits: formalizing informal drainage systems, restoring degraded wetland buffers, providing needed infill housing in an urban area with existing infrastructure. Argued that connecting the stream to the city storm system would ensure proper maintenance and capacity, while current conditions rely on unmaintained private infrastructure of unknown condition. **City Planning Staff (Kathy Bell, Ryan Nelson)** Supported preliminary approval while emphasizing the preliminary nature of current review. Noted extensive public participation had led to additional technical analysis, including WDFW stream determination. Defended city policies on traffic analysis thresholds and stormwater standards while acknowledging final engineering review would occur during construction permitting. **City Public Works (Paul Randall-Grutter)** Confirmed preliminary engineering analysis met city standards for both 100-year and 500-year flood events. S…
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**Sharon Rice (Hearing Examiner), on due process:** "I have not prejudged the facts of this case. So I've come here to hear all the evidence." **Kathy Bell (City Staff), on project history:** "This site really does have a unique at least it borders a unique history, and unfortunately, it went from... well, I guess it's maybe it's not unfortunately, but it went from Uncle Tom's Cabins to now what is often referred to in Bellingham as the Lumpy Dumps." **Nick Palowicz (Applicant), on drainage …
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- **Record Open for Post-Hearing Comment:** Through November 21, 2025 for technology-related issues only - **Staff/Applicant Response Deadline:** November 25, 2025 for any post-hearing comments and tonight's written submissions - **Hearing Examiner Decision:** Due December 16, 2025 (or December 18 if post-hearing comments are received) - **Appeal Period:** Begins…

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The hearing formally closed the public record for the preliminary plat application, with written testimony from six residents now part of the official record. The applicant's technical analysis was challenged on multiple specific points, including drainage basin calculations, culvert sizes, and elevation measurements, creating a more complex factual record for the Hearing Examiner's consideration. A correction was identified in the proposed conditions of approval, changing a geotechnical report reference from Attachment D2 to Attachment B, Exhibit J. The record was expanded to include previously omitted public comment from January 28th that city staff will provide, plus written…
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## Meeting Overview The Bellingham Hearing Examiner convened at 7:00 PM on November 19, 2025, to consider file number SUB20240037, known as the Plat of 331 Chukanut Drive. Hearing Examiner Sharon Rice presided over the hybrid public hearing, with participants both in person and via Zoom. The hearing addressed a preliminary plat application for a 33-unit cluster subdivision on a 3.9-acre site that had previously served as a permitted fill site in the 1990s. Present were city staff including Senior Planner Kathy Bell, Development Services Manager Kurt Nabbefeld, Planner Ryan Nelson, and Project Engineer Paul Randall-Grutter from Public Works. The applicant team included civil engineer Nick Palowicz and wetland biologist Colin Van Slyke. Several residents from the surrounding neighborhood, particularly the Robin Lane Mobile Home Park, testified about concerns regarding stormwater drainage and flooding impacts. This hearing was notable for the extensive technical discussion of stormwater management and the passionate community engagement around flooding concerns in an area with known drainage challenges and a high water table. ## The 331 Chukanut Drive Development Proposal The project involves developing a vacant 3.9-acre site at 331 Chukanut Drive North with 33 residential units through the city's cluster subdivision process. The proposal includes 21 townhouse units in five buildings and 12 cottage units, representing infill development with a 10-unit density bonus permitted under city code. City Senior Planner Kathy Bell explained the regulatory pathway: "This proposal requires three separate land use applications, two of which have already been issued through a consolidated permit, and those were the critical areas permit and the design review permit." The consolidated permit was issued on October 1, 2025, with no appeals received. The preliminary plat application requires hearing examiner approval through this public hearing process. The site's unique history as a permitted fill site from the 1990s creates both challenges and opportunities. Bell noted: "We don't have a lot of fill sites in the city. This is one of only a few that I can think of, so they're a challenge when we look at redevelopment opportunities, but they are also an opportunity." The existing house and detached accessory building would be demolished to make way for the new development. Access would be provided through a single driveway off Chukanut Drive North, connecting to a priv…
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### Meeting Overview The Bellingham Hearing Examiner held a public hearing on November 19, 2025, to consider a preliminary plat application for the Platte of 331 Chukanut Drive. The hearing focused on a proposal to subdivide a 3.93-acre filled site into 33 residential lots using the city's cluster subdivision process, including townhomes and cottages with a 10-unit density bonus. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney contracted by the City of Bellingham to hear and decide certain land use applications. Sharon Rice serves in this capacity for Bellingham and nine other jurisdictions. **Cluster Subdivision:** A development technique that allows density to be concentrated in clusters while preserving open space and avoiding sensitive environmental features like wetlands and steep slopes. **Type 2 vs. Type 3 Permits:** Type 2 permits (like design review and critical areas) are administrative decisions made by staff. Type 3 permits (like preliminary plats) require a public hearing before the hearing examiner. **Critical Areas:** Environmentally sensitive lands including wetlands, streams, and habitat conservation areas that receive special protection under city code. **Infill Housing:** Development that fills in vacant or underutilized parcels within existing neighborhoods rather than expanding into undeveloped areas. **HPA (Hydraulic Project Approval):** A permit required from the Washington Department of Fish and Wildlife for any work that affects fish-bearing waters or streams. **SEPA (State Environmental Policy Act):** Washington's environmental review process that evaluates potential impacts of development projects. **100-year vs. 500-year Flood:** Engineering terms for storm events with a 1% (100-year) or 0.2% (500-year) chance of occurring in any given year, used for stormwater system design. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney) | | Kathy Bell | Senior Planner, City of Bellingham | | Ryan Nelson | Planner 2, City of Bellingham | | Paul Randall-Grutter | Project Engineer, Public Works Department | | Nick Palowicz | Civil Engineer and Applicant's Agent | | Colin Van Slyke | Senior Wetland Biologist, Northwest Ecological Services | | Steve Wilson | Public Commenter (1733 Old Samish Road) | | Joe Boyd | Public Commenter (425 Chukanut Drive North #8) | | Elsa King | Public Commenter (1407 Iris Lane) | | Christopher Grannis | Public Commenter | | Linda Lee | Public Commenter | | Dick Farnell | Public Commenter (Robin Lane Mobile Home Park) | | George Hayne…
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Land Use & Planning Environmental Government Operations Army Corps Bellingham Hearing Examiner Fairhaven Middle School Northwest Ecological Services Wdfw Christopher Grannis Colin Van Slyke Dick Farnell Elsa King George Haynes Joe Boyd Kathy Bell Linda Lee Nick Palowicz Paul Randall Grutter Ryan Nelson Sharon Rice Steve Wilson Affordable Housing Climate Change Climate Change Adaptation Cluster Subdivision Critical Areas Permit Design Review Fairhaven Neighborhood Flood Mitigation Geotechnical Analysis Infill Development Mobile Home Park Preliminary Plat Stormwater Management Traffic Impact Traffic Impact Analysis Wetland Mitigation