City of Bellingham Hearing Examiner
The Bellingham Hearing Examiner conducted a consolidated public hearing on the Woods at Viewcrest subdivision proposal, a controversial 38-lot development on 37.7 acres at 352 Viewcrest Road in the Edgemoor neighborhood. The hearing combined five permit applications (subdivision, critical areas permit, shoreline substantial development permit, shoreline conditional use permit, and variance applications) with an ongoing SEPA appeal by Protect Mud Bay Cliffs. The Ansey Jones Family LP seeks to develop property owned by the family for 70 years, reducing their proposal from an initial 44 lots to 38 lots on a site that could theoretically support up to 82 units under current zoning. The project clusters development on the flatter northern portion of the property while preserving the entire 200-foot shoreline buffer along Chuckanut Creek Pocket Estuary (known as Mud Bay) in a permanent conservation easement. The most contentious aspect involves a stormwater outfall pipe that would run down the steep slope to discharge treated stormwater above the beach. The 12-inch HDPE pipe would be surface-mounted to minimize tree removal and vegetation impacts, with enhanced water treatment and a dispersion system to reduce erosion. Only 4.5 acres of development would drain to this outfall, representing less than 0.5% physical impact to the shoreline jurisdiction. City staff recommended approval with conditions after four rounds of additional information requests over four years of review. Staff concluded the project demonstrates compliance with critical areas, shoreline management, and subdivision codes, achieving "no net loss" of environmental functions through extensive mitigation measures and design modifications. Public opposition was intense, with over 100 people attending to provide testimony. Opponents argued for denial based on environmental impacts to the sensitive pocket estuary, inadequate stormwater management, flooding concerns, wildlife habitat disruption, and the ne
No formal votes were taken as this was a public hearing for evidence gathering. The Hearing Examiner will issue a written decision by March 31, 2026, on the following permit applications: **Five Consolidated Permit Applications (HE26PL-001):** - Preliminary subdivision (38 lots) - Critical areas permit - Shoreline substantial development permit - Shoreline conditional use permit - Variance applications (consolidated) **Variance Requests:** - Viewcrest Road improvement variance (applicant accepted staff-recommended denial) - One-sided sidewalk variance for West Road (staff supports) - One-sided sidewalk variance for East Road (applicant ac…
**Decision Timeline:** Hearing Examiner Rice initially targeted March 9, 2026, but extended to March 31, 2026, given the complexity of the consolidated record. Decision will address both permit applications and SEPA appeal. **Post-Hearing Comment Period:** Record remains open for 2 business days for written comments from those experiencing technology difficulties during the Zoom hearing. **Department of Ecology Review:** If shoreline conditional use permit is approved locally, it requires additional review and approval by the Washington State Department of Ecology before construction can proceed. **Street Vacation Process:** Separate street vacation petition is required and contingent with the preliminary plat approval. S…