Real Briefings
The project, formally titled the "Incentive Program for Innovative Affordable Homeownership Projects," would create 18 total units — 9 primary residences with attached accessory dwelling units — on what is currently a largely undeveloped 3.6-acre property in the Birchwood neighborhood. The development also includes a conditional use permit for City Sprouts Farm, an existing one-acre educational vegetable farm that has operated on the site since 2018.
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- Hearing Examiner will issue written decision (requested 5 additional business days beyond standard timeframe) - Record held open for 2 business days for post-hearing written comments from those with technology issues - If post-hearing comments received, 2-day response period for st…
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# Hearing Examiner Weighs Affordable Housing Project Amid Community Concerns
**September 25, 2024** — In a packed hybrid hearing at Bellingham City Hall that stretched well into the evening, Hearing Examiner Sharon Rice listened to testimony on one of the city's most complex land use applications this year: a proposal by Kulshan Community Land Trust (KCLT) for an innovative affordable housing development combined with an agricultural nursery on Birchwood Avenue.
The project, formally titled the "Incentive Program for Innovative Affordable Homeownership Projects," would create 18 total units — 9 primary residences with attached accessory dwelling units — on what is currently a largely undeveloped 3.6-acre property in the Birchwood neighborhood. The development also includes a conditional use permit for City Sprouts Farm, an existing one-acre educational vegetable farm that has operated on the site since 2018.
## A Test Case for Bellingham's Housing Innovation
Rice, an attorney who works as a hearing examiner for Bellingham and about ten other Washington jurisdictions, opened the hearing by explaining that this would be her first encounter with Bellingham's incentive program regulations. "I have a bunch of work in front of this project, but this project is complicated, and we'll be dealing with regulations I don't believe I've dealt with before," she told the packed room.
The complexity stems from the project's use of Bellingham Municipal Code Chapter 20.29, which allows modifications to standard development regulations in exchange for permanently affordable housing. KCLT is requesting four key modifications: reduced lot sizes (clustering units on lots as small as 3,000 square feet instead of the standard 20,000), a 50% density bonus allowing 9 units instead of 6, smaller parking stall dimensions, and permission to serve all units via a single private lane rather than individual street frontage.
City Senior Planner Kathy Bell explained that KCLT would be only the third applicant to use the incentive program since its adoption in 2004. Previous projects by the same organization included 14 units in Happy Valley (2006) and 3 units on Lafayette Street in Birchwood (2014). "So far, Kulshan Community Land Trust is the only applicant that has brought forward a proposal to use our incentive program," Bell noted.
## The Vision: Community-Oriented Affordable Housing
Ali Taishi, the project's land use consultant, walked the hearing examiner through an amb…
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### Meeting Overview
Sharon Rice, hearing examiner, conducted a public hearing for two related applications: an incentive program for innovative affordable homeownership projects (9 affordable housing units) and a conditional use permit for City Sprouts Farm agricultural nursery. The hearing combined review of both applications under a single process.
### Key Terms and Concepts
**Hearing Examiner:** An appointed attorney who makes final decisions on certain land use applications for the city, operating independently from city staff and elected officials.
**Incentive Program for Innovative Affordable Homeownership Projects:** A city program (BMC Chapter 20.29) that allows modifications to standard development regulations to enable affordable housing projects with permanent affordability restrictions.
**Community Land Trust (CLT):** A nonprofit organization that owns land in perpetuity while selling affordable homes with deed restrictions to qualified buyers, maintaining long-term affordability.
**Conditional Use Permit (CUP):** A special permit required for certain land uses that may be compatible with a zone but need review to ensure they won't negatively impact surrounding properties.
**Agricultural Nursery:** The land use classification under which City Sprouts Farm operates, involving growing plants/produce for distribution rather than purely residential gardening.
**SEPA (State Environmental Policy Act):** Washington state law requiring environmental review of proposed developments, with determinations subject to court appeal rather than administrative appeal.
**Short Subdivision:** A land division creating 9 or fewer lots that requires hearing examiner approval but less extensive review than major subdivisions.
**Coal Mine Hazard Area:** Critical area designation for properties above historic underground coal mines with potential structural stability concerns.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Sharon Rice | Hearing Examiner |
| Kathy Bell | Senior Planner, City of Bellingham |
| Ali Taysi | Applicant representative, ABT Consulting …
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