# Hearing Examiner Approves Dover Street Townhomes Despite Environmental Constraints ## Meeting Overview On the evening of October 22, 2025, City of Bellingham Hearing Examiner Sharon Rice convened a public hearing at the Planning Department offices to consider a subdivision application for six townhomes on Dover Street. The project, known as the Dover Street Townhouse Cluster Short Plat (File SUB2024-0043), represented the final piece of development in a challenging pocket of land surrounded by major arterials near Costco. The hearing was notably quiet, with only three participants: Hearing Examiner Rice appearing remotely via Zoom, applicant representative Ali Taishi from ABT Consulting, and city planner Ryan Nelson. Property owner Mr. Edelstein from Greenbrier Construction was present in Taishi's office but chose not to testify. No members of the public attended either in person or online, despite notices being mailed to all property owners within 500 feet. This lack of opposition marked a stark contrast to previous controversial developments in the area, where residents along nearby Garland Lane had voiced significant concerns. The project's quiet reception may reflect its modest scale—just six units where zoning would allow up to 24—and its thoughtful design around significant environmental constraints. ## The Dover Street Development Challenge The 4179 Dover Street property presented unique development challenges that shaped every aspect of the proposed subdivision. Ali Taishi walked the hearing examiner through an aerial view showing the site's complex context: nestled between Costco's massive parking lot to the west, Arctic Avenue to the north, and surrounded by major arterials including Bakerview Road and Northwest Avenue. "It is a unique location," Taishi explained, highlighting how the western portion of the property is encumbered with wetlands and steep slopes that drop off dramatically from the relatively flat area near Dover Street. "A major component of this design and working with the city was kind of that avoidance component of mitigation sequencing for critical areas, trying to avoid direct impacts, reduce buffer impacts, and also avoid the steep slopes as much as possible." The property contains two wetlands regulated under the city's Critical Areas Ordinance, along with geologically hazardous steep slopes. These constraints pushed the development footprint into the eastern third of the property, where six three-story townhomes with daylight basements could be built without direct wetland impacts. City Planner Ryan Nelson provided crucial context about the area's development history, explaining how the site had evolved from a simple single-family residence proposal in 2017 to the current infill project as regulations changed to allow greater density. "It's been a really tricky one to go from project to project, and the timing of the land use approvals," Nelson noted. "It's been a little bit of a moving target." The project connects to two other recently approved developments in the immediate area, creating a small cluster of higher-density housing in what was previously an isolated dead-end area. Unlike many contentious development hearings, this project had generated no public opposition during the comment period or neighborhood meetings. ## Innovative Design Solutions The Dover Street project required creative solutions to overcome site constraints while meeting city requirements. The most unusual aspect involves detached garages placed across a private lane from the townhomes themselves—a design choice driven by the challenging topography. "The townhouses do not have garages. They're 3 stories with a daylight basement, kind of built onto the slope, and then there'll be a row of detached garages on the opposite side of the lane," Taishi explained. Each unit will own both its townhome and its garage on separate lots connected by a private drive aisle. Nelson acknowledged the unusual lot configuration: "The garage design is unique. I haven't specifically had a project like this where we have the garages on the other side." The design emerged from practical constraints—placing garages within the main structures would require building a garage on the main floor, a basement below that, and another floor above, creating both construction and marketability challenges. The project incorporates significant retaining walls to manage the steep topography, particularly around the parking area at the north end of the development. These walls will receive architectural treatment and landscaping as required by the city's design review process. Access comes from Dover Street, which will terminate in a new cul-de-sac to be built by whichever adjacent project proceeds to construction first. The applicant understands this "first-come, first-served" arrangement and has not requested latecomer agreements for cost sharing. ## Environmental Mitigation and Tree Preservation The project's environmental impacts were carefully managed through the city's consolidated permit process, which addressed critical areas and design review simultaneously. Nelson detailed the comprehensive tree mitigation required: "20 trees are proposed for removal outside the critical area buffer, 6 trees are proposed for removal within the critical area buffer, and 15-foot building setback from the buffer, and 8 trees are proposed for preservation." The city required different replacement ratios depending on tree location: a 3-to-1 replacement ratio for trees removed within wetland buffers and building setbacks, and 1-to-1 replacement for other tree removal. The applicant proposed 38 replacement trees to meet these requirements. Importantly, no landmark trees—those 36 inches in diameter or greater—were found within the development footprint, simplifying the approval process significantly. The preservation of existing buffer areas and on-site mitigation allowed the project to achieve no net loss of wetland functions. Wetland impacts were minimized through buffer averaging, a technique that allows some buffer reduction in exchange for enhancement elsewhere on the site. "They were able to utilize the averaging provision to equate to basically a positive increase in total buffer, as a result of the project," Nelson explained. The western portion of the property will remain in a permanent conservation easement, with residents able to enjoy passive views of the wetland from small private patios but prohibited from accessing the critical area itself. ## Public Trail Connection A key city requirement involved providing pedestrian connectivity through the site to compensate for the private lane dead-ending rather than connecting through to adjacent developments. The project will dedicate a 10-foot public trail easement along the eastern sidewalk, connecting Dover Street to Mahogany Drive to the north. "In working with city staff and public works staff in the development of this project, it was determined that a through connection of Dover as a vehicular road was not necessary or appropriate because it would exit in very close proximity to this intersection of Arctic and Mahogany," Taishi explained. The trail provides access to public parkland to the north and alternative routes for residents of the Dover Street subdivision. The trail will require stairs to manage steep topography at the property line, connecting with stairs being installed by the approved development to the north. Signage at both ends will clearly mark the public access route. Nelson emphasized the importance of this connectivity: "That public pedestrian connectivity through the site's really important for staff, particularly given that the proposed private land's gonna dead end." The requirement reflects the city's broader goals of maintaining pedestrian networks even when vehicular connections aren't feasible. ## Stormwater Management Innovation The project incorporates an innovative stormwater management approach that evolved during the design process. Originally planned with on-site stormwater facilities discharging to adjacent wetlands, the design shifted to utilize excess capacity in a regional detention pond built to serve Costco. "The civil engineer happened to be working on all three of these projects, and working with Public Works, determined that the stormwater from these sites could route to a regional public facility," Taishi explained. This "pay-to-play" arrangement allows the developer to purchase capacity in the existing regional facility rather than building and maintaining separate on-site systems. The large blue detention facility northwest of Costco was designed with extra capacity specifically to accommodate future development in the area. This regional approach reduces the environmental impact on sensitive wetlands while providing more reliable long-term stormwater management. Nelson noted that final stormwater design remains flexible: "At the end of the day, we'll require them to submit a final stormwater plan that'll be reviewed and approved by the Public Works Department." The applicant can proceed with either the original on-site approach or the preferred regional connection. ## Addressing Safety Concerns During the hearing, Nelson raised a potential safety issue regarding the significant retaining walls and steep grades around the parking area. He requested consideration of a condition requiring guardrails or protective barriers where warranted by building codes. "I think given the height of the retaining wall here, and the parking lot, and the maneuvering area, that guardrail protection, protective fencing, something of that nature would be appropriate," Nelson testified. Taishi responded that building codes already contain specific requirements for both pedestrian railings and vehicle stop barriers based on height thresholds. He proposed alternative language that would reference applicable building codes rather than leaving the decision to staff discretion: "The applicant shall install pedestrian and or vehicle barriers along site retaining walls as required by applicable codes." The hearing examiner indicated this approach would be appropriate, ensuring safety compliance while maintaining objective standards. Nelson agreed with the revised language, acknowledging it provided a more reasonable framework for implementation. ## School Transportation and Infrastructure The project's location presents some challenges for school access, as Nelson confirmed the site is "not within walking distance to any of the schools." However, infrastructure exists to support safe routes to school bus service. Taishi provided detailed testimony about transportation options: "All three of the schools, elementary, middle, and high school, are all bus schools in this location, and the bus pickup for all those schools is right here, at the intersection of Northwest, and Garland Lane." Existing and proposed sidewalks will provide a direct route from the development to the bus stop, ensuring safe pedestrian access for school-age children. The infrastructure investment in the Dover Street area, including the new cul-de-sac and sidewalk connections, supports the city's goals of providing safe routes to transit even in previously isolated areas. ## Density and Zoning Compliance The hearing examiner questioned whether the city had concerns about developing only six units when zoning would theoretically allow up to 24 infill toolkit units. Nelson's response highlighted the practical constraints that make higher density impossible on this particular site. "On the subject property, it's almost over half encumbered by critical area buffers. It has significant grade challenges," Nelson explained. "Really, the only reasonable development of the property, based on the information provided by the applicant and their design here is really 6 units." The project's modest density reflects thoughtful site planning rather than a missed opportunity for increased housing production. Environmental constraints and steep topography limit buildable area to the eastern portion of the property, where six units represent an appropriate balance between housing goals and environmental protection. The development utilizes the city's infill toolkit provisions, which allow for more flexible design standards in exchange for increased density. The three-story townhomes with minimal setbacks and shared parking areas maximize the use of available buildable area while respecting critical area buffers. ## Closing and What's Ahead The hearing concluded without controversy, reflecting the project's careful design and comprehensive pre-hearing review through the consolidated permit process. Taishi noted that extensive coordination with various city departments during design development had resolved potential issues before the formal hearing. "This was such a unique site, and because there was these other sites adjacent to it, there was a lot of interaction with the city, various departments on this, in the design development stage, so we had to hash out everything up front," he explained. Hearing Examiner Rice will hold the record open through October 24th for any post-hearing public comment from individuals who experienced technology difficulties participating in the virtual meeting. Staff and the applicant will have two business days to respond to any such comments, with a final decision deadline of November 7th if no additional comments are received, or November 12th if responses are required. The Dover Street project represents the final piece of development in this challenging area near Costco, completing a transition from isolated single-family housing to a small cluster of infill development that makes efficient use of constrained urban land while protecting sensitive environmental features. The project's approval reflects the city's commitment to both environmental protection and thoughtful densification in appropriate locations.

### Meeting Overview The City of Bellingham Hearing Examiner Sharon Rice conducted a land use hearing on October 22, 2025, to review a cluster subdivision proposal for the Dover Street Townhouse project. The hearing was for 6 townhouse units on 4179 Dover Street, with the applicant seeking subdivision approval for the last undeveloped property in this area near Costco. ### Key Terms and Concepts **Cluster Subdivision:** A development approach that groups buildings together on smaller lots while preserving open space, often used to work around environmental constraints like wetlands. **Critical Areas:** Environmentally sensitive lands including wetlands, steep slopes, and geologically hazardous areas that have special development restrictions and buffer requirements. **Infill Toolkit:** City regulations that provide flexibility for higher-density development in urban areas, allowing projects like townhouses in single-family zones. **Buffer Averaging:** A technique that allows development to encroach into required wetland buffers in some areas while providing larger buffers elsewhere, resulting in no net loss of protected area. **Conservation Easement:** A legal restriction placed on property to protect environmental features like wetlands from future development or disturbance. **Hearing Examiner:** An independent attorney who makes decisions on land use applications, providing a quasi-judicial review of whether projects meet city codes. **Mitigation Sequencing:** The required approach of first avoiding environmental impacts, then minimizing them, and finally compensating for unavoidable impacts through restoration or enhancement. **Public Trail Easement:** Dedicated land that allows public pedestrian access through private property to connect neighborhoods and provide alternative routes. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | City of Bellingham Hearing Examiner (appearing remotely) | | Ali Taishi | Project representative, ABT Consulting | | Mr. Edelstein | Property owner, Greenbrier Construction | | Ryan Nelson | City of Bellingham Planning Department staff | | Ms. Bowker | City staff managing hearing logistics | ### Background Context This property represents the final piece of undeveloped land in an area that has seen significant residential development following the construction of Costco. The site is challenging to develop due to steep slopes, wetlands, and its location at the end of Dover Street. The city has been working to balance increased housing density with environmental protection while ensuring adequate infrastructure and pedestrian connections. The project is part of a larger pattern of infill development that supports the city's comprehensive plan goals for housing diversity and environmental stewardship. Two other similar projects are already approved for adjacent properties, making this the completion of a small neighborhood cluster. ### What Happened — The Short Version The applicant presented a proposal for 6 townhouse units arranged in two buildings with detached garages across a private lane. The design works around significant environmental constraints including wetlands and steep slopes that cover much of the property. The project includes environmental mitigation, tree replacement, and a public trail easement connecting Dover Street to Mahogany Street. City staff recommended approval with conditions, noting the project meets all applicable codes and comprehensive plan policies. No public opposition was received during the comment period or at the hearing. The hearing examiner will issue a written decision within 10 business days, with the record remaining open until October 24th for any post-hearing public comment. ### What to Watch Next - Hearing examiner decision due by November 7th (or November 12th if post-hearing comments are received) - Construction of Dover Street cul-de-sac by whichever adjacent project begins construction first - Building permit applications that will trigger actual infrastructure construction requirements ---

**Q:** What is the file number for this subdivision application? **A:** SUB2024-0043, known as the Dover Street Townhouse Cluster Short Plat. **Q:** How many townhouse units are proposed in this project? **A:** 6 townhouse units arranged in two buildings with detached garages. **Q:** Who is the hearing examiner for this case? **A:** Sharon Rice, an attorney who provides hearing examiner services on contract to Bellingham and 9 other jurisdictions. **Q:** What is the address of the property being subdivided? **A:** 4179 Dover Street, Bellingham. **Q:** What company does the applicant representative work for? **A:** Ali Taishi works for ABT Consulting and represents property owner Greenbrier Construction. **Q:** How many trees will be removed and replanted as part of this project? **A:** 26 trees will be removed (20 outside buffer, 6 inside buffer), with 38 replacement trees planted. **Q:** What major retail store is located adjacent to this property? **A:** Costco, with its large parking lot directly west of the development site. **Q:** Why doesn't the project connect Dover Street through to Arctic Avenue? **A:** Due to topography, critical areas, and the fact that it would create an intersection too close to the existing Arctic/Mahogany intersection. **Q:** What special pedestrian feature is required for this project? **A:** A 10-foot public trail easement along the east side connecting Dover Street to Mahogany Street. **Q:** How many business days does the hearing examiner have to issue a decision? **A:** 10 business days from when the record closes, which is November 7th unless post-hearing comments are received. **Q:** What unique stormwater management option is being considered? **A:** Connecting to a regional detention pond that serves Costco instead of building on-site stormwater facilities. **Q:** What type of development standards apply to this project? **A:** Infill toolkit requirements under BMC 2028, which allow higher density and design flexibility. **Q:** Who will be responsible for building the Dover Street cul-de-sac? **A:** Whichever adjacent development project (this one or the eastern neighbor) applies for construction permits first. **Q:** What environmental features constrain development on this property? **A:** Wetlands, wetland buffers, steep slopes, and geologically hazardous areas cover much of the western portion. **Q:** How will the townhouses be oriented on the site? **A:** Three-story units with daylight basements built into the slope, accessed by a private lane from Dover Street. **Q:** What additional condition did city staff propose regarding retaining walls? **A:** Installation of pedestrian and vehicle barriers along site retaining walls as required by applicable building codes. **Q:** How many people attended this hearing besides city staff and the applicant? **A:** Zero members of the public attended either in person or via Zoom. **Q:** What is the maximum number of units this property could theoretically accommodate? **A:** 24 infill toolkit units, though only 6 are feasible due to environmental constraints. **Q:** When was the consolidated permit for design review and critical areas issued? **A:** October 15th, 2025, just 7 days before this hearing. **Q:** What happens if someone had technology problems and couldn't attend the hearing? **A:** The record remains open for 2 business days (through October 24th) for post-hearing written public comment. ---