📋 Public Hearing
City of Bellingham Hearing Examiner
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Meeting Summary
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 open for two additional business days to accommodate potential technology-related public comment submissions.
Study Guide
## MODULE S1: STUDY GUIDE
**Meeting ID:** BEL-HEX-2025-11-19
### 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 Haynes | Public Commenter (425 Chukanut North) |
### Background Context
The 3.93-acre site at 331 Chukanut Drive was used as a fill site in the 1990s, leaving it elevated above surrounding properties. The property contains wetlands, streams, and is adjacent to Fairhaven Park (also called 100 Acre Wood). An existing culverted stream crosses the property, draining stormwater from upstream properties including the Robin Lane Mobile Home Park.
This hearing was actually the second scheduled hearing—the first was canceled to allow the appeal period for related Type 2 permits to expire. The project requires three separate permits: critical areas review, design review (both already approved), and this preliminary plat approval.
Community concerns center on stormwater drainage and flooding risks, particularly for downstream neighbors in the mobile home park and along Iris Lane. The area has a high water table and experiences seasonal flooding, leading to questions about whether the development will worsen these conditions.
### What Happened — The Short Version
The applicants presented their plan for 33 housing units (21 townhomes and 12 cottages) with extensive wetland restoration and a new stormwater system. They propose redirecting an existing stream from its current route through private property to a connection with the main storm drain in Chukanut Drive, which they argue will improve drainage for the area.
City staff recommended approval, finding the application meets all decision criteria for a cluster preliminary plat. They emphasized this is a preliminary review—detailed engineering review will occur later during construction permitting.
Seven community members testified, raising concerns about flooding risks, traffic impacts from nearby Fairhaven Middle School, construction truck routes, and whether current stormwater standards adequately account for climate change. Some questioned the technical calculations presented by the applicants.
The hearing examiner will issue a written decision within 15 business days, with the record held open briefly for any post-hearing comments from those who experienced technical difficulties.
### What to Watch Next
- **Decision deadline:** December 16, 2025 (or December 18 if post-hearing comments are received)
- **Appeals:** Any party may appeal the hearing examiner's decision to the City Council
- **Final engineering review:** If approved, detailed construction drawings will undergo separate city review before building permits can be issued
- **Construction monitoring:** Geotechnical monitoring will be required during construction due to the site's fill history
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