The Woods at Viewcrest

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Hearing Examiner Proceedings Update

Hearing Examiner proceedings have concluded. We anticipate decisions will be issued for the consolidated SEPA appeal and permit hearing no later than March 31, 2026. The full post-hearing schedule can be found on the Hearing Examiner’s website.

Project Overview

The City received applications for a new residential subdivision on a vacant 37.7-acre site located generally in the 300 Block of Viewcrest Road and Area 7 of the Edgemoor Neighborhood. The submitted proposal consists of 38 single-family lots and three open-space tracts. The lots are proposed to be accessed from both Viewcrest and Sea Pines Roads and served by extensions of public water and sewer from the existing infrastructure in Viewcrest Road. Stormwater management is proposed to comply with Chapter 15.42 BMC.

A phased preliminary plat to subdivide approximately 37.7 acres of land into 38 detached, single-family lots and 3 reserve/open space tracts. The lots range in size from 8,439 to 53,118 square feet. Retention of approximately 80% of the site’s existing forested condition is proposed.

The lots are proposed to be accessed from Viewcrest Road, Sea Pines Road, a private driveway from S Clarkwood Drive, newly dedicated and constructed streets off Viewcrest Road and from private on-site alleys. Variances have been requested from the requirements to 1) construct the platted 10th Street right of way located within the preliminary plat, 2) eliminate the required sidewalk on one side of the newly dedicated streets and 3) increase the number of lots that can be served by a single private driveway from 8 to 10 lots.

The proposed lots will be served with public infrastructure including water, sewer and stormwater management. The extension of public water and sewer mains is proposed to comply with city codes. Stormwater mitigation is proposed in two separate systems, a stormwater detention facility proposed adjacent to Viewcrest Road and an above ground public conveyance system. Both systems are designed to comply with federal, state and city codes with enhanced treatment on site.

Public access through the site is proposed through the construction of a trail network connecting Clarkwood Plat and Viewcrest Road to Sea Pines Road. Public access through the site directly to Chuckanut Bay is not proposed.

The site contains regulated critical areas, including wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas and their associated buffers. Impacts to wetland buffers are proposed to allow the construction of a public trail. Impact to some of the onsite geologically hazardous areas is proposed with mitigation provided compliant with city code.

A Shoreline Substantial Development Permit and Shoreline Conditional Use Permit are required for the placement of the proposed public stormwater conveyance pipe and energy dissipater outfall within shoreline jurisdiction but above the elevation of the high tide line of the Chuckanut Creek pocket estuary.

A street vacation of portions of the unimproved Quinault, 8th, 10th, Fairhaven and Baker Streets within the Amended Map of South Fairhaven Plat is proposed. Compensation for the vacated rights of way is proposed to be offset through the dedication of the new streets.

Project Status

Hearing Examiner Staff Report – Issued

The staff report and supporting material can be accessed via the Hearing Examiner Case Decisions webpage under Preliminary Plat – 352 Viewcrest Road.

Hearing Examiner Public Hearing – Concluded and Awaiting Decision

The City of Bellingham Hearing Examiner held a public hearing on the land use applications on January 14, 2026. Because the public hearing procedures have concluded, the City can no longer accept public comment on the proposal, with one exception. For those who were not able to testify at hearing due to technology or access issues, the record will be held open for two business days (through January 16, 2025, 5 p.m.) for post-hearing written public comment. Public comment meeting this criteria should be sent to kbowker@cob.org. 

A notice of the hearing was issued December 17, 2025, and additional details regarding the public hearing can be found in that notice. 

Public Comments Received

Addtional Comments through January 14, 2026

SEPA Appeal – Concluded and Awaiting Decision

The City completed a State Environmental Policy Act (SEPA) environmental review and issued a Mitigated Determination of Nonsignificance (MDNS) on July 25, 2025. We received an appeal on that SEPA determination. Hearing Examiner proceedings to consider the appeal occurred January 12 through January 16, 2026. 

How to Provide Public Comment

Public comment has closed, with one exception. Please see the “Hearing Examiner Public Hearing – Concluded” section above for that exception. 

All comments submitted during the 30-day comment period for this proposal will be read and carefully considered by the City before a decision or staff recommendation is issued.

Comments will be appropriately considered by staff as they prepare materials and recommendations for the public hearing before the Hearing Examiner.

Each application type has criteria that must be met in order to be approved. You are encouraged to review the application materials provided on this page and comment how you believe the applicable criteria either are or are not met.  

  1. Review application materials – this is key.
  2. Be as clear and concise as possible.
  3. Stick to relevant points.
  4. List specific code requirements an applicant is or is not meeting, and any gaps or errors in the City’s findings.
  5. Explain why you’re interested – will it affect you directly or indirectly?
  6. Share experiences or data that explain your perspective – be sure to tell us where you found data.
  7. List specific impacts – if you can, include how those impacts might be measured.
  8. Share your ideas and potential solutions.

The following additional information should be considered prior to submitting public comment: 

  • All public comments are non-exempt public records and will be incorporated into the official record related to this development proposal.
  • All comments received may be published on the City’s webpage for this development proposal.
  • The city will send a copy of all future notices and decisions about this development proposal to all individuals who submit a comment.

Public Comments Received

Comments received March 25 – April 4, 2024

Comments received April 5 – April 9, 2024

Comments received April 10 – April 20, 2024

Comments received April 21 – April 23, 2024

Comments received April 23 – April 25, 2024

Comments received April 29 – May 31, 2024

Comments received June 1 – July 31, 2024

Comments received August 1 – October 31, 2024

Comments received December 1 – 31, 2024

Comments received January 1 – 31, 2025

Comments received April 15 – June 10, 2025

About the SEPA Review Process

About the SEPA-review process generally

During a SEPA review, subject matter experts (e.g., stormwater and shorelines), from multiple City departments assess the area, all the environmental information and studies submitted (by both the applicant and through public comment) and known, and provide their analysis to the SEPA responsible official. The SEPA official considers this analysis and other studies, reports, public comments, codes and ordinances and issues a threshold determination based on a complete and thorough review of all the materials.  

The threshold determination can be: 

  • A determination of significance (DS), which would require an environmental impact statement to be prepared, evaluating the proposal;  
  • A determination of nonsignificance (DNS), which means the proposal is unlikely to have significant adverse impacts; 
  • Or, as in the case of this project, a mitigated determination of nonsignificance (MDNS), which includes additional mitigation measures intended to eliminate or reduce the environmental impacts below the level of significance. Importantly, a DNS and MDNS does not mean that a project will have no impacts on the environment. Instead, these decisions mean that the project, as proposed and mitigated, will not result in significant adverse environmental impacts. 

About the SEPA review for this project

  • The City completed the State Environmental Policy Act (SEPA) environmental review and issued a Mitigated Determination of Nonsignificance (MDNS) on July 25, 2025. The MDNS included additional mitigation measures that will reduce the degree of potential environmental impacts from the proposal.
  • The City accepted public comment in response to the SEPA determination during the 14-day public comment period, which ended on August 8, 2025.
  • On August 7, 2025, the City received an appeal of the MDNS with supplemental appeal information received on August 8, 2025. The appeal was submitted by the organization Protect Mud Bay Cliffs.
  • Next, the SEPA appeal will be heard by the City’s Hearing Examiner. The hearing is scheduled to take place between January 12-16, 2026. Notice of the hearing will be issued per timeline requirements. While only those directly involved in the appeal can testify, everyone is welcome to watch the hearing.

Appeal of the July 25, 2025 SEPA Mitigated Determination of Nonsignificance

Public comment addendum

Mitigated Determination of Non-Significance

SEPA Report

Public Comment on SEPA MDNS

About the Consolidated Application Review and Permit Process

The proposal requires approval of the land use permit applications listed below. The applicant has requested that the land use permit applications be consolidated. This means that the Hearing Examiner will review these permit applications under the highest permit type number, a “Type III-B” in this case. Type III-Bs require a public hearing.

  • Prior to the public hearing, staff will review the land use applications for code compliance and prepare a staff report that addresses code compliance and will include recommendations to the Hearing Examiner on whether each individual land use application should be approved, approved with conditions, or denied.  
  • The Hearing Examiner will hold an open record public hearing on these permit applications (the date of that hearing has not yet been set).  
  • After approximately 14-days the Hearing Examiner will issue decisions on each of the land use permit applications.   

  • Type II: Critical Areas Permit  
  • Type II: Shoreline Substantial Development Permit  
  • Type III-A: Shoreline Conditional Use Permit  
  • Type III-B: Preliminary Plat and Subdivision Variance  

The required public hearing before the Hearing Examiner was delivered December 17, 2025. The notice for the public hearing including the hearing date, time and location will be sent to all parties of record prior to the hearing. Staff issues a recommendation in the form of a staff report to the hearing examiner prior to the hearing. 

  • On March 18, 2025, the applicant requested to consolidate review of the Type I, II and III land use applications associated with the proposal (pursuant to BMC 21.10.060).
  • On April 4, 2025, the City accepted that request to consolidate.
  • Next, the City’s Hearing Examiner must hold a public hearing on the proposal and then issue a decision on all of the land use permit applications. The hearing is scheduled to take place between January 12-16, 2026. Notice of the hearing will be issued per timeline requirements.

Additional Information

What information will be considered in making this decision?

The Hearing Examiner will review staff’s recommendation on the Critical Areas application for consistency with the critical areas ordinance, specifically BMC 16.55.020. Supporting materials on critical areas that were submitted by the applicant will be provided as exhibits to the staff report. Supporting materials on critical areas that were submitted by the applicant will be provided as exhibits to the staff report.  

What information will be considered in making this decision?

The Hearing Examiner will review the staff’s recommendation on the Shoreline Substantial Development Permit application for consistency with BMC 22.06.030(C) and (D). Supporting materials for the shoreline substantial development permit that were submitted by the applicant will be provided as exhibits to the staff report.

Shoreline Conditional Use Permit

The Hearing Examiner will review the staff’s recommendation on the Shoreline Conditional Use Permit application for consistency with the decision criteria pursuant to BMC 22.06.050(C). Pursuant to BMC 22.06.050(E), City staff’s recommendation will include an analysis of cumulative impacts that might occur if similar conditional uses were proposed within Chuckanut Bay. Supporting materials on shoreline conditional use permit that were submitted by the applicant will be provided as exhibits to the staff report. The Hearing Examiner’s decision is forwarded to the Washington State Department of Ecology for a final decision.   

Preliminary Plat and Subdivision Variance

The hearing examiner will review staff’s recommendation on the Preliminary Plat and Land Division Variance applications for consistency with the decision criteria pursuant to BMC 23.16.030 and BMC 23.48.040. Supporting materials on the preliminary plat and subdivision variance that were submitted by the applicant will be provided as exhibits to the staff report. 

The Street Vacation and the SEPA determination are not permits and therefore not subject to consolidation as described above. 

Who makes decisions about Street Vacations?

Street Vacations require open record hearings before the Hearing Examiner, who issues a recommendation to the City Council. The City Council holds a closed record hearing and issues the final decision. 

What information will be considered in making this decision?

The Hearing Examiner’s recommendation will determine consistency with the City’s adopted street vacation policies, Chapter 13.50 BMC, and Chapter 35.79 RCW.

Who makes SEPA determinations?

The City’s SEPA Official will issue an environmental threshold after evaluating the anticipated environmental impacts resulting from the proposal.

What information will be considered in making this decision?

We consider all application materials, including reports, and public comment. An environmental review consistent with the State Environmental Policy Act will be conducted by the City after the end of the public comment period.

View Application Materials

The application materials, reports and supporting material in this section comprise the entire application review materials that will be used to review the proposal for compliance with the municipal code. Staff may require additional reports or studies to supplement the application materials based on public comments or needed information. This page will be updated to include any new materials submitted.

Plans

Reports

Previous Application Submittals

The below information is provided for reference only, and has been replaced in its entirety by material above (the current application at the top of the page). Comments for the below material will no longer be considered. Please provide comments on material above only.

Application and Narrative

State Environmental Policy Act (SEPA)

Plans

Reports

Supporting Documents

Application and Narrative

June 20, 2023 Application and Checklists
Project Narrative

State Environmental Policy Act (SEPA)

Expanded SEPA Checklist

Plans

Exhibit A – Project Plans
Exhibit I – Phasing Plan
Exhibit J – Right of Way Vacation & Dedication
Exhibit K – Variance Exhibits
Exhibit L – Vegetation Management Plan
Exhibit S – Tree Survey

Reports

Exhibit B – Critical Areas Reconnaissance
Exhibit C – Wetland Delineation & Critical Areas Summary
Exhibit D – Wildlife Habitat Assessment
Exhibit E – Geotechnical Investigation & Geohazard Report
Exhibit F – Preliminary Stormwater Management Report
Exhibit G – Traffic Impact Analysis
Exhibit R – ELEMENT Memo
Exhibit T – Water System Analysis Memorandum

Supporting Documents

Exhibit M – Subdivision Guarantee
Exhibit N.1 – Assessor Tax Statements
Exhibit N.2 – City Maps
Exhibit N.3 – Transporation Concurrency Certificate
Exhibit N.4 – Vesting Deed
Exhibit N.5 – Mailing Labels (1-31-2022)
Exhibit N.6 – Mailing List (1-31-2022)
Exhibit N.7 – Mailing Verification
Exhibit N.8 – Neighborhood Meeting Notice
Exhibit N.9 – Neighboring Subdivision
Exhibit O – Prior Right of Way Vacation Documents
Exhibit P – Easement Relinquishment Request
Exhibit Q – Clarkwood Tracts Documents
Exhibit U – TRC Letter for Street Vacation
Exhibit V – RFI #1 Response (Transmittal Memorandum & Letter)

On November 23, 2022, the City received revised application materials from the applicant in response to the April 28, 2022 Request for Information. As stated by the applicant, these revised application materials are intended to replace the March 8, 2022 application materials.

Application

November 22, 2022 Application and Checklists
RFI #1 Response (Transmittal Memorandum & Letter)

Narrative & SEPA

November 22, 2022 Project Narrative

November 22, 2022 SEPA Checklist

Plans – Updated

Reports

Subdivision Guarantee

Exhibit M – Subdivision Guarantee

Supporting Documents

The Critical Areas and Shoreline Substantial Development applications are administrative decisions reviewed through a Type I or Type II review process.

The Preliminary Plat, Land Division Variance and Shoreline Conditional Use applications require separate public hearings before the Hearing Examiner through a Type III-A or Type III-B review process. The Street Vacation is processed through the procedures outlined in Chapter 35.79 RCW with the Hearing Examiner making a recommendation to the City Council for a final decision.

The Hearing Examiner will hold individual public hearings to take testimony on the Preliminary Plat, Land Division Variance, Shoreline Conditional Use and Street Vacation applications. The Hearing Examiner issues the final decision on the Preliminary Plat and Land Division Variance, and forwards a recommendation on the Shoreline Conditional Use Permit to the Department of Ecology for final review and approval and issues a recommendation to the City Council on the Street Vacation.

Application

Application – SUB2022-0011

Project Narrative – The Woods at Viewcrest

Critical Areas

Preliminary Plat & Variance

Reports

SEPA

Shoreline Conditional Use

Shoreline Conditional Use Permit Narrative

Street Vacation

Public Comment Received on Previous Applications

The public comments below were received prior to the issuance of the Notice of Application.

Contacts

Participating Departments

Affected Neighborhoods

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