# City Hearing Examiner Reviews Street Vacation in Berkeley Neighborhood ## Meeting Overview The City of Bellingham's Land Use Hearing Examiner convened on September 24, 2025, for a public hearing on a request to vacate a portion of Burns Street in the Berkeley neighborhood. Hearing Examiner Sharon Rice conducted the hearing remotely due to technical difficulties, while city staff attended in the council chambers in a hybrid format. The matter before Rice was petition VAC2025-0005, submitted by Barclay Company and Talbot Real Estate, seeking to vacate an unimproved section of Burns Street to facilitate future development under the recently adopted Berkeley Urban Village Plan. The hearing proceeded efficiently with no public comment, as the applicant owns all properties within 500 feet of the proposed vacation area. Rice will issue a recommendation to City Council, which retains final decision-making authority on the vacation request. ## The Burns Street Vacation Request The petition seeks to vacate approximately 1.7 acres of unimproved Burns Street right-of-way east of Woburn Street in the Berkeley neighborhood. Senior Planner Steven Sundin explained that this vacation is "phase two of a two-phase exercise" in realigning streets to support development under the Berkeley Urban Village Plan, following the recent vacation of Rimland Street approved by Council on September 15. "Burns Street is unimproved. It lies within the recently adopted Berkeley Urban Village," Sundin testified, displaying an aerial map showing the vacation area in white. "In all of those documents, it was fully contemplated that Burns would be vacated." The vacation would eliminate a street alignment that cuts through developable land, replacing it with a new curved alignment that avoids environmentally sensitive areas. As Sundin explained, "Burns would be vacated because a different right-of-way alignment is sought to facilitate future build-out of all the properties" in the area. Adam Morrow, representing Pacific Surveying and Engineering on behalf of Talbot Group, confirmed the application aligns with broader planning efforts: "These vacations and road realignments were subject and part and parcel to a development agreement that was recently signed by both the mayor of Bellingham and the owner." ## Environmental and Access Considerations A key aspect of the vacation involves protecting wetlands and forested areas while maintaining public access. Sundin showed Rice detailed maps indicating wetland locations throughout the development area, explaining that the new street alignment would minimize environmental impacts. "The right-of-ways are aligned in this way to avoid wetland impacts, and also to retain some forested areas that are a combination of, you know, doug firs, and also sort of a historic orchard that's been on the property for decades, probably back as far as the 40s," Sundin testified. Rice questioned whether the vacation would cut off access to planned open space, referencing city code requirements that vacated right-of-way "shall not lead directly to any park, open space, natural area." Sundin addressed this concern by pointing to a planned trail connection that would maintain public access to conserved open space in what he called "the Northeast 40." "While the street stops short of the park and the natural area, it does lead to it in a sort of informal way. But the fact that the right-of-way and then the trail segment will still provide that access to that natural space allows for that criteria to be met," Sundin explained. ## The Development Context The vacation request emerges from extensive planning work for the Berkeley Urban Village, which Sundin described as involving "a host of planning documents, among them a planned action ordinance, a development agreement, zoning, development regulations, a subarea plan." All these documents anticipated the Burns Street vacation as part of comprehensive redevelopment. Morrow provided context about recent changes in the area: "There was a driving range, a golf driving range, and that driving range is no longer in play. In fact, the buildings that were associated with that have been demolished. Just below that, to the south of it, was a YMCA daycare facility... And that facility moved into the Mercy Housing Building, which is just south of that. And that old YMCA building was also demolished." These demolitions have prepared the site for "a mixed-use development roughly in the spot where the YMCA building was," though Morrow noted that permit "has not yet been submitted, I don't think, but maybe it's submitted, but not approved." ## Compensation and Future Dedication Unlike typical street vacations that require compensation to the city, this request involves a land trade that favors the public. Sundin explained that while the city would vacate approximately 158,000 square feet of right-of-way, the developer will dedicate about 205,000 square feet for the new street alignment—a net gain of nearly an acre for the city. "Both vacation ordinances have been set up to essentially work where we do a first and second reading at Council. And the third and final reading, the actual approval of the ordinance, is held until dedication documents are provided to the city, so that we can affirm that there's a plus in the dedication column," Sundin testified. This structure ensures the city receives the promised street dedications before finalizing the vacation. ## Technical Clarifications Rice worked through several technical questions about the vacation request. Initially confused about the location, she clarified that the vacation area lies east, not west, of Woburn Street. Morrow confirmed: "It is east of Woburn." She also questioned why the vacation request isn't continuous along Burns Street. Morrow explained a quirk in the area's development history: "That little section of what would have been Burns Street was never dedicated as right-of-way... at the time they did the original development, there was no requirement to dedicate right-of-way there. So, there's a gap in the right-of-way system already." Since that section was never dedicated as public right-of-way, it doesn't require vacation—explaining the gap in the current request. Rice addressed concerns about landlocking properties, which Sundin dismissed due to common ownership: "The ownership in here is the same... While it may not have direct access to burns as it's intended to be, the ownership is common, and so there will still be access provided through common ownership." ## Notice and Public Process An unusual aspect of this hearing was the complete absence of public comment, which Sundin attributed to the applicant's extensive land ownership: "The petitioner owns all the property within 500 feet of those right-of-ways to be vacated. So I was really excited to tell you that tonight." Rice noted this simplified the process but maintained standard procedures, including proper posting of notice signs. She confirmed that Sundin had posted and photographed the required yellow notice sign at the end of Burns Street. ## Next Steps and Decision Timeline Following the hearing, Rice will compile findings of fact and conclusions of law to support her recommendation to City Council. She held the record open through September 26 for any post-hearing public comments from people who may have experienced technical difficulties joining the meeting. "If we receive none, the 10 business day decision deadline is October the 10th," Rice explained. Should late public comments arrive, staff and applicants would have two business days to respond, extending the decision deadline to October 14. The hearing concluded efficiently after just over 30 minutes, with Rice expressing confidence in meeting her recommendation deadline. City Council will make the final decision on whether to approve the vacation ordinance, likely in October. This vacation represents a significant step in implementing the Berkeley Urban Village vision, balancing development opportunities with environmental protection and public access. The careful coordination between vacation and new dedication ensures the public retains necessary transportation infrastructure while enabling more appropriate development patterns in this evolving neighborhood.

### Meeting Overview The City of Bellingham Hearing Examiner held a land use public hearing on September 24, 2025, to review a request by Barclay Company and Talbot Real Estate to vacate a portion of Burns Street in the Berkeley neighborhood. The hearing was conducted in hybrid format with no public comments received. ### Key Terms and Concepts **Right-of-Way Vacation:** The legal process by which a city permanently abandons its claim to a public street or alley, typically transferring ownership to adjacent property owners. **Hearing Examiner:** An independent contractor attorney who reviews land use applications and makes recommendations to City Council for final decisions on matters like street vacations and development permits. **Berkeley Urban Village:** A recently adopted neighborhood plan for the Berkeley area that includes zoning changes, development agreements, and planned redevelopment patterns. **Development Agreement:** A legal contract between the city and a developer that establishes terms for development, including infrastructure requirements and public benefits. **Burden of Proof:** In land use matters, the requirement that applicants demonstrate their request meets all legal criteria and serves the public interest. **Appearance of Fairness Doctrine:** A Washington State legal requirement that decision-makers in land use cases remain impartial and disclose any potential conflicts of interest. **TRC (Technical Review Committee):** City staff committee that reviews development proposals for compliance with technical standards and infrastructure requirements. **Wetland Mitigation:** Environmental restoration or preservation activities required to offset impacts to protected wetlands from development projects. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (Contract Attorney) | | Steven Sundin | Senior Planner, Planning and Community Development Department | | Adam Morrow | Pacific Surveying and Engineering (Applicant Representative) | ### Background Context This street vacation request is part of a larger redevelopment effort in the Berkeley neighborhood under the recently adopted Berkeley Urban Village plan. The Barclay Company has spent several years working through comprehensive planning documents including zoning changes, development agreements, and environmental review. The current Burns Street alignment would interfere with planned development, so the street will be vacated and relocated to a new alignment that avoids wetlands and preserves forested areas while still providing access to all properties. This is actually the second phase of street vacations in the area - Rimland Street was recently vacated through the same process and approved by City Council on September 15th. The entire redevelopment plan has been designed to minimize environmental impacts while creating new housing and commercial development in this urban village area. ### What Happened — The Short Version The hearing proceeded smoothly with no opposition or public comment. City Planner Steven Sundin explained that Burns Street is currently unimproved and will be realigned to facilitate future development while avoiding wetlands and preserving forest areas. The vacation involves approximately 158,000 square feet of existing right-of-way, but the developer will dedicate about 205,000 square feet of new right-of-way - giving the city nearly an acre more than it's giving up. Adam Morrow from Pacific Surveying and Engineering confirmed the applicant's agreement with the staff analysis. There are no utilities in the existing right-of-way, and all affected properties are owned by the same entity, so no one will be landlocked by the vacation. The hearing examiner held the record open through September 26th for potential public comment, with a decision deadline of October 10th. ### What to Watch Next - Hearing Examiner's recommendation due by October 10th, 2025 - City Council consideration of the vacation ordinance (timing to be determined) - Future development permit applications for the Berkeley Urban Village area ---

**Q:** Who requested the Burns Street vacation? **A:** Barclay Company and Talbot Real Estate, represented by Pacific Surveying and Engineering. **Q:** What is Sharon Rice's role in this process? **A:** She is the Hearing Examiner, a contract attorney who reviews the application and makes a recommendation to City Council for the final decision. **Q:** Why does Burns Street need to be vacated? **A:** The current alignment would interfere with planned development under the Berkeley Urban Village plan, and a new alignment will better serve future development while avoiding wetlands. **Q:** How much right-of-way is being vacated versus dedicated? **A:** About 158,000 square feet will be vacated, but approximately 205,000 square feet of new right-of-way will be dedicated - nearly an acre more for the city. **Q:** Are there any utilities in the Burns Street right-of-way to be vacated? **A:** No, there are no public or private utilities in the subject right-of-way. **Q:** Who owns all the properties within 500 feet of the vacation area? **A:** The petitioner (Barclay Company/Talbot Group) owns all properties within 500 feet, which simplified the public notice requirements. **Q:** What happened with Rimland Street? **A:** Rimland Street went through a similar vacation process and was approved by City Council on September 15th, 2025. **Q:** Will any properties be landlocked by this vacation? **A:** No, because all affected properties have common ownership, ensuring continued access through the property network. **Q:** What is the Berkeley Urban Village? **A:** A recently adopted neighborhood plan that includes comprehensive zoning, development agreements, and redevelopment strategies for the Berkeley area. **Q:** What environmental features are being protected? **A:** Wetlands, forested areas, and a historic orchard dating back to the 1940s will be preserved through the new street alignment. **Q:** What is Steven Sundin's job title? **A:** Senior Planner with the Planning and Community Development Department. **Q:** When was the public notice sign posted? **A:** At the end of improved Burns Street, where it transitions to unimproved right-of-way (photo taken by Steven Sundin). **Q:** How long is the record held open for public comment? **A:** Through September 26th, 2025, to accommodate anyone who had technical difficulties joining the hearing. **Q:** What is the decision deadline? **A:** October 10th, 2025, for the Hearing Examiner's recommendation to City Council. **Q:** What legal doctrine applies to this hearing? **A:** Washington State Appearance of Fairness Doctrine, requiring decision-makers to be impartial and disclose potential conflicts. ---