### 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 ---