Hearing Examiner

The Burns Street vacation is part of a comprehensive redevelopment strategy for the Berkeley neighborhood that has been years in the making. Steven Sundin explained that the Barclay Company underwent an extensive planning process involving multiple documents: a planned action ordinance, development agreement, zoning regulations, development regulations, and subarea plan. All of these planning documents fully contemplated the vacation of Burns Street. The vacation serves to facilitate a new street alignment that avoids wetland impacts and preserves forested areas, including what Sundin described as a "historic orchard" dating back to the 1940s. The new alignment will connect to a realigned St. Clair Street in a "squiggly track" pattern designed around environ…

**Steven Sundin (Senior Planner):** Provided detailed technical presentation supporting the vacation request. Emphasized the extensive planning process that led to this proposal and demonstrated how the vacation aligns with approved development plans. Highlighted environmental benefits of the new street alignment and confirmed no utilities conflicts. **Adam Morrow (Pacific Surveying and Engineering, representing applicant):** Confirmed agreement with staff analysis and emphasized this represents "phase two of a two-phase exercise" in stree…

**Steven Sundin, on the comprehensive planning process:** "The Barclay company recently went through a fairly long exercise in developing a host of planning documents, among them a planned action ordinance, a development agreement, zoning, development regulations, a subarea plan. In all of those documents, it was fully contemplated that Burns would be vacated." **Adam Morrow, on the development agreement:** "These vacations and road realignments were subject and part and parcel to a developmen…

This hearing represents a procedural step forward in the Burns Street vacation process, with evidence now on record for the hearing examiner's recommendation. The hearing confirmed technical details and compliance with municipal code requirements, setting up the formal recommendation phase. The hearing clarified that the vacation area includes wetlands that will require mitigation, and confirmed the street vacation coordinates with broader Berkeley …

### 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…