Loading...
HomeMy WebLinkAboutHX03 ORDER re Status Conference 090425 STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 1 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Before Hearing Examiner Tom Ehrlichman BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY In the Matter of the Unit Lot Subdivision ) Project File No. SUB2025-00012 Application Submitted by ) ) HABITAT FOR HUMANITY OF ) STATUS CONFERENCE ORDER EAST JEFFERSON COUNTY ) ) Parcel No. 901-023-007 (Port Hadlock) ) ____________________________________) NOTICE OF TIME AND DATE OF CONTINUED HEARING: September 26, 2025, 10:00 a.m., Jefferson County Courthouse I. BACKGROUND On July 15, 2025, the Hearing Examiner held an open-record pre-decision hearing on the above-referenced matter in the Chambers of the Board of County Commissioners. The Examiner continued the hearing. On July 22, 2025, the Examiner issued case management orders concerning evidence, testimony and the record in an Order of Continuance and Case Management Orders (Case Management Order). That order set August 14, 2025 as a status conference and invited the parties to file certain pleadings and exhibits in advance of that status conference, for the purpose of clarifying various aspects of the record. On August 14, 2025, at 10:00 a.m., the Hearing Examiner held the status conference. II. PROCESS AND CRITERIA FOR DECISION A. Scope of the Hearing Examiner Decision. The first issue discussed at the status conference was the scope of the Examiner’s decision in the above-referenced cause. The Examiner has reviewed over forty exhibits in the record to date; he has considered the responses of the parties to the Examiner’s questions at the status conference; and he has reviewed the Jefferson County Code and state subdivision statute, RCW ch. 58.17 applicable to this proceeding. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 2 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The application before the Examiner is a request for approval of a large lot subdivision, combined with a request for the Examiner’s approval of a Unit Lot Subdivision (ULS) under Jefferson County Code Chapter 18.35.800(4), with proposed phases. As clarified by the Department of Community Development (DCD) at the status conference, the Examiner’s decision concerning the ULS application necessarily includes a site plan review and decision. See Jefferson County Code (JCC) § 18.35.800(5). The Examiner encourages all parties to re- review the relevant sections of the Jefferson County Code related to the ULS in JCC ch. 18.35 and address the specific processes and criteria therein at hearing or in written filings. B. Specificity Needed in the Record. The next issue addressed at the status conference was the degree of specificity that the Hearing Examiner needs in the record in order to issue findings and conclusions concerning the criteria for a preliminary plat decision. Through the Case Management Order and this Status Conference Order, the Examiner provides the parties with guidance on what he needs to see in the record to issue adequate written findings under applicable criteria. The applicant is reminded that it has the burden of proof to present adequate evidence to support Hearing Examiner findings and conclusions of approval. Hearing Examiner Rule 5.14(j)(ii). C. Background on Key Issues in the Proposal. This ULS application presents what appears to be a case of first impression for large housing development within the Irondale/Port Hadlock Urban Growth Area. In answer to a question from the Examiner at the status conference, DCD staff and the Applicant each verified that they know of no other large housing project utilizing the ULS method of development in Jefferson County. Because of the unique nature of this proposal, as a case of first impression, the Examiner goes into detail in this order to shed light on what is required. Based on the record submitted to date, the following is known about the ULS proposed by the Habitat for Humanity of East Jefferson County. The Applicant intends to develop 138 residential lots within a 5.73 acre developed area on a larger 17.44-acre parcel. Using simple math, this is the equivalent of 24 residential units per acre – a high density residential complex, consisting of townhouses and one group home. DCD staff indicated at the status conference that an even greater number of residences would be authorized by urban zoning, if the applicant STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 3 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wished, on the larger 17.44-acre parcel. Currently, the overall density for that parent parcel equates to approximately 8 units per acre (138 units divided by 17.44 acres). During this proceeding to date, two issues have been identified for this proposal. 1. The ULS Proposal and Fire Safety. Under the ULS concept, as explained by the Applicant staff during the hearing, the individual residential units within the townhomes will be owned by the resident, and the underlying lot will be owned by the developer (or can be purchased by the resident); the development is not a state-regulated condominium.1 The proposed preliminary plat contains outlines of lots and proposed groups of fourplex townhomes that are urban in nature, close together with minimal spacing between the structures and roadways. The proposed preliminary plat contains some details related to fire safety but is unclear as to the proposed approximate number and location of hydrants throughout the dense complex that will connect to the indicated eight inch water mains. The record does not contain any fire safety analysis from the Applicant but does now contain a one-page summary of the Fire Marshall’s conclusion that the proposed plat conforms to all applicable fire standards and regulations. 2. Off-Site State Highway Impacts. One of the primary routes of access to and from the proposed housing development to the adjacent towns of Port Townsend and Chimacum and their centers for business, goods, community centers and schools in addition to Irondale/Port Hadlock, is through the intersection at State Route 19 and State Route 116, both state highways. SR 19 is the main north/south transportation corridor in eastern Jefferson County for transit between Port Townsend and State Highway 104, which includes the main Hood Canal Bridge corridor on the Olympic Peninsula. SR 116 provides a route from SR 19 to the housing development and the commercial center of Port Hadlock. Communications from the Washington State Department of Transportation in the record indicate that the intersection is currently at a failing Level of Service “F” and the project will augment that failure, particularly for left turns out from State Route 116 and southbound left 1 The Examiner notes that state law regulates ULS units created by short plat, but very little state-law guidance is provided for long subdivision approvals of ULS residential communities. By default that leaves the majority of the ULS procedure and regulation to state subdivision law and local statute, in the Jefferson County Code. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 4 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 turns off of SR 19 onto SR 116. At the public hearing on July 15, 2025 and at the status conference on August 14, 2025, the Hearing Examiner asked questions and commented on how best to address these issues as part of the preliminary plat hearing, requesting comments from attendees. A key procedural issue emerged pertaining to the level of detail required during Hearing Examiner review. D. ULS Subdivision Review. At the status conference, and in Exhibits 39 and 40, the Applicant expressed the opinion that, in essence, the details of a Unit Lot Subdivision development concerning fire safety, off-site traffic safety, plat layout and other development parameters can and should be deferred to final plat or building permit review. In essence, the Applicant contends they are not part of the scope of review during preliminary plat review by the Hearing Examiner. The Applicant’s reasoning is not entirely clear to the Examiner but it appears the Applicant’s primary objection is to providing “engineering level of detail” at this stage of project review, prior to final plat or building permit review.2 And at various times, the Applicant and DCD each have commented that the ULS process is a new housing development process that involves a lesser level of detail at the preliminary plat review stage. The Examiner notes that, other than eliminating the requirement for minimum lot sizes in a plat, the County’s ULS regulations require that the ULS be reviewed under the same standards as a preliminary plat subdivision review (with the addition of a site plan review). The Examiner has invited the parties to brief the issue and present statutory authority, and to provide any examples from other jurisdictions reviewing ULS subdivisions, to assist in rendering a decision on this case of first impression under County Code.3 No submittals on this legal issue have been received as of the date of this Order. The parties may still provide the Examiner with prehearing briefing and exhibits on the matter up until five days prior to the continued hearing (if filed by 4 pm September 21, 2025). 2 At the Examiner’s request in the Case Management Order, the Applicant did provide the Clerk with an updated Exhibit 03 (the preliminary plat) signed by the Applicant’s responsible Civil Engineer. 3 One source of authority to relax life safety standards during preliminary plat review is through the variance process, as indicated in JCC § 18.35.320(4). STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 5 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E. Preliminary Ruling on the Level of Detail Needed for Preliminary Plat Approval. The Examiner has considered the matter and offers the following preliminary ruling on the issue, in the event the parties wish to comment on how a ULS review is different from preliminary plat review, as part of the hearing process. The Examiner finds that review of this ULS proposal will be subject to the same standards as preliminary plat review. The Applicant’s position, if accurately stated here, appears to misunderstand the level of detail needed for preliminary plat review under state and local law. The applicant has the burden of proof to demonstrate ULS conformity with the County’s preliminary plat requirements, which means conformity with all applicable state and local life safety requirements related to roads and fire, among other elements of public health and safety. Engineered drawings are not required. But the infrastructure capable of serving the plat and the planned public safety features of the proposal must be described in concept clearly and in detail on the plat and in the materials it references on the face of the plat. Any Hearing Examiner approval of the proposed preliminary plat will then be in the form of a decision citing to that exhibit and adding any conditions that must be met for additional detail at final plat approval. As the County’s final decision maker on the plat/ULS,4 the Examiner cites the following sources of authority requiring a higher level of detail than the Applicant has offered in the record to date for preliminary plat review. The requirements of the state subdivision code, case law, and the Jefferson County Code specify the level of analysis needed at preliminary subdivision approval. The state subdivision code specifically requires written findings from the Examiner related to protection of life safety: RCW 58.17.110 Approval or disapproval of subdivision and dedication—Factors to be considered— Conditions for approval—Finding—Release from damages. . . . . (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure 4 JCC §§ 2.30.080(2)(a)(i); 18.35.320(1); 18.40.300(1). STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 6 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. RCW 58.17.110(2) (emphasis added). The case law confirms that the details of fire safety plans in a dense housing development are appropriately part of local preliminary plat review, as well as appellate review of a preliminary plat decision. See, e.g., Lanzce G. Douglass, Inc. v. City of Spokane Valley, 154 Wn. App. 408, 225 P. 3d 448, 453-455 (2010). The question of whether the direct impacts of a proposed development require mitigation at a potentially dangerous state-highway intersection is also relevant during preliminary plat review. JCC § 18.35.310(1)(d) (long subdivision approval criteria include adequate provision for public health, safety and general welfare); see also, JCC § 18.35.590 (authorizing review of direct impacts of proposed subdivision to evaluate possible conditions of approval requiring off-site road safety mitigation).5 There is no exemption in state or local law allowing a Hearing Examiner to ignore impacts on an adjacent jurisdiction, i.e., traffic impacts to a State highway intersection, during preliminary plat review. While preliminary plat approval does not involve review and approval of engineered construction plans, as noted above, it does involve review of the improvements that need to be designed and constructed in order to meet the County’s subdivision standards. JCC 18.35.570 (Requirements for Improvements). By way of example, preliminary plat approval requires clear specification of the design concept for fire hydrants (number and approximate location), but not the engineering and construction plans needed to construct the hydrants. Engineering prior to final plat approval evaluates actual construction of “improvements,” but the sufficiency of those improvements at final plat review will be predicated on knowing what improvements are required in the first place -- “as approved upon the preliminary plat.” Id. The details of the preliminary plat may be approximate, but they may not be deferred to final plat. The state subdivision statute does list some specific elements of development that need 5 18.35.590 Responsibility for road improvements. Where reasonably necessary to mitigate the direct impacts of the proposed division of land and/or to meet safety requirements, off-site road improvements may be required as a condition of approval under this chapter. When required, the applicant shall bear the sole responsibility to make such off-site road improvements. [Ord. 9-24 § 3 (App. A (Exh. 2)); Ord. 8-06 § 1]. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 7 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not be detailed until final plat review. For example, a complete survey of the plat may be deferred until the final plat is filed for record. RCW § § 58.17.160(2), .250, .255. The Examiner finds nothing in RCW 58.17.110 or the Jefferson County subdivision code that limits the scope of the life safety or traffic safety review during preliminary plat approval or that requires deferral of those reviews to later reviews for final plat or building permit approval. In conclusion, the Hearing Examiner finds that a decision on a preliminary plat application requires that the Applicant provide the analysis and details demonstrating that the proposal meets known requirements for provision of infrastructure providing necessary public services and life safety, both on-site and off-site. Conclusory statements and promises to further study a problem at final plat or building permit review are of little probative value in fashioning Hearing Examiner findings and conclusions required by law. F. Fire Safety Regulatory Compliance. The Examiner reiterates that written findings of appropriate provisions for public health, safety and general welfare related to fire safety must be based on a record that contains the details of any analysis conducted by fire safety experts. The County Fire Marshall has the authority to regulate plans and actions to ensure compliance with all fire safety policies and regulations. JCC § 15.05.020. The Hearing Examiner function is to ensure that the record of the County’s final decision on a preliminary subdivision includes the basis for future approvals, including a citation of applicable regulations, policies and statutes on specific life safety issues, so that conditions of any approval can be crafted accurately. Among other powers, the code gives the Examiner the authority and duty to examine available relevant evidence, conduct hearings, cause preparation of the official record, and prepare findings of fact and conclusions of law for the final decision. JCC § 2.30.080. If County officials, DCD staff, relevant agencies, Applicant expert witnesses or other witnesses have relevant evidence considering the proposed plat layout and appropriate provisions for fire safety of future residents, the Examiner includes that testimony in the record. For the purposes of preparing findings of fact and conclusions of law for the final decision, the Examiner pays close attention to the specific analysis underlying generalized conclusions by experts and County officials. By way of example only, if the parties and officials testify on the record that residential sprinklers are not required for the proposed townhome complexes, the Examiner will STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 8 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 inquire for the record as to the basis for those conclusions in terms of applicable requirements and design. At the status conference, the Examiner inquired as to the reasons the Applicant elected not to present expert testimony on this issue. Due to the lack of evidence in the record concerning Fire Marshall review at the time of the July 15, 2025 hearing, the Examiner’s Case Management Order invited the Applicant to provide a report or testimony from a licensed and qualified fire safety professional, evaluating plat conformity with applicable fire safety standards and suitability during firefighting. The Applicant, in Exhibit 40, has declined to provide that. The Applicant contended at the status conference and Exhibit 40 that analysis of fire prevention measures can be deferred until later stages of project review, whether final plat or building permit review. Alternatively, the Applicant relies exclusively on the Fire Marshall’s letter to the Examiner in Exhibit 22-1, which is a one-page letter describing the Fire Marshall’s conclusions based upon pre-application discussions and other analyses that are not yet part of the Record. In conclusion, the Hearing Examiner finds that the Applicant in this case is required at preliminary plat review by law to demonstrate on the record, like any other subdivision proposal, that “all divisions of land governed by this chapter shall meet the fire protection and improvement standards adopted by Jefferson County.” JCC § 18.35.610. A demonstration of compliance with this fire-safety rule requires analysis, not generalized conclusions of experts or deferral to a later date. G. Traffic Safety. The background section, above, describes the specific traffic safety at issue in this stage of the proceeding involving the intersection of two state highways at SR19 and SR 116. At the July 15, 2025 hearing, DCD introduced Exhibit 19-3 involving consultation with WSDOT concerning the traffic analysis for the proposed preliminary plat. The analysis reviewed by WSDOT was prepared by Parametrix on behalf of the Applicant, dated June 20, 2025. Id. WSDOT’s comment noted that the LOS delay at the SR19/SR116 intersection was increasing “from 79 s (F) to 107 s (F)” and that the increase “is significant.” WSDOT sought mitigation and analysis of an all-way stop or “a raised compact roundabout.” Id. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 9 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At the July 15, 2025 hearing, the Applicant testified orally that they would be providing the intersection mitigation requested by WSDOT, subject to further discussions with WSDOT. On July 22, 2025, the Examiner’s Case Management Order requested submittal of a writing signed by the Applicant confirming the voluntary mitigation offered orally at hearing. Prior to the status conference on August 14, 2025, the Applicant submitted to WSDOT a revised Traffic Impact Analysis by Parametrix, dated July 16, 2025. Exhibit 19-4. Following its review of that updated analysis, WSDOT’s Casey Chilton commented on August 4, 2025, stating “WSDOT is willing to approve changing the intersection control from side street stop control to All way stop control.” Id. WSDOT provided dimensions for road reconfiguration. The Applicant’s memorandum to the Examiner at Exhibit 39 contains a mitigation offer acknowledging WSDOT’s mitigation comment: “the [WSDOT] specified mitigations appear to be acceptable to Habitat.” The Applicant has yet to commit in writing to a specific mitigation proposal that includes a design concept and a binding commitment to pay the entire cost of design and construction.6 III. HEARING EXAMINER REQUESTS FOR LIVE TESTIMONY (LIVE/REMOTE) A. Request for Hearing Testimony re Fire Safety. To date, the record does not contain any statement from the applicable fire district providing fire services to the development analyzing the viability of the plat design during firefighting. The Examiner requests that the Fire Marshall and an authorized representative of the East Jefferson Fire & Rescue appear at the continued hearing on September 26, 2025 to 6 At the status conference, the Examiner noted that Jefferson County Public Works had determined that it did not have jurisdiction over the state highway intersection impacts or mitigation. Exhibit 21. At the same time, the Examiner noted that the Jefferson County Code does contain a provision allowing the County to require offsite road improvements “to mitigate the direct impacts of the proposed division of land and/or to meet safety requirements” as a condition of subdivision approval. JCC § 18.35.590. The code authorizes the County to impose the cost of these off-site road improvements as the sole responsibility of the Applicant. Id. The issue is whether, in the absence of a schedule and funding for County improvement to the state intersection, and in the absence of a concurrency regulation or traffic impact fee regulation, subdivision project review still includes a review and decision as to the direct impacts of the proposed subdivision on the availability and adequacy of off-site public facilities in the form of state highway intersections. RCW 36.70B.030(2) and JCC § 18.40.130(2) suggest there is no bar to review under the general welfare and public safety standard in RCW 58.17.110. The issue is the degree to which the Examiner has authority under JCC § 18.35.590 to impose off-site mitigation of a roadway owned by the state. In this case, a SEPA condition was imposed within the SEPA DNS addressing the issue of deficiencies in state highway intersection capacity, and no appeal was filed to the Hearing Examiner objecting to that exercise of authority. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 10 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 present their conclusions, citations to applicable standards, and the analysis underlying those conclusions, along with any proposed plat conditions.7 The appearance need not be in person; these officials may appear via online attendance at the hearing via Zoom or similar medium, provided they have copies of Exhibits 22, 36, and 40 available to them during the hearing. The Clerk is directed to provide Phil Cecere, Jefferson County Fire Marshall, and Chief Bret Black, Chief of East Jefferson Fire Rescue, with a copy of this Order requesting their appearance as witnesses and with copies of Exhibit 22 (with its sub-parts), Exhibit 36, and Exhibit 40. The assistance of DCD in scheduling those appearances was requested at the status conference. B. Request for WSDOT Hearing Testimony. Based upon review of the WSDOT comments at Exhibits 19-3 and 19-4 and the responses from the parties at the July 15, 2025 hearing and at the August 14, 2025 status conference, the Hearing Examiner concludes that the testimony of a WSDOT representative familiar with the direct traffic impacts of the proposed plat identified in the Applicant’s Traffic impact Analysis (June 20, 2025), Exhibit 19-3, is necessary to complete the record on traffic safety for purposes of the Examiner’s written findings required under RCW 58.17.110. The purpose of WSDOT’s testimony will be to confirm or decline a specific request for mitigation from WSDOT, and to provide testimony on the direct impacts of the project and the type of intersection improvements that would address the impact of the project. The Examiner finds it necessary to determine the degree to which the Applicant has entered into any agreements with WSDOT to pay for or construct an intersection improvement on state roadways. That information is directly relevant to any proposed condition the Examiner might consider in a 7 In Exhibit 22-1, the Fire Marshall certifies “that the preliminary plat proposed for approval meets all applicable fire safety requirements for this proposed use and configuration” and no automatic residential sprinklers are required for the proposed four-unit townhouse buildings (which comprise the “majority of the structures”). The record does not yet contain fire safety analysis of all building types in the development, citations to applicable standards related to automatic sprinklers or other applicable fire-safety standards, e.g. applicable spacing requirements between buildings. The Fire Marshall letter defers certain fire protection and life safety system requirements “until permit application submission and review.” The letter refers to hydrant locations proposed “by Parametrix and provided by the applicant” without reference. Upon examination, Exhibit 03 (the plat) indicates a few hydrant locations but does not clearly delineate all hydrants and contains no legend-symbol for hydrants. This missing information is needed as part of the record, either through testimony or written submittals, to support any proposed plat conditions. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 11 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subdivision approval, requiring off-site traffic safety mitigation. The Clerk is directed to contact Casey Chilton at WSDOT (See Exhibit 19-4) to request the testimony of the WSDOT point of contact for this project at the September 26, 2025 continued hearing. The Clerk shall provide Mr. Chilton with a copy of this Order respectfully requesting WSDOT’s testimony at hearing, with electronic copies of Exhibits 9 (with subparts), 19 (with subparts) and 39. The Clerk shall coordinate with WSDOT and DCD as necessary to arrange WSDOT’s remote testimony concerning those exhibits under oath before the Examiner on September 26, 2025. C. Request for Testimony From Jefferson County Road Engineer. The Examiner finds that further testimony on the Applicant’s mitigation offer concerning the intersection at SR19/SR116 is necessary from the Department of Public Works, specifically the County Road Engineer. The issue is described at length above and incorporated herein by reference. The Clerk is directed to provide Monte Reinders, P.E., the Jefferson County Road Engineer with a copy of this Order respectfully requesting his appearance as a witness and with electronic copies of Exhibits 9 (with subparts), 19 (with subparts), 21, 36, and 39. The Examiner requests the assistance of DCD in scheduling his appearance. D. Request for Testimony From Applicant’s Plat Civil Engineer. The Applicant is directed to make available the licensed civil engineer who signed the plat submitted at Exhibit 36, for testimony under oath at the continued hearing on September 26, 2025. The witness may appear remotely, provided he is able to examine the record during the hearing; mark exhibits during questioning; and then file the marked exhibits with the Clerk immediately following the close of hearing. A curriculum vitae for the witness shall be filed with the clerk at least five days prior to the hearing. III. EXHIBITS CURRENTLY IN THE RECORD The “record of hearing” in this case will be reflected in an exhibit list maintained by the Clerk and attached to the Examiner’s final decision. It will be comprised of the items listed in Hearing Examiner Rule 4. The Clerk maintains a working index of record documents that is updated periodically and posted online as the case proceeds. Exhibits listed by the Clerk and STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 12 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 entered into the record will be modified only upon order of the Hearing Examiner. The Examiner welcomes written comments or proposed corrections to the Clerk’s posted Preliminary Exhibit List. Comments should be filed in writing and served by no later than 4:00 p.m. on September 19, five days prior to the hearing. The following describes the status of exhibits entered into the record as of this order. Exhibits 01 through Exhibit 28 are admitted into the record, subject to augmentation or reorganization as described below.8 The Examiner reinstates Exhibits 19 and 22 as part of the record, as augmented and described herein (previously deleted in the Case Management Order). Exhibits 29 through 34 are admitted into the record and are comprised of exhibits offered prior to or at the first session of the public hearing (July 15, 2025). Exhibits 35 – 45 are hereby admitted into the record based upon the Examiner’s review at the status conference and as part of this order.9 IV. CATALOGUE OF REPLACEMENT EXHIBITS At the July 15, 2022 hearing, the Examiner notified DCD and the Applicant that certain exhibits submitted with the Staff Report were incomplete. The Examiner’s Case Management Order (July 22, 2025) authorized the submittal of replacement exhibits by DCD or the Applicant in order to supply more complete information. Consistent with that order, DCD filed Exhibit 43, the Second Declaration of Mo-chi Lindblad dated August 8, 2025 (Lindblad Decl.). The documents attached to the Lindblad Decl. are hereby ordered inserted into the record in place of the following Exhibits 01, 07, 09, 19, 21 and 22, as follows. Subject Matter of Exhibit Original Exhibit New Exh. From DCD Staff Report Exh. 01 (update) Exh. 01 Potable Water Supply Exh. 07 Exh. 07 8 The staff report and a number of accompanying exhibits were filed with the Hearing Examiner Office prior to or at the July 15, 2025 hearing. Exhibit 01 was the staff report. 9 Several new submissions prior to the August 14, 2025 status conference are notable in their response to the Case Management Order: Exhibit 07 to the Staff Report is now augmented by the Applicant’s submittals of Exhibits 37 and 38; Exhibit 39 is the Applicant’s statement concerning SR19/SR116 intersection; and Exhibit 40 is the Applicant’s statement concerning fire safety. STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 13 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Subject Matter of Exhibit Original Exhibit No. New Exh. No. Traffic Impact Analysis Exh. 09 Exhs. 9-1, 9-2, 9-3, 9-4 WSDOT Comments Exh. 19 Exhs. 19-1, 19-2, 19-3, 19-4 Public Works Comments Exh. 21 Exh. 21 Fire Marshall Comments Exh. 22 Exh. 22-1 Original Exh. 22 Exh. 22-2 (Fire Marshall Decl. and Letter to Hearing Examiner) Exh. 22-3 Email Exchange with E. Jefferson Fire/Rescue Several other exhibits were submitted as well by the Applicant and Office of the Prosecuting Attorney on behalf of DCD. Exhibit 03 (plat drawings) shall remain a part of the record but is now updated and superseded by the Applicant’s submittal of Exhibit 36 which the Applicant offers now as the signed formal plat submitted for review and possible preliminary plat approval. Exhibit 45, Jefferson County’s Legal Memorandum and Attachments re zoning, contained eight attachments [Note: the County agreed to provide the attachments to the Clerk renumbered and labeled: “42-1, 42-2, 42-3,” etc., for inclusion in a future edit of the exhibit log. The Clerk shall reorganize the exhibit log to conform to these substitutions, subject- matter identifiers, and exhibit numbers. V. WITNESSES AND PUBLIC TESTIMONY ON SEPT. 26, 2025 A. New Witnesses. As noted above, at a minimum, the Examiner anticipates witness testimony at the September 26, 2025 public hearing from the following, whether in person or via online attendance, concerning the matters described above: 1. Phil Cecere, Jefferson County Fire Marshall; 2. Chief Bret Black, East Jefferson Fire Rescue; 3. WSDOT designated representative; 4. Monte Reinders, P.E., Jefferson County Road Engineer; and 5. Applicant’s Civil Engineer Signatory to the Plat. B. Filing and Exchange of Expert Witness Lists. The parties are hereby STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 14 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directed to file and serve lists of any other expert witnesses they proposed to call at the September 26, 2025 continued hearing, including names, titles, business addresses, phone numbers and a brief curriculum vitae. The lists must be filed with the Clerk and served on the other parties by September 12, 2025. Additional expert testimony at hearing will be restricted to these lists unless otherwise granted by the Examiner upon motion. C. Limited Public Testimony Reopened. Because there will be new witness testimony described herein, the Examiner has reconsidered his prior order closing the public testimony portion of the public hearing. The public will be allowed to offer concise testimony on September 26, 2025, limited to comments on documents or testimony offered since the July 15, 2025 public hearing, where public testimony was closed on evidence and testimony received as of that date. This is a continuation of the July 15, 2025 public hearing and does not need to be re-noticed via publication. STATUS CONFERENCE ORDER: Based on the foregoing, the Hearing Examiner orders and finds as follows: 1. The case before the Hearing Examiner is an application for a preliminary plat final decision, and the Applicant has the burden of proof pursuant to state and local law. The Applicant has the burden to identify on the record the specific analysis, regulations and project details that form the basis for expert opinions upon which it relies. Also, the Applicant alone is responsible for offering mitigation capable of ensuring compliance with applicable preliminary plat approval standards. This Order, like the Case Management Order in July, identifies specific issues and areas where the record presented by the Applicant to date may not yet be sufficient. 2. The Examiner respectfully requests the testimony at hearing (in person or remotely) of the five witnesses identified above. The Clerk shall send a copy of this order and identified exhibits (electronically) to the first four witnesses on the list at the earliest possible time and then facilitate their appearance at the continued hearing. 3. The continued hearing will commence at 10:00 a.m. on September 26, 2025 at the Jefferson County Courthouse in Port Townsend, WA. 4. At the continued hearing, the Applicant and DCD may call witnesses identified in their pre-filed witness lists. The public hearing will be reopened to allow limited testimony on STATUS CONFERENCE ORDER FILE NO. SUB2025-00012 - P. 15 Jefferson County Hearing Examiner 1820 Jefferson St./P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subjects, documents and testimony arising since the July 15, 2025 public hearing. 5. The written record on the application remains open to all until closed by order of the Hearing Examiner at or following the continued hearing. 6. Exhibits 01 through 45 are admitted into the record as described herein. 7. The Examiner finds that the Applicant has elected not to submit a report for inclusion in the record by a qualified fire safety consultant, i.e., certifying that the concept described in the proposed preliminary plat and Unit Lot Subdivision is capable of achieving compliance with applicable fire safety standards and regulations. The Applicant’s exclusive reliance on the opinion of the County Fire Marshall at the preliminary plat stage of review makes necessary the Fire Marshall’s appearance and testimony at hearing. The testimony of the Fire Chief for the East Jefferson Fire Rescue district is also necessary and not yet part of the record.10 8. The Examiner finds that the Applicant has not submitted a written offer of mitigation for intersection improvements at the intersection of State Route 19 and State Route 116, and therefore testimony on the record is necessary from the Public Works Road Engineer and the responsible project reviewer at the Washington State Department of Transportation.11 9. The Examiner received the requested legal memorandum from the County concerning zoning and sanitary sewer availability within the Port Hadlock/Irondale Urban Growth Area. 10. All exhibits and prehearing memoranda or motions shall be filed with the Clerk and served by 4:00 p.m., September 21, 2025, five days in advance of the continued hearing. SO ORDERED, this 4th day of September, 2025. _________________________________ Tom Ehrlichman, Hearing Examiner 10 The Examiner’s Case Management Order (July 22, 2025) addressed the need for testimony from County and District fire officials at the continued hearing. 11 This potential need for WSDOT testimony was made explicit in the Case Management Order, in the event the Applicant did not submit a written mitigation offer.